Council PKT 04-15-2008 Regular
AGENDA
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
April 15, 2008-7:00 PM
(www.cityoffederalway.com)
*****
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
· Tiger Den of Cub Scout Pack 308
3. PRESENTATIONS
. Proclamation - Hylebos Day
. Proclamation - Women's Health Week
. Proclamation - National Day of Prayer
. City Manager Emerging Issues:
- King County Flood Control District
- City Center Access Project Update
4. CITIZEN COMMENT
PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO
SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please
come forward to the podium and state your name for the record. PLEASE LIMIT YOUR REMARKS
TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate
negatively to other individuals, or are otherwise inappropriate.
5. CONSENT AGENDA
Items listed below have been previously reviewed by a Council Committee of three members
and brought before full Council for approval; all items are enacted by one motion.
Individual items may be removed by a Counci/member for separate discussion and
subsequent motion.
a. Minutes: Approval of the April I, 2008 Regular and Special Meetings
b. Ordinance: Cottage Housing Code Amendments
c. Le House Demolition Project Bid Award
d. S. 320th Schedule 74 Undergrounding Agreement with PSE and
Reimbursement Contract with Quadrant Corporation
e. Metro Service Partnerships
f. Celebration Park Maintenance Building Installation
g. Landscape Bid Award - City Hall, Community Center and six City Parks
h. Drug Pilot Program - Prometa
6. CITY COUNCIL BUSINESS
a. Code Compliance Overview
b. Resolution: Sound Transit Light Rail
7. INTRODUCTION ORDINANCES
8. CITY COUNCIL REPORTS
9. CITY MANAGER REPORT
10. EXECUTIVE SESSION
a. Potential Litigation pursuant to RCW 42.30.110(1)(i)
11. ADJOURNMENT
** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA **
THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND
ALSO ON THE CITY'S WEBSITE.
.
COUNCIL MEETING DATE: April 15, 2008
ITEM #:
Sa
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should Council approve the draft minutes of the April 1, 2008 Special and Regular
Meetings?
COMMITTEE: Not Applicable
MEETING DATE: Not Applicable
CATEGORY:
IZI Consent
D City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
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Attachments:
Draft meeting minutes of the April 1, 2008 Special and Regular City Council Meetings.
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
.__._.._._._.M._H_......._.............___...._____.............._....__.........__......._.._..__._..._.._.........___._...__......_..._._..___..._...._._.________......_...._.__._......---.----...-.........-........-.-....,..-....-...-.---....-.,.-.-....---..
STAFF RECOMMENDATION: Staff recommends approving the minutes as presented.
CITY CLERK ApPROVAL:
N/A
DIRECTOR ApPROVAL:
N/A
Committee
N/A
COlUlCil
Committee
Council
COMMITTEE RECOMMENDATION: Not Applicable
PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
April 1, 2008
Study Session/Special Meeting Agenda
5:30 PM
(www.cityoffederalway.com)
******
1. CALL MEETING TO ORDER
Mayor Dovey called the Special Meeting to order at 5:34 PM and excused Councilmember
Ferrell.
Councilmembers Burbidge, Duclos, Kochmar, Park and Deputy Mayor Faison present.
2.
RETREAT ITEMS FOLLOW-UP DISCUSSION
.
Green City Plan
Deputy Public Works Director Ken Miller stated that as part of the 2008 Mid-biennium
Budget Adjustment, the City Council budgeted $80,000 to develop a Green City Strategic
Plan. At their annual retreat Council directed staff to research alternative approaches to
developing the Green City Strategic Plan, other than issuing an RFP, to hire a consultant.
Mr. Miller outlined five recommendations and asked the City Council to give staff
direction on which ones, if any, to further pursue. The five staff recommendations are:
.
Create an internal City Green Team
Review the areas of greatest needs/concern
Organize a Green Ribbon Panel
Calculate the city's and community's carbon footprint
If sufficient funds are available, hire a staff member to assist and
coordinate the Green Team, Green Ribbon Panel and community
outreach
.
.
.
.
Councilmember Kochmar asked staff to look into any available grants that might assist
with this type of program.
Councilmember Duclos asked who in the community would be appointed to the Green
Ribbon Panel. Mr. Miller stated the panel would be a cross-section of citizens, developers
and business leaders.
Mayor Dovey asked about the costs associated with such a program. Mr. Miller stated the
first three recommendations would not create extra costs for the City; however, costs would
be involved for the last two recommendations.
Council consensus was reached to pursue recommendations 1, 2 & 3 and provide Council
with more information on recommendations 4 & 5.
.
Allocation of Utility Tax for Operations
Assistant City Manager Iwen Wang stated at their annual Council Retreat held earlier this
year, Council agreed that the transfer of utility taxes for operations purposes is a significant
fiscal policy. They asked staff to bring this item back to Council for confirmation.
Ms. Wang stated that voters recently approved Proposition 1 designating 1.75% of utility
taxes for police and community safety improvements. She stated this new revenue source is
not part of the base-line budget balancing amounts as it will continue to be designated for
police and community safety. Ms. Wang reviewed the current outlook stating while both
general fund revenues and expenditures have risen higher than anticipated in 2006, a
projected gap is still expected between 2012 and 2014.
Ms. Wang stated that using utility taxes for operations will provide increased diversity to
the City's property and sales tax reliant General Fund. She requested Council direction to
develop a 2009/2010 City Budget. The two options are assume a base budget utility tax
transfer in addition to specific project-based and voter-approved transfers or direct staff to
develop the 2009/2010 budget without utility tax transfer.
Council consensus was reached to continue discussions III the FinancelEconomic
Development/Regional Affairs Committee.
.
Jail Facility Options
Police Commander Stan McCall stated the City of Federal Way has contracts in place with
the following agencies to house prisoners: King County, Fife, Enumc1aw and Yakima
County. King County's contract expires in 2012 and they will not be renewing. Yakima
County's contract expires in 2010; they have indicated a willingness to renegotiate their
contract.
Commander McCall outlined three options for long-term housing of inmates and outlined
the pros and cons for each:
1. Continue contracting for jail services
2. Build our own misdemeanor jail facility
3. Partner in a sub-regional jail facility
Due to time constraints the City Council decided to continue this discussion under the
Council Business Section of the Regular Meeting agenda to begin at 7:00 PM.
3. ADJOURNMENT
Mayor Dovey adjourned the Special Meeting at 6:58 PM.
ATTEST:
Laura K. Hathaway, City Clerk
Approved by Council on:
AGENDA
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
April 1, 2008-7:00 PM
(www.cityoffederalway.com)
*****
1. CALL MEETING TO ORDER
Mayor Dovey opened the regular meeting of the Federal Way City Council at 7:04
PM. Councilmembers Burbidge, Duclos, Kochmar, Park and Deputy Mayor Faison
present. Councilmember Ferrell was excused.
MOTION: Councilmember Burbidge moved to amend the agenda to add the Jail
Facility Options Discussion (continued from the April 1, 2008 Special Meeting) to
the Council Business Section as item 6b. Councilmember Kochmar second. The
motion carried 6-0.
2. PLEDGE OF ALLEGIANCE
Deputy Mayor Faison led the Flag Salute.
3. PRESENTATIONS
. Diversity Commission Update
Councilmember Burbidge introduced Diversity Commission members Jaye Zero,
Deborah Little, Ron Walker and Chris Brown who updated the Council on recent
events sponsored by the commission including the recent Martin Luther King event
as well as their upcoming work plan.
. City Manager/Emerging Issues
Economic Development Director Patrick Doherty updated the Council on the recent
NCAA Men's Swimming and Diving Event held at the King County Aquatic Center.
Forty-one colleges and universities were represented and Mr. Doherty reported that
NCAA officials were very impressed with the facility and staff.
4. CITIZEN COMMENT
Nancv Combs - asked about adding stop sign at 304th Avenue - Mayor Dovey
instructed the Public Works Department to look into the situation.
H. David Kaplan - announced that today is the 10th anniversary of the
groundbreaking ceremony for Celebration Park and next year is the 10th anniversary
of the opening of the park. He suggested a birthday celebration event take place next
year to celebrate.
Federal Way City Council Regular Meeting Minutes
April], 2008 - Page 2 of 5
5. CONSENT AGENDA
Items listed below have been previously reviewed by a Council Committee of three members
and brought before full Council for approval; all items are enacted by one motion.
Individual items may be removed by a Councilmember for separate discussion and
subsequent motion.
a. Minutes: Approval of the March 18, 2008 Regular Meeting Minutes -
Approved
b. Vouchers - Approved
c. Monthly Financial Report - February 2008 - Approved
d. Resolution: Saghalie Firs Final Plat Approval- Approved - Resolution
08-523
e. Federal Way Community Center Transit Service - Approved
f. 2008 Lodging Tax Advisory Committee Budget Adjustment - Approved
g. Resolution: Multi-family Housing Limited Property Tax Exemption
Agreement - Approved - Resolution 08-522
MOTION: Deputy Mayor Faison moved to approve the consent agenda as
presented. Councilmember Park second. The motion carried 6-0.
6. CITY COUNCIL BUSINESS
a. Dr. Lee's Health Fair Presentation
City Manager Neal Beets introduced Dr. George Lee who represents the Korean
American Health Professionals Association. Dr. Lee, speaking on behalf of Dr.
Young Lee, announced a free health clinic to be held at the Federal Way Community
Center on May 3, 2008. He requested the Council approve sponsoring the event,
which is open to all uninsured citizens. He emphasized the event is open to all
citizens who qualify not just Korean-Americans.
Dr. Lee asked the City Council to sponsor the event by providing the facility rent-free
as well as some assistance in marketing the event and miscellaneous expenses not to
exceed $5,000.00.
Councilmember Duclos stated that while she feels this is a worthwhile event, she is
uncomfortable in allowing a sponsorship when there is currently no policy in place.
She also noted based on the doctors and practitioners participating, the event is
heavily Korean based; she suggested having practitioners of other ethnicities added.
Councilmember Kochmar agreed with Councilmember Duclos and expressed
concern regarding the City's liability should something happen during the event.
Dr. Lee agreed that past participants have been primarily Korean and one of the goals
of this event is to expand care to others. He stated that all practitioners have their own
insurance and this event is not a patient building event - rather it is a community care
event to help people in need of the services. In that case he believes the Good
Samaritan Law would prevail.
Federal Way City Council Regular Meeting Minutes
Aprill, 2008 - Page 3 of 5
Deputy Mayor Faison stated he is not concerned this event might appeal to a certain
ethnic group as long as it is open to all. He can support this one time use of the
facility but agrees with Councilmember Duclos that there needs to be a policy put in
place.
Mayor Dovey believes this is a good idea but agrees the City needs a policy in place
for events such as these. He also believes that if the event is approved we should get
to the word out to the public.
Councilmember Burbidge concurred and stated there is a role for the Human Services
Commission in developing the policy.
City Manager Beets stated with the event scheduled to take place on May 3rd, there
was no time to take it through the committee process or develop a policy hence it
being brought before Council for direction this evening. He also stated current policy
is the city does not provide free rental space unless it is an event sponsored by the
City.
MOTION: Deputy Mayor Faison moved to sponsor the event on May 3, 2008
including free Community Center rental space and an amount not to exceed
$5,000.00 to be used for insurance riders and advertising. He further directed the City
Manager to develop a policy for future events such as these. Councilmember Park
second. The motion passed 5-1; Councilmember Duclos dissenting.
b. Added Item - Jail Facility Options
Commander Stan McCall continued his review of jail facility options and outlined
the pros/cons for each. The options outlined are:
1. Continue contracting for jail services
2. Build our own misdemeanor jail facility
3. Partner in a sub-regional jail facility
Council consensus is to explore options 2 & 3 more closely. City Manager Beets
stated staff will have another briefing before the Council after more information is
obtained.
7. INTRODUCTION ORDINANCES
a. Cottage Housing Ordinance Amendment
Mayor Dovey recused himself from this issue. City Clerk Hathaway read the
Ordinance Title into the record:
An Ordinance of the City Council of the City of Federal Way,
Washington, Amending Ordinance No. 06-533 to increase the
maximum number of demonstration projects from two to three
(amending Ordinance No. 06-533).
Federal Way City Council Regular Meeting Minutes
April], 2008 - Page 4 of 5
Senior Planner Janet Shull briefed the Council stating that an additional
demonstration project for the cottage housing program is being proposed as it meets
the criteria set by the City Council. This amendment would increase the number of
Cottage Housing Demonstration Projects from two to three.
Deputy Mayor Faison asked if the neighbors had any concerns with an additional
project. Ms. Shull stated staff and the developer met with the neighbors and by the
end ofthe meeting the neighbors were in favor ofthe project.
MOTION: Councilmember Kochmar moved to forward the ordinance to a second
reading/enactment on the April 15 , 2008 Consent Agenda. Councilmember Burbidge
second. The motion passed 5-0 with Mayor Dovey recused.
8. CITY COUNCIL REPORTS
Councilmember Burbidge announced the next meeting of the
ParkslRecreationIHuman Services/Public Safety Meeting is scheduled for April 8,
2008. She also announced the Boys & Girls Club Annual Fund-raising Breakfast is
that morning (April 8th) at 7:30 AM at Emerald Downs. She reported on the City
Center Access Project Open House which will take place on April 9th at 4:00 PM in
the Council Chambers and there is still time to take advantage of free tax preparation
at the Multi-Service Center.
Councilmember Park reported on the NCAA Men's Swimming and Diving Event
stating it was a very successful event and it promoted Federal Way nationally. He
complimented staff and Council for their work to lobby extending Sound Transit
light rail to Federal Way. He also stated the Sound Transit Board of Directors is
discussing next steps in regards to light rail since the roads/transit package failed. He
noted he will be attending the King County Flood Control District Meeting on April
4, 2008.
Councilmember Kochmar reported the next meeting of the Land U se!fransportation
Committee is scheduled for April 7, 2008 and she thanked staff for the anniversary
event at the Community Center. She also reminded the public that the Utility Tax
Rebate Program is available through the end of April. Lastly she reported that
Congressman Smith is moving forward with the City's 2.7 million dollar
transportation funding request. Mayor Dovey and City Manager Beets will be in
Washington D.C. April 15th to reinforce the city's position for this funding.
Deputy Mayor Faison reported on the Growth Management Planning Council and
King County Executive Ron Sim's proposal to allow overlapping potential
annexation areas. He asked and received Council consensus to oppose this proposal.
Mayor Dovey thanked the Lodging Tax Advisory Committee and staff for their work
in bringing the NCAA Men's Swimming and Diving eventto F ederal Way. The next
Town Hall Meeting is scheduled for April 14, 2008 at St. Luke's Church at 7:00 PM.
9. CITY MANAGER REPORT
City Manager Beets had no report.
Federal Way City Council Regular Meeting Minutes
April], 2008 - Page 5 of 5
10. ADJOURNMENT
Mayor Dovey adjourned the meeting at 8:42 PM.
ATTEST:
Laura K. Hathaway, City Clerk
Approved by Council on:
1'S ~/
~.~':!~S~!!-..~~~~!~~~~!..~.~.:':p..~~~~.~~?~...__ ....................................._........____..............._!.!!~.~:_.L~~....21
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: COTTAGE HOUSING ORDINANCE AMENDMENT
POLICY QUESTION: Should the City Council approve an amendment to Ordinance 06-533 to allow one
additional cottage housing demonstration project?
COMMITTEE: LUTC
MEETING DATE: April I, 2008
CATEGORY:
D Consent
D City Council Business
[8J Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REpORT By: Janet Shull, AICP, Senior Planner
DEPT: Community
......._._.!?~y.~!~PE!~!!!..~~~i'?~~__...
Staff is proposing an amendment to Ordinance 06-533 (Cottage Housing Ordinance) to allow one
additional demonstration project.
Attachments: Staff report outlining the proposed ordinance amendment with following exhibits: I). Draft
amended Cottage Housing ordinance; 2). Cottage Housing Ordinance No. 06-533; and 3). Site/landscape
plan and proposed elevations for the proposed Cottages at Redondo (AKA Sawyer Cottage Housing)
demonstration project proposal.
Options Considered: 1. Approve the proposed ordinance amendment. 2. Do not approve the
proposed ordinance amendment. 3. Modify the proposed ordinance amendment and approve as
modified.
STAFF RECOMMENDATION: Staff recommends Council approve the proposed ordinance amendment.
CITY MANAGER ApPROVAL:
DIRECTOR ApPROVAL: ~ttee
~
To Council
~.../.~
' .... .
c ...
Linda Kochmar, Chair
Dini Duclos, Member
PROPOSED COUNCIL MOTION: HI move approval of the proposed amendm
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 0210612006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
r ~ IfJ8
~
CITY OF ,~.....
Federal Way
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
To:
VIA:
FROM:
March 11,2008
Land Userrransportation Committee (LUTe)
Cary Roe, Assistant City Manager ~
Greg F ewins, CDS Director
Janet Shull, AICP, Senior Planner
SUBJECT: Cottage Housing Ordinance Amendment
MEETING DATE: March 17,2008
POLICY QUESTION
Should City Council amend Ordinance 06-533 (Cottage Housing Ordinance) to increase the number of
cottage housing demonstration projects from two to three?
BACKGROUND
On February 15,2005, the Land Use & Transportation Committee (LUTe) placed consideration of cottage
housing on the Planning Commission's 2005 work program. The Planning Commission conducted a Public
Hearing on June 21, 2006 and following the public hearing submitted to the City Council LUTC its
recommendation that the City Council adopt the proposed Cottage Housing ordinance as recommended by
staff. On July 17,2006 the LUTC considered the recommendation of the Planning Commission and
requested the draft ordinance be modified to regulate cottage housing as demonstration projects. On August
7, 2006, the LUTC moved to forward the cottage housing ordinance to full City Council without a
recommendation. On September 5,2006 the City Council considered the proposed Cottage Housing
Ordinance and reduced the staff-recommended number of demonstration projects from four to two. On
September 19, 2006, the City Council approved cottage housing per Ordinance 06-533 which outlined the
development standards and demonstration project selection process and criteria (Exhibit 2).
Following adoption of Ordinance 06~533, a procedure for submitting cottage housing demonstration project
proposals and selecting eligible projects were established. Three cottage housing demonstration project
proposals were submitted prior to the established deadline. The three proposals were evaluated against the
cottage housing selection criteria established by Ordinance 06-533. Neighborhood meetings were
conducted on each proposal and each was evaluated by a Cottage Housing Selection Committee. The
committee membership was comprised of city staff and members of the development community.
Following staff, neighborhood and selection committee evaluation, all three proposals were found to have
merit. One proposal, "Sawyer Cottage Housing", was found to meet all criteria for selection with the
exception of: providing for a high level of quality development in the areas of architectural design and
building materials. Staff and members of the selection committee, felt that the proposed site and site plan
for the Sawyer Cottage Housing project were quite successful in meeting the objectives of cottage housing
development, and that if the housing design could be improved the proposal would make an excellent
demonstration project.
Ultimately, the other two cottage housing proposals were selected by the Director to proceed to formal
development application as cottage housing demonstration projects. Based on the input from Selection
Committee members, the Director advised the applicant for the Sawyer Cottage Housing proposal, that if
they were willing to work on revisions to cottage housing design to demonstrate that they could achieve the
criteria for high level of quality in architectural design and building materials, staff would be willing to
bring their proposal to the City Council to request that City Council consider allowing a third demonstration
project.
The applicant was advised, that their project could only proceed as a demonstration project via an
amendment to Ordinance 06-533, and that such action could not be guaranteed. However, the applicant for
the Sawyer Cottage Housing proposal did elect to revise the cottage housing architectural design with the
assistance ofa different architect and submitted revisions on January 5,2008 (Exhibit 3). Staff reviewed
the revised cottage housing proposal (now referred to as "Cottages at Redondo") and determined that the
revisions did improve the architectural design significantly. The resubmitted proposal now meets all of the
established cottage housing selection criteria.
Therefore, staff is asking the City Council to consider amending Ordinance 06-533 to allow this one
additional project to proceed as a demonstration project for a total of three demonstration projects. No other
changes to the Cottage Housing ordinance are being requested.
SUMMARY OF PROPOSED ORDINANCE AMENDMENT
The staff-requested amendments to Ordinance 06-533 are shown as strikeout (proposed deletions) and
bold-underline (proposed additions) (See Exhibit I for proposed Ordinance).
Section 3. Demonstration Proiects.
The City Council has determined that it is in the public's
interest to allow only a limited number of cottage housing developments as demonstration projects.
The city shall limit the number of cottage housing demonstration projects to a maximum of two
three. Demonstration projects will be selected, at the Director of Community Development's
discretion, using the selection guidelines detailed below in section 4. After the seooad third
demonstration project has been approved and at least 50 percent of the dwelling units constructed
and approved for occupancy by the city building division, the code amendments adopted in Section 5
below may remain in place with no demonstration project requirement. If, however, Council
determines, based on evaluation of the demonstration projects, that the code amendments are not in
the public's best interest, Council may amend or repeal the cottage housing code provisions.
Section 4. Selection Criteria.
The City shall use a competitive selection process to determine which
cottage housing developments shall move forward through the permitting process. The City may approve
up to two three cottage housing developments pursuant to this ordinance. Applications for cottage
Doc. 1.0.
2
housing developments shall be submitted and docketed on a schedule determined by the Director of
Community Development. Applicants shall hold a community meeting to gather input and suggestions
from the neighborhood. Mailed notice shall be provided to property owners within 300 feet of the subject
property. City staff shall attend the meeting. Applicants shall then have an opportunity to consider
comments received and, if appropriate, modify their proposal in response to neighborhood concerns. The
Director of Community Development shall have the discretion to determine which applications, if any,
will be selected to be submitted as formal applications based on the code, input from the community
meeting and the following criteria:
(a) Consistency with the purpose of the article as specified in the purpose section of the code.
(b) Demonstration that the project has been designed with sensitivity to adjacent properties and
that impacts with regard to parking, building height, building bulk, lot coverage, setbacks, screening,
open space and aesthetics associated with the proposed project are substantially equivalent to
impacts expected to be associated with development of conventional housing on the subject
property.
(c)
Demonstration that the project will result in a highly attractive environment, which
incorporates a high level of quality throughout the development, including but not limited to the
following areas:
1. Architectural design
2. Building materials
3. Open space
4. Parking
The Director may limit the project's density to less than twice the number of conventional single-family
dwelling units that would otherwise be permitted, but not less than 1.75 the number of conventional
single-family dwelling units, if necessary to ensure compatibility with surrounding development. The
Director may select, select with modifications or deny an application. The decision by the Director of
Community Development selecting cottage housing developments to advance to the formal submittal
phase shall be in writing and shall be the final decision of the city.
STAFF ANALYSIS AND FINDINGS
Doc. 1.0.
3
1. The increase in number of demonstration projects from two to three as proposed by the
amendments and will not change the overall goals, development standards or selection criteria for
cottage housing development.
OPTIONS
1. "Recommend that the full Council adopt an ordinance approving the proposed amendments to
Ordinance 06-533 as recommended by staff."
2. "Recommend that the full Council adopt an ordinance approving the amendments to Ordinance 06-
533, with modification, as determined by the LUTe."
3. "Recommend that the full Council disapprove the proposed amendments."
Staff Recommendation
Option I: "Recommned that City Council adopt an Ordinance amending Ordinance 06-533 as
recommended by staff and attached as Exhibit' I' .
LIST OF EXHIBITS
Exhibit I
Exhibit 2
Exhibit 3
Proposed Ordinance amending Ordinance 06-533
Cottage Housing Ordinance 06-533
Cottages at Redondo (AKA Sawyer Cottage Housing) proposed site plan and cottage
elevations.
Doc. 1.0.
4
Exhibit 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, W ASIDNGTON, AMENDING ORDINANCE NO. 06-
533 TO INCREASE THE MAXIMUM NUMBER OF
DEMONSTRATION PROJECTS FROM TWO TO THREE.
(AMENDING ORDINANCE No. 06-533)
WHEREAS, the Federal Way City Council enacted Ordinance No. 06-533 on September 19, 2006,
establishing amendments to Federal Way City Code (FWCC) text to allow cottage housing developments,
including Compact Single Family dwelling units, in the RS 7.2, RS 5.0 and RM zoning classifications;
and
WHEREAS, Ordinance 06-533 specifies that cottage housing shall be regulated as demonstration
projects; and
WHEREAS, Ordinance 06-533 specifies that a maximum of two demonstration projects shall be
permitted; and
WHEREAS, three proposals were submitted for cottage housing demonstration projects; and
WHEREAS, all three demonstration project proposals were found to meet the criteria established
for cottage housing demonstration projects; and
WHEREAS, the City Council considered a proposed amendment to Ordinance 06.-533 at its April
I, 2008 meeting to allow one additional cottage housing demonstration project to be selected for a total of
three demonstration projects; and
WHEREAS, after full and careful consideration, the City Council of the City of Federal Way finds
that the proposed amendments are consistent with the Findings and Conclusions set forth in Ordinance
06-533 and will not adversely affect the public health, safety, or welfare;
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS:
Section I. Section 3 of Ordinance No. 06-533 shall be amended to read as follows:
Demonstration Proiects. The City Council has determined that it is in the public's
interest to allow only a limited number of cottage housing developments as demonstration
projects. The city shall limit the number of cottage housing demonstration projects to a
maximum of twirthree. Demonstration projects will be selected, at the Director of
Community Development's discretion, using the selection guidelines detailed below in
section 4. After the seeood third demonstration project has been approved and at least 50
percent of the dwelling units constructed and approved for occupancy by the city building
division, the code amendments adopted in Section 5 below may remain in place with no
demonstration project requirement. If, however, Council determines, based on evaluation of
the demonstration projects, that the code amendments are not in the public's best interest,
Council may amend or repeal the cottage housing code provisions.
Section 2. Section 4 of Ordinance 06-533 shall be amended to read as follows:
Selection Criteria. The City shall use a competitive selection process to determine which
cottage housing developments shall move forward through the permitting process. The City may
approve up to twe three cottage housing developments pursuant to this ordinance. Applications
for cottage housing developments shall be submitted and docketed on a schedule determined by
the Director of Community Development. Applicants shall hold a community meeting to gather
input and suggestions from the neighborhood. Mailed notice shall be provided to property
owners within 300 feet of the subject property. City staff shall attend the meeting. Applicants
shall then have an opportunity to consider comments received and, if appropriate, modify their
proposal in response to neighborhood concerns. The Director of Community Development shall
have the discretion to determine which applications, if any, will be selected to be submitted as
formal applications based on the code, input from the community meeting and the following
criteria:
(a) Consistency with the purpose of the article as specified in the purpose section of the
code.
(b) Demonstration that the project has been designed with sensitivity to adjacent
properties and that impacts with regard to parking, building height, building bulk, lot
coverage, setbacks, screening, open space and aesthetics associated with the
proposed project are substantially equivalent to impacts expected to be associated
with development of conventional housing on the subject property.
(c) Demonstration that the project will result in a highly attractive environment, which
incorporates a high level of quality throughout the development, including but not
limited to the following areas:
I. Architectural design
2. Building materials
3. Open space
4. Parking
The Director may limit the project's density to less than twice the number of conventional single-
family dwelling units that would otherwise be permitted, but not less than 1.75 the number of
conventional single-family dwelling units, if necessary to ensure compatibility with surrounding
development. The Director may select, select with modifications or deny an application. The
decision by the Director of Community Development selecting cottage housing developments to
advance to the formal submittal phase shall be in writing and shall be the final decision of the
city.
Section 3. Severability. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to other persons or circumstances.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references hereto.
Section 5. Ratification. Any act consistent with the authority 'and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from and
after its passage, approval, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
, 2008.
day of
CITY OF FEDERAL WAY
Mayor, Jack Dovey
ATTEST:
City Clerk, Laura Hathaway, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERIC
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO:
Exhibit 2
ORDINANCE NO. 06-533
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASIDNGTON, ESTABLISHING A SELECTION
PROCESS ,FOR COTTAGE HOUSING DEMONSTRATION
PROJECTS, EST ABLISHI~G A MAXIMUM 'OF TWO
DEMONSTRATION PROJECTS AND ESTABLISHING. ZONING
REGULATIONS CONSISTING OF A NEW ARTICLE OF THE
ZONING CODE, TITLED "COTTAGE AND COMPACT SINGLE
FAMILY HOUSING" AND AMENDING FEDERAL WAY CITY CODE
(FWCC) ARTICLE I, SECTION 22-1 TO ADD A DEFINITION OF
'COTTAGE HOUSING DEVELOPMENT', AND ARTICLE XI,
SECTION 22-631 AND 22-666 TO ALLOW COTTAGE HOUSING IN
THE .RS 7.2, RS 5.0 AND RM ZONING CLASSIFICATIONS
(AMENDING ORDINANCE Nos. 90-43, 90-51, 91-87, 91-92, 91-100,
91-105, 91-H3, 93-170, 94-223,95-245, 96-269, 96-270, 97-295, 97-
296,97-300,97-307,99-337,99-348,99-353,99-357, 00-363, 01-385,
02-424,03-443,04-457,04-468)
WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the
"Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the
Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map
on December 23, 1998, September 14, 2000, November 1,2001, March 27, 2003, and July 20,2004; and
WHEREAS, the city's comprehensive plan calls for development of innovative and flexible land
use regulations to allow intill development and diverse housing types and specifically calls for
consideration of cottage housing; and
WHEREAS, the Growth Management Act and the King County Countywide
Planning Policies encourage provision of a wide range of housing types to meet the needs of the full range
of households size and income levels within the region; and
WHEREAS, amendments to the Federal Way City Code (FWCC) text are authorized pursuant to
FWCC Section 22-216 pursuant to Process VI review; and
WHEREAS, the City of Federal Way City Council has considered the proposed amendments to the
FWCC, to allow cottage housing developments, including Compact Single Family dwelling units, in the
RS 7.2, RS 5.0 and RM zoning classifications, attached hereto as Exhibit I and incorporated by this
reference, ("Proposal"); and
WHEREAS, the Federal Way City Council, pursuant to FWCC Section 22-517, having determined
the Proposal to be worthy oflegislative consideration, referred the Proposal to the Federal Way Planning
Commission for its review and recommendation; and
WHEREAS, an environmental Determination of Nonsignificance (DNS) was issued for the
proposal on May 13,2006 and no comments or appeals were received and the DNS was finalized on June
It", 2006; and
WHEREAS, the proposal was sent to state agencies for review as required by the Growth
Management Act on May 16,2006 and the state agency review period expired on July 14, 2006; and
WHEREAS, the Federal Way Planning Commission having considered the Proposal at a study
session meeting on September 21, 2005 and a public hearing on June 21, 2006, pursuant to FWCC
Section 22-534, and all public notice having been given pursuant to FWCC Section 22-521; and
WHEREAS, following the public hearing, Planning Commission submitted to the City Council
Land Useffransportation committee its recommendation that the City Council adopt the Proposal as
recommended by staff; and
WHEREAS, the City Council Land Useffransportation Committee, on July 17, 2006 considered
the recommendation of the Planning Commission and requested the draft ordinance be modified to
regulate cottage housing as demonstration projects; and
WHEREAS, the City Council Land Uselfransportation Committee, on August 7, 2006 moved the
proposal forward to the full City Council without a recommendation; and
WHEREAS, the City Council considered the proposed ordinance and code amendments at its
September 5, 2006 meeting and reduced the number of demonstration projects from four to two;
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. The City council of the City of Federal Way makes the following findings
with respect to the Proposal:
A. The best interests and general welfare of the City of Federal Way would be served by
amending the zoning code to allow demonstration cottage housing developments in specified zoning
classifications because:
1. Cottage and Compact Single Family housing provide more-affordable single-
family ownership opportunities for small families than housing options currently available within the city;
and
2. Cottage and Compact Single Family housing provide a type of housing that is
desirable to a growing demographic of small families, but which is currently unavailable within the city;
and
3. Cottage housing developments provide high-quality functional open space in
residential areas; and
4. Cottage housing developments encourage neighborhood interaction and safety
through design; and
5. Cottage housing development standards are designed to ensure compatibility
with neighboring single-family land uses and developments; and
6. Cottage housing developments further the goals of the Growth Management Act
by meeting urban density objectives and providing opportunities for infill development.
