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Home My WebLink AboutPK09-114 - Original - City of Kent - Community Development Block Grant (CDBG) Kiwanis #1 Playground Improvement Project - 01/01/2009 4^4 tvlk, nreecords KENTDocument WASHIMGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: CDBG Vendor Number: JD Edwards Number c/ Contract Number: pkoc - I, This is assigned by City Clerk's Office Project Name: Kiwanis #1 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: CDBG Agreement Contract Effective Date: 1/1/2009 Termination Date: 12/31/2009 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: D Wilson Department: Parks/Human Services Detail: (i.e. address, location, parcel number, tax id, etc.): CDBG Agreement between Cityof Kent as CDBG Administrator and City of Kent as CDBG Recipient. Funds are used to improve the Kiwanis #1 Playground CM 5/5/2009 S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 CDBG AGREEMENT BETWEEN THE CITY OF KENT AS CDBG ADMINISTRATOR AND THE CITY OF KENT AS CDBG RECIPIENT FORTHE KIWANIS #1 PLAYGROUND IMPROVEMENT PROJECT This Agreement, entered into this 1st day of January, 2009. between the City of Kent, a Washington municipal corporation (hereinafter the "City"), as the administrator of federal Community Development Block Grant funds, and the City of Kent, as an award recipient of a portion of those Community Development Block Grant funds (hereinafter the "Agency"). RECITALS WHEREAS, the City is an entitlement City applicant for Community Development Block Grant ("CDBG") funds (Catalogue of Federal Domestic Assistance-CFDA 14.218) under the Housing and Community Development Act of 1974 (the `Act"), as amended, Pub. L. No. 93-383, 88 Stat. 633 (1974), and anticipates receiving CDBG funds for the purpose of carrying out eligible community development and housing activities under the Act and under regulations promulgated by the Department of Housing and Urban Development ("HUD"), at 24 CFR § 570, et seq.; and WHEREAS, the City desires to contract with the Agency for the performance of certain i eligible activities described within this Agreement; and r WHEREAS, it is appropriate and mutually desirable that the Agency be designated by the City to undertake the aforementioned eligible activities, so long as the requirements of the Act, HUD regulations, and state and local laws are adhered to, as provided for herein; and WHEREAS, the purpose of this Agreement is to provide for cooperation between the City and the Agency, as the parties to this Agreement, in the provision of such eligible activities; and WHEREAS, the parties are authorized and empowered to enter into this Agreement pursuant to the Act, RCW 35.21.730 to .735, and/or by the Constitution and the enabling laws of the State of Washington; NOW THEREFORE, For and in consideration of the terms and conditions provided in this Agreement, the parties mutually covenant and agree as follows: i INDEX To AGREEMENT PART I - GENERAL CONDITIONS................................................................................1 1. Scope Of Agreement..........................................................................I............1.1 2. Scope Of Project .............................................................................................1 3. Program Benefit - § 570