B. Demand for cottage housing has been high in recently built projects in north and east
King County. Property owners in Federal Way and builders in the community have contacted staff and
expressed an interest in cottage housing developments over the past year.
C. Adoption of the zoning amendments will help implement the goals and policies of the
housing chapter of the comprehensive plan by allowing opportunities for innovative infilJ housing
projects, while ensuring that new housing types implement measures to achieve compatibility with
surrounding development.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the
findings set forth in Section I, the Federal Way City Council makes the following conclusions of law
with respect to the decisional criteria necessary for adoption of the proposal:
L The proposed amendments are consistent with, and substantially implement, the
following comprehensive plan goals and policies:
HGI Preserve and protect the quality of existing residential neighborhoods and
require new development to be of a scale and design that is compatible with existing
neighborhood character
HPI High-density housing projects. with the exception of senior housing. will not
be permitted in existing single-family neighborhoods. More moderate densities such
as cottage housing will be considered.
HG2 Involve the community in the development of new housing to a degree that is
consistent with the scale of impact on surrounding neighborhoods.
HG3 Develop a Comprehensive Plan and zoning code that provide flexibility to
produce innovative housing solutions, do not burden the cost of housing
development and maintenance and diversify the range of housing types available in
the City.
HP13 Continue to use design guidelines to ensure that new infill developments
have aesthetic appeal and blend into surrounding development.
HP15 Review zoning, subdivision and development regulations to ensure that they
further housing policies and don't create unintended barriers. This is of particular
importance for small lot and cottage housing developments. In order to facilitate
small lot and cottage housing developments, it is particularly important to revise, as
necessary, the subdivision and development regulations that govern their
development.
HP16 As appropriate, reduce minimum lot sizes to allow construction of smaller,
detached single-family houses on smaller lots.
HP17 Increase capacity and encourage greater diversity of housing types and
costs for both infi// and new development through various methods, such as
inclusionary zoning, density bonuses, transfer of development rights. cluster
housing. cottage housing, garden housing, duplexes and low to moderate density
housing types.
HP19 Increase the amount of undeveloped open spaces in both infill and new
development parcels. by expanding the use of cluster development and allowing
housing techniques such as lot averaging and zero lot line standards.
HP20 Establish administrative procedures to permit innovative housing designs
and techniques. provided they are of high standard and consistent with the FWCP.
HP21 Continue to provide incentives such as density bonuses for multi-family
housing, and expand the types of incentives offered to encourage new developments
to include affordable housing.
HP22 Periodically review and update development regulations to incorporate
opportunities for new housing types.
HP27 Ensure that any new affordable housing required by the City remains
affordable through some tool approved by the City, such as recording a lien on the
property. In the case of homeownership projects, the lien can be structured as a
deferred second mortgage to the homebuyer, due upon sale if the subsequent buyer
does not meet the income eligibility standards.
2. The proposed text amendment bears a substantial relationship to the public health,
safety or welfare because it allows a type of housing that is currently lacking in the south
King County marketplace. The amendment would result in an increase in housing supply
and 4iversity, which would benefit public welfare. The amendment would result in safe and
com:munity oriented project designs, which would benefit public health and safety.
3. The proposed text amendment is in the best interest ofthe residents of the city
because it facilitates increased housing choice and opportunities, while implementing
measures necessary to ensure compatibility with surrounding development. The
amendments would result in creation of high -quality functional open space in residential
aTea~. The amendment would result in safe, attractive community-oriented projects that
allow more efficient delivery of public services. The proposed amendment provides
opp<irtunities for property owners to develop infill type lots.
Section 3. Demonstration Proiects.
The City Council has detennined that it is in the public's
interest to allow only a limited number of cottage housing developments as demonstration projects.
The city shall limit the number of cottage housing demonstration projects to a maximum of two.
Demonstration projects will be selected, at the Director of Community Development's discretion,
using the selection guidelines detailed below in section 4. After the second demonstration project
!
has been app~oved and at least 50 percent of the dwelling units constructed and approved for
occupancy by, the city building division, the code amendments adopted in Section 5 below may
remain in place with no ,demonstration project requirement. If, however, Council determines, based
on evaluation 'of the demonstration projects, that the code amendments are not in the public's best
interest, Council may amend or repeal the cottage housing code provisions.
Section 4. Selection Criteria. The City shall use a competitive selection process to determine which
cottage housing developments shall move forward through the permitting process. The City may approve
up to two cottage housing developments pursuant to this ordinance. Applications for cottage housing
developments shall be submitted and docketed on a schedule determined by the Director of Community
Development. Applicants shall hold a community meeting to gather input and suggestions from the
. neighborhood. Mailed notice shall be provided to property owners within 300 feet of the subject
property. City staff shall attend the meeting. Applicants shall then have an opportunity to consider
comments received and, if appropriate, modify their proposal in response to neighborhood concerns. The
Director of Community Development shall have the discretion to determine which applications, if any,
will be selected to be submitted as formal applications based on the code, input from the community
meeting and the following criteria:
(a) Consistency with the purpose of the article as specified in the purpose section of the
code.
(b) Demonstration that the project has been designed with sensitivity to adjacent properties
and that impacts with regard to parking, building height, building bulk, lot coverage,
setbacks, screening, open space and aesthetics associated with the proposed project are
substailtially equivalent to impacts expected to be associated with development of
conventional housing on the subject property.
(c) Demonstration that the project will result in a highly attractive environment; which
incorporates a high level of quality throughout the development, including but n~t
llmited to the following areas:
L Architectural design
'2. Building materials
3. Open space
4. Parking
The Director may limit the project's density to less than twice the number of conventional single-family
dwelling units that would otherwise be permitted, but not less than 1.75 the number of conventional
single-fa~ily dwelling units, if necessary to ensure compatibility with surrounding development. The
Director may select. select with modifications or deny an application. The decision by the Director of
Community Development selecting cottage housing developments to advance to the formal submittal
phase shall be in writing and shall be the final decision of the city.
SeCtion 5. Amendment. The City Council hereby amends FWCC Chapter 22 as set forth in the
attached Exhibit A.
Section 6. Severability. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause. sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity Of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to other persons or circumstances.
Section 7. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Se~tion 8. Effective Date. This ordinance shall take effect and be in force five (5) days from and
after its pas~age. approval, and publication. as provided by law.
i
PASSED by
~.NPd
the City Council of the City of Federal Way this
,2006.
/CjfL--
day of
CITY OF FEDERAL WAY
~~J{
. yor, Michae
C
APPROVED A$ TO FORM:
, .
-F~l~~
City Attorney, Patricia A. Richardson
\,
FILED WITH THE CITY CLERK: 8/31/06
PASSED BY THE CITY COUNCIL: 9/19/06
PuBLISHED: 9f13I06
EFFECfIVE DATE: 9/1.8/06
ORDINANCE No: 06-533
~ ::
Article XII.
COTTAGE AND COMPACT SINGLE FAMILY HOUSING
Sections:
22-xxxx
22-xxxx
22-xxxx
22-xxxx
Purpose
Applicabili ty
Development Standards
Modifications
22-xxxx Purpose.
The purpose of this Article is to: (1) provide housing types that are responsive to changing
household demographics (e.g., retirees, small families, single parent households, single person
households, dual-owner households); (2) provide opportunities for more-affordable housing within single-
family neighborhoods; (3) encourage creation of functional usable open space in residential communities;
(4) promote neighborhood interaction and safety through design; (5) ensure compatibility with
neighboring uses; and (6) provide opportunities for infill development consistent with goals of the
Growth Management Act.
22-xxn: Applicability.
Other articles of this chapter shall be applicable to Cottage and Compact Single.Family (CSF)
Housing Developments, which collectively, are referred to as Cottage Housing Developments (CHDs).
Where a conflict arises the provisions of this article shall control. CHDs are permitted in the RS 5.0 and
7.2 zones and all RM zones.
22-xxxx Development Standards.
CHDs shall be subject to the following development standards.
(a) Cottage Housing Development Size.
(I) CHDs are not permitted on sites less than .75 acres in size (a site may be composed of
more than one contiguous lot).
(2) CHDs shall contain clusters consisting of a minimum of 4 dwelling units and a maximum
of 16 units. In RS 5.0 and 7.2 zones, no more than 12 dwelling units are permitted in a
CHD, unless additional dwelling units are permitted subject to subsection (m) below. A
CHD may be integrated into a larger conventional subdivision. Maximum number of
dwelling units is not limited in the RM zoning classifications.
(b) Locational Criteria.
(1) A CHD in an RS zone shall be separated from another CHD by a minimum o~ 660 feet
measured between the closest points of the subject properties.
(e) Calculation of Cottage and Compact Single Family Units .
(I) The following steps shall be utilized to determine the number of cottage and CSF units
permitted on a given site:
(a) In the RS zones the applicant shall submit a proforma site plan showing the number
of conventional dwelling units that would be permitted by the underlying zoning
classification.
(b) The number calculated in subsection (c)(l)(a) above shall be multiplied by two.
Fractional numbers of .5 or greater shall be rounded up. Fractional numbers less
than .5 shall be rounded down. The resulting number is the number of Dwelling
units permitted on the site, subject to the maximum identified in subsection (a)(2)
above.
EXHIBIT A C'n> Oi?-O(~F1
PAGE I OF f
EXHIBIT .3
.
PAGE 1 OF iL
(c) In the RM zones one dwelling unit is permitted for each 2,500 square feet oflot area
based on gross lot size.
(d) CSF units shall not exceed 35% of total dwelling units regardless of the zone.
Fractional numbers of .5 or greater shall be rounded up. Fractional numbers less
than .5 shall be rounded down.
(d) Cottage and Compact Single Family Unit Size.
(I) Cottage floor area shall be between 800 and I, 100 square feet.
(2) CSF unit floor area shall be between I, 100 and 1,300 square feet.
(3) Floor area is the area within the surrounding exterior walls, but excluding space where
the floor to ceiling height is less than six feet. Floor area does not include covered
porches. The Director of Community Development shall use appropriate discretion,
consistent with the intent of this Article in determining area to be counted in the
calculation of maximum square footage.
(e) Common Open Space.
(1) A minimum of 500 square feet of common open space shall be provided per dwelling
unit.
(2) Common open space within a CHD shall be a minimum of 3,000 square feet in size,
regardless of number of dwelling units.
(3) No dimension of a common open space area used to satisfY the minimum square footage
. requirement shall be less than 10-feet, unless part of a pathway or traiL
(4) In subdivisions and short subdivisions, common open space shall be located in a separate
tract or tracts.
(5) Required common open space shall be divided into no more than two separate areas per
cluster of dwelling units.
(6) Common open space shall be improved for passive or active recreational use. Examples
may include, but are not limited to courtyards, orchards, landscaped picnic areas or
gardens. Common open space shall include amenities such as seating, landscaping, trails,
gazebos, barbeque facilities, covered shelters or water features. Surface water
management facilities shall not be located in a common open space area.
(/) Private open space.
Each dwelling unit shall provide a minimum of 400 square feet of private front yard space.
(1) Examples include lawn area, courtyards and patios.
(2) No dimension of a private open space area used to satisfY the minimum square footage
requirement shall be less than 9-feet.
(g) Site Design.
(1) A minimum of 75 percent of dwelling units shall abut the common open space.
(2) Common open spaces shall have dwelling units abutting at least two sides.
(3) Lots in CHDs are not required to abut a public street right-of-way.
(4) Siting of dwelling units or common open space in areas with slopes exceeding 15 percent
is not encouraged. Dwelling units shall not be placed in such areas if extensive use of
retaining walls is necessary to create building pads, or open space areas.
(h) Design Standards.
(1) Dwelling Units shall have a minimum 6: 12 roof pitch. Up to 35 percent of roof area may
have a slope not less than 4: 12. Portions of a roof with a pitch less than 6: 12 shall be
limited to architectural features such as dormers, porch roofs and shed roofs.
(2) Each dwelling unit abutting a public right-of-way (not including alleys) shall have a
primary entry and covered porch a minimum of 80 square feet in size, oriented towards
the public right-of-way. If abutting more than one public right-of-way, the applicant,
with city input, shall determine which right-of-way the entrance and covered porch shall
be oriented towards.
EXHIBIT .A. (TO ~IJ/ttolCJZ)
PAGE Z- OF ~
EXHIBIT 3
PAGE iO OF 1&
2
(3) Each dwelling unit shall have an entry and covered porch oriented towards the common
open space. If subject to (h)(2) above, this may be a secondary entrance with covered
porch, a minimum of 50 square feet in size. If not subject to (h)(2) above this shall be a
primary entrance with covered porch, a minimum of 80 square feet in size.
(4) Covered porches shall be a minimum of 6 feet deep.
(5) Dwelling units shall not have the appearance of "tall-skinny houses". As a guideline,
dwelling units should not appear to exceed a ratio of one to one (ridge height to width) as
viewed from off-site.
(6) Dwelling units shall not include attached garages unless the garage abuts an alley or
shared parking lot The first 200 square feet of attached garage space shall not be
counted towards maximum dwelling unit size allowance.
(7) Detached garages and carports associated with individual dwelling units shall not exceed
500 square feet in size (detached garages or carports shall not count towards maximum
cottage or CSF unit size allowance).
(i) Parking.
(1) A minimum of 1.8 parking spaces per cottage and 2 parking spaces per CSF unit shall be
provided for the entire development. Fifteen percent oftotal required spaces shall be
designated for guests.
(2) All or a portion of new on-street parking provided as a component of the development
may be counted towards minimum parking requirements if the Director of Community
Development finds that such parking configuration will result in adequate parking for the
CHD.
(3) Garages and carports shall have a minimum 6: 12 roof pitch.
(4) No more than SO percent of covered parking spaces may be carports.
(5) Garage doors shall not be oriented towards a public right-of-way with the exception ofan
alley.
(6) No s~ared garage or carport may exceed 800 square feet in size.
(7) Garages and carports shall not be located between the common open space and the
dwelling units.
(8) Surface parking lots shall be broken into sub lots of no more than 8 parking spaces. Sub
lots shall be separated by landscaped bulb-outs a minimum of l2-feet in width.
(9) Parking in the form of garages, carports or surface lots may occupy no more than 40
percent of site frontage on a public right-of-way, except in the case of an alley, in which
case no restriction applies. On-street parking is permitted along the entire frontage.
(lO)Surface parking lots shall be setback IS-feet from front property lines and lO-feet from
external side and rear property lines.
(11)Surface parking lots of more than 2 spaces, visible from a public right-of-way (not
including alleys) or adjacent single-family uses or zones shall be screened by landscaping
and/or architectural features pursuant to FWCC 22-1567(e).
(j) Height. Dwelling units shall not exceed 18 feet in height, as defined in FWCC 22-1, "height
of structure" and in no case shall the ridge of the roof exceed 24 feet from average building
elevation.
(le) Setbacks and Building Separation. Dwelling units shall have IS-foot front and 5-foot side
and rear yard setback requirements. Dwelling units shall be separated by a minimum of 10-
feet, not including projections, as identified in FWCC 22-1133(4). Dwelling units and
accessory buildings shall be separated by six feet. Dwelling units not abutting or oriented
towards a right-of-way shall have a front yard oriented towards the common open space. The
Director of Community Development may use appropriate discretion, consistent with the
intent of this Article, in determining orientation of yards in CHDs.
EXHIBIT
PAGE :>
A(n
OF r
C~j)ltoI/>oN(ft)
EXHIBIT 3
PAGE II OF
3
I"
(I) Lot Coverage. Lot coverage in CHDs shall not exceed 60 percent of gross site area. Lot
coverage shall be calculated for the overall CHD, not for individual lots. Paved components
of common open space areas and walkways shall not be counted in lot coverage calculations.
(m) Affordable Housing Bonus in RS Zoning Classifications. In. the RS zones, CHDs that include
affordable units may exceed the base level of 12 dwelling units up to a total of 16 dwelling
units (assuming adequate overall lot size). One half of all dwelling units over the base level
of 12 must be affordable (for example, a total of four additional dwelling units may be
permitted if two of these are affordable).
(1) Affordable cottages shall be sold at a price which is affordable for a 2-person household
with an annual income equal to or less than 80 percent of median income. Affordable
CSF units shall be sold at a price which is affordable to a 3-person household with an
annual income equal to or less than 80 percent of median income. The Director of
Community Development shall prepare administrative guidelines for calculation of sale
price and determination of income eligibility.
(2) Affordable dwelling units shall have the same appearance and utilize the same exterior
materials as market rate dwelling units and shall be dispersed throughout the COO.
(3) A deed, covenant or title restriction shall be recorded on the deed/title of affordable
dwelling units. The restriction shall effectively maintain the units as affordable for a
period of not less than 15 years from initial occupancy. The restriction shall be in a form
acceptable to the Director of Community Development
(n) Common Area Maintenance. CHDs shall be required to implement a mechanism, acceptable
to the Director of Community Development, to ensure the continued care and maintenance of
CHD common areas. A typical example would be creation of a home owner's association or
condominium association with authority and funding necessary to maintain the common
areas.
(0) General Provisions.
(I) CHDs in the RS zones are permitted as subdivisions, short subdivisions or condominium
developments. CHDs in the RM zones are permitted as subdivisions, short subdivisions,
condominium developments or multi-family developments.
(2) A community building, not exceeding 2,000 square feet, may be provided for the
residents of the CHD. Roof pitch, architecture, materials and colors shall be similar to
that of the dwelling units within the CHD.
(3) An existing single-family home incorporated into a CHD, that does not meet the
requirements of this article is permitt~d to remain on a site developed for cottage and
CSF housing. Modifications or additions to the structure not consistent with the
provisions of this Article shall not be permitted.
(4) Accessory Dwelling Units are not permitted in CHDs.
(5) CHDs may not utilize the cluster subdivision provisions ofFWCC Chapter 20.
(6) For those CHDs processed as formal or short subdivisions, all development standards of
this article shall be reviewed by the Director of Community Development as a component
of the preliminary plat or short plat review process. For all other CHDs the development
standards of this article shall be reviewed as a component of process III or IV review (see
use zone charts for required review process). In. either case this shall include review of
conceptual building elevations.
22-xxxx Modifications.
Applicants may request modifications to the open space, site design, design standards, setbacks
and parking provisions of this article. The Director of Community Development may modify the above
referenced provisions of this article if all of the following apply:
(a) The site is constrained due to unusual shape, topography, easements or critical areas.
(b) The modification is consistent with the purpose of the article as stated in FWCC 22-xxxx.
EXHIBIT A(flJ tY,2i>iNAt-ItG-)
PAGE l{ OF i
EXHIBIT ~
PAGE /2- OF I'"
4
(c) The modification will not result in a project that is less compatible with neighboring land
uses.
EXHIBIT ACre CfZL"hJ~)
PAGE 5 OF ~
EXHIBIT 3
PAGE i~ OF If,
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Amend FWCC 22-1 to add the foUowing definition:
Cottage Housing Development (CHDJ means residential development consisting of clusters of
between 4 and 16 detached dwelling units. that include cottages and may include Compact Single
Family units and meet the following criteria:
(1) Dwelling units are limited to a maximum square footage; and
(2) Dwelling units are grouped around a common open space; and
(3) Developments meet a set of design criteria not applicable to typical simde-family
developments as stipulated in Article XII of this Chapter. .
File #Q$-I0494SI 000.1D. 36417
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COUNCIL MEETING DATE: April 15, 2008
ITEM #: SL
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: THE LE HOUSE DEMO PROJECT
POLICY QUESTION: Should the City Council award the contract to demolish the Le house to Hoffman
Construction Inc?
COMMITTEE: Land UsefTransportation Committee (LUTC)
MEETING DATE: April 7,2008
CATEGORY:
C8J Consent
D City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
.~!~~.'!.~~<?~!.~.Y:..Q~c;:g.y~.~~t;.!._<=,()~t;f<:)I1'lpl.i~~~.c:.gftI~c:~
DEPT: Community Development
Attachments: I) Determination of finding of facts and order of the City of Federal Way Improvement Officer.
2) Public Works Contract "Le Project"
3) Staff Report
Options Considered: 1) Accept as Presented; 2) Modify and Accept; or 3) Decline to Accept
STAFF RECOMMENDATION: Staff recommends Option #1) Accept as Presented
DIRECTOR ApPROVAL: ~
Comnullee
~
Council
CITY MANAGER ApPROVAL:
COMMITTEE RECOMMENDATION: I move that the Land UsefTransportation Committee forward to the City
Council and place on the April 15, 2008, Consent Agenda, a recommendation to accept as presented and award
the Le contract to Hoffman Construction Inc.
~~c~~
/l~
Dini Duclos
PROPOSED COUNCIL MOTION: "I move for t acqeptance of th..e contract for the Le Demolition to Hoffman
Construction. Inc. If7 'ft/lu tV/},10~J1.:j- Of :It fjIf) 0#.82....,
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERREDfNO ACTION
o MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
I:ICCOIcase filelLE DEMOlAgenda Bill for l.e Project.doc
.-~ federal Way
rc@f?>)f
DETERMINATION FINDINGS OF FACT, AND ORDER OF THE
CITY OF FEDERAL WAY IMPROVEMENT OFFICER
Date:
February 13, 2008
To:
Van Thi Thu Le
7101 Martin Luther King Way South
# 116-110
Seattle, W A 98118
32821 42nd AVE SW
Parcel # 873203-0210
RE:
File No.:
04-103376-VO
I. SUMMARY OF HEARING
On February, 13th 2008, at 10:00 a.m., the City of Federal Way Improvement Officer held a
hearing to determine if the above building meets the definition of an Unfit Building under
Federal Way City Code (FWCC) 1-30. and if so, whether the building should be repaired,
vacated, or demolished under FWCC 1-31.
II. FINDINGS OF FACT
Based on the cities Building Official and Code Enforcements Officers investigation of this
matter, and information provided at this hearing the Improvement Officer Finds the Following
Facts:
I) On August II, 2004, the above residence had a major fire that started in the garage and
spread into the ground floor living space. Several windows and doors were removed due
to the fire or to fire suppression. The fire burned though the roof of the house, destroying
several of the roof members causing the roof to partially collapse. The utilities have been
disconnected from the building. This residence has been left open to the elements.
2) The City issued a Complaint of Unfit Building on January 16th, 2008 for an unsafe and
uninhabitable structure located at 32821 42nd Ave SW, parcel #873203-0210. Included in
the complaint were violations FWCC 1-30 sections (c), (d), (e), (t), (h), and (i).
3) The City through its Code Enforcement Officer and according to FWCCI-33 posted the
property, sent notice by certified mail to the last know address of the owner, filed notice
at the King County Recorders office, and hired Washington Legal Messenger to
personally serve the owner.
4) The complaint called for a hearing to be held on February 13th 2008 at 10:00 a.m. in the
Federal Way City Council Chambers before the Improvement Officer. The hearing was
set not less than ten days and not more than thirty from time of service as required under
FWCC 1-34.
5) R. Lee Bailey, Federal Way Building Official, has years of experience and training in
assessing the dangers and structural integrity of dangerous buildings. Mr. Bailey testified
that repairs for the building would cost more than half the assessed value of the property
and that the building was dangerous as both an attractive nuisance and potential for
collapse. He testified that the roof on the garage in particular was in danger of collapse
and that the home had several openings caused by both the fire and fire suppression
efforts that would make it easy for persons to enter the building and be injured. Based
upon the testimony of Mr. Bailey and the photos and other evidence provided during the
hearing the Improvement officer has determined that the fire damage to the roof causes
an improperly distributed load upon the roof system which has resulted in insufficient
strength to be reasonably safe. There are several parts of the roof and walls that are not
secured and may fail at anytime. Combined with the fire damage, lack of utilities and
having been opened to the elements for several years this building has become so
dilapidated, unsafe, and unsanitary that it no longer provides the amenities essential to
decent living.
III. DETERMINATION AND ORDER
Based on the investigation of this matter, and the information presented at the above-described
hearing, the Improvement Officer makes the following Determination and Order:
I. The building listed above is unfit for human habitation or other use and is in
violation of FWCC 1-30 sections:
(c) Those which have improperly distributed loads upon the floors or roofs or
in which the same are overloaded, or which have insufficient strength to be
reasonably safe for the purpose used;
(d) Those which have become damaged by fire, wind or other causes so as to
have become dangerous to life, safety, morals or the general health and
welfare of the occupants or the people of the City of Federal Way;
(e) Those which have become or are so dilapidated or decayed or unsafe or
unsanitary, or which so utterly fail to provide the amenities essential to decent
living, that they are unfit for human habitation, or are likely to cause sickness
(PA0687733.DOC;11I304119OOO00)
2
or disease, so as to work injury to the health, morals, safety or general welfare
of those living therein;
(f) Those having light, air and sanitation facilities which are inadequate to
protect the healt~ morals, safety or general welfare of human beings who live
or may live therein;
(h) Those which have parts thereof which are so attached that they may fall
and injure members of the public or property;
(i) Those which because of their condition are unsafe or unsanitary or dangerous to
the health, safety or general welfare of the public.
2. Under FWCC 1-31 "The following standards shall be followed by the Improvement
Officer and the Appeals Commission in ordering repair, vacation or demolition of
buildings or structures;" section (b) "If the "dangerous or unfit building or structure"
is fifty percent damaged or decayed or deteriorated in value it shall be demolished.
Value as used herein shall be the valuation placed upon the building or structure for
purposes of general taxation." This building is more than fifty percent damaged, or
deteriorated and shall be demolished. The property owner is here by ordered to apply
for all of the necessary permits to demolish the building within 45 days of this order
and demolish the building. Failure to apply for the necessary permit within 45 days
of this order may result in the Building Official ordering the building to be
demolished as set forth below in the RemediationlPenalties section.
IV. APPEAL
You are entitled to appeal this determination, Findings of Fact, and Order. You must request an
appeal within thirty (30) calendar days after receiving this Determination. The appeal must be in
writing to the Federal Way office of City Clerk, 33325 8th Ave South, Federal Way, WA 98003.
An appeal fee of $1 00.00 must be submitted with the written appeal request. An appeal hearing
will be scheduled before the Federal Way Appeals Commission within 30 days from the date the
appeal is filed. At that hearing you may present evidence and testimony from you and other
witnesses, including new information not previously presented to the Improvement Officer,
challenging this Determination, Findings of Fact, and Order.
V. REMEDIATIONIPENALTIES
If you do not appeal this ruling and fail to comply with the Determination, Finding of Fact, and
Order, the Building Official may direct or cause the subject dwelling, building, structure or
premises to be repaired, altered, improved, vacated, and closed, removed or demolished pursuant
to RCW 35.80.
The cost of any action taken by the Building Official under FWCC 1-38 shall be assessed against
the subject property pursuant to RCW 35.80 and FWCC 1-38 through 1-40. Upon certification
by the City of Federal Way Finance Director that the assessment amount is due and owing, the
(P A0687733.DOC; 1113041/900000)
3
King County Treasurer shall enter the amount of such assessment upon the tax rolls against the
subject property pursuant to the provisions of RCW 35.80.030.
Questions regarding the Determination, Finding of Fact, and Order should be directed to Greg
Vause, Code Enforcement Officer at 253-835-2632 or greg.vause@cityoffederalway.com.
<C-._.!~:::>c::? C/ ~...-:/ 0
"~ '"-- ~------_._--
PhiI' A.Olbrects
Improvement Officer
L// yOcY
, /
Date
(P A0687733.DOC; 1/13041/900000)
4
PUBLIC WORKS CONTRACT
FOR
LE RESIDENCE DEMOLITION
THIS PUBLIC WORKS CONTRACT ("Contract") is dated effective this 16th day of April,
2008 and is made by and between the City of Federal Way, a Washington municipal corporation
C'City or Owner"), and Hoffman Construction Company Inc.
A. The City desires to retain an independent contractor to furnish all labor and materials
necessary to complete the demolition of the residence located at 32821 4200 Ave SW, Federal
Way, Washington; and
B. The Contractor has the requisite skill and experience to perform such work.
NOW, THEREFORE, the parties C'Parties") agree to the following terms and conditions:
1. SERVICES BY CONTRACTOR
1.1 Description of Work. Contractor shall perform all work and furnish all tools,
materials, supplies, equipment, labor and other items incidental thereto necessary for the
construction and completion of the work, more particularly described as the Le Residence
Demolition project, including without limitation:
1. Remove all asbestos as identified in Orion Environmental Services letter
dated 1-8-2008 attached as exhibit H.
2. Cut and cap sewer line. (city will have permits)
3. All other utilities have been disconnected.
4. Provide street cleaning and or sweeping as needed.
5. Provide required erosion control as set forth by SWM.
6. Conduct utilities locator request.
7. Complete demolition and removal of structure including concrete foundation,
garage slab and driveway.
8. Fill to grade and hydroseed.
9 . To be completed by 4/30/08
in accordance with and as described in the Contract Documents, which include without
limitation, this Contract, Request for Bids, Bidder's Checklist, Instructions to Bidders, General
Contractual Terms and Conditions, Bid Form, Bid Signature Page, Bid Bond, Combined Affidavit
and Certification Form, Contractor's Compliance Statement, Notice of Completion of Public
Works Contract attached as Exhibit A, Contract Change Order Agreement attached as Exhibit B,
Contractor's Retainage Agreement attached as Exhibit C, Retainage Bond to City of Federal Way
attached as Exhibit 0, Notice to Labor Unions or Other Employment Organizations
Nondiscrimination in Employment attached as Exhibit E, Certificate(s) of Insurance Form
attached hereto as Exhibit F, Performance I Payment Bond attached hereto as Exhibit G, lltle
VI Assurances attached hereto as Exhibit H, current Prevailing Wage Rates attached as
Appendix B and all other Appendices attached hereto and incorporated by this reference,
(collectively the "Contract Documents''), which Work shall be completed to the City's
satisfaction, within the time penod prescribed by the City and pursuant to the direction of the
Oty Manager or his or her designee.
1.2 Completion Date. The Work shall be commenced within five (5) days of receipt by
the Contractor of the City's Notice to Proceed. The Work shall be completed on or before April
30, 2008. In the event the Work is not substantially completed within the time specified,
Contractor agrees to pay to the City liquidated damages in the amount set forth in the formula
included in Section 1.3 of this Contract. The Work shall not be deemed completed until the City
has accepted the Work and delivered a written Notice of Completion of Public Works Contract in
the form attached hereto as Exhibit "A".
1.3 Uquidated Damages. lime is of the essence of the Contract. Delays inconvenience
the public and cost taxpayers undue sums of money, adding time needed for administration,
inspection, and supervision. It is impractical for the City to calculate the actual cost of delays.
Accordingly, the Contractor agrees to pay liquidated damages calculated on the following
formula for its failure to complete this Contract on time:
(1) To pay (according to the following formula) liquidated damages for each working
day beyond the number of working days established for completion, and
(2) To authorize the Oty to deduct these liquidated damages from any money due or
coming due to the Contractor.
UQUIDATED DAMAGES FORMULA
Where:
LD = O.1SC
T
LD = Uquidated damages per working day (rounded to
the nearest dollar).
C = Original Contract amount.
T = Original time for completion.
When the Work is completed to the extent that the City has full and unrestricted use
and benefit of the facilities, both from an operational and safety standpoint, the City may
determine the Work is complete. Uquidated damages will not be assessed for any days for
which an extension of time is granted. No deduction or payment of liquidated damages will, in
any degree, release the Contractor from further obligations and liabilities to complete this entire
Contract.
1.4 Performance Standard. Contractor shall perform the Work in a manner consistent
with accepted practices for other properly licensed contractors.
1.5 Compliance with Laws. Contractor shall perform the Work in accordance with all
applicable federal, state and Oty laws, including but not limited to all City ordinances,
resolutions, standards or policies, as now existing or hereafter adopted or amended, and obtain
all necessary permits and pay all permit, inspection or other fees, at its sole cost and expense.
1.6 Change Orders. The Oty may, at any time, without notice to sureties, order
changes within the scope of the Work. Contractor agrees to fully perform any such alterations
or additions to the Work. All such change orders shall be in the form of the Contract Change
Order Agreement attached hereto as Exhibit "B", which shall be signed by both the Contractor
and the aty, shall specifically state the change of the Work, the completion date for such
changed Work, and any increase or decrease in the compensation to be paid to Contractor as a
result of such change in the Work. Oral change orders shall not be binding upon the City unless
City of Federal Way
Le Residence Demolition
PWC ver 1-08
Page 2
confirmed in writing by the City. If any change hereunder causes an increases or decrease in
the Contractor's cost of, or time required for, the performance or any part of the Work under
this Contract, an equitable adjustment will be made and the Contract modified in writing
accordingly.
If the Contractor intends to assert a claim for an equitable adjustment hereunder, it
shall, within five (5) days after receipt of a written change order from the City or after giving
the written notice required above, as the case may be, submit to the City a written statement
setting forth the general nature and monetary extent of such claim; provided the Oty, in its sole
discretion, may extend such five (5) day submittal period upon request by the Contractor. The
Contractor shall supply such supporting documents and analysis for the claims as the City may
require to determine if the claims and costs have merit. No claim will be allowed for any costs
incurred more than five (5) days before the Contractor gives written notice as required. No
claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after
final payment under this Contract.
1. 7 Work and Materials Omitted. The Contractor shall, when directed in writing by the
City, omit work, services and materials to be furnished under the Contract and the value of the
omitted work and materials will be deducted from the Total Compensation and the delivery
schedule will be reviewed if appropriate. The value of the omitted work, services and materials
will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the
City. If the parties cannot agree on an appropriate deduction, the City reserves the right to
issue a unilateral change order adjusting the price and the delivery schedule.
1.8 Utility Location. Contractor is responsible for locating any underground utilities
affected by the Work and is deemed to be an excavator for purposes of Chapter 19.122 RON,
as amended. Contractor shall be responsible for compliance with Chapter 19.122 RON,
including utilization of the ."one call" locator system before commencing any excavation
activities.
1.9 Air Environment. Contractor shall fully cover any and all loads of loose construction
materials including without limitation, sand, dirt, gravel, asphalt, excavated materials,
construction debris, etc., to protect said materials from air exposure and to minimize emission
of airborne particles to the ambient air environment within the City of Federal Way.
2. TERM
This Contract shall commence on the effective date of this Contract and continue until
the completion of the Work, which shall be no later than April 30th, 2008 to complete, and the
expiration of all warranties contained in the Contract Documents ("Term'').
3. WARRANTY
3.1 Requisite Skill. The Contractor warrants that it has the requisite skill to complete the
Work, and is appropriately accredited and licensed by all applicable agencies and governmental
entities, including but not limited to being registered to do business in the City of Federal Way
by obtaining a Oty of Federal Way business registration. Contractor represents that it has
visited the site and is familiar with all of the plans and specifications in connection with the
completion of the Work.
City of Federal Way
Le Residence Demolition
PWC ver 1-08
Page 3
3.2 Defective Work. The Contractor shall, at its sole cost and expense, correct all Work
which the City deems to have defects in workmanship and material discovered within one (1)
year after the Oty's final acceptance of the Work as more fully set forth in the General
Conditions of the Contract. This warranty shall survive termination of this Contract. Conducting
of tests and inspections, review of specifications or plans, payment for goods or services, or
acceptance by the Oty does not constitute waiver, modification or exclusion of any express or
implied warranty or any right under this Contract or law.
4. COMPENSATION
4.1 Total Compensation. In consideration of the Contractor performing the Work, the
City agrees to pay the Contractor an amount not to exceed thirty-four thousand forty four
dollars and 32/100 Dollars ($ 34,044.32), which amount shall constitute full and complete
payment by the City ("Total Compensation'').
4.2 Contractor Responsible for Taxes. The Contractor shall be solely responsible for the
payment of any taxes imposed by any lawful jurisdiction as a result of the performance and
payment of this Contract.
4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor
for any of the Work not completed in a satisfactory manner, in the City's sole discretion, which
shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is
acceptable to the City.
4.4 Method of Payment. The basis of payment will be the actual quantities of work
performed according to the contract and as specified for payment. Payments will be made for
work and labor performed and materials furnished under the contract according to the price in
the proposal unless otherwise provided. Partial payments will be made once each month,
based on partial estimates prepared by the Engineer and signed by the Contractor. Failure to
perform any obligation under this Contract may be adequate reason for the City to withhold
payments'until the obligation is performed.
Upon completion of all work and after final inspection, the amount due the Contractor
under the contract will be paid based upon the final estimate made by the Engineer and signed
by the Contractor.
Payment to the Contractor for partial estimates, final estimates, and retained
percentages shall be subject to controlling laws.
4.5 Retainage. Pursuant to Chapter 60.28 RCW, five percent (5%) of the Total
Compensation shall be retained by the City to assure payment of Contractor's state sales tax as
well as payment of subcontractors, suppliers and laborers. Upon execution of this Contract,
Contractor shall complete, execute and deliver to the City the Contractor Retainage Agreement
attached hereto as Exhibit "CIf or execute the Retainage Bond attached hereto as Exhibit "0".
No payments shall be made by the City from the retained percentage fund ("Fund'') nor shall
the Gty release any retained percentage escrow account to any person, until the Oty has
received from the Department of Revenue a certificate that all taxes, increases, and penalties
due from the Contractor and all taxes due and to become due with- respect to the Contract have
been paid in full or that they are, in the Department's opinion, readily collectible without
recourse to the State's lien on the -retained percentage. Upon non4payment by the general
contractor, any supplier or subcontractor may file a lien against the retainage funds, pursuant
City of Federal Way
Le Residence Demolition
PWC ver 1-08
Page 4
to Chapter 60.28 RCW. Subcontractors or suppliers are required to give notice of any lien
within forty-five (45) days of the completion of the Work and in the manner provided in RON
39.08.030. Within sixty (60) days after completion of all Work on this Contract, the City shall
release and pay in full the money held in the Fund, unless the City becomes aware of
outstanding claims made against this Fund.
s. EQUAL OPPORTUNITY EMPLOYER
In all Contractor services, programs or activities, and all Contractor hiring and
employment made possible by or resulting from this Contract, there shall be no discrimination
by Contractor or by Contractor's employees, agents, subcontractors or representatives against
any person because of sex, age (except minimum age and retirement provisions), race, color,
creed, national origin, marital status or the presence of any disability, including sensory, mental
or physical handicaps, unless based upon a bona fide occupational qualification in relationship
to hiring and employment, advertising, layoff or termination, rates of payor other forms of
compensation, and selection for training, including apprenticeship. Contractor shall comply with
and shall not violate any of the terms of Chapter 49.60 RCW, litle VI of the Civil Rights Act of
1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR
Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding
non-discrimination. Any material violation of this provision shall be grounds for termination of
this Contract by the City and, in the case of the Contractor's breach, may result in ineligibility
for further City agreements. If this project involves federal funds including USDOT funds
administered by WSDOT, the contractor agrees to the clauses contained in Exhibit H.
6. INDEPENDENT CONTRACTOR/CONfLICT OF INTEREST
It is the intention and understanding of the Parties that the Contractor shall be an
independent contractor and that the City shall be neither liable nor obligated to pay Contractor
sick' leave, vacation payor any other benefit of employment, nor to pay any social security or
other tax which may arise as an incident of employment. The Contractor shall pay all income
and other taxes due. Industrial or any other insurance which is purchased for the benefit of the
City, regardless of whether such may provide a secondary or incidental benefit to (he
Contractor, shall not be deemed to convert this Contract to an employment contract. It is
recognized that Contractor mayor will be performing work during the Term for other parties;
provided, however, that such performance of other work shall not conflict with or interfere with
the Contractor's ability to perform the Work. Contractor agrees to resolve any such conflicts of
interest in favor of the City.
7. CITY'S RIGHT TO TERMINATE CONTRACT
7.1 Termination Without Cause. Prior to the expiration of the Term, this Contract may
be terminated without cause upon oral or written notice delivered to Contractor from the City.
Upon termination, all supplies, materials, labor and/or equipment furnished prior to such date
shall, at the Oty's option, become its property. In the event Contractor is not in breach of any
of the provisions of this Contract, Contractor will be paid for any portion of the Work which has
been completed to the City's satisfaction, calculated by the percentage amount that portion of
the Work completed and accepted by the City bears to the Total Compensation.
City of Federal Way
Le Residence Demolition
PWC ver 1-08
Page 5
7.2 Termination For Cause. The City may immediately terminate this Contract, take
possession of the Property and all materials thereon and finish the Work by whatever methods
it may deem expedient, upon the occurrence of anyone or more of the following events:
(1) If the Contractor should be adjudged a bankrupt.
(2) If the Contractor should make a general assignment for the benefit of its
creditors.
(3) If a receiver should be appointed on the account of insolvency of Contractor.
(4) If Contractor should persistently or repeatedly refuse or fail to supply a
sufficient number of properly skilled workmen or proper materials for completion
of the Work.
(5) If the Contractor should fail to complete the Work within the time specified in
this Contract.
(6) If the Contractor should fail to complete the Work in compliance with the
plans and specifications, to the City's satisfaction.
(7) If the Contractor should fail to make prompt payment to subcontractors or
for material labor .
(8) If Contractor should persistently disregard laws, ordinances or regulations of
federal, state, or municipal agencies or subdivisions thereof.
(9) If Contractor should persistently disregard instructions of the City Manager or
his or her representative.
(10) If Contractor shall be in breach or violation of any term or provision of this
Contract, or
(11) If the Work is not being performed pursuant to RCW 49.28.050 or
49.28.060.
7.3 Result of Termination. In the event that this Contract is terminated for cause by the
City, the City may do any or all of the following:
(1) Stop payments. The City shall cease any further payments to Contractor and
Contractor shall be obligated to repay any payments it received under this
contract.
(2) Complete Work. The City may, but in no event is the City obligated to,
complete the Work, which Work may be completed by the City's agents,
employees or representatives or the City may retain independent persons or
entities to complete the Work. Upon demand, Contractor agrees to pay to the
City all of its costs and expenses in completing such Work.
City of Federal Way
Le Residence Demolition
PWC ver 1-08
Page 6
(3) Take Possession. The City may take possession of the Property and any
equipment and materials on the Property and may sale the same, the proceeds
of which shall be paid to the City for its damages.
(4) Remedies Not Exclusive. No remedy or election under this Contract shall be
deemed an election by the City but shall be cumulative and in addition to all
other remedies available to the City at law, in equity or by statute.
8. INDEMNIFICATION
8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend, and hold
the City, its elected officials, officers, employees, agents, and volunteers harmless from any and
all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by
any and all persons or entities, including, without limitation, their respective agents, licensees,
or representatives, arising from, resulting from, or connected with this Contract to the extent
caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders,
agents, employees, or by the Contractor's breach of this Contract. Contractor waives any
immunity that may be granted to it under the Washington State Industrial Insurance Act, TItle
51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the
amount of damages, compensation or benefits payable to or by any third party under workers'
compensation acts, disability benefit acts or any other benefits acts or programs.
8.2 City Indemnification. The City agrees to indemnify, defend, and hold the Contractor,
its officers, directors, shareholders, partners, employees, and agents harmless from any and all
claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any
and all persons or entities, including without limitation, their respective agents, licenses, or
representatives, arising from, resulting from or connected with this Contract to the extent solely
caused by the negligent acts, errors, or omissions of the City, its employees or agents.
8.3 Survival. The provisions of this Section shall survive the expiration or termination of
this Contract with respect to any event occurring prior to such expiration or termination.
9. INSURANCE
9.1 Minimum Limits. The Contractor agrees to carry as a minimUm, the following
insurance, in such forms and with such carriers who have a rating which is satisfactory to the
City:
(1) Workers' compensation and employer's liability insurance in amounts
sufficient pursuant to the laws of the State of Washington;
(2) Commercial general liability insurance with combined single limits of liability
not less than $2,000,000 for bodily injury, including personal injury or death,
products liability and property damage.
(3) Automobile liability insurance with combined single limits of liability not less
than $2,000,000 for bodily injury, including personal injury or death and property
damage.
City of Federal Way
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9.2 Endorsements. Each insurance policy shall contain, or be endorsed to contain, the
following provisions:
(1) The Oty, its officers, officials, employees, volunteers and agents shall each
be named as additional insured.
(2) Coverage may not be terminated or reduced in limits except after thirty (30)
days prior written notice by certified mail, return receipt requested, to the City.
(3) Coverage shall be primary insurance as respects the Oty, its officials,
employees and volunteers. Any insurance or self-insurance maintained by the
City, its officials, employees or volunteers shall be in excess of Contractor's
insurance.
(4) Coverage shall apply to each insured separately against whom claim is made
or suit is brought.
(5) Coverage shall be written on an "occurrence" form as opposed to a "claims
made" or "claims paid" form.
9.3 Verification. Contractor shall furnish the Oty with certificates of insurance
evidencing the coverage required by the Section, in compliance with the Certificate(s) of
Insurance Form attached hereto as Exhibit "F", which certificate must be executed by a person
authorized by the insurer to bind coverage on its behalf. The City reserves the right to require
complete certified copies of all required insurance policies, at any time.
9.4 Subcontractors. Contractors shall include all subcontractors as additional insured
under its policies or shall furnish separate certificates for each subcontractor. All coverage for
subcontractors shall be subject to all of the requirements stated herein.
9.5 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be disclosed by Contractor and approved in writing by the City. At the option of the City,
Contractor shall either reduce or eliminate such deductibles or self-insured retentions or procure
a bond guaranteeing payment for any amounts not covered by the insurance by reason of such
deductibles or self-insured retentions.
9.6 Asbestos Abatement or Hazardous Materials. If asbestos abatement or hazardous
materials work is performed, Contractor shall review coverage with the City's Risk Manager and
provide scope and limits of coverage that are appropriate for the scope of Work and are
satisfactory to the City. Contractor shall not commence any Work until its coverage has been
approved by the Risk Manager.
9.7 Termination. The Contractor's failure to provide the insurance coverage required by
this Section shall be deemed to constitute non-acceptance of this Contract by the Contractor
and the Oty may then award this Contract to the next lower bidder.
10. PERFORMANCE/PAYMENT BOND
Pursuant to RCW 39.08.010, Contractor shall post a Performance/Payment Bond in favor
of the Oty, in the form attached to this Contract as Exhibit "G" and incorporated by this
City of Federal Way
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reference, in a dollar amount satisfactory to the City; to guarantee Contractor's performance of
the Work to the City's satisfaction; to insure Contractor's performance of all of the provisions of
this Contract; and to guarantee Contractor's payment of all laborers, mechanics, subcontractors
and material persons. Contractor's obligations under this Contract shall not be limited to the
dollar amount of the bond.
11. SAFETY
Contractor shall take all necessary precautions for the safety of employees on the work
site and shall comply with all applicable provisions of federal, state and municipal safety and
health laws and codes, including without limitation, all OSHAjWISHA requirements, Safety and
Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health
Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62
WAC). Contractor shall erect and properly maintain, at all times, all necessary guards,
barricades, signals and other safeguards at all unsafe places at or near the Work for the
protection of its employees and the public, safe passageways at all road crossings, crosswalks,
street intersections, post danger signs warning against any known or unusual hazards and do
all other things necessary to prevent accident or loss of any kind. Contractor shall protect from
danger all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other
property that is likely to become displaced or damaged by the execution of the Work. The
Contractor shall, at its own expense, secure and maintain a safe storage place for its materials
and equipment and is solely responsible for the same.
12. PREVAILING WAGES
12.1 Wages of Employees. This contract is subject to the minimum wage requirements
of Chapter 39.12 RON and Chapter 49.28 RCW (as amended or supplemented). On Federal-aid
projects, Federal wage laws and rules also apply. The Hourly minimum rates for wages and
fringe benefits are listed in Appendix B. When Federal wage and fringe benefit rates are listed,
the rates match those identified by the u.s. Department of labor's "Decision Number" shown in
Appendix B.
The Contractor, any subcontractor, and all individuals or firms required by Chapter 39.12
RON, Chapter 296-127 WAC, or the Federal Davis-Bacon and Related Acts (DBRA) to pay
minimum prevailing wages, shall not pay any worker less than the minimum hourly wage rates
and fringe benefits required by Chapter 39.12 RCW or the DBRA. Higher wages and benefits
may be paid.
When the project is subject to both State and Federal hourly minimum rates for wages
and fringe benefits and when the two rates differ for similar kinds of labor, the Contractor shall
not pay less than the higher rate unless the state rates are specifically preempted by Federal
law.
The Contractor shall ensure that any firm (Supplier, Manufacturer, or Fabricator) that
falls under the provisions of Chapter 39.12 RCW because of the definition "Contractor" in
Chapter 296-127-010 WAC, complies with all the requirements of Chapter 39.12 RCW.
12.2 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter
39.12 RCW, and as required in this Contract do not apply to:
(1) Sole owners and their spouses;
City of Federal Way
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(2) Any partner who owns at least 30% of a partnership;
(3) The President, Vice President and Treasurer of a corporation if each one owns at
least 30% of the corporation.
12.3 Reporting Requirements. On forms provided by the Industrial Statistician of State
L&I, the Contractor shall submit to the Engineer the following for itself and for each firm
covered under Chapter 39.12 RCW that provided work and materials of the contract:
(1) A copy of an approved "Statement of Intent to Pay Prevailing Wages" State L&I form
number F700-029-000. The City will make no payment under this contract for the work
performed until this statement has been approved by State L&I and a certified copy of
the approved form has been submitted to the City.
(2) A copy of an approved "Affidavit of Prevailing Wages Paid," State L&I form number
F700-007-000. The City will not release to the contractor any funds retained under
Chapter 60.28.011 RCW until all of the "Affidavit of Prevailing Wages Paid" forms have
been approved by State L&I and a certified copy of all the approved forms have been
submitted to the City.
The Contractor shall be responsible for requesting these forms from the State l&I and
for paying any approval fees required by State l&I.
Certified payrolls are required to be submitted by the Contractor to the City, for the
Contractor and all subcontractors or lower tier subcontractors.
12.4 Disputes. In the event any dispute arises as to what are the prevailing rates of
wages for work of a similar nature and such dispute cannot be resolved by the City and the
Contractor, the matter shall be referred for arbitration to the Director of the Department of
Labor and Industries of the State of Washington and the decision therein shall be final and
conclusive and binding on all parties involved in the dispute.
13. FAILURE TO PAY SUBCONTRACTORS
In the event the Contractor shall fail to pay any subcontractors or laborers, fail to pay
for any materials, or fail to pay any insurance premiums, the City may terminate this Contract
and/or the City may withhold from the money which may be due the Contractor an amount
necessary for the payment of such subcontractors, laborers, materials or premiums.
14. OWNERSHIP OF DOCUMENTS
All originals and copies of work product, including plans, sketches, layouts, designs,
design specifications, records, files, computer disks, magnetic media, all finished or unfinished
documents or material which may be produced or modified by Contractor while performing the
Work shall become the property of the City and shall be delivered to the City at its request.
15. CONFIDENTIALITY
Any records, reports, information, data or other documents or materials given to or
prepared or assembled by the Contractor under this Contract will be kept as confidential and
City of Federal Way
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shall not be made available to any individual or organization by the Contractor without prior
written approval of the Oty.
16. BOOKS AND RECORDS
The Contractor agrees to maintain books, records, and documents which sufficiently and
properly reflect all direct and indirect costs related to the performance of this Contract and such
accounting procedures and practices as may be deemed necessary by the City to assure proper
accounting of all funds paid pursuant to this Contract. These records shall be subject at all
reasonable times to inspection, review or audit by the City, its authorized representative, the
State Auditor, or other governmental officials authorized by law to monitor this Contract.
17. CLEAN UP
At any time ordered by the City and immediately after completion of the Work, the
Contractor shall, at its own expense, clean up and remove all refuse and unused materials of
any kind resulting from the Work. In the event the Contractor fails to perform the necessary
clean up, the City may, but in no event is it obligated to, perform the necessary clean up and
the costs thereof shall be immediately paid by the Contractor to the City and/or the City may
deduct its costs from any remaining payments due to the Contractor.
18. CONTRACTOR AND SUBCONTRACTOR RESPONSIBIUTY:
18.1 Contractor Verification. The Contractor verifies that it has a certificate of
registration with the State of Washington; has a current state unified business identifier
number; is not disqualified from bidding on any public works contract under RCW 39.06.010 or
39.12.065 (3); has industrial insurance as required by TItle 51 RCW, if applicable; has an
employment security department number as required in Title 50 RCW, if applicable; has a state
excise tax registration number as required in Title 82 RCW, if applicable; possesses a valid
electrical contractor license as required by chapter 19.28 RCW, if applicable; and possesses an
elevator contractor license as required by chapter 70.87 RCW, if applicable.
18.2 Subcontractor Contracts. The Contractor shall include the language of this
section in each of its first tier subcontracts, and shall require each of its subcontractors to
include the same language of this section in each of their subcontracts, adjusting only as
necessary the terms used for the contracting parties. Upon request of the Owner, the
Contractor shall promptly provide documentation to the Owner demonstrating that the
subcontractor meets the subcontractor responsibility criteria below. The requirements of this
section apply to all subcontractors regardless of tier.
18.3 Subcontractor Verification. At the time of subcontract execution, the Contractor
shall verify that each of its first tier subcontractors meets the following bidder responsibility
criteria: Have a current certificate of registration in compliance with chapter 18.27 RCW, which
must have been in effect at the time of subcontract bid submittal; Have a current Washington
Unified Business Identifier (UBI) number; Not be disqualified from bidding on any public works
contract under RCW 39.06.010 or 39.12.065 (3); Have Industrial Insurance (workers'
compensation) coverage for the subcontractor's employees working in Washington, as required
in TItle 51 RCW, if applicable; A Washington Employment Security Department number, as
required in TItle 50 RCW, if applicable; A Washington Department of Revenue state excise tax
registration number, as required in TItle 82 RCW, if applicable; An electrical contractor license, if
City of Federal Way
Le Residence Demolition
PWC ver 1-08
Page 11
required by Chapter 19.28 ROO, if applicable; An elevator contractor license, if required by
Chapter 70.87 ROO.
19. GENERAL PROVISIONS
19.1 Entire Contract. The Contract Documents contain all of the agreements of the
Parties with respect to any matter covered or mentioned in this Contract and no prior
agreements or understandings pertaining to any such matters shall be effective for any
purpose.
19.2 Modification. No provisions of this Contract, including this provision, may be
amended or added to except by agreement in writing signed by the Parties or their respective
successors in interest.
19.3 Full Force and Effect. Any provision of this Contract, which is declared invalid, void
or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other
provisions shall remain in full force and effect.
19.4 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or
all of its obligations and rights hereunder without the prior written consent of the City. In the
event the City consents to any such assignment or transfer, such consent shall in no way
release the Contractor from any of its obligations or liabilities under this Contract.
19.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be
binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns.
19.6 Attorney Fees. In the event the City or the Contractor defaults on the performance'
of any terms in this Contract, and the Contractor or City places the enforcement of the Contract
or any part thereof, or the collection of any monies due, or to become due hereunder, or
recovery of possession of any belongings, in the hands of an attorney, or file suit upon the
same, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any
dispute related to this Contract shall be King County, Washington.
19.7 No Waiver. Failure of the City to declare any breach or default immediately upon
occurrence thereof, or delay in taking any action in connection with, shall not waive such
breach or default. Failure of the City to declare one breach or default does not act as a waiver
of the City's right to declare another breach or default.
19.8 Governing law. This Contract shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
19.9 Authority. Each individual executing this Contract on behalf of the City and
Contractor represents and warrants that such individuals are duly authorized to execute and
deliver this Contract on behalf of the Contractor or City.
19.10 Notices. Any notices required to be given by the City to Contractor or by the
Contractor to the City shall be delivered to the Parties at the addresses set forth below. Any
notices may be delivered personally to the addressee of the notice or may be deposited in the
United States mail, postage prepaid, to the address set forth herein. Any notice so posted in
the United States mail shall. be deemed received three (3) days after the date of mailing.
City of Federal Way
Le Residence Demolition
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Page 12
19.11 Captions. The respective captions of the Sections of this Contract are inserted for
convenience of reference only and shall not be deemed to modify or otherwise affect in any
respect any of the provisions of this Contract.
19.12 Performance. lime is of the essence of this Contract and each and all of its
provisions in which performance is a factor. Adherence to completion dates is essential to the
Contractor's performance of this Contract.
19.13 Compliance with Ethics Code. If a violation of the Oty's Ethics Resolution No. 91-
54, as amended, occurs as a result of the formation and/or performance of this Contract, this
Contract may be rendered null and void, at the City's option.
19.14 Conflicting Provisions. In the event of a conflict between the terms and provisions
of any of the Contract Documents, the City Manager or his or her designee shall issue an
interpretation of the controlling document, which interpretation shall be final and binding.
DATED the day and year set forth above.
CI1Y OF FEDERAL WAY
By:
Cary M. Roe, P.E.
Assistant City Manager/Chief Operating Officer
Emergency Manager
33325 8th Avenue South
PO Box 9718
Federal Way, WA 98063-9718
ATTEST:
City Clerk, laura Hathaway, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
Hoffman Construction Company
By:
(Signature)
City of Federal Way
Le Residence Demolition
PWC ver 1-08
Page 13
(Name)
(Address)
(Phone)
STATE OF WASHINGTON )
) ss.
COUNlY OF KING )
On this day personally appeared before me , to me
known to be the of Hoffman Construction Company
that executed the foregoing instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,
and on oath stated that he/she was authorized to execute said instrument and that the seal
affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and offidal seal this
day of
, 200_.
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
City of Federal Way
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EXHIBIT A
City of Federal Way
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Page 15
+
~~ State of Washington
Department of Revenue
PO Box 47474
Olympia, WA 98504-7474
Contractor's Registration No.
(UBI No.):
Date:
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
From:
Cityo(Pedera1 Way
P. O. Box 9118
Federal Way, WA 98063-9718
Assigned To
Date Assigned
Notice is hereby given relative to the completion of contract or project described below
Descripcion ofCoalnct
Contnaor.N.....
Telephone Nurnba
ConIraclOr's Address
Da.. WOllt Commenced
Oal. Work Complcled
D... WOllt ACcq>led
S_y or BondinS Company
AS-" Address
Contract Amount;
Amount Disbursed:
Additions or Reductions:
Amount Retained:
Sales Tax:
TOTAL:
TOTAL:
Signature:
T}pC or PrinI Name
Phone Number:
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of
Revenue, Olympia, W A 98504-7474, immediately after acceptance of the work done under this
contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of
Department's certificate, and then only in accordance with said certificate.
To inquire about the availability of this document in an alternate format for the visually impaired or a
language other than English, please call (360) 753-3217. Teletype (TIY) users may call (800) 451-
7985. You may also access tax information on our Internet home page at http:/dor.wa.gov.
EXHIBIT B
CITY OF FEDERAL WAY
CONTRACT CHANGE ORDER AGREEMENT
PROJECT
NUMBER
CHANGE ORDER
NUMBER
EFFECTIVE DATE .
PROJECT TITLE
CONTRACTOR
SUMMARY OF PROPOSED CHANGES:
The time provided for completion in the Contract is 0 Unchanged 0 Increased 0 Decreased
by _ Calendar Days. This Document shall become an Amendment to the Contract and all
provisions of the Contract not amended herein will apply to this Change Order.
Will this change affect expiration or extent of Insurance coverage?
If "Yes" Will the Policies Be Extended?
o Yes 0 No
o Yes 0 No
PRICE CHANGE
LUMP SUM: INCREASE $
UNIT PRICE:
DECREASE $
THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE
ITEM NO. ITEM
QUANTITY UNIT PRICE
ADD OR DELETE
TOTAL NET CONTRACT:
INCREASE $
DECREASE $
STATEMENT:
Payment for the above work will be in accordance with applicable portions of the standard
spedfication~ and with the understanding that all materials, workmanship and measurements
shall be in accordance with the provisions of the standard spedfications, the contract plans, and
the spedal provisions governing the types of construction.
O'EPT. OIRECTOR/MANAGER
SIGNATURE
DATE
CONTRACTOR'S
SIGNATURE
City of Federal Way
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PWC ver 1-08
Page 16
DEPARTMENT RECAP TO DATE:
ORIGINAL CONTRACf AMOUNT
PREVIOUS CHANGE ORDERS
THIS CHANGE ORDER
* ADJUSTMENTS
NEW CONTRACT AMOUNT
ADJUSTMENTS
CHANGE ORDER ESTIMATE IS HEREBY
PAY THIS ADJUSTED AMOUNT
City of Federal Way
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PWC ver 1-08
Page 17
* Adjustments:
$-
$-
$-
$-
$-
o INCREASED $_
o DECREASED $_
$-
DEPARTMENT DIRECfOR'S SIGNATURE
EXHIBIT C
CONTRACTOR'S RETAINAGE AGREEMENT
City of Federal Way
33325 8th Avenue South
PO Box 9718
Federal WaYI WA 98063-9118
253-835-7000
Bid/Contract Number
I
IDENTIFICATION AND DESCRIPTION
Project Title
Contractor
Bid No.
aty Representative
Project Authority
.
Representative
Administering Department
Funding Source
Date
RETAINAGE FORMULA
In accordance with applicable State Statutes, the following provisions will be made for the disposition of the
retainage held for investment:
1. All investments selected below are subject to City approval.
2. Retainage under this agreement will be held in escrow by the
(referred to herein as the Bank), the terms of which are specified by separate escrow agreement.
The cost of the investment program and the risk thereof is to be borne entirely by the contractor.
3. The final disposition of the contract retainage will be made in 9ccordance with applicable statutes.
CONTRACTOR~INSTRUCT10NS
Pursuant to RON 60.28.010 I hereby notify the City of Federal Way of my instructions 0 to invest 0 not to
invest the retainage withheld under the terms of this contract. If the investment option is selected, please
provide the following information:
Name of Bank, Mutual Fund, or Savings & loan Association:
Address:
Account #:
Contractor:
By:
Address:
Fed lD #:
Contact Person:
Date:
Title:
Phone:
Est. Completion Date:
CITY APPROVAL
Approval of Investment Program and Retainage Agreement
Management Services Director Date
CERTIFICATION FOR RELEASE Of CONTRACf RETAINAGE
Contract No.
Project Title:
I hereby certifyl as Contract Administrator for this Contract representing the City of federal Way, that all work
required by the above dted contract was completed on and final acceptance by the
aty was granted on
I also certify that no liens have been received within 30 days from the above date from any person, persons,
mechanics, subcontractors or materialman who has performed any work or provided any material of subject contract.
Contract Administrator
Director of Administering Department
City of Federal Way
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PWC ver 1-08
Page 18
Also, please tind attached certifteations by the applicable state agendes of the receipt of: 1) Washington State Business Taxes
(Washington State Dept. of Revenue); 2) Industrial Insurance Premiums (State Dept. of Labor & Industries); and 3) Employment
Security, Unemployment Insurance Premiums (State of Washington Employment Security Dept.)
City of Federal Way
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EXHIBIT 0
RETAINAGE BOND TO CITY OF FEDERAL WAY
LE RESADANCE DEMOLITION
KNOW ALL PERSONS BY THESE PRESENTS that we, the undersigned,
, as principal C'Principal"), and
, a Corporation organized and existing under the laws of the State of
, as a surety Corporation, and qualified under the laws of the State of Washington to become
surety upon bonds of Contractors with Municipal Corporations, as surety ("Suretyj, are jointly and severally held and
firmly bonded to the City of Federal Way ("Cityj in the penal sum of:
($ ) for the payment of which sum we bind
ourselves and our successors, heirs, administrators or personal representatives, as the case may be.
A. This obligation is entered into in pursuant to the statutes of the State of Washington and the ordinances,
regulations, standards and policies of the City, as now existing or hereafter amended or adopted.
B. Pursuant to proper authorization, the City Manager is authorized to enter into a certain contract with the
Principal, providing for the LE Project, which contract is incorporated herein by this reference rContractj, and
C. Pursuant to State law, Chapter 60.28 RCW, the City is required to reserve from the monies earned by
the Principal pursuant to the contract, a sum not to exceed five percent (5%), said sum to be retained by the City as
a trust fund for the protection and payment of any person or persons, mechanic, subcontractor or materialmen who
shall perform any labor upon such contract or the doing of such work, and all persons who shall supply such person
or persons or subcontractors with proviSions and supplies for the carrying on of such work, and the State with the
respect to taxes imposed pursuant to Title 82 RCW which may be due from said Principal. Every person performing
labor or furnishing supplies towards completion of said improvement or work shall have a lien on said monies so
reserved, provided that such notice of the lien of such claimant shall be given in the manner and within the time
provided in RCW 39.08.030 as now existing and in accordance with any amendments that may hereafter be provided
thereto; and
D. State law further provides that with the consent of the City, the Principal may submit a bond for all or
any portion of the amount of funds retained by the publiC body in a form acceptable to the public body conditioned
upon such bond any proceeds therefrom being made subject to all claims and liens and in the same manner and
priority as set forth retained percentages pursuant to Chapter 60.28 RON; and
E. The Principal has accepted, or is about to accept, the Contract, and undertake to perform the work
therein provided for in the manner and within the time set forth, for the amount of $
and
F. The City is prepared to release any required retainage money previously paid by the Principal prior to
acceptance and successful operation and fulfillment of all other terms of said contract upon being indemnified by
these presents,
NOW, THEREFORE, if the Principal shall perform all the provisions of the Contract in the manner and within
the time period prescribed by the City, or within such extensions of time as may be granted under the Contract, and
shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the
Principal or subcontractors with provisions and supplies for the carrying on of said work, and if the Principal shall pay
to the State all taxes imposed pursuant to Title 82 RCW which may be due from such Principal as a result of this
contract then and in the event this obligation shall be void; but othelWise it shall be and remain in full force and
effect.
And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any
change, extension of time, alterations or additions to the terms of the Contract or to the Work.
The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the
Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the
Prindpal shall automatically increase the Obligation of the Surety on this Retainage Bond in a like amount, such
City of Federal Way
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PWC ver 1-08
Page 20
increase, however, not to exceed twenty-fIVe percent (25%) of the original amount of this bond without consent of
the Surety.
Within forty-five (45) days of receiving notice that the Prindpal has defaulted on aU or part of the terms of
the Contract, the Surety shall make written commitment to the Oty that it will either: (a) cure the default itself
within a reasonable time period, or (b) tender to the City, the amount necessary for the Oty to remedy the default,
including legal fees incurred by the Oty, or (c) in the event that Surety's evaluation of the dispute is not complete or
in the event the Surety disputes the Oty's claim of default, the Surety shall notify the Oty of its finding and its intent,
if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has
elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount
equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon
completion of the necessary work, the City shall notify the Surety of its actual costs. The Oty shall return, without
interest, any overpayment made by the Surety and the Surety shall pay to the Oty any actual costs which exceed the
Oty estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first: complete
partidpation in mediation, described in the below paragraph, prior to any interplead action.
In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of
default by the Prindpal, the Parties agree to partidpate in at least four hours of mediation in accordance with the
mediation. procedures of United States Arbitration and Mediation ("USA&M"). The Parties shall proportionately share
in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office, 4300 Two Union
Square, 601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to completion of
the mediation.
The parties have executed this instrument under their separate seals this _ day of .
200---1 the name and corporate seal of each corporate party hereto affixed, and these presents duly signed by its
undersigned representatives pursuant to authority of its governing body.
CORPORATE SEAL:
PRINCIPAL
By:
Title:
Address:
CORPORATE SEAL:
SURETY
By:
Attorney-in-Fact
(Attach Power of Attorney)
Title:
Address:
City of Federal Way
Le Residence Demolition
PWC ver 1-08
Page 21
CERTIFICATES AS TO CORPORATE SEAL
I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the
within bond; that . who signed the said bond on behalf of the Principal, was
of said Corporation; that I know his or her signature thereto is genuine, and
that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of
its governing body.
Secretary of Assistant Secretary
I hereby certify that I am the (Assistant) Secretary of the Corporation named as Surety in the
within bond; that , who signed the said bond on behalf of the Surety, was
of the said Corporation; that I know his or her signature thereto is genuine,
and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by
authority of its governing body.
Secretary of Assistant Secretary
APPROVED AS TO FORM:
Patricia A. Richardson, City Attorney
City of Federal Way
Le Residence Demolition
PWC ver 1-08
Page 22
EXHIBIT E
NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS
NONDISCRIMINATION IN EMPLOYMENT
TO:
AND TO:
ALL EMPLOYEES
(Name of Union or Organization)
The undersigned currently holds contract(s) with Hoffman Construction Company involving
funds or credit of the City of Federal Way, Washington, or (a) subcontract(s) with a prime
contractor holding such contract(s).
You are advised that, under the provisions of the above contract(s) or subcontract(s) and in
accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the
undersigned is obliged not to discriminate against any employee or applicant of employment
because of race, color, creed or national origin. This obligation not to discriminate in
employment includes, but is not limited to, the following:
EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION
RECRUITMENT AND ADVERTISING
RATES OF PAY OR OTHER FORMS OF COMPENSATION
SELECfION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION
This notice is furnished to you pursuant to the provisions of the above contract(s) or
subcontractor(s) and Executive Order 11246.
Copies of this Notice will be posted by the undersigned in conspicuous places available to
employees or applicants for employment.
Complaints may be submitted to:
City of Federal Way
PO BOX 9718
Federal Way, WA 98063
(Contractor or subcontractor)
Date
City of Federal Way
Le Residence Demolition
PWC ver 1 -08
Page 23
EXHIBIT F
CERTIFICATE OF INSURANCE
This is to certify to the Oty of Federal Way, Washington, that the following policies are in force for:
Name of Insured
Address
Contract Title and/or Description of Job
1. GENERAL LIABILITY
A. Commercial, General Liability Insurance, and Business Automobile Liability Insurance
with limits of not less than:
(1) Commercial General Liability Insurance with combined single limits of not less
than Two Million and nO/l00 Dollars ($2,000,000.00) for bodily injury, including
personal injury or death, products liability and property damage.
(2) Business Automobile Liability Coverage (including any and all leased, owned,
hired or non-owned vehicles used in any activities associated with this contract) with
combined single limits of not less than Two Million and no/l00 Dollars
($2,000,000.00) for bodily injury, including personal injury or death, and property
damage.
B. The following coverages are included in both Primary and Excess liability Contracts.
1. Broad Form Property Damage Coverage YES D NO 0
2. Blanket Broad Form Contractual YES 0 NO 0
3. Stop-Gap Employer's Contingent Liability YES 0 NO 0
4. Underground Damage, Collapse and Blasting or Explosion YES D NO 0
5. Contractor's Protective YES 0 NO 0
6. Personal Injury Liability (Libel, Slander, Defamation, etc.) YES 0 NO 0
7. Products and Completed Operations YES D NO 0
8. Non-owned and Hired Auto Coverage YES D NO 0
9. Mobile Equipment YES 0 NO 0
10. YES D NO 0
C. General Requirements of Policy(ies) shall include, but not be limited to:
1. City of Federal Way is an additional named insured by endorsement as respects
this contract and such insurance as is carried by the contractor is primary.
2. In the event of non-renewal, cancellation or material change in the coverage
provided, thirty (30) days written notice shall be furnished the Oty of Federal
Way prior to the date of non-renewal, cancellation or change, such notice to be
sent to Oty of Federal Way Risk Manager, 33325 8th Avenue South, Federal
Way, Washington 98003.
3. Oty of Federal Way has no obligation to report occurrences unless a claim is filed
with Oty of Federal Way; and City of Federal Way has no obligation to pay
premiums.
City of Federal Way
Le Residence Demolition
PWC ver 1-08
Page 24
4. The contractor's insurance policies contain a "cross liability" endorsement
substantially as follows:
The indusion of more than one Insured under this policy shall not affect the
rights of any Insured as respects any claim, suit or judgment made or brought by
or for any other Insured or by or for any employee of any other Insured. This
policy shall protect each Insured in the same manner as though a separate policy
had been issued to each, except that nothing herein shall operate to increase the
company's liability beyond the amount or amounts for which the company would
have been liable had only one Insured been named.
Insurance Companvlies)
Policv No.
Effective
Expires
I, , hereby certify that I am an Authorized Representative of the above
named insurance company(ies); that I have read the foregoing Certificate of Insurance and know
the contents thereof; and that the policies of Insurance listed above provide the insurance coverage
required by this Certificate of Insurance.
Authorized Representative
Subscribed and sworn to before me this _day of
,20_.
NOTARY PUBUC in and for the
State of Washington
My commission expires: _
The undersigned further certifies that the above signed is his authorized insurance representative.
Contractor
2. COMPENSATION INSURANCE
The following coverages are provided as indicated:
A. Workman's Compensation Act of the State of Washington
(Account No. )
B. United States Longshoremen's and Harborworker's Compensation Act:
YESD NoD
Insurance Companvliesl
Policy No.
Effective
Expires
City of Federal Way
Le Residence Demolition
PWC ver 1-08
Page 25
I, . hereby certify that I am an Authorized Representative of the
above named insurance rompany(ies); that I have read the foregoing Certificate of Insurance and
know the contents thereof; and that the policies of insurance listed above provide the insurance
coverage required by this Certificate of Insurance.
Authorized Representative
Subscribed and swom to before me this _ day of
,20_.
NOTARY PUBUC in and for the
State of Washington
My rommission expires: _
The undersigned further certifies that the above signed is his authorized insurance representative.
Contractor
City of Federal Way
Le Residence Demolition
PWC ver 1-08
Page 26
EXHIBIT G
CITY OF FEDERAL WAY
PERFORMANCE/PAYMENT BOND
KNOW ALL PEOPLE BY THESE PRESENTS:
We, the undersigned , ("Principal") and _
, the undersigned corporation organized and existing under the
laws of the State of and legally doing business in the State of Washington as a
surety ("Surety"), are held and firmly bonded unto the City of Federal Way, a Washington municipal
corporation ("City") in the penal sum of Dollars and no/100 ($_
) for the payment of which we firmly bind ourselves and our legal representatives, heirs,
successors and assigns, jointly and severally.
This obligation is entered into an Agreement with the City dated
, 20_ for
NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and
within the time period prescribed by the City, or within such extensions of time as may be granted under
the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and
all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying
on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from
any loss or damage occasioned to any person or property by reason of any carelessness or negligence on
the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and
hold the City harmless from any damage or expense by reason of failure of performance as specified in
the Agreement within a period of one (1) year after its final acceptance thereof by the City, then and in
the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect.
And the Surety, for value received, hereby further stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or
the specifications accompanying the same shall in any way affect its obligation on this bond, and it does
hereby waive notice of any change, extension of time, alterations or additions to the terms of the
Agreement or to the Work.
The Surety hereby agrees that modifications and changes may be made in terms and provisions of the
Agreement without notice to Surety, and any such modifications or changes increasing the total amount
to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond
in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original
amount of this bond without the consent of the Surety.
Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms
of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the
default itself within a reasonable time period, or (b) tender to the city, the amount necessary for the City
to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's
evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default,
the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then
fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option
(a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs
actually incurred by the Surety in curing the default. If the Surety. elects option (b), then upon
completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall
return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any
actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option
(c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to
any interplead action.
City of Federal Way
Le Residence Demolition
PWC ver 1-08
Page 27
[n the event a dispute should arise between the Parties to this Bond with respect to the City's declaration
of default by the Principal, the Parties agree to participate in at least four hours of mediation in
accordance with the mediation procedures of United States Arbitration and Mediation ("USA&M"). The
Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by
the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101-2327.
The Surety shall not interplead prior to completion of the mediation.
DATED this _ day of
,20_.
CORPORATE SEAL OF PRINCIPAL:
PRINCIPAL
By:
(Name of Person Executing Bond)
Its:
(Title)
(Address )
(Phone)
CERTIFICATE AS TO CORPORATE SEAL
I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the
within bond; that I who signed the said bond on behalf of the Principal, was _
of the said Corporation; that I know his or her signature thereto is genuine, and
that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of
its governing body.
Secretary of Assistant Secretary
CORPORATE SEAL OF SURETY:
SURETY
By:
Attorney-in-Fact
(Attach Power of Attorney)
(Name of Person Executing Bond)
(Address)
City of Federal Way
Le Residence Demolition
PWC ver 1-08
Page 28
APPROVED AS TO FORM:
Patricia A. Richardson, City Attorney
City of Federal Way
Le Residence Demolition
PWC ver 1-08
Page 29
(Phone)
EXHIBIT H
TITLE VI ASSURANCES
During the performance of this contract, the contractor/consultant, for itself, its assignees and
successors in interest (hereinafter referred to as the "contractor'') agrees as follows:
1. Compliance with Regulations
The contractor shall comply with the Regulations relative to non-discrimination in
federally assisted programs of United States Department of Transportation (USDOT), Title 49,
Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of
this contract.
2. Non-discrimination
The contractor, with regard to the work performed by it during the contract, shall not
discriminate on the grounds of race, color, sex, or national origin in the selection and retention
of sub-contractors, including procurement of materials and leases of equipment. The contractor
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5
of the Regulations, including employment practices when the contract covers a program set
forth in Appendix B of the Regulations.
3. Solicitations for Sub-contracts, Including Procurement of Materials and
Equipment
In all solicitations either by competitive bidding or negotiations made by the contractor
for work to be performed under a sub-contract, including procurement of materials or leases of
equipment, each potential sub-contractor or supplier shall be notified by the contractor of the
contractor's obligations under this contract and the Regulations relative to non-discrimination on
the grounds of race, color, sex, or national origin.
4. Information and Reports
The contractor shall provide all information and reports required by the Regulations or
directives issued pursuant thereto, and shall permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the contracting agency or the
appropriate federal agency to be pertinent to ascertain compliance with such Regulations,
orders and instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish this information, the contractor shall so
certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to
obtain the information.
5. Sanctions for Non-compliance
In the event of the contractor's non-compliance with the non-discrimination provisions of
this contract, the contracting agency shall impose such contract sanctions as it or the USDOT
may determine to be appropriate, including, but not limited to: Withholding of payments to the
contractor under the contract until the contractor complies, and/or; Cancellation, termination, or
suspension of the contract, in whole or in part
City of Federal Way
Le Residence Demolition
PWC ver 1-08
Page 30
6. Incorporation of Provisions
The contractor shall include the provisions of paragraphs (1) through (5) in every sub-
contract, including procurement of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The contractor shall take such action with
respect to any sub-contractor or procurement as the contracting agency or USDOT may direct
as a means of enforcing such provisions including sanctions for non-compliance. Provided,
however, that in the event a contractor becomes involved in, or is threatened with, litigation
with a sub-contractor or supplier as a result of such direction, the contractor may request
WSDOT enter into such litigation to protect the interests of the state and, in addition, the
contractor may request the USDOT enter into such litigation to protect the interests of the
United States.
City of Federal Way
Le Residence Demolition
PWC ver 1-08
Page 31
APPENDIX B
City of Federal Way
Le Residence Demolition
PWC ver 1-08
Page 32
State of Washington
DEPARTMENT OF LASOR AND INDUSTRIES
Prevailing Wage Section - Telephone (360) 902-5335
PO Box 44540, Olympia, WA 98504-4540
Washington State Prevailing Wage Rates For Public Works Contracts
The PREVAILING WAGES listed here indude both the hourly wage rate and the hourly rate of fringe benefits.
On public works projects. workers' wage and benefit rates must add to not less than this total. A brief description
of overtime calculation requirements is provided on the Benefit Code Key.
KING COUNTY
Effective 03--02--08
**********************************************************************************************************
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE Code Code Code
ASBESTOS ABATEMENT WORKERS
JOURNEY LEVEL $36.24 1H 50
BOILERMAKERS
JOURNEY lEVEL $33.32
BRICK AND MARBLE MASONS
JOURNEY LEVEL $43.75 1M 5A
CABINET MAKERS (IN SHOP)
JOURNEY LEVEL $16.67
CARPENTERS
ACOUSTICAL WORKER $43.91 1M 50
BRIDGE. DOCK AND WARF CARPENTERS $43.75 1M 50
CARPENTER $43.75 1M 50
CREOSOTEO MATERIAL $43.85 1M 50
DRYWALL APPLICATOR $43.79 1M 50
flOOR FINISHER $43.75 1M 50
FLOOR LAYER $43.75 1M 50
flOOR SANDER $43.75 1M 50
MILLWRIGHT AND MACHINE ERECTORS $44.75 1M 50
PILEDRIVERS. DRIVING. PULLING, PLACING COLLARS AND WELDING $43.95 1M 50
SAWFILER $43.75 1M 50
SHINGLER $43.75 1M 50
STATIONARY POWER SAW OPERA TOR $43.75 1M 50
STATIONARY WOODWORKING TOOLS $43.75 1M 50
CEMENT MASONS
JOURNEY LEVEL $44.58 1M 50
DIVERS & TENDERS
DIVER $85.75 1M 50 8A
DIVER TENDER $44.22 1M 50
DREDGE WORKERS
ASSISTANT ENGINEER $44.59 1T 50 8L
ASSISTANT MATE (DECKHAND) $44.08 1T 50 8l
BOATMEN $44.59 1T 50 8l
ENGINEER WELDER $44.64 1T 50 8L
LEVERMAN, HYDRAULIC $46.21 1T 50 8L
MAINTENANCE $44.08 1T 50 8L
MATES $44.59 1T 50 8l
OILER $44.21 1T 50 8L
DRYWALL TAPERS
JOURNEY LEVEL $43.59 1E 5P
ELECTRICAL FIXTURE MAINTENANCE WORKERS
JOURNEY LEVEL $18.69
Page 1
KING COUNTY
Effective 03-02-08
**********************************************************************************************************
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE ~ Code Code
ELECTRICIANS - INSIDE
CABLE SPLICER $55.05 1E SA
CABLE SPliCER (TUNNEl) $58.86 1E SA
CERTIFIED WELDER $53.16 1E SA
CERTIFIED WELDER (TUNNEL) $57.15 1E SA
CONSTRUCTION STOCK PERSON $28.83 1E SA
JOURNEY LEVEL $51.25 1E SA
JOURNEY LEVEL (TUNNEL) $55.05 1E SA
ELECTRICIANS - MOTOR SHOP
CRAFTSMAN $15.37 2A 6C
JOURNEY LEVel $14.69 2A 6C
ELECTRICIANS - POWERUNE CONSTRUCTION
CABLE SPLICER $56.53 4A SA
CERTIFIED LINE WELDER $51.64 4A 'SA
GROUNOPERSON $37.15 4A SA
HEAD GROUNDPERSON $39.19 4A SA
HEAVY LINE EQUIPMENT OPERATOR $51.64 4A SA
JACKHAMMER OPERATOR $39.19 4A SA
JOURNEY LEVel LINE PERSON $51.64 4A SA
LINE EQUIPMENT OPERA TOR $43.83 4A SA
POLE SPRAYER $51.64 4A SA
POWDERPERSON $39.19 4A SA
ELECTRONIC TECHNICIANS
ELECTRONIC TECHNICIANS JOURNEY LEVEL $31.00
ELEVATOR CONSTRUCTORS
MECHANIC $60.85 4A 6Q
MECHANIC IN CHARGE $66.25 4A 6Q
FABRICATED PRECAST CONCRETE PRODUCTS
ALL CLASSIFICATIONS $13.15 2K 58
FENCE ERECTORS
FENCE ERECTOR $18.71
FENCE LABORER $~2.77
FLAGGERS
JOURNEY LEVEL $31.01 1H 50
-GlAZIERS
JOURNEY LEVEL $43.76 1H SG
HEAT & FROST INSULATORS AND ASBESTOS WORKERS
MECHANIC $46.59 1S SJ
HEATING EQUIPMENT MECHANICS
MECHANIC $33.65
HOD CARRIERS & MASON TENDERS
JOURNEY LEVEL $36.75 1H 50
INDUSTRIAL ENGINE AND MACHINE MECHANICS
MECHANIC $15.65
INDUSTRIAL POWER VACUUM CLEANER
JOURNEY LEVEL $9.24
INlAND BOATMEN
CAPTAIN $38.87 1K 58
COOK $32.73 1K 58
DECKHAND $32.42 1K 58
ENGINEERlDECKHAND $35.20 1K 58
MATE, LAUNCH OPERATOR $36.85 1K 58
Page 2
KING COUNTY
Effective 03--02-08
**********************************************************************************************************
Classification
PREVAILING
WAGE
INSPECTIONlCLEANINGlSEAlING OF SewER & WATER SYSTEMS BY
REMOTE CONTROl
CLEANER OPERATOR, FOAMER OPERATOR
GROUT TRUCK OPERATOR
HEAD OPERATOR
TECHNICIAN
TV TRUCK OPERATOR
INSULATION APPLICATORS
JOURNEY lEVEL
IRONWORKERS
JOURNEY LEVel
LABORERS
ASPHALT RAKER
BALLAST REGULA TOR MACHINE
SA TCH WEIGHMAN
BRUSH CUTTER
BRUSH HOG fEEDER
BURNERS
CARPENTER TENDER
CASSION WORKER
CEMENT DUMPER/PAVING
CEMENT FINISHER TENDER
CHANGE-HOUSE MAN OR DRY SHACKMAN
CHIPPING GUN (OVER 30 LBS)
CHIPPING GUN (UNDER 30 LBS)
CHOKER SETTER
CHUCK TENDER
CLEAN.UP LABORER
CONCRETE DUMPER/CHUTE OPERATOR
CONCRETE FORM STRIPPER
CONCRETE SAW OPERATOR
CRUSHER FEEDER
CURING LABORER
DEMOLITION. WRECKING & MOVING (INCLUDING CHARRED MATERIALS)
DITCH DIGGER
DIVER
DRill OPERATOR (HYDRAULIC, DIAMOND)
DRILL OPERATOR, AIRTRAC
DUMPMAN
EPOXY TECHNICIAN
EROSION CONTROL WORKER
FALLERlBUCKER, CHAIN SAW
fiNAL DETAIL ClEANUP (i.e., dusting, vacuuming. window deaning; NOT
construction debris cleanup)
FINE GRADERS
fiRE WATCH
FORM SETTER
GABION BASKET BUILDER
GENERAL LABORER
GRADE CHECKER & TRANSIT PERSON
GRINDERS
GROUT MACHINE TENDER
$31.49
$11.48
$24.91
$19.33
$20.45
$43.75
$47.92
$36.75
$36.24
$31.01
$36.24
$36.24
$36.24
$36.24
$37.20
$36.75
$36.24
$36.24
$36.75
$36.24
$36.24
$36.24
$36.24
$36.75
$36.24
$36.75
$31.01
$36.24
$36.24
$36.24
$37.20
$36.75
$37.20
$36.24
$36.24
$36.24
$36.75
$28.45
$36.24
$31.01
$36.24
$36.24
$36.24
$36.75
$36.24
$36.24
Page 3
(See Benefit Code Key)
Over
Time Holiday Note
Code Code Code
1M 50
10 5A
1H 50
1H 50
1H 50
1H 50
1H 50
1H 50
1H 50
1H 50
1H 50
1H 50
1H 50
1H 50
1H 50
1H 50
1H 50
lH 50
1H 50
1H 50
1H 50
lH 50
1H 50
lH 50
lH 50
1H 50
1H 50
1H 50
1H 50
lH 50
lH 50
lH 50
lH 50
1H 50
lH 50
lH 50
1H 50
1H 50
lH 50
1H 50
1H 50
KING COUNTY
Effective 03-02-08
**********************************************************************************************************
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE Code Code Code
GUARDRAIL ERECTOR $36.24 lH 50
HAZARDOUS WASTE WORKER LEVEL A $37.20 lH 50
HAZARDOUS WASTE WORKER LEVEL B $36.75 lH 50
HAZARDOUS WASTE WORKER LEVEL C $36.24 lH 50
HIGH SCALER $37.20 lH 50
HOD CARRIERlMORTARMAN $36.75 lH 50
JACKHAMMER $36.75 lH 50
LASER BEAM OPERATOR $36.75 lH 50
MANHOLE BUILDER-MUoMAN $36.75 lH 50
MATERIAL Y AROMAN $36.24 lH 50
MINER $37.20 lH 50
NOZZLEMAN. CONCRETE PUMP, GREEN CUTTER WHEN USING HIGH $36.75 lH 50
PRESSURE AIR & WATER ON CONCRETE & ROCK. SANDBLAST.
GUNITE. SHOTCRETE. WATER BLASTER
PAVEMENT BREAKER $36.75 lH 50
PILOT CAR $31.01 lH 50
PIPE POT TENDER $36.75 lH 50
PIPE REllNER (NOT INSERT TYPE) $36.75 lH 50
PIPELAYER & CAULKER $36.75 lH 50
PIPElA YER & CAULKER (LEAD) $37.20 lH 50
PIPEWRAPPER $36.75 lH 50
POT TENDER $36.24 lH 50
POWDERMAN $37.20 lH 50
POWoERMAN HELPER $36.24 lH 50
POWERJACKS $36.75 lH 50
RAILROAD SPIKE PULLER (POWER) $36.75 1H 50
RE. TIMBERMAN $37.20 lH 50
RIP RAP MAN $36.24 lH 50
ROOOER $36.75 lH 50
SCAFFOLD ERECTOR $36.24 lH 50
SCALE PERSON $36.24 lH 50
SIGNALMAN $36.24 lH 50
SLOPER (OVER 20") $36.75 lH 50
SLOPER SPRAYMAN $36.24 lH 50
SPREADER (ClARY POWER OR SIMIlAR TYPES) $36.75 lH 50
SPREADER (CONCRETE) $36.75 lH 50
STAKE HOPPER $36.24 lH 50
STOCKPILER $36.24 lH 50
TAMPER & SIMIlAR ELECTRIC, AIR & GAS $36.75 lH 50
TAMPER (MULTIPLE & SELF PROPELLED) $36.75 lH 50
TOOLROOM MAN (AT JOB SITE) $36.24 lH 50
TOPPER-TAILER $36.24 lH 50
TRACK lABORER $36.24 lH 50
TRACK LINER (POWER) $36.75 lH 50
TRUCK SPOTTER $36.24 lH 50
TUGGER OPERATOR $36.75 lH 50
VIBRATING SCREED (AIR, GAS. OR ELECTRIC) $36.24 lH 50
VIBRATOR $36.75 lH 50
VINYL SEAMER $36.24 lH 50
WELDER $36.24 lH 50
WELL-POINT lABORER $36.75 lH 50
Page 4
KING COUNTY
Effective 03-02--08
**********************************************************************************************************
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE Code Code Code
LABORERS - UNDERGROUND SEWER & WATER
GENERAL LABORER $36.24 1H 50
PIPE LAYER $36.75 lH 50
LANDSCAPE CONSTRUCTION
IRRIGATION OR LAWN SPRINKLER INSTALLERS $13.56
LANOSCAPE EQUIPMENT OPERATORS OR TRUCK ORIVERS $28.17
LANOSCAPING OR PLANTING LABORERS $17.87
LATHERS
JOURNEY LEVEL $43.79 1M 50
METAL FABRICATION (IN SHOP)
FITTER $15.86
LABORER $9.78
MACHINE OPERATOR $13.04
PAINTER $11.10
WELDER $15.48
MODULAR BUILDINGS
CABINET ASSEMBLY $11.56
ELECTRICIAN $11.56
EQUIPMENT MAINTENANCE $11.56
PLUMBER $11.56
PROOUCTION WORKER $9.40
TOOL MAINTENANCE $11.56
UTILITY PERSON $11.56
WELDER $11.56
PAINTERS
JOURNEY LEVEL $33.94 28 5A
PLASTERERS
JOURNEY LEVEL $43.10 1R 58
PLAYGROUND & PARK EQUIPMENT INSTALLERS
JOURNEY LEVEL $8.42
PLUMBERS & PIPEFITTERS
JOURNEY LEVEL $57.34 1G SA
POWER EQUIPMENT OPERATORS
ASSISTANT ENGINEERS $42.14 1T 50 8L
BACKHOE. EXCAVATOR, SHOVEL (3 YO & UNDER) $44.92 1T 50 8L
BACKHOE. EXCAVATOR. SHOVEL (OVER 3 YO & UNDER 6 YO) $45.41 1T 50 8l
BACKHOE. EXCAVATOR. SHOVEL (6 YO AND OVER WITH $45.96 1T 50 8l
ATTACHMENTS)
BACKHOES. (75 HP & UNDER) $44.50 1T 50 aL
BACKHOES. (OVER 75 HP) $44.92 1T 50 al
BARRIER MACHINE (ZIPPER) $44.92 1T 50 aL
BATCH PLANT OPERA TOR. CONCRETE $44.92 1T 50 aL
BELT LOADERS (ELEVATING TYPE) $44.50 1T 50 aL
BOBCAT (SKID STEER) $42.14 1T 50 8L
BROOMS $42.14 1T 50 8L
BUMP CUTTER $44.92 1T 50 aL
CABLEWA YS $45.41 1T 50 aL
CHIPPER $44.92 1T 50 aL
COMPRESSORS $42.14 1T 50 8L
CONCRETE FINISH MACHINE _ LASER SCREEO $42.14 1T 50 8L
CONCRETE PUMPS $44.50 1T 50 8L
CONCRETE PUMP-TRUCK MOUNT WITH BOOM ATTACHMENT $44.92 1T 50 aL
Page 5
KING COUNTY
Effective 03-02-08
**********************************************************************************************************
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE Code Code Code
CONVEYORS $44.50 1T 50 8L
CRANES. THRU 19 TONS. WITH ATTACHMENTS $44.50 1T 50 8L
CRANES. 20 - 44 TONS. WITH ATTACHMENTS $44.92 1T 50 aL
CRANES. 45 TONS - 99 TONS. UNDER 150 FT OF BOOM (INCLUDING JIB $45.41 1T 50 aL
WITH ATACHMENTS)
CRANES. 100 TONS -199 TONS. OR 150 FT OF BOOM (INCLUDING JIB $45.96 1T 50 8L
WITH ATTACHMENTS)
CRANES. 200 TONS TO 300 TONS. OR 250 FT OF BOOM (INCLUDING JIB $46.53 1T 50 8L
WITH ATTACHMENTS)
CRANES, A-FRAME, 10 TON AND UNDER $42.14 1T 50 aL
CRANES. A-FRAME, OVER 10 TON $44.50 1T 50 8L
CRANES. OVER 300 TONS. OR 300' OF BOOM INCLUDING JIB WITH $47.09 1T 50 8L
ATTACHMENTS
CRANES. OVERHEAD. BRIDGE TYPE ( 20 . 44 TONS) $44.92 1T 50 8l
CRANES. OVERHEAD, BRIDGE TYPE ( 45 . 99 TONS) $45.41 1T 50 al
CRANES, OVERHEAD. BRIDGE TYPE (100 TONS & OVER) $45.96 1T 50 al
CRANES. TOWER CRANE UP TO 175' IN HEIGHT. BASE TO BOOM $45.96 1T 50 aL
CRANES. TOWER CRANE OVER 175' IN HEIGHT, BASE TO BOOM $46.53 1T 50 al
CRUSHERS $44.92 1T 50 al
DECK ENGINEERJOECK WINCHES (POWER) $44.92 1T 50 al
DERRICK. BUILDING $45.41 1T 50 al
DOZERS. 0--9 & UNDER $44.50 1T 50 8l
DRILL OILERS - AUGER TYPE. TRUCK OR CRANE MOUNT $44.50 1T 50 al
DRILLING MACHINE $44.92 1T 50 al
ELEVATOR AND MANlIFT. PERMANENT AND SHAFT-TYPE $42.14 1T 50 aL
EQUIPMENT SERVICE ENGINEER (OilER) $44.50 1T 50 8t
FINISHING MACHINE/BIDWEll GAMACO AND SIMILAR EQUIP $44.92 1T 50 8L
FORK LIFTS. (3000 lBS AND OVER) $44.50 1T 50 8L
FORK LIFTS, (UNDER 3000 LBS) $42.14 1T 50 aL
GRADE ENGINEER $44.50 1T 50 8L
GRAOECHECKER AND ST AKEMAN $42.14 1T 50 8L
GUARDRAIL PUNCH $44.92 1T 50 aL
HOISTS, OUTSIDE (ELEVATORS AND MANlIFTS). AIR TUGGERS $44.50 1T 50 aL
HOR1Z0NTAUOIRECTIONAL DRILL LOCATOR $44.50 1T 50 aL
HORIZONTAUDIRECTlONAL DRilL OPERATOR $44.92 1T 50 aL
HYDRAUFTSIBOOM TRUCKS (10 TON & UNDER) $42.14 1T 50 aL
HYORAlIFTSIBOOM TRUCKS (OVER 10 TON) $44.50 1T 50 8L
LOADERS. OVERHEAO (6 YO UP TO a YO) $45.41 1T 50 8l
LOADERS. OVERHEAO (8 YO & OVER) $45.96 1T 50 8l
LOADERS, OVERHEAD (UNDER 6 YO). PLANT FEED $44.92 1T 50 8L
lOCOMOTIVES, ALL $44.92 1T 50 8L
MECHANICS, All $45.41 1T 50 8L
MIXERS, ASPHALT PLANT $44.92 1T 50 8l
MOTOR PATROL GRADER (FINISHING) $44.92 1T 50 aL
MOTOR PATROL GRADER (NON-FINISHING) $44.50 1T 50 8l
MUCKING MACHINE, MOLE, TUNNEL DRill ANDIOR SHIELD $45.41 1T 50 at
Oil DISTRIBUTORS. BLOWER DISTRIBUTION AND MULCH SEEDING $42.14 1T 50 aL
OPERATOR
PAVEMENT BREAKER $42.14 1T 50 aL
PILEDRIVER (OTHER THAN CRANE MOUNT) $44.92 1T 50 al
PLANT OILER (ASPHALT. CRUSHER) $44.50 1T 50 aL
POSTHOLE DIGGER, MECHANICAL $42.14 1T 50 8L
POWER PLANT $42.14 1T 50 aL
Page 6
KING COUNTY
Effective 03-02-08
.*********************************************************************************************************
(See Benefil Code Key)
Over
PREVAILING Time Holiday Nole
Classification WAGE Code Code Code
PUMPS. WATER $42.14 1T 50 8L
QUAD 9. 0-10. AND HO-41 $45.41 1T 50 8L
REMOTE CONTROL OPERATOR ON RUBBER TIRED EARTH MOVING $45.41 1T 50 8L
EaUIP
RIGGER AND BELLMAN $42.14 1T 50 8L
ROLLAGON $45.41 1T 50 8L
ROLLER. OTHER THAN PLANT ROAD MIX $42.14 1T 50 8L
ROLLERS, PLANTMIX OR MUL TIUFT MATERIALS $44.50 1T 50 8L
ROTO-MILL. ROTO-GRINOER $44.92 1T 50 8L
SAWS. CONCRETE $44.50 1T 50 8L
SCRAPERS. SelF PROPELLED, HARD TAIL END DUMP. ARTICULATING $44.92 1T 50 8L
OFF-ROAD EQUIPMENT ( UNDER 45 YO)
SCRAPERS - SelF PROPELLED, HARD TAIL END DUMP. ARTICULATING $45.41 1T 50 8L
OFF-ROAD EQUIPMENT (45 yo AND OVER)
SCRAPERS. CONCRETE AND CARRY ALL $44.50 1T 50 8L
SCREED MAN $44.92 1T 50 8L
SHOTCRETE GUNITE $42.14 1T 50 8L
SUPFORM PAVERS $45.41 1T 50 8L
SPREADER. TOPSIDE OPERATOR. BLAW KNOX $44.92 1T 50 8L
SUBGRADE TRIMMER $44.92 1T 50 8L
TOWER BUCKET ELEVATORS $44.50 1T 50 8L
TRACTORS. (75 HP & UNDER) $44.50 1T 50 8L
TRACTORS. (OVER 75 HP) $44.92 1T 50 8L
TRANSFER MATERIAL SERVICE MACHINE $44.92 1T 50 8L
TRANSPORTERS. ALL TRACK OR TRUCK TYPE $45.41 1T 50 8L
TRENCHING MACHINES $44.50 1T 50 8L
TRUCK CRANE OILER/DRIVER (UNDER 100 TON) $44.50 1T 50 8L
TRUCK CRANE OILER/DRIVER (100 TON & OVER) $44.92 1T 50 8L
TRUCK MOUNT PORT ABLE CONVEYER $44.92 1T 50 8L
WHEEL TRACTORS. FARMALL TYPE $42.14 1T 50 8L
YO YO PAY DOlER $44.92 1T 50 8L
POWER EQUIPMENT OPERA TORS- UNDERGROUND SEWER & WATER
(SEE POWER EaUIPMENT OPERATORS)
POWER LINE CLEARANCE TREE TRIMMERS
JOURNEY LEVel IN CHARGE $37.61 4A 5A
SPRA Y PERSON $35.73 4A 5A
TREE EQUIPMENT OPERA TOR $36.19 4A 5A
TREE TRIMMER $33.68 4A 5A
TREE TRIMMER GROUNDPERSON $25.43 4A 5A
REFRIGERATION & AIR CONDITIONING MECHANICS
MECHANIC $55.41 lG 5A
RESIDENTIAL BRICK & MARBLE MASONS
JOURNEY LEVEL $27.05
RESIDENTIAL CARPENTERS
JOURNEY LEVEL $23.4 7
RESIDENTIAL CEMENT MASONS
JOURNEY LEVEL $22.64
RESIDENTIAL DRYWAll TAPERS
JOURNEY LEVel $43.59 lE 5P
RESIDENTIAL ELECTRICIANS
JOURNEY LEVEL $26.24
RESIDENTIAL GlAZIERS
JOURNEY LEVEL $31.99 1H 5G
Page 7
KING COUNTY
Effective 03--02-08
**********************************************************************************************************
Classification
RESIDENTIAl INSULA TION APPLICATORS
JOURNEY LEVEL
RESIDENTIAL LABORERS
JOURNEY LEVEL
RESIDENTIAL PAINTERS
JOURNEY LEVEL
RESIDENTIAL PLUMBERS & PIPEFITTERS
JOURNEY LEVEL
RESIDENTIAL REFRIGERATION & AIR CONDITIONING MECHANICS
JOURNEY LEVEL
RESIDENTIAl SHEET METAL WORKERS
JOURNEY LEVEL (FIELD OR SHOP)
RESIDENTIAL SOFT FLOOR LAYERS
JOURNEY LEVEL
RESIDENTIAL SPRINKLER FITTERS (FIRE PROTECTION)
JOURNEY LEVEL
RESIDENTIAL TERRAZZOfTILE FINISHERS
JOURNEY LEVEL
RESIDENTIAL TERRAZZOmlE SETTERS
JOURNEY LEVEL
ROOFERS
JOURNEY LEVEL
USING IRRITABLE BITUMINOUS MATERIALS
SHEET METAL WORKERS
JOURNEY LEVEL {FIELD OR SHOP)
SHIPBUILDING & SHIP REPAIR
BOILERMAKER
CARPENTER
ELECTRICIAN
HEAT & FROST INSULATOR
LABORER
MACHINIST
OPERA TOR
PAINTER
PIPEFITTER
RIGGER
SANDBLASTER
SHEET METAL
SHIPFITTER
TRUCKER
WAREHOUSE
WELDERJBURNER
SIGN MAKERS & INSTALLERS (ELECTRICAl)
SIGN INSTALLER
SIGN MAKER
SIGN MAKERS & INSTALLERS (NON-ELECTRICAL)
SIGN INSTALLER
SIGN MAKER
SOFT FLOOR LAYERS
JOURNEY lEVEL
SOLAR CONTROLS FOR WINDOWS
JOURNEY LEVEL
Page 8
PREVAILING
WAGE
$17.60
$18.12
$18.36
$22.95
$55.41
$19.48
$36.08
$31.01
$26.30
$41. 96
$36.78
$39.78
$51.97
$31 .46
$30.74
$30.37
$46.59
$2926
$30.29
$30.22
$32.34
$3022
$30.33
$30.22
$30.48
$30.32
$30.17
$30.20
$30.32
$22.92
$21.36
$27.28
$33.25
$36.08
$12.44
(See Benefit Code Key)
Over
Time
Code
Holiday
Code .
1G
SA
18
SA
1B
SC
1M SA
1R SA
1R SA
1E 6L
1H 6W
1B 6X
18 6X
1S SJ
18 6X
1B 6X
lB 6X
18 6X
1B 6X
lB 6X
1B 6X
1B 6X
1B 6X
1B 6X
1B 6X
1B 6X
1B
SA
SS
Note
Code
KING COUNTY
Effective 03..Q2-08
**********************************************************************************************************
Classification
PREVAILING
WAGE
SPRINKLER FITTERS (FIRE PROTECTION)
JOURNEY LEVEL
STAGE RIGGING MECHANICS (NON STRUCTURAL)
JOURNEY LEVEL
SURVEYORS
CHAIN PERSON
INSTRUMENT PERSON
PARTY CHIEF
TELECOMMUNICATION TECHNICIANS
TELECOMMUNICATION TECHNICIANS JOURNEY LEVEL
TELEPHONE LINE CONSTRUCTION - OUTSIDE
CABLE SPLICER
HOLE DIGGER/GROUND PERSON
INSTALLER (REPAIRER)
JOURNEY LEVEL TELEPHONE L1NEPERSON
SPECIAL APPARATUS INSTALLER I
SPECIAL APPARATUS INSTALLER II
TelEPHONE EQUIPMENT OPERATOR (HEAVY)
TelEPHONE EQUIPMENT OPERATOR (LIGHT)
TELEVISION GROUND PERSON
TELEVISION L1NEPERSONIINSTALLER
TELEVISION SYSTEM TECHNICIAN
TELEVISION TECHNICIAN
TREE TRIMMER
TERRAZZO WORKERS & TILE SETTERS
JOURNEY LEVel
TILE. MARBLE & TERRAZZO FINISHERS
FINISHER
TRAFFIC CONTROL STRIPERS
JOURNEY LEVEL
TRUCK DRIVERS
ASPHALT MIX ( TO 16 YARDS)
ASPHAL T MIX (OVER 16 YARDS)
DUMP TRUCK
DUMP TRUCK & TRAILER
OTHER TRUCKS
TRANSIT MIXER
WELL DRILLERS & IRRIGATION PUMP INSTALLERS
IRRIGATION PUMP INSTALLER
OILER
WELL DRILLER
$55.64
$13.23
$9.35
$11.40
$13.40
$22.76
$30.66
$17.19
$29.41
$28.53
$30.66
$30.05
$30.66
$28.53
$1631
$21.68
$35.78
$23.19
$28.53
$41.96
$35.79
$36.40
$41.19
$41.90
$41.19
$41.90
$41.90
$23.45
$17.71
$12.97
$18.00
Page 9
(See Benefit Code Key)
Over
Time
Code
Holiday
Code
Note
Code
1X
5C
28 5A
28 5A
2B 511.
28 5A
2B 5A
2B 5A
28 5A
28 5A
28 5A
28 5A
28 5A
28 5A
28 5A
1M 5A
1B SA
1K SA
1T 50 8L
1T 50 8L
1T 50 8L
1T 50 8L
1T 50 8L
1
APPENDIX C
(ATTACH WARRANTIES)
City of Federal Way
Le Residence Demolition
PWC ver l-08
Page 33
G:\LAWFORMS\City-wide\Public Works Contract
Update 12/07
City of Federal Way
Le Residence Demolition
PWC ver 1-08
Page 34
WBE W2F5912535
Report Date: January 8, 2008
City of Federal Way
Attn: Greg Vavse
P.O. Box 9718
Federal Way, WA 98063
Executive Summary
RE: Asbestos Survey Report - 32821 - 42"d Ave. SW; Federal Way, WA-
ORION Project # 080015
Dear Mr. Vavse:
On January 2, 2008 under an agreement with your organization, we performed a asbestos
survey on the partially burnt residential structure located at 32821 - 42"d Avenue South West in
Federal Way, Washington. At your request, the purpose of this survey was to ascertain the
existence of asbestos containing materials of the residential structure, as well as providing
characterization and quantities. This structure is a two-story, wood construction on concrete
foundation with a basement. Area size of this structure was estimated at approximately 2,400
square feet of floor space. The structure was built during the 1980s. The exterior finishes
consist of wood siding, slip sheeting and three-tab roofing. The interior finishes consist of vinyl
tile, insulation, wallboard and slip sheeting. The lighting consists of incandescent lighting and
the structure has gas forced air heating. This survey was performed in conformance with
procedures and methods outlined in applicable federal, state, and local regulations.
This survey was performed by an accredited AHERA Building Inspector Ronald Coleman
(ABIR-NES-08-010; Expiration Date: June 26,2008).
Investigating Protocol and Findings
All samples were homogenized, collected, processed, and analyzed for content by Polarized
Light Microscopy. AHERA protocol provides guidance for the number of samples of each
material to be collected depending on its category and amount of material present. The goal of
AHERA is to ensure statistically reliable data and it accomplishes this by requiring or suggesting
a minimum number of samples to be collected, and in some cases, by using random sampling
techniques to determine sampling locations.
Building materials that contain asbestos fibers in the amounts greater than 1 percent (1%) is
regulated by the Occupational Safety and Health Administration (OSHA) and Puget Sound
Clean Air Agency. Material(s) meeting this criterion are noted in the table below:
34004 9th Avenue South. Building A, Suite 5. Federal Way, Washington 98003
Telephone (253) 952-6717 . Facsimile (253) 9274714
Suspect Inventory (Positive)
Surface Material 1 (SM1)
Material Description: Popcorn Ceiling Texture; Friable
Material Location: Material located throughout the Structure on
Wallboard.
RanQe Asbestos Content: 2 - 3 % Chrysotile Fibers.
Estimated Quantity: Approximately 2,160 square feet.
Recommendation: Remove prior to demolition.
Sample Numbers
. 32821-01
. 32821-02
. 32821-03
Contractors should perform a site visit to validate the location, amount and difficulty of removal
for any given material.
Suspect materials processed and found non-detect or containing < 1 % for containing asbestos
are listed in the table below:
Suspect Material Inventory (Negative)
Wall System 1 (WS1)
Slip Sheeting 1 (SS1)
Insulation 1 (INS1)
Insulation 2 (INS2)
Insulation 3 (INS3)
Vinyl Tile 1 (VT1)
Roofing Material 1 (RM1)
Surface Material 2 (SM2)
Miscellaneous 1 (MISC1)
Miscellaneous 2 MISC2
Wallboard; Associated Texture
Building Paper
Attic Insulation
Brown Insulation
Yellow Insulation
Light Brown and Tan 12" x 12" Self-Adhesive Vinyl Tile
Three-Tab Roofing; Associated Building Paper
Wall Texture
Ceramic Tile Mortar
Ceramic Wall Tile Mortar
Negative for ACM Table
Orion Environmental Report #080015
32821 - 42nd Ave SW.; Federal Way, WA
January 8, 2008
Page 2 of 4
Please note that should additional materials (not referenced in this report) be discovered as a
result of remodeling or demolition, they are to be presumed asbestos containing unless
subsequent sampling by an accredited inspector proves otherwise.
Inaccessible Locations
ORION Environmental Services cannot make statements as to the potential presence or
absence of asbestos containing materials in inaccessible areas or areas not considered.
Disclaimer
ORION Environmental Services has conducted a survey for asbestos containing materials of
the partially burnt residential structure located at 32821 - 420d Avenue South West in Federal
Way, Washington in conformance with the requirements established by the United States
Environmental Protection Agency and the Occupational Safety and Health Administration prior
to the engagement of renovation or demolition of the building. The sampling strategy and
analytical method employed conform to existing and enforceable standards and methods.
This Executive Summary of the investigation performed at the subject site is intended to
describe asbestos containing materials with the potential of being impacted. We represent that
our services were performed within the limits prescribed by applicable regulations and in a
manner consistent with the level of care and skill ordinarily exercised by other professional
consultants under similar circumstances. No other representation is made to the client,
expressed or implied, and no warranty or guarantee is included or intended.
The opinions presented herein apply to the site conditions existing at the time of our
investigation, and interpretation of current regulations pertaining to asbestos containing
material. Therefore, our opinions and recommendations may not apply to future conditions that
may exist at the site we have not had the opportunity to evaluate. Future regulations pertaining
to these materials may impose stricter restrictions on renovation or demolition work. The
regulations should always be verified prior to any work involving these materials. The inspector
is not held responsible or liable for any repairs or replacements with regards to this property,
systems, components, or the contents therein. The acceptance of this report by the client
acknowledges the client's agreement to all of the terms and conditions of the inspection
contract.
ORION retains active copies of reports for a period of not less than one year. Retained copies
of reports, field data, field notes, laboratory test data, calculations, estimates, and other
documents prepared by ORION as instruments of service, shall remain the property of ORION.
Other than the Client, other agencies of the U.S. Federal Government, and the Owner, reports
submitted with respect to services performed under this contract may not be extended to third
parties without prior written consent.
Orion Environmental Report #080015
32821 - 42nd Ave SW.; Federal Way, WA
January 8,2008
Page 3 of 4
Questions concerning this Executive Summary may be addressed the undersigned. Thank you
for the opportunity to serve you. I hope we can be of assistance to you on future projects. If
there is anything additional I can do to expedite your operation, please do not hesitate to let me
know.
Professionally Yours,
ORION Environmental Services, Inc
Building Inspector
Reviewer
~~o/
AHERA Building Inspector
ORION Environmental Services
r;J n~=-
Donna McNeal
AHERA Building Inspector, CEO
ORION Environmental Services
Orion Environmental Report #080015
nd
32821 - 42 Ave SW.; Federal Way, WA
January 8, 2008
Page 4 of 4
,~ Federal Way
MEMORANDUM
To: Land Use/Transportation Committee (LtJTC)
From: Greg Vause, Code Compliance Officer
Subject: Demolition Bid for Le Residence
Date: March 31, 2008
On February 13, 2008, the City of Federal Way Improvement Officer held a hearing and
determined that the Le house (located at 32821 42nd Avenue SW) meets the city's
definition under Federal Way City Code 1-30, "Unfit Building," and should be
demolished. On March 21 S\ the city opened the bids on the RFQ. The lowest responsive,
responsible bidder is Hoffman Construction Inc., with a total bid of$34,044.32.
Reference checks on Hoffman Construction by city staff indicated that this contractor has
performed similar work in the past. As a result, city staff believes Hoffman Construction
can successfully complete this project to the city's satisfaction. Therefore the lowest
responsive, responsible bidder is Hoffman Construction in the amount of $34,044.32.
1:\CCOIcase moiLS DEMOI033 I 2008 memo to collncil.doc
COUNCIL MEETING DATE: April 15, 2008
..._._...__._____~!~~...~:__.s_<i_
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: South 320tb Schedule 74 Undergrounding Agreement with PSE and Reimbursement Contract
with Quadrant Corporation
POLICY QUESTION: Should the Council authorize staff to enter into a Schedule 74 Undergrounding Agreement with
Puget Sound Energy and a Reimbursement Contract with Quadrant Corporation for the undergrounding of the overhead
utilities on S 320tli Street?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: April 7, 2008
CATEGORY:
[8J Consent
o City Council Business
o Ordinance
o Resolution
Public Hearing
~_!~F:!'_~~2~!1JY-=-M~~!l_~~l-'9!:!'!l,~:~:...~.!~~~!_~y-'ste~_~.:l.!l~g~r._
Attachments:
1. Memo to Land Use / Transportation Committee dated April 7, 2008.
2. Draft South 320th Undergrounding Reimbursement Contract with Quadrant Corporation
3. Schedule 74 agreements with PSE
Options Considered:
I. Authorize staff to enter into a Schedule 74 Undergrounding Agreement with Puget Sound Energy and a
Reimbursement Contract with Quadrant Corporation for the undergrounding of the overhead utilities on S
320th Street
2. Do not authorize staff to proceed and provide direction to staff.
CITY MANAGER ApPROVAL:
DIRECTOR ApPROVAL: t7wt ~
to Committee To CoUlrcil
COMMITTEE RECOMMENDATION: Place Option 1 on the April 15. 2008 Council Consent Agenda for approval
~<~
Linda Kochmar, Chair
~~
Dini Duclos, Member
PROPOSED COUNCIL MOTION: "[ move to orize stafJto enter into a Schedule 74 Undergrounding Agreement
with Puget Sound Energy and a Reimbursement Contract with Quadrant Corporation for the under grounding of the
overhead utilities on S 32dh Street. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACfION:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINO ACfION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/0612006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
April 7. 2008
Land Use and Transportation Committee
Cary M. Roe, P.E., Assistant City Manager, Chief
Marwan Salloum, P. E. Street Systems Manager
South 320th Schedule 74 Undergrounding Agreement with PSE and Reimbursement
Contract with Quadrant Corporation
perations Officer, Emergency Manager ~
BACKGROUND:
Quadrant is in the process of developing a Small Lot Demonstration project that abuts the South 320th Street Right
of Way between 32nd Ave South and the west property line of the South King Fire and Rescue Station #64.
Quadrant's project is a demonstration project that takes advantage of a new type of zoning regulation in the City
(Small Lot Detached Dwelling Units). The City has authorized demonstration projects such as this to show the
utility ofthe new zoning regulations with the hope that it will provide additional options to encourage affordable
density in a single family residential setting. Quadrant's Project would normally be required to underground the
12.5 KV local power distribution line and other overhead utilities along the north margin of South 320th Street
fronting the property. The cost of the undergrounding requirement could potentially mean that Quadrant's project
would not be able to proceed or be completed as planned.
The City has identified the undergrounding of the overhead utility distribution lines along South 320th Street as
part of the S 320th Street HOV Project (1-5 to Peasley Canyon Road) on the City's Capital Improvement Plan, to
be implemented upon appropriation of funding. It is in the City's and the public interest to underground the
overhead utility distribution lines in this area. It is also in the City's interest for the Small Lot Demonstration
project to proceed in order to demonstrate the value and utility of the new zoning regulations, which are designed
to en~ourage more affordable housing and provide more residential options in higher density zones to help meet
the City's density requirements.
The City has the authority to enter into a Schedule 74 underground Conversion agreements with Puget Sound
Energy ("PSE") under PSE's Electric Tariff G, through which PSE would bear some of the cost of
undergrounding its local power distribution lines. PSE has no objection to this.
Quadrant desires that the City enter into a Schedule 74 agreement (see attached copy) for the Quadrant Segment
with assurances that Quadrant will reimburse the City for any City incurred costs resulting or associated with
Schedule 74 agreements or the project that results from it, in order to reduce the costs associated with Quadrant's
project and ensure its viability. The City desires to enter into the Schedule 74 agreements with Quadrant's
assurances of this reimbursement to ensure that the power distribution lines are undergrounded and thatthe Small
Lot Demonstration project succeeds.
cc: Project File
k:\lutc\2008\04-07-08 Quadrant S320th st. undergrounding reimbursement Agreement.doc
CONTRACT
FOR
SOUTH 320TH UNDERGROUNDING REIMBURSEMENT
THIS CONTRACT ("Contract") is dated effective this _ day of , 200_
and is made by and between the City of Federal Way, a Washington municipal corporation
("City"), and The Quadrant Corporation, a Washington corporation ("Quadrant").
A. Quadrant is in the process of developing a Small Lot Demonstration project
("Quadrant's Project") that abuts the SDuth 320th Street Right of Way between 32nd Ave South
and the West property line of the South King Fire and Rescue Station #64 in Federal Way,
Washington ("Property''). Quadrant's Project is a demonstration project that takes advantage of
a new type of zoning regulation in the City of Federal Way (Small Lot Detached Dwelling Units).
Quadrant's Project would normally be required to underground the 12.5 KV local power
distribution line along the north margin of South 320th Street fronting the Property ("Quadrant
Segment''). The cost of this requirement could potentially mean that Quadrant's Project would
not be able to proceed or be completed as planned.
B. The City of Federal Way has identified the undergrounding of the local power
distribution line along South 320th Street as part of the S320th Street HOV Project (1-5 to
Peasley Canyon Road) on the City's Capital Improvement Plan, to be implemented upon
designation of funding. It is in the City's and the public interest to underground the local power
distribution line in this area. It is also in the City's interest for the Small Lot Demonstration
project to proceed in order to demonstrate the value and utility of the new zoning regulations,
which are designed to encourage more affordable housing and provide mDre residential options
in higher density zones to help meet the City's density requirements.
C. Puget Sound Energy ("PSE'') has a Franchise to operate an electrical power
distribution system within the City of Federal Way. The City has the authority to enter into a
Schedule 74 agreement with PSE under PSE's Electric Tariff G, through which PSE would bear
some of the cost of undergrounding its local power distribution line.
D. Quadrant desires that the City enter into a Schedule 74 agreement for the Quadrant
Segment with assurances that Quadrant will reimburse the City for any City incurred costs
resulting or associated with that agreement or the project that results from it, in order to
reduce the costs associated with Quadrant's Project and ensure its viability. The City desires to
enter into the Schedule 74 agreement with Quadrant's assurances of this reimbursement to
ensure that the power distribution line is undergrounded and that the Small Lot Demonstration
project succeeds.
NOW, THEREFORE, the City and Quadrant ("Parties'') agree to the following terms and
conditions:
1. CITY'S OBLIGATIONS
The City agrees within 14 days after the mutual execution of this Contract to notify PSE
that an underground distribution system is required on the Quadrant Segment under Schedule
74 of PSE's Electric Tariff G. The City further agrees to initiate at that time the process that will
expeditiously lead to entering into a Project Design Agreement and a Project Construction
Agreement under Schedule 74 of PSE's Electric Tariff G (collectively, "Schedule 74 Agreement'')
with PSE to underground the 12.5 KV local power distribution line on the Quadrant Segment.
The Schedule 74 Agreement will be substantially in the forms attached to this Contract as
Exhibit A with Attachments A and B.
2. QUADRANT'S OBLIGATIONS
2.1 Quadrant agrees to reimburse the City for all of the costs actually incurred by the
City as a result of the City entering into the Schedule 74 agreement ("Costs'). Costs include,
but are not limited to, costs of design, construction, legal services, engineering, planning,
administrative, and associated costs incurred by the City of Federal Way resulting from the City
entering into the Schedule 74 agreement, including City staff costs or work performed by the
City including any such costs not covered by the Schedule 74 Agreement. Costs also include,
but are not limited to, costs associated with Schedule 74 Section 2.b, including costs associated
with power distribution lines located outside a public thoroughfare or located pursuant to rights
not derived from a franchise or pursuant to rights not otherwise granted by the City, less any
portion paid by PSE; costs associated with any cancellation of the Schedule 74 Agreement;
costs associated with any installation or removal of facilities installed to provide temporary
service; costs associated with obtaining rights to underground or install facilities required to be
installed outside the public thoroughfare; costs associated with any trenching and restoration
and job coordination required for installation of the underground distribution system; costs
associated with any surveying for alignment and grades of vaults and 'ducts. It is contemplated
that a portion of the work covered by the Schedule 74 Agreement will be perfDrmed by
Quadrant; Costs under this Contract shall include costs, within the categories described in this
Section 2, of such work by Quadrant.
2.2 Quadrant will also pay all costs of undergrounding all other franchise utilities
currently collocated with the PSE power distribution line, including, but not limited to, design,
construction, and any associated costs. These other costs will be paid directly by Quadrant and
will not be incurred by the City.
3. PROCEDURE FOR REIMBURSEMENT
3.1 Phase 1 Estimated Costs. The City and Quadrant have agreed on an estimate of
design and engineering Costs, together with related City administrative Costs (collectively,
"Phase 1 Costs'). The estimated amount of Phase 1 Costs ("Phase 1 Estimated Costs') is
$80,000. Within 5 business days after the mutual execution of this Contract, Quadrant shall
deposit such amount into an account designated by the City.
3.2 Phase 2 Estimated Costs. Construction Costs and any other Costs not included
within the categDries of Phase 1 Costs, including related City administrative Costs, are referred
to collectively as "Phase 2 Costs." On the date of this Contract, the Parties anticipate that Phase
2 Costs will total around $240,000, but both Parties acknowledge that that amount will change
as planning proceeds. The City and Quadrant, both acting reasonably, shall use diligent efforts
to reach an agreement on estimated Phase 2 Costs ("Phase 2 Estimated Costs') no later than
the execution of the Schedule 74 Construction Agreement, as described in Section 1. Within 20
days after their agreement on Phase 2 Estimated Costs, Quadrant shall deposit into an account
designated by the City the amount of the Phase 2 Estimated Costs.
3.3 Actual vs. Estimated Costs. The City agrees to keep accurate records concerning
Costs, incurred under the Schedule 74 Agreement and otherwise. If the actual Costs exceed
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South 320th Undergrounding Reimbursement Contract
the estimate, Quadrant agrees to deposit the amount of the excess on a monthly basis, within
30 days of receipt of a voucher or invoice from the City, itemizing the costs incurred in
reasonable detail against the relevant agreed estimate. To the extent the actual Phase 1 Costs
are less than Phase 1 Estimated Costs, the excess shall be held by the City and applied to any
overruns of Phase 2 Costs. To the extent that Phase 1 Costs and Phase 2 Costs in the
aggregate are less than Phase 1 and Phase 2 Estimated Costs, the City will reimburse Quadrant
upon the conclusion of the undergrounding project, no later than when the final payment is
required to be made under Section 7(e) of the Schedule 74 Project Construction Agreement.
The City and Quadrant will each be entitled to receive all information concerning the
undergrounding project and Schedule 74 Agreement that is received by either of them. In
addition, the City shall from time to time on request of Quadrant provide a reasonable detailed
accounting of all Costs incurred to date, reconciled against the relevant agreed estimate.
4. INDEMNIFICATION
4.1 Ouadrant Indemnification. Quadrant agrees to indemnify, defend, and hold the City,
its elected officials, officers, employees, agents, and volunteers harmless from any and all
claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by
any and all persons or entities, including, without limitation, their respective employees, agents,
licensees, or representatives, arising from, resulting from, or connected with this Contract to
the extent caused by the negligent acts, errors or omissions of Quadrant, its partners,
shareholders, agents, or employees, or by Quadrant's breach of this Contract. For the sole
purpose of giving effect to the foregoing indemnity, and only to the extent necessary for that
purpose, Quadrant waives any immunity that may be granted to it under the Washington State
Industrial Insurance Act, Title 51 RCW. Quadrant's indemnification shall not be limited in any
way by any limitation on the amount of damages, compensation or benefits payable to or by
any third party under workers' compensation acts, disability benefit acts or any other benefits
acts or programs.
4.2 City Indemnification. The City agrees to indemnify, defend, and hold Quadrant, its
officers, directors, shareholders, partners, employees, and agents harmless from any and all
claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any
and all persons or entities, including without limitation, th~ir respective employees, agents,
licenses, or representatives, arising from, resulting from or connected with this Contract to the
extent caused by the negligent acts, errors, or omissions of the City, its employees or agents.
The City's indemnification shall not be limited in any way by any limitation on the amount of
damages, compensation or benefits payable to or by any third party under workers'
compensation acts, disability benefit acts or any other benefits acts or programs.
4.3 Survival. The provisions of this Section shall survive the expiration or termination of
this Contract with respect to any event occurring prior to such expiration or termination.
5. INDEPENDENCE
It is the intention and understanding of the Parties that each shall be independent of the
other and not agents of the other, and that neither is liable nor obligated to pay the other or
the other's employee's sick leave, vacation payor any other benefit of employment, nor to pay
any social security or other tax which may arise as an incident of employment. No joint venture
is intended to be created. PSE is likewise an independent third party entity and not an agent of
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South 320th Undergrounding Reimbursement Contract
either Party. The City does not warrantee, guarantee, or indemnify against any act or omission
of PSE.
6. GENERAL PROVISIONS
6.1 Entire Contract. This Contract, including the Exhibit, contains all of the agreements
of the Parties with respect to any matter covered or mentioned in this Contract and no prior
agreements or understandings pertaining to any such matters shall be effective for any
purpose.
6.2 Modification. No provIsions of this Contract, including this provISion, may be
amended or added to except by agreement in writing signed by the Parties or their respective
successors in interest.
6.3 Full Force and Effect. Any provision of this Contract, which is declared invalid, void
or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other
provisions shall remain in full force and effect.
6.4 Assignment. Quadrant shall not transfer or assign, in whole or in part, any or all of
its obligations and rights hereunder without the prior written consent of the City. In the event
the City consents to any such assignment or transfer, such consent shall in no way release
Quadrant from any of its obligations or liabilities under this Contract.
6.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be
binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns.
6.6 Attorney Fees. In the event of any litigation, arbitration or other proceeding arising
out of or brought to enforce or interpret this Contract, the substantially prevailing party therein
shall be entitled to an award of its reasonable attorneys' fees incurred therein, in the
preparation therefor, and on any appeal or rehearing thereof. The venue for any dispute related
to this Contract shall be King County, Washington.
6.7 No Waiver. Failure of either Party to declare any breach or default immediately
upon occurrence thereof, or delay in taking any action in connection with, shall not waive such
breach or default. Failure of either Party to declare one breach or default does not act as a
waiver of that Party's right to declare another breach or default.
6.8 Governing Law. This Contract is made in and shall be governed by and interpreted
in accordance with the laws of the State of Washington.
6.9 Authority. Each individual executing this Contract on behalf of the City or Quadrant
represents and warrants that such individual is duly authorized to execute and deliver this
Contract on behalf of such Party.
6.10 Notices. Any notices required to be given by the City to Quadrant or by Quadrant
to the City shall be delivered to the Parties at the addresses set forth below. Any notices may
be (i) delivered personally to the addressee of the notice (ii) deposited in the United States
mail, postage prepaid, to the address set forth herein, or (Hi) sent by Fedex or other recognized
overnight courier service to the address set forth herein. Any notice so posted in the United
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South 320th Undergrounding Reimbursement Contract
States mail shall be deemed received three (3) days after the date of mailing. Any notice so
sent by overnight courier shall be effective on the business day following receipt by the courier.
6.11 Captions. The respective captions of the Sections of this Contract are inserted for
convenience of reference only and shall not be deemed to modify or otherwise affect in any
respect any of the provisions of this Contract.
6.12 Performance. Time is of the essence of this Contract and each and all Df its
provisions in which performance is a factor.
6.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-
54, as amended, occurs as a result of the formation and/or performance of this Contract, this
Contract may be rendered null and void, at the City's option.
6.14 Counterparts. This Contract may be executed in any number of identical
counterparts, which counterparts shall collectively constitute the entire Contract.
6.15 Equal Opportunity to Draft. The parties have participated and had an equal
opportunity to participate in the drafting of this Contract, and the Exhibits, if any, attached. No
ambiguity shall be construed against any party upon a claim that that party drafted the
ambiguous language.
[signatures next page]
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South 320th Undergrounding Reimbursement Contract
DATED the day and year set forth above.
CITY OF FEDERAL WAY
By:
Cary M. Roe, P.E.
Assistant City Manager/Chief Operating Officer
Emergency Manager
33325 8th Avenue South
PO Box 9718
Federal Way, WA 98063-9718
ATTEST:
City Clerk, Laura Hathaway, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
[signatures continue on next page]
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South 320th Undergrounding Reimbursement Contract
THE QUADRANT CORPORATION
By:
(Signature)
(Name)
Quadrant Homes
Attn: George CODk
14725 SE 36th Street, Suite 200
Bellevue WA 98006
Mailing address:
PO Box 130
Bellevue WA 98009
(Address)
425.455.2900
(Phone)
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day personally appeared before me , to me
known to be the of that
executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and
on oath stated that he/she was authorized to execute said instrument and that the seal affixed,
if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this
day of
,200_.
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
Exhibits
A Schedule 74
Attachment A Project Design Agreement
Attachment B Project Construction Agreement
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South 320th Undergrounding Reimbursement Contract
SCHEDULE 74 UNDERGROUND CONVERSION
Project Design Agreement
Project Name:
Project Number:
THIS Agreement, dated as of this _ day of , 200_, is made by and
between , a (the "Government
Entity"). and PUGET SOUND ENERGY, Inc., a Washington Corporation (the "Company").
RECITALS
A. The Company is a public service company engaged in the sale and distribution of electric
energy and, pursuant to ils franchise or other rights from the Government Entity, currently locates its
electric distribution facilities within the jurisdictional boundaries of the Government Entity.
B. The Government Entity is considering conversion of the Company's existing overhead electric
distribution system to a comparable underground electric distribution, as more specifically described in the
Scope of Work (as defined in paragraph 2, below) furnished to the Company by the Government Entity
(the "Conversion Project").
C. The Government Entity has requested that the Company perform certain engineering design
services and otherwise work cooperatively with the Government Entity to develop a mutually acceptable
Project Plan (as defined in paragraph 6, below) for the Conversion Project, in accordance with and subject
to the terms and conditions of this Agreement (the "Design Work").
D. The Government Entity and the Company wish to execute this written contract in accordance
with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the Design Work for the
Conversion Project.
AGREEMENT
The Government Entity and the Company therefore agree as follows:
1. Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same
meanings when used in this Agreement.
2. The Government Entity shall, within ten (10) business days after the date of this Agreement, provide
the Company with a written scope of work for the Conversion Project which includes, among other
things. (a) a reasonably detailed description of the scope of the work required for the Conversion
Project. (b) a list of the key milestone dates for the Conversion Project, (c) reasonably detailed
drawings showing any associated planned improvements to the Public Thoroughfare. and (d) a
statement as to whether the Government Entity desires to install the ducts and vaults for the
Conversion Project (the "Scope of Work"). The Government Entity shall provide the Company two (2)
hard copies of the Scope of Work and a copy of the relevant electronic file(s) in a mutually agreed
electronic format.
3. Within ten (10) business days of its receipt of the Scope of Work, the Company shall prepare and
submit to the Government Entity (a) a reasonably detailed, good faith estimate of the cost to perform
the Design Work (the "Design Cost Estimate"). and (b) a proposed schedule for completion of the
Design Work which, to the extent reasonably practicable, reflects the applicable key milestone dates
Design Agreement, Attachment "A" to Schedule 74, Page 1
[insert project name here)
specified in the Scope of Work and provides tor completion ot the Design Work within ninety (90)
business days trom the date the Company receives the Government Entity's notice to proceed under
paragraph 5, below (the "Design Schedule"). The proposed Design Cost Estimate and the proposed
Design Schedule shall be based upon the then-current Scope of Work. Unless otherwise specified in
the Scope of Work, the Design Work shall not include negotiation or acquisition ot third party property
rights but shall include preliminary planning between the Company and the Government Entity
regarding their respective obligations for negotiating and acquiring third party property rights.
4. Within ten (10) business days after the Government Entity's receipt of the proposed Design Cost
Estimate and the proposed Design Schedule trom the Company, the Government Entity and the
Company shall meet in order to (a) review the proposed Design Cost Estimate, (b) review the
proposed Design Schedule; (c) review the Scope ot Work, and(d) make any changes necessary to
create a final Scope of Work, tinal Design Cost Estimate, and final Design Schedule that are
reasonably acceptable to both parties. It the parties are unable to agree upon a final version ot the
Scope of Work, Design Cost Estimate, and/or Design Schedule, then either party may, by written
notice to the other party, submit the matter for resolution pursuant to the dispute resolution procedures
in paragraph 16, below. The final Scope of Work, Design Cost Estimate and Design Schedule, once
determined in accordance with this paragraph 4, may thereafter be changed or amended only in
accordance with the change procedures set torth in paragraph 13, below.
5. The Government Entity shall, within ten (10) business days after determination ot the final of the
Scope ot Work, Design Cost Estimate, and Design Schedule, issue (a) a written notice to proceed
which shall delineate the tinal Scope ot Work, Design Cost Estimate, and Design Schedule, or (b) a
written notice to terminate this Agreement without cost to the Government Entity. If the Government
Entity terminates this Agreement, the costs incurred by the Company in preparing and submitting the
Design Cost Estimate and the Design Schedule shall not be reimbursable to the Company, and the
rights and obligations of the parties under this Agreement shall be terminated in their entirety and
without liability to either party.
6. Following the Company's receipt of the notice to proceed, and within the applicable time period
specified in the Design Schedule, the Company shall, with the cooperation and assistance ot the
Government Entity as outlined in this Agreement, prepare a project plan for the Conversion Project
(the "Project Plan") which shall include, among other things, the following: (a) a detailed description of
the work that is required to be performed by each party and any third party in connection with the
Conversion Project (the "Construction Work"), (b) the applicable requirements, drawings, and
specifications tor the Construction Work, (c) a description of any operating and other property rights
that are required to be obtained by each party tor the Conversion Project (and the requirements and
specifications with respect thereto), (d) a detailed estimate of the costs to be incurred by each party in
its performance of the Construction Work, and (e) a detailed schedule tor completing the Construction
Work (including, without limitation, the dates for delivery of the ducts and vaults and other materials
for use at the site of the Construction Work).
7. The Government Entity shall be responsible for coordinating the Design Work with all other design
work to be performed in connection with the Conversion Project and any associated planned
improvements to the Public Thoroughfare. The parties shall work together in an effort to mitigate the
costs of the Conversion Project to each party, including, without limitation, identifying ways to
accommodate the facilities of the Company to be installed as part of the Conversion Project within the
Public Thoroughfare.
8. Within the applicable time period specified in the Design Schedule, the Company shafl prepare and
submit to the Government Entity a proposed initial draft of the Project Plan. The parties understand
and acknowledge that the proposed Project Plan submitted by the Company shall be preliminary in
nature and shafl not include, without limitation. information required to be supplied by the Government
Entity (e.g., scope and estimate of the cost of the Construction Work to be performed by the
Government Entity).
Design Agreement, Attachment "A" to Schedule 74, Page 2
(insert project name here)
..
\
9. Within the applicable time period specified in the Design Schedule, the Government Entity shall
(a) review the Proposed Project Plan submitted by the Company, (b) complete any information
required to be supplied by the Government Entity, (c) make any changes required to confonn the
proposed Project Plan to the Scope of Work and this Agreement, and (d) return the amended Project
Plan to the Company.
10. Within the applicable time period specified in the Design Schedule, the Company shall review tbe
amended Project Plan submitted by the Government Entity and notify the Government Entity in writing
of either the Company's acceptance of, or the Company's specific objections to, the amended Project
Plan. If the Company makes any objection to the amended Project Plan, and the parties are unable to
resolve the objections and mutually agree upon the Project Plan prior to the final design date specified
in lhe Design Schedule, then either party may, by written notice to the other party, submit the matter
for resolution pursuant to the dispute resolution procedures in paragraph 16, below. The Project Plan,
as mutually agreed upon by the parties or established through the dispute resolution process, shall be
attached to and incorporated in a Project Construction Agreement substantially in the form attached
hereto as Exhibit A (the "Construction Agreement") which is to be signed by the parties prior to
commencement of the Construction Work.
11. The parties intend and agree that the Design Work and the Project Plan in its final form shall conform
to the following requirements:
(a) The Project Plan shall, if requested by the Government Entity in its initial Scope of Work, specify
that the Government Entity shall install the ducts and vaults for the Conversion Project; provided
that (i) the parties mutually agree upon and set forth in the Project Plan (A) the costs of such
installation work to be included in the Cost of Conversion, and (8) the specifications and
standards applicable to such installation work, and (ii) such installation work is accomplished by
the Government Entity in accordance with the applicable design and construction specilications
provided by the Company and set forth in the Project Plan.
(b) Each estimate of the costs to be incurred by a party shall, at a minimum, be broken down by
(i) the design and engineering costs, (ii) property and related costs, including any costs of
obtaining operating rights, and (iii) construction costs, including and listing separately inspection,
labor, materials, and equipment.
(c) All facilities of the Company installed as part of the Conversion Project shall be located, and all
related property and operating rights shall be obtained, in the manner set forth in the applicable
provisions of Schedule 74. The Project Plan shall describe in detail the location of such facilities,
any related property and operating rights required to be obtained, and the relative responsibilities
of the parties with respect thereto.
(d) The schedule set forth in the Project Plan for completing the Construction Work shall include, at a
minimum, milestone time periods for completion of the Trenching, installation of ducts and vaults,
the construction and removal of any Temporary Service, and the removal of overhead facilities.
(e) The Project Plan may include the specification of work and requirements for Government-
Requested Upgrades and Company-Initiated Upgrades; provided, however, that the costs
incurred by the Company with respect to the design and engineering o~ Company-Initiated
Upgrades shall not be included in the costs reimbursable to the Company under this Agreement
or the Construction Agreement. For purposes of the foregoing, (i) the term "Government-
Requested Upgrade" sharI mean any feature of the Underground Distribution System which is
requested by the Government Entity and is not reasonably required to make the Underground
Distribution System comparable to the overhead distnbution system being replaced, and (iQ the
tenn "Company-Initiated Upgrade" shall mean any feature of the Underground Distribution System
which is required by the Company and is not reasonably required to make the Underground
Distribution System comparable to the overhead distribution system being replaced. For
Design Agreement, Attachment "A" to Schedule 74, Page 3
[insert project name here]
purposes of subparagraph (ii), above, a 'comparable" system shall include, unless the parties
otherwise agree, the number of empty ducts (not to exceed two (2), typically having a diameter of
6" or less) of such diameter and number as may be specified and agreed upon in the final Scope
of Work necessary to replicate the load-carrying capacity (system amperage class) of the
overhead system being replaced. For purposes of subparagraph (i), above, any empty ducts
installed at the request of the Government Entity shall be a Government-Requested Upgrade.
(f) The Project Plan shall set forth all specifications, design standards and other requirements for the
Construction Work and the Conversion Project, including, but not limited to, the following:
(i) applicable federal and state safety and electric codes and standards, (ii) applicable construction
and other standards of the Company, and (iii) applicable street design and other standards of the
Government Entity which are in effect as of the commencement of the Conversion Project.
12. Upon request of the Government Entity, and in any event at the times specified in the Design
Schedule, the Company shall provide periodic reports which compare the actual costs of the Design
Work incurred to that point in time to the Design Cost Estimate, as changed or amended in
accordance with paragraph 13, below. Further, if at any time the Company reasonably expects that
the actual cost of the Design Work will exceed the Design Cost Estimate, as changed or amended in
accordance with paragraph 13, below, the Company shall notify the Government Entity immediately.
Upon receipt of the Company's notice, the Government Entity may, at its option,
(a) notify the Company in writing that this Agreement is terminated; or
(b) request a reasonably detailed explanation supported by documentation (reasonably satisfactory to
the Government Entity) to establish that the actual costs in excess of the Design Cost Estimate
are:
(i) reasonable,
(ii) consistent with the Scope of Work, and
(iii) consistent with sound engineering practices.
If the Government Entity requests an explanation, the Government Entity shall, within ten (10)
business days after receipt of the explanation,
(a) change the Scope of Work in accordance with paragraph 13, below, or
(b) direct the Company to continue with the Design Work without a change in the Scope of Work, but
reserving to the Government Entity the right to dispute the reasonableness of the costs to be paid
the Company under paragraph 14, below, in accordance with the dispute resolution procedures in
paragraph 16, below, or
(c) direct the Company to discontinue performing the Design Work pending resolution, pursuant to
paragraph 16, below, of any dispute regarding the reasonableness of the costs, in which event the
Design Schedule will be adjusted to reflect the delay, or
(d) notify the Company in writing that this Agreement is terminated.
In the event the Government Entity terminates this Agreement or discontinues the performance of the
Design Work under subparagraph (c), above, for more than ninety (90) days, the Government Entity
shaH pay the Company for all costs incurred by the Company in its perfonnance of the Design Work
prior to the date the Company receives the Government Entity's notice of termination, plus any costs
incurred by the Company for materials and other items ordered or procured by the Company with the
prior authorization of the Government Entity in order to meet the schedule for the Conversion Project.
The foregoing payment obligation shall survive any termination of this Agreement
Design Agreement, Attachment "A" to Schedule 74, Page 4
[insert project name here]
"
,
13. (a) Either party may, at any time, by written notice thereof to the other party, request changes to the
Scope of Work (a .Request for Change"). No Request for Change shall be effective and binding
upon the parties unless signed by an authorized representative of each party. If any approved
Request for Change would cause an increase in the cost of, or the time required for, the
performance of any part of the Design Work, an equitable adjustment in the Design Cost Estimate
and the Design Schedule shall be made to reflect such increase. The parties shall negotiate in
good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment.
If the parties are unable to agree upon the terms of the equitable adjustment, either party may
submit the matter for resolution pursuant to the dispute resolution procedures in paragraph 16.
below. Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually
acceptable equitable adjustment, each party shall, if requested by the other party, proceed with
the Design Work in accordance with the Request for Change. Any such request to proceed must
be accompanied by a written statement setting forth the requesting party's reasons for rejecting
the proposed equitable adjustment of the other party.
(b) The Design Cost Estimate and/or the Design Schedule shall be equitably adjusted from time to
time to reflect any change in the costs or time required to perform the Design Work to the extent
such change is caused by: (i) any Force Majeure Event under paragraph 17. below, (ii) the
discovery of any condition within the Conversion Area which affects the scope, cost, schedule or
other aspect of the Design Work and was not known by or disclosed to the affected party prior to
the date of this Agreement. or (iii) any change or inaccuracy in any assumptions regarding the
scope, cost, schedule or other aspect of the Design Work which are expressly identified by the
parties in the final Scope of Work. Upon the request of either party, the parties will negotiate in
good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment.
If, at any time thereafter, the parties are unable to agree upon the terms 01 the equitable
adjustment, either party may submit the matter for resolution pursuant to the dispute resolution
provisions in paragraph 16, below.
14. Upon completion of the Design Work (i.e., the date on which the Project Plan is final under
paragraph 10, above, either by mutual agreement of the parties or as established through the dispute
resolution procedures), the Government Entity shall pay the Company all actual, reasonable costs to
the Company for the Design Work (which, if disputed in good faith by the Government En!!ty, may be
submitted by either party for resolution pursuant to the dispute resolution provisions in paragraph 16,
below), plus any costs incurred by the Company for materials and other items ordered by the
Company with the prior authorization of the Government Entity in order to meet the schedule for the
Conversion Project. If, thereafter, the Construction Agreement is executed by the parties and the
Conversion Project is completed within five (5) years from the date of this Agreement, the full amount
of the costs incurred by the Company in its performance of the Design Work shall be included in the
"Shared Company Costs. under the Construction Agreement and any payment of such amounts
under this Agreement shall be credited to the Government Entity in calculating the "Net Amount"
payable under the Construction Agreement.
15. Within sixty (60) business days after completion of the Design Work, the Company shall issue to the
Government Entity an itemized invoice for the amounts payable under this Agreement. Such invoice
shall be in a form mutually agreed upon by the Company and the Govemment Entity and shall, at a
minimum, itemize the design and engineering costs, including and listing separately inspection, labor,
materials and equipment. In the event the Government Entity does not verify such invoice within ten
(10) business days of receipt, the Government Entity shall provide a written request to the Company
specifying the additional information needed to verify the invoice. The Company will provide, within a
reasonable period after receipt of any request, such documentation and information as the ."
Government Entity may reasonably request to verify such invoice. The Government Entity shall pay
the Company all amounts payable under this Agreement within thirty (30) days after receipt of the
Company's invoice. Payment as provided in this Agreement shall be full compensation for the
Company'~performance of the Design Work, including without limitation all services rendered and all
materials, supplies, equipment, and incidentals necessary to complete t~e Design Work.
Design Agreement, Attachment "A" to Schedule 74, Page 5
{insert project name here]
16. Dispute Resolution Procedures:
(a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be
presented to and considered by the parties. A party who wishes dispute resolution shall notify the
other party in writing as to the nature of the dispute. Each party shall appoint a representative
who shall be responsible for representing the party's interests. The representatives shall
exercise good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10)
business days of the date the disagreement was first raised by written notice shall be referred by
the parties' representatives in writing to the senior management of the parties for resolution. In
the event the senior management are unable to resolve the dispute within twenty (20) business
days (or such other period as the parties may agree upon), each party may pursue resolution of
the dispute through other legal means consistent with the tenns of this Agreement. All
negotiations pursuant to these procedures for the resolution of disputes shall be confidential and
shall be treated as compromise and settlement negotiations for purposes of the state and federal
rules of evidence.
(b) Any claim or dispute arising hereunder which relates to the Scope of Work, Design Cost
Estimate, and Design Schedule under paragraph 4, above; the Project Plan under paragraph 10,
above; or any Request for Change (including, without limitation, any associated equitable
adjustment) under paragraph 13, above; and is not resolved by senior management within the
time permitted under paragraph 16(a), above, shall be resolved by arbitration in Seattle,
Washington, under the Construction Industry Arbitration Rules of the American Arbitration
Association then in effect. The decision(s) of the arbitrator(s) shall be final, conclusive and
binding upon the Parties. All other disputes shall be resolved by litigation in any court or
governmental agency, as applicable, having jurisdiction over the Parties and the dispute.
(c) In connection with any arbitration under this paragraph 16, costs of the arbitrator(s), hearing
rooms and other common costs shall be divided equally among the parties. Each party shall
bear the cost and expense of preparing and presenting its own case (including, but not limited to,
its own attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of
his or her decision, reimbursement of all or a portion of the prevailing party's costs and expenses
by the other party.
(d) Unless otherwise agreed by the parties in writing, the parties shall continue to perform their
respective obligations under this Agreement during the pendency of any dispute.
17. In the event that either party is prevented or delayed in the performance of any of its obligations under
this Agreement by reason beyond its reasonable control (a -Force Majeure Event-), then that party's
performance shall be excused during the Force Majeure Event. Force Majeure Events shall include,
without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or
other condition which necessitates the mobilization of the personnel of a party or its contractors to
restore utility service to customers; laws, regulations, rules or orders of any governmental agency;
sabotage; strikes or similar labor disputes involving personnel of a party, its contractors or a third
party; or any failure or delay in the performance by the other party, or a third party who is not an
employee, agent or contractor of the party claiming a Force Majeure Event, in connection with the
Work or this Agreement. Upon removal or tennination of the Force Majeure Event, the party claiming
a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited
manner under this Agreement or procure a substitute for such obligation. The parties shall use all
commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event
18. This Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the
Company's electric Tariff G and to Schedule 74 of such Tariff as approved by the Washington Utilities
and Transportation Commission and in effect as of the date of this Agreement.
Design Agreement, Attachment "A" to Schedule 74, Page 6
(insert project name here)
"
'.
19. Any notice under this Agreement shall be in writing and shall be faxed (with a copy followed by mail or
hand delivery), delivered in person, or mailed, properly addressed and stamped with the required
postage, to the intended recipient as follows:
If to the Government Entity:
Aftn:
Fax:
If to the Comoany:
Puget Sound Energy, Inc.
Aftn:
Fax:
Either party may change its address specified in this paragraph by giving the other party notice of such
change in accordance with this paragraph.
20. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the
laws of the State of Washington (without reference to rules governing conflict of laws), except to the
extent such laws may be preempted by the laws of the United States of America.
21: This Agreement constitutes the entire agreement of the parties with respect to the subject matter
hereof and all other agreements and understandings of the Parties, whether written or oral, with
respect to the subject mafter of this Agreement are hereby superseded in their entireties.
22. This Agreement shaff be binding upon and inure to the benefit of the respective successors, assigns,
purchasers, and transferees of the parties, including but not limited to, any entity to which the rights or
obligations of a party are assigned, delegated, or transferred in any corporate reorganization, change
of organization, or purchase or transfer of assets by or to another corporation, partnership,
association, or other business organization or division thereof.
Government Entity:
Company:
PUGET SOUND ENERGY, INC.
BY
BY
ITS
ITS
Date Signed
Date Signed
Approved as to form:
Design Agreement, Attachment "An to Schedule 74, Page 7
[insert project name here)
SCHEDULE 74 UNDERGROUND CONVERSION
Project Construction Agreement
Project Name:
Project Number:
THIS Agreement, dated as of this _ day of , 200_, is made by and
between , a (the
"Government Entity"), and PUGET SOUND ENERGY, Inc., a Washington Corporation (the "Company").
RECITALS
A. The Company is a public service company engaged in the sale and distribution of electric
energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its
electric distribution facilities within the jurisdictional boundaries of the Government Entity.
8. The Government Entity has determined that it is necessary to replace the existing overhead
electric distribution system within the area specified in the Project Plan (as defined below) (the
"Conversion Area") with a comparable underground electric distribution system, all as more specifically
described in the Project Plan (the "Conversion Project").
C. The Government Entity and the Company have previously entered into a Project Design
Agreement dated as of (the "Design Agreement"), pursuant to which the parties completed
certain engineering design, cost assessment, operating rights planning and other preliminary work relating
to the Conversion Project and, in connection with that effort, developed the Project Plan.
D. The Government Entity and the Company wish to execute this written contract in accordance
with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the completion of the
Conversion Project. which both parties intend shall qualify as an underground conversion under the terms
of Schedule 74. ,
AGREEMENT
The Government Entity and the Company therefore agree as follows:
1. Definitions.
(a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same
meanings when used in this Agreement, including, without limitation, the following:
i) Cost of Conversion;
ii) Public Thoroughfare;
iii) Temporary Service;
iv) Trenching and Restoration;
v) Underground Distnbution System; and
vi) Underground Service Unes.
(b) "Company-Initiated Upgrade" shall mean any feature of the Underground Distribution System
which is required by the Company and is not reasonably required to make the Underground
Distribution System comparable to the overhead distribution system being replaced. For
purposes of the foregoing, a "comparable. system shall include, unless the Parties otherwise
agree, the number of empty ducts (not to exceed two (2), typically h~ving a diameter of 6" or less)
Construction Agreement, Attachment "8" to Schedule 74, Page 1
[insert project name here]
of such diameter and number as may be specified and agreed upon in the Project Plan necessary
to replicate the load-carrying capacity (system amperage class) of the overhead system being
replaced.
(c) "Estimated Reimbursable Private Conversion Costs" shall mean the Company's good faith
estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below.
(d) "Estimated Reimbursable Temporary Service Costs" shall mean the Company's good faith
estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below.
(e) "Estimated Reimbursable Upgrade Costs" shall mean the Company's good faith estimate of the
Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from
time to time in accordance with Section 6, below.
(f) "Estimated Shared Company Costs" shall mean the Company's good faith estimate of the Shared
Company Costs, as specified in the Project Plan and as changed and adjusted from time to time
in accordance with Section 6, below.
(g) "Estimated Shared Government Costs" shall mean the Government Entity's good faith estimate of
the Shared Government Costs, as specified in the Project Plan and as changed and adjusted
from time to time in accordance with Section 6, below.
(h) "Government-Requested Upgrade" shall mean any feature of the Underground Distribution
System which is requested by the Government Entity and is not reasonably required to make the
Underground Distribution System comparable to the overhead distribution system being replaced.
For purposes of the foregoing, any empty ducts installed at the request of the Government Entity
shall be a Government-Requested Upgrade.
(i) "Party" shall mean either the Company, the Government Entity, or both.
0) "Private Property Conversion" shall mean that portion, if any, of the Conversion Project for which.
the existing overhead electric distribution system is located, as of the date determined in
accordance with Schedule 74, (i) outside of the Public Thoroughfare, or (ii) pursuant to rights not
derived from a franchise previously granted by the Government Entity or pursuant to rights not
otherwise previously granted by the Government Entity.
(k) "Project Plan" shall mean the project plan developed by the Parties under the Design Agreement
and attached hereto as Exhibit A, as the same may be changed and amended from time to time in
accordance with Section 6, below. The Project Plan includes, among other things, (i) a detailed
description of the Work that is required to be performed by each Party and any third party, (it") the
applicable requirements and specifications for the Work, (iii) a description of the Operating Rights
that are required to be obtained by each Party for the Conversion Project (and the requirements
and specifications with respect thereto), (iv) an itemization and summary of the Estimated Shared
Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private
Conversion Costs.(if any), Estimated Reimbursable Temporary Service Costs (if any) and
Estimated Reimbursable Upgrade Costs (if any), and (v) the Work Schedule.
(I) .Operating Rights" shall mean sufficient space and legal rights for the construction, operation,
repair, and maintenance of the Underground Distribution System.
(m) "Reimbursable Private Conversion Costs" shan mean (i) an Costs of Conversion, if any, incurred
by the Company which are attributable to a Private Property Conversion, less (ii) the distribution
pole replacement .costs (if any) that would be avoided by the Company on account of such Private
Property Conversion. as determined consistent with the applicable <;Ompany distribution facilities
Construction Agreement, Attachment "8" to Schedule 74, Page 2
(insert project name here]
~
\
replacement program, plus (iii) just compensation as provided by law for the Company's interests
in real property on which such existing overhead distribution system was located prior to
conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable to
the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the Estimated
Reimbursable Private Conversion Costs without the prior written authorization of the Government
Entity.
(n) "Reimbursable Temporary Service Costs" shall mean all costs incurred by the Company which
are attributable to (i) any facilities installed as part of the Conversion Project to provide Temporary
Service, as provided for in Schedule 74, and (ii) the removal of any facilities installed to provide
Temporary Service (less salvage value of removed equipment); provided that the Reimbursable
Temporary Service Costs shalf not exceed the Estimated Reimbursable Temporary Service Costs
without the prior written authorization of the Government Entity.
(0) "Reimbursable Upgrade Costs" shall mean all Costs of Conversion incurred by the Company
which are attributable to any Government-Requested Upgrade; provided that the Reimbursable
Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior
written authorization of the Government Entity.
(p) "Shared Company Costs" shall mean alf Costs of Conversion (other than Reimbursable Upgrade
Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs)
incurred by the Company in connection with the Conversion Project; provided, however, that the
Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior
written authorization of the Government Entity. For the avoidance of doubt, the .Shared Company
Costs. shall. as and to the extent specified in the Design Agreement, include the actual.
reasonable costs to the Company tor the "Design Work" performed by the Company under the
Design Agreement.
(q) . "Shared Government Costs" shall mean all Costs of Conversion incurred by the Government
Entity in connection with (i) any duct and vault installation Work which the Parties have specified
in the Project Plan is to be performed by the Government Entity as part of the Government Work,
and (ii) the acquisition of any Operating Rights which the Parties have, by mutual agreement,
specified in the Project Plan are to be obtained by the Government Entity for the Conversion
Project, but only to the extent attributable to that portion of such Operating Rights which is
necessary to accommodate the facilities of the Company; provided, however, that the Shared
Government Costs shall not exceed the Estimated Shared Government Costs without the prior
written authorization of the Company.
,
(r) "Total Shared Costs" shalf mean the sum of the Shared Company Costs and the Shared
Government Costs. For the avoidance of doubt, the Total Shared Costs shall not incJude, without
limitation, (i) costs to the Government Entity for Trenching and Restoration, or (ii) costs associated
with any joint use of trenches by other utilities as permitted under Section 3(b).
(s) "Work" shall mean all work to be performed in connection with the Conversion Project, as more
specifically described in the Project Plan, including, without limitation, -the" Company Work (as
defined in Section 2(a). below) and the Government Work (as defined in Section 3(a), below).
(t) "Work Schedule" shan mean the schedule specified in the Project Plan which sets forth the
milestones for completing the Work, as the same may be changed and amended from time to
time in accordance with Section 6, below.
2. ObliQations 01 the Company.
(a) Subject to the terms and conditions of this Agreement, the Company shall do the following as
specified in, and in accordance with the design and construction specifications and other
requirements set forth in, the Project Plan (the .Company Work1: _
Construction Agreement, Attachment "B" to Schedule 74. Page 3
[insert project name here]
'0
i) furnish and install an Underground Distribution System within the Conversion Area
(excluding any duct and vault installation or other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity);
ii) provide a Company inspector on-site at the times specified in the Work Schedule to
in~pecl the peiformance of any duct and vault installation Work which the Parties
have specified in the Project Plan is to be performed by the Government Entity; and
iii) upon connection of those persons or entities to be served by the Underground
Distribution System and removal of facilities of any other utilities that are connected to
the poles of the overhead system, remove the existing overhead system (including
associated wires and Company-owned poles) of 15,000 volts or less within the
Conversion Area except for Temporary Services.
(b) Upon request of the Government Entity, the Company shall provide periodic reports of the
progress of the Company Work identifying (i) the Company Work completed to date, (ii) the
Company Work yet to be completed, and (iii) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Company Costs, the Estimated
Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service
Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and the Work Schedule.
(c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own, operate
and maintain all electrical facilities installed pursuant to this Agreement including, but not limited
to, the Underground Distribution System and Underground Service Lines.
(d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company
Work in accordance with the Project Plan, the Work Schedule and this Agreement.
3. Obligations of the Government Entity.
(a) . Subject to the terms and conditions of this Agreement, the Government Entity shall do the
following as specified in, and in accprdance with the design and construction specifications and
other requiiements set forth in, the Project Plan (the -Government Work-):
i) provide the Trenching and Restoration;
ii) perform the surveying for alignment and grades for ducts and vaults; and
iii) perform any duct and vault installation and other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity.
(b) Other utilities may be permitted by the Government Entity to use the trenches provided by the
Government Entity for the installation of their facilities so long as such facilities or the installation
thereof do not interfere (as determined pursuant to the Company's electrical standards) with the
Underground Distribution System or the installation or maintenance thereof. Any such use of the
trenches by other utilities shall be done subject to and in accordance with the joint trench design
specifications and installation drawings set forth or otherwise identified in the Project Plan, and the
Government Entity shall be responsible for the coordination of the design and installation of the
facilities of the other .utilities to ensure compliance with such specifications and drawings.
(e) Upon request of the Company, the Government Entity shall provide periodic reports of the
progress of the Government Work identifying (i) the Government Work completed to date, (ii) the
Government Work yet to be completed, and (iii) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Government Costs and the Work
Schedule.
(d) The Government Entity shall be responsible for coordinating all work to be performed in
connection with the street improvement program within the Conversion Area.
Construction Agreement. Attachment "Bn to Schedule 74, Page 4
[insert project name here}
BLANK PAGE
(e) Subject to the terms and conditions of this Agreement, the Government Entity shall perform all
Government Work in accordance with the Project Plan, the Work Schedule and this Agreement.
4. Work Schedule.
(a) The Government Entity and the Company have agreed upon the Work Schedule as set forth in
the Project Plan. Changes to the Work Schedule shall be made only in accordance with
Section 6, below.
(b) Promptly (ollowing the execution 0' this Agreement, and upon completion by the Government
Entity of any necessary preliminary work, the Government Entity shall hold a pre-construction
meeting involving all participants in the Conversion Project to review project design, coordination
requirements, work sequencing and related pre-mobilization requirements. Following the pre-
construction meeting. the Government Entity shall give the Company written notice to proceed
with the Work at least ten (10) business days prior to the commencement date specified in the
Work Schedule.
(c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work
assigned to it under this Agreement in accordance with the Work Schedule. So long as the
Company performs the Company Work in accordance with the Work Schedule, the Company
shall not be liable to the Government Entity (or its agents, servants, employees. contractors,
subcontractors, or representatives) for any claims. actions. damages. or liability asserted or
arising out of delays in the Work Schedule.
5. Location of Facilities.
All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be
located. and all related Operating Rights shall be obtained, in the manner set forth in the applicable
provisions of Schedule 74. as specified by the Parties in the Project Plan.
6. Changes.
(a) Either Party may. at any time, by written notice thereof to the other Party, request changes in the
Work within the general scope of this Agreement (a -Request for Change-), including, but not
limited to: (i) changes in, substitutions for. additions to or deletions of any Work; (ii) changes in the
specifications, drawings and other requirements in the Project Plan, (iii) changes in the Work
Schedule, ahd (iv) changes in the location, alignment, dimensions or design of items incfuded in
the Work. No Request for Change shall be effective and binding upon the Parties unless signed
by an authorized representative of each Party.
(b) If any change included in an approved Request for Change would cause a change in the cost of,
or the time required for, the performance of any part of the Work, an equitable adjustment shall be
made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the
Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable
Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and/or the
Work Schedule to reflect such change.. The Parties shall negotiate in good faith with the objective
of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to
agree upon the terms of the equitable adjustment, either Party may submit the matter for
resolution pursuant to the dispute resolution provisions in Section 10, below.
(c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Govemment
Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable
Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further
equitably adjusted from time to time to reflect any change in the costs or time required to perform
the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11,
below, (ii) the discovery of any condition within the Conversion Area.. which affects the scope, cost,
Construction Agreement, Attachment -S" to Schedule 74, Page 5
(insert project name here]
,
schedule or other aspect of the Work and was not known by or disclosed to the affected Party
prior to the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding
the scope, cost, schedule or other aspect of the Work which are expressly identified by the Parties
in the Project Plan. Upon the request of either Party, the Parties will negotiate in good faith with
the 0bjective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time
thereafter, the Parties are unable to agree upon the terms of the equitable adjustment, either
Party may submit the matter for resolution pursuant to the dispute resolution provisions in
Section 10, below.
(d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable
equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in
accordance with any approved Request for Change. Any request to proceed hereunder must be
accompanied by a written statement setting forth the requesting Party's reasons for rejecting the
proposed equitable adjustment of the other Party.
7. Compensation and Payment.
(a) Subject to and in accordance with the terms and conditions of this Agreement (including, without
limitation, the payment procedures set forth in this Section 7), payment in connection with the
Conversion Project and this Agreement shall be as follows:
i) The Total Shared Costs shall be allocated to the Parties in the following percentages:
(A) sixty percent (60%) to the Company, and (8) forty percent (40%) to the
Government Entity.
ii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Private Conversion Costs, if any.
iii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Upgrade Costs, if any.
iv) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Temporary Service Costs, if any.
v) The Government Entity shall pay one hundred percent (100%) of the costs it incurs to
perform that portion of the Government Work specified in Section 3(a)(i) and (ii) (i.e.,
Trenching and Restoration and surveying).
vi) The Company shall pay one hundred percent (100%) of the costs it incurs to design, ~
provide and construct any Company-Initiated Upgrade.
vii) The Company shall pay one hundred percent (100%) of the costs it incurs to obtain
Operating Rights outside the Public Thoroughfare.
(b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall
determine the net amount payable by the Government Entity or the Company, as applicable, to
the other Party under this Agreement (the -Net Amount"). The Net Amount shall be determined
by using the amount of the Total Shared Costs allocated to the Government Entity under
Section 7(a)(i), and adjusting such amount as follows:
i) Subtracting (as a credit to the Government Entity) the amount of the Shared
Government Costs.
ii) Adding (as a credit to the Company) the amount of all Reimbursable Private
Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary
Service Costs.
iii) Subtracting (as a credit to the Government Entity) any payments previously made to
the Company by the Government Entity under the Design Agreement which, under
the terms of the Design Agreement, are to be credited to the Government Entity
under this Agreement.
The Net Amount, as so calculated, (A) will be an amount payable to the Company if it is a positive
number, and (8) shall be an amount payable to the Government Entity if it is a negative number.
Construction Agreement, Attachment "8" to Schedule 74, Page 6
pnsert project name here]
(c) Within sixty (60) business days of completion of the Conversion Project, the Government Entity
shall provide the Company with an itemization of the Shared Government Costs (the "Government
Itemization"), together with such documentation and information as the Company may reasonably
request to verify the Government Jlemization. The Government Itemization shall, at a minimum,
break down the Shared Government Costs by the following categories, as applicable: (i) property
and related costs incurred and/or paid by the Government Entity, including any costs of obtaining
Operating Rights. and (ii) construction costs incurred and/or paid by the Government Entity,
including and listing separately inspection, labor, materials and equipment, overhead and all costs
charged by any agent, contractor or subcontractor of the Government Entity.
(d) Within thirty (30) business days atter the Company's receipt of the Government Itemization and
requested documentation and information, the Company shall provide the Government Entity a
written statement (the "Company Statement") showing (i) an itemization of the Shared Company
Costs, (ii) the Parties' relative share of the Total Shared Costs based on the Company's
itemization of the Shared Company Costs and the Government Entity's itemization of the Shared
Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private
Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary
Service Costs, (vi) any credits to the Government Entity for payments previously made to the
Company by the Government Entity under the Design Agreement which, under the terms of the
Design Agreement. are to be credited to the Government Entity under this Agreement, and
(vii) the Net Amount, as determined in accordance with Section 7(b), above, together with such
documentation and information as the Government Entity may reasonably request to verify the
Company Statement. The itemization of the Shared Company Costs included in the Company
Statement shall, at a minimum, break down the Shared Company Costs by the following
categories, as applicable: (i) design and engineering costs, and (ii) construction costs, including
and listing separately inspection, labor, materials and equipment, overhead and all costs charged
by any agent, contractor or subcontractor of the Company.
(e) Within thirty (30) business days after the Government Entity's receipt of the Company Statement
and requested documentation and information, the Net Amount shall be paid by the owing Party to
the other Party, as specified in the Company Statement.
B. Indemnification.
(a) The Government Entity releases and shall defend, indemnify and hold the Company harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful
misconduct of the Government Entity in its performance under this Agreement. During the
performance of such activities the Government Entity's employees or contractors shall at all times
remain employees or contractors, respectively, of the Government Entity.
(b) The Company releases and shall defend, indemnify and hold the Government Entity harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable aUorneys' fees) caused by or arising out of any negligent act or omission or willful
misconduct of the Company in its performance under this Agreement. During the performance of
such activities the Company's employees or contractors shall at all times remain employees or
contractors, respectively, of the Company.
(c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8,
each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the
Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless
provided for in this Section 8 extends to any such claim brought against the indemnified Party by
or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way
preclude the indemnifying Party from raising such immunity as a defense against any claim
brought against the indemnifying Party by any of its employees.
Construction Agreement, Attachment "B" to Schedule 74, Page 7
[insert project name here)
~
9. Conversion of Service to Customers within Conversion Area.
(a) Upon commencement of the Work, the Government Entity shall notify all persons and entities
within the Conversion Area that service lines to such customers must be converted from ovarhead
to underground service within the applicable statutory period following written notice from the
Government Entity that service from underground facilities are available in accordance with RCW
35.96.050. Upon the request of any customer, other than a single family residential customer,
within the Conversion Area, the Company shall remove the overhead system and connect such
persons' and entities' Underground Service Unes to the Underground Distribution System.
(b) The Parties acknowledge that single family residences within the Conversion Area must (i)
provide a service trench and conduit, in accordance with the Company's specifications, from the
underground meter base to the point of service provided during the conversion, and (ii) pay for the
secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The
Government Entity shall exercise its authority to order disconnection and removal of overhead
facilities with respect to owners failing to convert service lines from overhead to underground
within the timelines provided in ACW 35.96.050.
10. Dispute Resolution.
(a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be
presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the
other Party in writing as to the nature of the dispute. Each Party shall appoint a representative
who shall be responsible for representing the Party's interests. The representatives shall exercise
good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business
days of the date the disagreement was first raised by written notice shall be referred by the
Parties' representatives in writing to the senior managem&,lt of the Parties for resolution. In the
. event the senior management are unable to resolve the dispute within twenty (20) business days
. (or such other period as the Parties may agree upon), each Party may pursue resolution of the
dispute through other legal means consistent with the terms of this Agreement. All negotiations
pursuant to these procedures for the resolution of disputes shall be confidential and shall be
treated as compromise and settlement negotiations for purposes of the state and federal rules of
evidence.
(b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable
adjustment under Section 6, above, or the compensation payable by or to either Party under
Section 7. above, and which is not resolved by senior management within the time permitted
under Section 10(a). above, shall be resolved by arbitration in Seattle, Washington, under the
Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The
decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other
disputes shall be resolved by litigation in any court or govemmental agency, as applicable, having
jurisdiction over the Parties and the dispute.
(c) In connection with any arbitration under this Section 10, costs of the arbitrator(s). hearing rooms
and other common costs shall be divided equally among the Parties. Each Party shaD bear the
cost and expense of preparing and presenting its own case (including, but not limited to, its own
attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or
her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses
(including, but not limited to, reasonable attorneys' fees) by the other Party.
(d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their
respective obligations under this Agreement during the pendency of any dispute.
Construction Agreement, Attachment "8" 10 Schedule 74. Page 8
[insert project name here)
11. Uncontrollable Forces.
In the event that either Party is prevented or delayed in the performance of any of its obligations under
this Agreement by reason beyond its reasonable control (a -Force Majeure Event-), then that Party's
performance shall be excused dur!!'g the Force Majeure Event. Force Majeure Events shall include,
without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or
other condition which necessitates the mobilization of the personnel of a Party or its contractors to
restore utility service to customers; laws, regulations, rules or orders of any governmental agency;
sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third
party; or any failure or delay in the performance by the other Party, or a third party who is not an
employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the
Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming
a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited
manner under this Agreement or procure a substitute for such obligation. The Parties shall use all
commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event.
12. Insurance.
(a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout the
duration of the Conversion Project (or, if sooner, until termination of this Agreement)
comprehensive general liability insurances, with a minimum coverage of $ per
occurrence and $ aggregate for personal injury; and $ per occurrence/
aggregate for property damages, and professional liability insurance in the amount of $
(b) The Government Entity shall ensure that each of its contractors performing any Government Work
secures and maintains in force throughout the duration of the Conversion Project (or, if sooner,
until termination of this Agreement) insurance policies having the same coverage, amounts and
limits as s!-,ecified Section 12(a), above.
(c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self-
insure against such risks in such amounts as are consistent with good utility practice. Upon the
Government Entity's request, the Company shall provide the Government Entity with reasonable
written evidence that the Company is maintaining such self-insurance.
13. Other.
;
(a) Aqreement Subiect To Tariff. This Agreement is subject to the General Rules and Provisions set
forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff
as approved by the Washington Utilities and Transportation Commission and in effect as of the
date of this Agreement.
(b) Termination. The Government Entity reserves the right to terminate the Conversion Project and
this Agreement upon written notice to the Company. In the event that the Government Entity
terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the
Company for all costs reasonably incurred by the Company in connection with the Work
performed prior to the effective date of termination. In such event, the costs reimbursable to the
Company (i) shall not be reduced by any Shared Government Costs or other costs incurred by the
Government Entity, and (ii) shall be paid within thirty (30) days after the receipt of the Company's
invoice therefor. Sections I, 5, 7, 8, 9, 10, 11 and 13 shall survive any termination of the
Conversion Project and/or this Agreement.
(c) Facilities Greater Than 15,000 Volts. Nothing in this Agreement shall in any way affect the rights
or obligations of the Company under any previous agreements pertaining to the exisling or future
facilities of greater than 15,000 Volts within the Conversion Area.
Construction Agreement. Attachment "8" to Schedule 74, Page 9
(insert project name here]
~
(d) ComDliance With Law. The Parties shall, in performing the Work under this Agreement, comply
with all applicable federal, state, and local laws, ordinances, and regulations.
(e) No Discrimination. The Company, with regard to the Work performed by the Company under this
Agreement, shan comply with all applicable laws relating tl) discrimination on the basis race, color,
national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in
the selection and retention of employees or procurement of materials or supplies.
(f) Indeoondent Contractor. The Company and the Government Entity agree that the Company is an
independent contractor with respect to the Work and this Agreement. The Company is acting to
preserve and protect its facilities and is not acting for the Government Entity in performing the-
Work. Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the Parties. Neither the Company nor any employee of the Company shall be
entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this
Agreement. The Government Entity shall not be responsible for withholding or otherwise
deducting federal income tax or social security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to the Company, or any
employee of the Company.
(g) Nonwaiver of RiQhts or Remedies. No failure or delay of either Pally to insist upon or enforce
strict performance by the other Party of any provision of this Agreement or to exercise any other
right under this Agreement, and no course of dealing or performance with respect thereto, shall,
except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or
relinquishment of any right under any provision of this Agreement or any right at law or equity not
otherwise provided for herein. The express waiver by either Party of any right or remedy under
this Agreement or at law or equity in a particular instance or circumstance shall not constitute a
waiver thereof in any other instance or circumstance.
(h) No Third Party Beneficiaries. There are no third-party beneficiaries of this Agreement. Nothing
'contained in this Agreement is intended to confer any right or interest on anyone other than the
Parties, their respective successors, assigns and legal representatives.
(i) Governmental Authority. This Agreement is subject to the rules, regulations, orders and other
requirements, now or hereafter in effect, of all governmental regulatory authorities and courts
having jurisdiction over this Agreement, the Parties or either of them. All laws, ordinances, rules,
regulations. orders and other requirements, now or hereafter in effect. of governmental regulatory
authorities and courts that are required to be incorporated into agreements of this character are by
this reference incorporated in this Agreement.
0> No Partnership. This Agreement shall not be interpreted or construed to create an association,
joint venture or partnership between the Parties or to impose any partnership obligations or liability
upon either Party. Further, neither Party shall have any right, power or authority to enter into any
agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to
otherwise bind the other Party.
(k) Severability. In the event that any provision of this Agreement or the application of any such
provision shall be held invalid as to either Party or any circumstance by any court having
jurisdiction, such provision shall remain in force and effect to the maximum extent provided by
law, and all other provisions of this Agreement and their application shall not be affected thereby
but shall remain in force and effect unless a court or arbitrator holds they are not severable from
the invalid provisions.
Construction Agreement, Attachment "sn to Schedule 74, Page 10
[insert project name here)
(I) Notice. Any notice under this Agreement shall be in writing and shall be faxed (with a copy
followed by mail or hand delivery), delivered in person, or mailed, property addressed and
stamped with the required postage, to the intended recipient as follows:
If te the Gove:nment Entity:
AUn:
Fax:
If to the Company:
Puget Sound Energy, Inc.
AUn:
Fax:
Any Party may change its address specified in this Section 13(1) by giving the other Party notice of
such change in accordance with this Section 13(1).
(m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in
accordance with the laws of the State of Washington (without reference to rules governing conflict
of laws), except to the extent such laws may be preempted by the laws of the United States of
America.
(n) Entire AQreement. This Agreement constitutes the entire agreement of the Parties with respect to
the subject maUer hereof and all other agreements and understandings of the Parties, whether
written or oral, with respect to the subject matter of this Agreement are hereby superseded in their
. entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein
is intended to or shall alter, amend or supersede the Design Agreement and the same shall
remain in full force and effect in accordance with its terms.
(0) Successors and AssiQns. This Agreement shall be binding upon and inure to the benefit of the
respective successors, assigns, purchasers, and transferees of the Parties. including but not
limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or
transferred in any corporate reorganization, change of organization, or purchase or transfer of
assets by or to another corporation, partnership, association, or other business organization or
division thereof.
Government Entity:
Company:
PUGET SOUND ENERGY, INC.
BY
BY
ITS
ITS
Date Signed
Date Signed
Approved as to form:
Construction Agreement, Attachment "B" to Schedule 74, Page 11
(insert project name here]
COUNCIL MEETING DATE: April 15, 2008
ITEM #:~
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: METRO SERVICE PARTNERSHIPS
POLICY QUESTION: Shauld the City execute agreements far service partnerships ta King Caunty ta pravide far
improved transit service?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: April 7, 2008
CATEGORY:
cgj Consent 0 Ordinance 0 Public Hearing
o City Council Business 0 Resolution 0 Other
~I~!!_~_~2~_!_.!!~:!Y_~R~~z, ~:~:l_~i~}'r~~?_~~.&ine~~_L___________~~~!.~.~~~!_i~~~~~~________________
Attachments: Land Use and Transportation Committee Memorandum dated April 7, 2008.
Options Considered:
l. Execute an agreement for the Financial Partnership on Route 187 for five (5) years to:
a. Extend 30-minute service on weekdays during the midday only on Route 187, at an estimated annual
cost to the City of $72,688.74.
b. On Route 187 only on Saturdays and Sundays, increase frequency to 30 minutes until 7:00 p.m., and
extend hours of operation to II :00 p.m. with a 60-minute frequency, at an estimated annual cost to the
City of $36,499.00 for Saturdays, and $42,634.93 for Sundays.
2. Execute the agreement for Route 187 contingent on the County Council agreeing to the City's proposal for
the Transit Speed and Reliability Partnership using HOV lanes and Transit Signal Priority.
3. Do not execute the Financial Partnership proposal, but allow for the execution of the Transit Speed and
Reliability Partnership proposal in the event that King County funds our proposal from the contingency list.
4 .P2~2!_~?,~c:.':'!~.~gI:~~~~l!t~J2~~!!!!~!.P~~~!~!!ipJ~~<?,p-Q~~!:..._.._____......_..___._ .._..._..._.__._...._..__....._.____.
STAFF RECOMMENDATION: Staffrec()mmends Option 3.
CITY MANAGER ApPROVAL:
DIRECTOR APPROVAL:
~
11M-
Council
Committee
COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the April 15, 2008 City Council
Consent Agenda.
A...<. -t ~ ~---
Linda Kochmar, Chair
Aiu
Dini Duclos, Member
PROPOSED COUNCIL MOTION: HI mave t'O 'Ot xecute the Financial Partnership pr'Opasal, but all'Ow far the
executian 'Of the Transit Speed and Reliabi Partnership in the event that King Caunty funds the City's
pr'Op'Osalfram the cantingency list. "
(BEL'OW T'O BE COMPLETED BY CITY CLERKS 'OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDfDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
April 7''\ 2008
Land Use and Transportation Committee
Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency Manager M
Rick Perez, P.E., City Traffic Engineer If>
Metro Service Partnerships
BACKGROUND:
On September 18th, 2007, the City Council authorized staff to submit proposals to King County for
service partnerships to improve transit service in Federal Way. These consisted of three financial
partnerships for improved service on Route 187 and a transit speed and reliability partnership to improve
travel time on the RapidRide corridor on SR 99.
King County Council has adopted the list of proposals to be approved. The City's Route 187 proposal is
approved and the RapidRide proposal is recommended for a "contingency" status. The proposals are
described in greater detail below:
A. Route 187
Route 187 currently provides:
. 30 minute service from 5:00 a.m. to 7:30 a.m. on weekdays,
. 30 minute service from 3:30 p.m. to 7:30 p.m. on weekdays,
. 60 minute service between those peaks on weekdays,
. 60 minute service on Saturdays from 7:00 a.m. to 8:00 p.m.,
. 60 minute service on Sundays from 8:00 a.m. to 7:00 p.m.
The submitted proposal would:
l. Extend 30-minute service on weekdays during the midday, at an estimated annual cost to the City
of$73,000.
2. Extend hours of operation only on Saturdays and Sundays from 5:00 a.m. to 11:00 p.m., and
increase service to 30 minutes until 7:00 p.m. Estimated annual cost to the City is $37,000 for
Saturdays and $47,000 for Sundays.
Thus the total cost of the proposal to the City is estimated at $157,000 per year for at least 5 years.
Current ridership averages 540 per day. Metro staff estimates an increase of 226 riders per day during
weekdays, 440 riders on Saturdays, and 367 riders on Sundays, for a net annual increase of 109,580 riders
per year, the highest of any proposal outside of Seattle.
All of the Financial Partnership proposals deemed to meet the eligibility requirements were approved.
The resultant subarea allocations are 48.6% to the West, 29.3% to the East, and 22.1% to the South,
demonstrating the County's economic imbalance and compounding existing subarea service inequities.
April 7, 2008
Land Use and Transportation Committee
Metro Service Partnerships
Page 2
B. Transit Speed and Reliabilitv
This proposal entails using improvements to reduce travel times on the RapidRide route being developed
for the SR 99 corridor between Federal Way Transit Center and SeaTac. If a 10% travel time reduction.
can be demonstrated for the entire corridor, the City would receive 5,000 annual service hours, equivalent
to roughly $167,000 of financial partnership funds. This could be achieved by the improvements in
providing HOV lanes on the corridor between S 272nd Street and S 3 12th Street, and transit signal priority
treatments, which may be implemented by King County anyway. However, we would not be able to
show this improvement until Phase IV of SR 99 is completed in 2011. In order to show the required 10%
travel time reduction, this proposal was a team effort with the cities of Kent, Des Moines, and SeaTac.
Agreement had not been reached about how the service hours would be divided between the cities,
however.
Financial partnerships take precedence in prioritization of service hours. As a consequence, only two
Transit Speed and Reliability partnerships are approved - one in the West subarea, and half of one in the
East subarea. However, if other partnerships are not executed, our proposal is second in line for selection
on the contingency list. The County Council chose to not use the 30,000 service hour contingency to
award additional proposals.
Summary
The financial partnerships require that the City commit to a minimum of five years of paying for one-third
the cost of providing the service. The estimates provided are based on the City's one-third share of the
cost. It was hoped that the service hours from the Transit Speed and Reliability Partnerships may be used
to offset the expense of the Financial Partnership. Metro staff has since clarified that this cannot be done.
cc: Project File
Day File
COUNCIL MEETING DATE: April 15, 2008
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CELEBRA nON PARK MAINTENANCE BUILDING
POLICY QUESTION: Shauld the City apprave the installatian 'Of a pre-engineered metal building and autharize
the Assistant City Manager ta enter inta a cantract with the successful bidder?
COMMITTEE: PRPSC
MEETING DATE: Apri18, 2008
CATEGORY:
[gI Consent
D City Council Business
o Ordinance
o Resolution
o
o
Public Hearing
Other
.~!~J.!!..~!>.2~!..!l.Y.:,..~.~.~p!!~!!.~~E4?...;I.>..~!.~~..~...!..~~i!.i.~!~~.M~!l:g~!:..___.......................................... ...~~~!..:..~.~~.~........_..........._._.._......_.__
History: Staff bid the supply and installation of a metal building on Nov 8th, Nov 30th and again on Dec7th
using the Small Works Roster and advertising. The first two bids produced no results even though contractors
demonstrated an interest. The third effort produced one bid of $114,795 which was significantly higher then
the Architects estimate of $75,344. This high bid was rejected in favor of an attempt to re-bid the supply and
installation separately. The strategy is that there are smaller qualified installers that would bid if they didn't
have to supply the building also.
Staff received 2 bids March 20, 2008 following a competitive bid process for the installation of a pre-
engineered metal building in Celebration Park. Following are the responsive bid results:
1. D&T General Contracting - $28,320.00 + 2,548.80 tax = $30,868.80
2. MWR Company - $67,564.25 + 6,080.78 tax = $73,645.03
Note: Adding the pre taxed bids of: $28,320 installation to the recent $55,223 supply only award, totals
$83,543, which is a $31,252 savings over the one high supply and install bid of $114,795 received in
December 2007.
Budget: The approved funding for the Celebration Building is $213,000 and the installation bid is close
to the $27,000 pre tax estimate that was developed a year ago. Staff will perform site work and some of
the interior work to keep the whole project within budget.
i\ttach~ents:N1\
QP!.~~~~__~.~!!~!~.~!:~.~~..~A._......................................................_..........._...._....................._._............................................._...___......_.....__.........._.__.
STAFF RECOMMENDATION: Staff recommends Council accept the bid from D&T General Contracting for
$30,868.80 and authorize the Assistant City Manager to execute a contract for the installation of a pre-engineered
metal building in Celebration Park.
~ Ac;\
DIRECTOR ApPROVAL: ->...1-
to Committee
CITY MANAGER ApPROVAL: ~
~ttee
COMMITTEE RECOMMENDATION: Forward the a eptance for the installation of a pre-engineered metal
maintenance building in Celebration Park to fu ouncil n Ap . or approval.
PROPOSED COUNCIL MOTION: "I mave a 'Pr val 'Of accepting the bid fram D&T General Cantracting far
$30,868.80 and autharize the Assistant Ci Manager ta execute a cantract far the installatian 'Of a pre-
engineered metal building in Celebration Park"
(BELOW TO BE C'OMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02106/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
COUNCIL MEETING DATE: April 15, 2008
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: LANDSCAPE BID ACCEPTANCE
POLICY QUESTION: Shauld the City accept Landscape Services bids and autharize the Assistant City Manager
ta enter inta a can tract with the successful bidders?
COMMITTEE: PRPSC
MEETING DATE: April 8, 2008
CATEGORY:
IZI Consent
o City Council Business
o Ordinance
D Resolution
o
o
Public Hearing
Other
.~!~!.~..~!>>.2~!~Y.~_~.!.~l?h~p.:.P.s~~~~_.~~!.~~..~E~~!!i.!!~~...M.~~g~~.............. ~~!!...~ ~.~.~.~.._................__._
Background: Staff solicited landscape services bids for eight (8) City sites which include City Hall, FW
Community Center and 6 Parks. Seven companies from the Small Works Roster attended a pre-bid
meeting. Three companies submitted the following annual bid cost for all 8 sites:
Omni Landscape Services $77,375.93
Facility Maint.Contractors $80,878.00
Green Effects
$107,721.97
Note: Each contractor was clearly informed that the City reserved the right to split the sites into more
then one contract if there was a significant advantage. By splitting the eight sites into two separate
contracts a $4,421.52 annual savings can be achieved by awarding Green Effects the Community Center
and English Gardens Park and award Onmi Landscape Service the remaining 6 sites.
Split Award results:
Omni Landscape Services; 6 sites - $46,780.97 annually +5% contingency = $98,240.04 total two year
contract.
Green Effects; 2 sites ---------------- $26.173.44 annually +5% contingency = $54,964.22 total two year
contract.
Total split award $72,954.41 annual cost.
Budget: These Landscape Services will be funded through Council approved budgets allocated in 3
different accounts; City Hall/Building, FW Community Center and Park Operations.
Attachments: NA
Options Considered: NA
STAFF RECOMMENDATION: Staff recommends Council accept the bids from Omni Landscape Services and
Green Effects and authorize the Assistant City Manager to execute two contracts for Landscape Services in the
amount of $98,240.04 for Omni Landscape Services and $54,964.22 for Green Effects.
CITY MANAGER ApPROVAL: . ~ DIRECTOR APPROVAL: ~ ~c~L
COMMITTEE RECOMMENDATION: Forward the bid acceptance for Landscape Services in the amount of
$98,240.04 for Omni Landscape Services and $54,964.22 for Green Effects to full Council on consent agenda
April 15 for approval.
Committee Chair
er
PROPOSED COUNCIL MOTION: "I mave appraval ta accept the bids fram Omni Landscape Services and
Green Effects and autharize the Assistant City Manager ta execute twa can tracts far Landscape Services in the
am aunt af$98,240.04far Omni Landscape Services and $54,964.22far Green Effects".
(BELOW TO BE C'OMPLETED BY CITY CLERKS 'OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
COUNCIL MEETING DATE: April 15, 2008
.......__...._..._............_......._..~ ........... ....................................... ......................--............................-. ............-..
ITEM #: 5>h
...................-..............---..--......-....--.........--......--.-.---....
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Drug Pilot Program - Prometa
POLICY QUESTION:
SHOULD THE CITY OF FEDERAL WAY PILOT THE "PROMET A PROTOCOL?"
COMMITTEE: PRHS&PS
MEETING DATE: April 8,2008
CATEGORY:
IZI Consent
o City Council Business
o Ordinance
o Resolution
o
o
Public Hearing
Other
STAFF REpORT By: L YNNETIE HYNDEN, HUMAN SERVICES MANGER
DEPT: Community Development
Services
The Human Services Commission reviewed and considered whether the "Prom eta Protocol" be funded
as a pilot drug program for the citizens of Federal Way. The Commission, by a unanimous vote,
recommended that the City of Federal Way not fund the pilot Prometa Protocol.
Attachments:
The staff report to the Human Services Commission regarding the "Prometa Protocol" is attached.
Options Considered:
Option I:
Option II:
The Federal Way City Council not fund the Prometa Protocol pilot program.
The Federal Way City Council approves spending the earmarked funds set aside for piloting the
Prometa Protocol. The City Manager or his designee will be authorized to execute a contract
with Pierce County Alliance to administer Prometa to qualified, screened citizens from the City
of Federal Way.
STAFF RECOMMENDATION: Staff recommends option I.
CITY MANAGER ApPROVAL: ~ DIRECTOR ApPROVAL:
6#-
Committee
~
Council
COMMITTEE RECOMMENDATION: THE COMMITIEE MOVES TO RECOMMEND OPTION :r.
OPTION I: The Federal Way City Council not fund the Prometa Protocol Pilot Program.
OPTION II: The Federal Way City Council approves spending the earmarked funds set aside for piloting the
Prometa Protocol. The City Manager or his designee will be authorized to execute a contract with Pierce County
Alliance to administer Prometa to qualified, screened citizens from the City of Federal Way.
ROPOSED COUNCIL MOTION:
the Federal Way City Cauncil Nat Fund the Prameta Pratacal
Pilat Pragram "
(BELOW T'O BE C'OMPLETED BY CITY CLERKS 'OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
. .
Memorandum
Date:
From:
To:
Via:
Subject:
March 12,2008
Lynnette S. Hynden, Human Services Manager
Human Services Commission
Greg F ewins, Community Development Director
Drug Pilot Program - Prometa
Policy Question:
Should the City of Federal Way pilot the "Prometa Protocol"?
Summary of Staff Recommendation:
After reviewing Hythiam, Inc materials and literature on Prometa, then speaking with
professionals who have first hand experiences and knowledge of the Prometa Protocol,
staff recommends that the funding earmarked for a pilot drug program, Prometa, be held
back at this time.
Background:
The Council earmarked $20,000 from the mid-biennium budget to explore whether a
drug intervention known as the "Prometa Protocol" should be accessible to the citizens of
Federal Way.
The medical intervention known as Prometa has been administered since 2003 on a very
limited basis in conjunction with a "traditional" drug and alcohol treatment program.
Staff found that there are no scientific random double-blind placebo studies completed or
published regarding the Prometa Protocol licensed by Hythiam, Inc.
Staff also found the limited written materials available are consistently balancing the
concerns over the lack of scientific studies with the very positive personal testimonials
from participants. Because ofthe time limitations, neither the personal accounts nor a
"random double-blind" study can provide insight into Prometa's long-term lasting
impacts or successes.
Professionals in the Substance Abuse Treatment field tend to agree that ifPrometa can do
what it claims it can do, it would be a useful tool in treating the disease of addiction.
Prometa is not a treatment program but could be used as a tool to enhance the
effectiveness of treatment.
Currently, there are two very large random double-blind placebo studies being conducted.
The outcomes ofthese studies will provide scientific data as to the effectiveness of the
three approved FDA drugs that are now combined for a new use. It is hoped by many
that the Prometa protocol will be able to "correct the condition it was intended."
Page 1
On the other hand, scientific studies take time; therefore the UW has chosen another
methodology to study the Prometa Protocol. They will be reviewing current literature as
well as the measurable outcomes from selected participants involved with the Family
Dependency Drug Court in Pierce County. Can Prometa positively impact systems is
their focus. This study will not begin unless the state continues to fund the project.
The dollar amount earmarked for a pilot drug program is very limited compared to the
funds allocated by Pierce County or the State of Washington.
Prometa:
. Prometa is a medical intervention. It is not an addiction treatment program.
Prometa was introduced in 2003 and it is licensed by Hythiam, Inc. The three
drugs used in the "Prometa Protocol" are not owned or produced by Hythiam.
. The protocol is a combination ofthree medications known as "Prometa Protocol."
It has not been proven effective by the FDA or shown its ability to "correct the
condition it was intended." A random double-blind placebo study with controls
for conditions needs to be completed before the protocol is submitted for FDA
approval. Hythiam, therefore, continues to administer the drug combination
under the FDA exception clause "off label" usage.
. The Prometa Protocol is a combination of both oral and intravenous infusions.
This process claims to suppress the addict's cravings. By suppressing the
cravings it is believed that the addict can be more attentive to their treatment
program, which would lead to successful completion and sobriety.
. The drugs individually are relatively cheap, however, the combination of the three
and the method in which they are administered costs the private patient between
$12,000 and $15,000 for the procedure. The accompanying drug treatment
program would be an additional charge.
National and Local Connections to Prometa:
. Last year, the State of Washington, according to a Division of Alcohol and
Substance Abuse (DASA) official, funded $395,000 for the Prometa medical
intervention. They limited the number of clients to the Family Dependency Court
in Pierce County.
. DASA contracted with The Pierce County Alliance (PCA) in Tacoma,
Washington. PCA is currently charging the state $5,000 per person for the
Prometa Protocol. The agency is authorized by Hythiam to administer the
protocol and PCA is the sole contractor with DASA to provide Prometa.
. Pierce County Alliance is also a certified DASA approved Drug and Alcohol
Treatment Agency.
Page 2
· The State of Washington otherwise does not fund Prometa. Private insurance
companies will not fund the protocol.
· The Washington State Department of Corrections (DOC) has declined to invest in
the Prometa Protocol. DOC does offer drug and alcohol programs to their
population.
· The National Association of Drug Court Professionals (NADCP) no longer
accepts Hythiam as a corporate sponsor. NADCP is awaiting further scientific
studies to support Prometa's claims.
. Based on this decision by the NADCP, the King County Superior Drug Court
Diversion Program has decided that the Prometa Protocol is not an option for their
clients.
· In mid-2007, Pierce County Council approved $800,000 to fund the Prometa
Protocol. The medical intervention was only going to be offered to offenders
referred by the county's drug courts. The offender, in addition to Prometa, would
also be participating in the PCA treatment program.
· In November 2007, Pierce County suspended funding for the program after the
county auditor's report announced that Pierce County Alliance and Hythiam, Inc,
who markets Prometa, had "greatly exaggerated" its success rate in order to
secure the funding.
· Researchers at UCLA and University of South Carolina are in the process of
conducting random double-blind placebo studies, however, the results will not be
available until sometime later this year or early next year.
· The University of Washington Alcohol and Drug Abuse Institute is due to
received funding totaling $105,000 from the state to conduct research. This
funding coincided with the DASA allocation to specifically study Prom eta and the
Family Dependency Court System. The state funding is subject to cuts this year.
Both the House and the Senate have cut the funding from their budgets. The
Governor continues to support the funding in her budget.
· The University of Washington's study will not be a random double-blind placebo
study. The UW's study is designed to review current literature and review the
outcomes ofthe participants from the Family Dependency Court program. They
will be examining whether Prometa had an impact on the child placement and
child welfare systems. Specifically, the question pending is ifPrometa is added to
a treatment program would the addition demonstrate measurable successes in
systems that are linked to the Family Dependency Court process. Dr. Donavan
from the University of Washington explained that the study might not get
underway at all pending the outcome ofthe funding issues.
Page 3
Prol'osed Motions:
Option I
The Human Services Commission recommends the Prometa Protocol pilot
program not be funded by the Federal Way City Council.
Option II
The Human Services Commission recommends that earmarked funds for piloting
the Prometa Protocol be given to the Pierce County Alliance. PCA will administer
Prometa to qualified and screened citizens who reside within the city limits of Federal
Way.
Analvsis of Staff Recommendation:
Staff recommends Option I. The studies currently underway should be able to
confirm that the Prometa Protocol is an "effective tool" when coupled with a dependency
treatment program. Treating addiction is very difficult and often time the addict will
relapse before sobriety is fully achieved. Therefore, to have a tool that can demonstrate
the ability to safely and consistently curb the cravings associated with drug use could be
considered a break through in addiction treatment.
The Prometa Protocol could not only impact individual lives but also positively
impact the overall human services systems if deemed effective. Because addiction is tied
so closely with all human services systems, staff is very eager to monitor Hythium's
progress in substantiating the medical intervention, Prometa. Validating Hythiam, Inc.'s
claims that the Prometa Protocol can be an essential tool in treating addiction will be a
big step forward in dependency treatment programs.
At this point, however, the accessibility and availability for the City of Federal
Way to benefit from the Prometa Protocol is very limited. Moving forward at this time
would be a risky decision. Waiting on the appropriate processes to substantiate the
viability of the medical intervention is necessary.
Pierce County Alliance is the only facility licensed to administer the protocol, so a
Federal Way citizen would have to travel out ofthe county to receive the treatment. The
transportation barriers could influence the outcome ofthe medical intervention. Another
consideration is that at this time, the State is in the process of considering withdrawing
the Prometa funding. There is also additional speculation that even the UW study on how
Prometa impacts the court systems might not get underway as a result of the loss of
funding.
A greater concern by staffis for the citizens of Federal Way. While Prometa
might one day be a wonderful tool to enhance dependency treatment, today it is just an
experimental procedure with wonderful personal experiences. Equally persuasive are the
arguments against funding the pilot program until further studies are complete.
Page 4
Staff considered that while this is a highly unusual opportunity that could serve a
few Federal Way citizens and make a positive impact in their lives, the question is
whether the funding is aligned with the voices of the community that were heard during
the Housing and Human Services Comprehensive Plan process. The citizens and
agencies who participated in the plan's public processes showed their concerns and felt
the greater needs for the City of Federal Way were affordable housing and continued
support for funding resources such as basic needs for children and low income families.
Finally, staff recognizes that the City of Federal Way is not without its share of
chemical dependent citizens. Both the State and counties throughout the state are much
more adept at providing subsidized addiction treatment because of the vast costs just to
treat one person. Federal Way does have private treatment agencies but the closest public
funded treatment agency is in Kent. Public resources have been equally impacted by the
consistent reduction in agency funding sources over the years. Future opportunities for
the City of Federal Way collaborating with an agency providing public funded treatment
for the citizens of Federal Way is a possibility; however we are not there yet.
Commission Recommendation:
The Human Services Commission moved to forward Option I to the Parks, Recreation,
Human Services and Public Safety Committee for recommendation to the full Council at
their April 15, 2008 meeting.
Page 5
1(3/17/2008) Lynnette Hynden - docume....E%20AMC%20CONF%20S6149.3.pdf
Page
, ,co
1 out -pat i ent); (d) treat ment compl et i on rat es; (e) funds spent; and (f)
2 where appl i cabl e, t he est i mat ed cost of f set sin medi cal assi st ance on
3 a tot al and per pati ent basi s.
4 (3) $698,000 of t he general f und--st at e appropri at ion for fiscal
5 year 2008, ( ($698, 000 )) $1. 060. 000 of t he general f und--st at e
6 appropri at i on for fiscal year 2009, and $154,000 of t he general f und--
7 federal appropriation are provided solely for the expansion authori~ed
8 under t he 2005-07 bi enni al appropri at ions act of cheni cal dependency
9 treat ment servi ces for ni nors who are under 200 percent of t he federal
10 povert y level. The depart ment shall moni tor t he number and type of
11 cl i ent sent eri n9 treat ment I f or purposes of det ermi ni ng pot ent i al cost
12 off set s.
13 (4) $250, 000 of t he general f und--st at e appropri at i on for fiscal
14 year 2008 and (($260,000 )) $145.000 of t he general f und--st at e
15 appropri at ion for fiscal year 2009 are provi ded sol el y for the
16 department to contract for the foil owi n9: (((a) Api I ot program i n
17 ri eree eotlnt y far f ami 1 y t herapel:lt i e . eourt servi ees that i nell:lE!e
18 eherrieal E!ependency treatment ~ith l:Ise of tRe prometa protoeol; anE! (b)
19 an i nE!ependent eval tlat or to e'v'all:Jat e the ef f i eaey of the treat ment ..i t R
20 the promot a prot oeol tlnder t he pi I 6t program as compareE! toot her E!rtlg
21 treat ment anE! t 6 n6 treat ment )) (a) To cont I nue an exi st i no pi lot
22 program i n Pi erce count y I i mi t ed t 0 i ndi vi dual s who beoan chemi cal
23 dependency. treat ment usi ng the promet a prot ocol pri or to March 11.
24 2008: and (b) to cont ract wi than independent eval uat or who will. to
25 the ext ent possi bl e. eval uat e t he Pi erce count y pi I ot . as well as
26 sUlTfTI8ri ze ot her research on the ef f i cacy of the promet a prot ocol .
27 (5) $4.449.000 of the oeneral f und--st at e appropri at i on for fiscal
28 year 2009 and $1.000.000 of the cri ni nal just i ce treat ment account
29 appropri at i on are provi ded sol el y to i mpl ement Enorossed Subst i t ut e
30 Senat e Bi II No. 6665 (cri si s response) to cant i nue exi st i ng pi I at
31 proorams and to expand the i nt ensi ve cri si s response pi I at to Sookane
32 count y. The cont i nuat i on and expansi on of t he pi I ot programs expi res
33 June 30. 2009 1ft he bi II is not enact ed by June 30. 2008. the
34 amount s provi ded i n t hi s subsect i on shall I apse.
35 Sec. 209. 2007 c 522 s 209 (uncodi f i ed) is amended to read as
36 f 01 loWs:
Off i ci al Pri nt - 122
2687-S.E AMC CONF S6149.3
COUNCIL MEETING DATE: April 15, 2008
ITEM #: 6ec
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Code Compliance Overview
POLICY QUESTION: What direction does the council want to pursue for abandoned shopping cart control?
COMMITTEE: Land Use Transportation Committee (LUTC)
MEETING DATE: April 7,2008
CATEGORY:
D Consent
I:8J City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
_~!.~!,!_~!'.g~!~Y:I{. Lee. ~(lil~X,~~i~~i~gQXf!~ia1
ATTACHMENTS: I) Staff Report
2) Sign Pick Up Memorandum
3) Unfit Structures Letter
4) Abandoned Shopping Cart Letter
DEPT: Community Development Services
OPTIONS CONSIDERED: [n regards to the draft shopping cart letter: 1) approve the draft letter as presented; 2)
modify and approve the draft letter; or 3) decline to proceed with the shopping cart letter and provide direction.
STAFF RECOMMENDA nON: Staff recommends Option # 1) adopt draft letter as presented.
CITY MANAGER ApPROVAL:'
~
DIRECTOR APPROVAL:
~
Committee
6fI.1&-
Council
COMMITTEE RECOMMENDATION: Place the Code Compliance Overview on the April 15, 2008, Business
Agenda and approve '::':OPPing cart letter sentcd. a ~~
Chair Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the LUTe recommendation. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
~
CITY OF ., ~
Federal Way
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
To:
VIA:
FROM:
April 7, 2008
Land Use/Transportation Committee (LUTC)
Cary Roe, Assistant City Manager ~
Greg Fewins, Director of Community Development~ces
R. Lee Bailey, Building Official
SUBJECT:
Code Compliance Overview
MEETING DATE: Apri115,2008
A. POLICY QUESTION
1. Code compliance overview.
2. What direction does the council want to pursue for abandoned shopping cart control?
B. BACKGROUND
Due to the high number of shopping carts being left throughout the city, it has become necessary for us to
contact those businesses located within the city with regard to those abandoned carts. Abandoned shopping
carts constitute a public nuisance and create a potential hazard to the health and safety of the public. Carts
left on sidewalks and other pedestrian access paths can be dangerous, especially at night. Carts left along
driving surfaces may interfere with vehicular traffic in the city and could create potential traffic hazards.
The accumulation of wrecked and dismantled abandoned shopping carts on public and private property
tends to create conditions that reduce property values and promotes blight and deterioration in our
commercial and residential neighborhoods.
c. STAFF RECOMMENDATION
Staff recommends that the enclosed letter concerning abandoned shopping carts be approved for
distribution.
D. COMMITTEE OPTIONS
In regards to the draft shopping cart letter: 1) approve the draft letter as presented; 2) modify and
approve the draft letter; or 3) decline to proceed with the shopping cart letter and provide direction.
- I -
~
CITY OF 41' ~
Federal Way
Oeparbnent of Community Development Services
33325 8th Avenue South
PO Box 9718
FederalVVay, VVA 98063-9718
253-835-2601 - Fax: 253-835-2609
www.citvoffederalwaV.com
MEMORANDUM
February 7, 2008
To: Cary Roe
FROM: R. Lee Bailey
RE: Sign Pick Up
In order to provide clarification in the city's enforcement of our sign code,
the following will constitute the procedure and criteria for establishing the
ROW boundaries and the removal of signs from within the city ROW.
For purposes of enforcement of the City of Federal Way sign code, the
ROW is defined as that area of public property which contains road ways,
planting strips, sidewalks and landscaping, street lights and utility
infrastructure. The utility infrastructure generally runs parallel to the road
surface and is delineated by public and private utility indicators such as
telephone/power poles, fire hydrants, in and above ground vaults, phone and
cable risers and other identifiable utility indicators. Since there is no
uniformity in the placement of the utility indicators, those farthest from the
road surface will be used to establish the right of way boundaries.
Based on the above definition, it will be the practice of staff to record illegal
signs by taking a digital picture before removing signs located within the
city ROW. Signs located on private property shall be addressed through
civil enforcement. Signs that cannot be clearly identified to be located in the
city ROW shall be treated as located on private property. Signs attached
directly to poles or fences in the city ROW shall be removed. Be aware on
some streets in the city, the utility indicators are placed along fences which
separate private and the city ROW. In these instances there may not be
sufficient area to legally place a sign. It is the sign installer's responsibility
to place their sign in compliance with this written policy,
All other sections of the city's sign code will be enforced as adopted.
Date:
Name
Street #
City, State and Zip
Re; Unfit Structures
Dear
On November 6th, 2007 the City of Federal Way enacted ordinance 07-566,
Unfit Structures (attached). This ordinance was passed in an effort to deal
with the increasing number of derelict buildings in our city. The ordinace
lays out parameters for identifying those buildings which are unfit for human
occupancy, create an attractive nuisance or are a danger to the health and
well being of the public in general.
The City of Federal Way is committed to maintaining quality neighborhoods
and an excellent community environment. Our citizens expect us to do
everything we can in this regard. We know that this can only be achieved by
cooperation of all. Our records indicate you are the owner of the property
located at ................................. which has been identified as an unfit
structure.
The City of Federal Way has received numerous complaints concerning this
problem and feels it is necessary to act. The purpose of this notification is to
allow you to contact the city's code enforcement department with any plans
you may have concerning the removal or rehabilitation of the subject
property. Please contact me within ten (10) business days from the date of
this letter to discuss alternatives regarding this property.
Failure to contact the city in regards to this property will result in further
enforcement action which could include demolition of the structure in
question.
Sincerely,
R. Lee Bailey CBO
Building Official
Date:
Address:
RE: SHOPPING CARTS
Dear
Due to the high number of shopping carts being left throughout the city, it has become necessary for city
staffto contact all businesses who use shopping carts regarding this problem. Abandoned shopping carts
constitute a public nuisance and create a potential hazard to the health and safety of the public. Carts left
on sidewalks and other pedestrian access paths can be dangerous, especially at night. Carts left along
driving surfaces may interfere with vehicular traffic in the city and could create potential traffic hazards.
The accumulation of wrecked and dismantled abandoned shopping carts on public and private property
tends to create conditions that reduce property values, and promotes blight and deterioration in our
commercial and residential neighborhoods.
The City of Federal Way is committed to maintaining quality neighborhoods and an excellent community
environment. Our citizens expect us to do everything we can in this regard. We know that this can only be
achieved by cooperation of all. The City of Federal Way has received numerous complaints concerning
this problem and feels it is necessary to act. Your business is one that has been identified as using carts
within the city.
There are many ways for you to help us address this problem. Examples include hiring a private, fee-
based cart return service, assigning staff to do cart sweeps, or installing a state-of-the-art anti-removal
system. The City of Federal Way is seeking help from businesses such as your own in eliminating this
problem by voluntarily picking up and removing those carts that may belong to you. City staff will be
monitoring this effort for the next ninety days to assess our business community's willingness to address
this issue. If the problem persists, city staffwill approach the City Council regarding their direction.
Options may include civil citations or code amendments providing fines and/or other penalties.
If your business is already engaged in eliminating this problem, we appreciate and applaud your voluntary
effortS to help us enhance the quality of life in Federal Way. If you have any questions regarding this
matter, please call me at 253-835-2620.
Sincerely,
R. Lee Bailey
Building Official
.
.
.
COUNCIL MEETING DATE: APRIL 15,2008
ITEM #: 6b
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: RESOLUTION: SOUND TRANSIT LIGHT RAIL
POLICY QUESTION: SHOULD THE COUNCIL ADOPT A RESOLUTION URGING THE
SOUND TRANSIT BOARD TO ADOPT AN ST2 PLAN THAT INCLUDES FUNDING FOR A
LIGHT RAIL LINE AT LEAST TO HIGHLINE COMMUNITY COLLEGE (HCC) AND FOR
THE PURCHASE OF RIGHT-OF-WAY BETWEEN HCC AND TACOMA.
COMMITTEE: NONE
MEETING DATE: NA
CATEGORY:
D Consent
(gI City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REpORT By: Linda Farmer DEPT: City Manager
Attachments: Resolution
Options Considered:
1. Approve a Resolution in support of an STI Plan
2. Do not approve the Resolution in support of the ST2 Plan
STAFF RECOMMENDATION: APPROVE
CITY MANAGER ApPROVAL:
COWlcil
/
N/A
N/A
Committee
DIRECTOR ApPROVAL:
N/A
Committee
COMMITTEE RECOMMENDATION:
N/A
Committee Chair
N/A
Committee Member
N/A
Committee Member
PROPOSED COUNCIL MOTION(S):
"1 move approval of a Resolution supporting the ST2 Plan that includes funding for a Light Rail Line to
Highline Community College and for the purchase of Right-of-way between Highline Community College and
Tacoma, "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
DRAFT
RESOLUTION NO.
.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, URGING THE
SOUND TRANSIT BOARD TO ADOPT AN ST2 PLAN
THAT INCLUDES FUNDING FOR A LIGHT RAIL LINE
AT LEAST TO HIGHLINE COMMUNITY COLLEGE
(HCC) AND FOR THE PURCHASE OF RIGHT-OF-WAY
BETWEEN HCC AND TACOMA.
WHEREAS, Federal Way is'the third largest city in King County and is the sixth
most population-dense city in King County; and
WHEREAS, Federal Way is in the middle of a major traffic corridor where Sound
Transit's own data predicts transit demand will increase 180% in the coming years --the
second largest increase forecast for the entire Puget Sound region; and
WHEREAS, according to King County METRO data, Federal Way has the
highest transit rider ship in South King County -- upwards of 8,000 trips per day; and
.
WHEREAS, King County METRO staff predict that adding Light Rail to
Southwest King County will not cause current bus rider ship to fall dramatically, as has
occurred with other Valley Cities' routes now served by Sounder Commuter Rail; and
WHEREAS, the popular Sounder Commuter Rail is located well to the East of
major population centers in Southwest King County such as Federal Way and is not
easily accessible by the bulk of its residents; and
WHEREAS, Federal Way is a vibrant, growing city following the guidelines of
the Growth Management Act and strategically directing its growth to its downtown area,
the first example being the groundbreaking ofthe Symphony Development in
Spring/Summer 2008;
e
.
.
.
WHEREAS, of high-capacity mass-transit options, Light Rail is by far the most
environmentally friendly; and
WHEREAS, the City of Federal Way supports Sound Transit's long-term vision
of constructing a high-capacity mass-transit "spine" between Seattle and Tacoma and
points beyond; and
WHEREAS, in ideal circumstances, the City of Federal Way would prefer to see
Light Rail connecting the current airport terminus with the Federal Way Transit Center;
and
WHEREAS, the City of Federal Way understands that certain financial
restrictions make the Federal Way Transit Center terminus highly unlikely in the next
voter package; and
WHEREAS, the next best terminus serving Federal Way would be the Highline
Community College main campus with its 16,000 students; and
WHEREAS, the largest single percentage of Highline Community College's
student population comes from Federal Way; and
WHEREAS, Federal Way is ideally located between major job centers in Seattle
and Tacoma, and a significant portion of Federal Way residents commute out of the city
in various directions; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY RESOLVES AS FOLLOWS:
Section 1. The City of Federal Way City Council supports Sound Transit's long-
term vision of constructing a high-capacity Light Rail "spine" between Seattle and
Tacoma and points beyond.
Section 2. The City of Federal Way City Council urges the Sound Transit Board
to adopt a draft plan that includes funding for at least an interim Light Rail southern
terminus at Highline Community College, and funding for the study and purchase of
right-of-way alignment between Highline Community College, through Federal Way to
Tacoma, Wash.
Section 3. Severability. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any
other section, sentence, clause or phrase of this resolution.
Section 4. Ratification. Any act consistent with the authority and prior to the
effective date of this resolution is hereby ratified and affirmed.
Section 5. Effective Date. This resolution shall be effective immediately upon
passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this _ day of , 2008.
.
.
CITY OF FEDERAL WAY
DEPUTY MAYOR, ERIC FAISON
ATTEST:
City Clerk, Laura Hathaway, CMC
.
.
.
.
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION No: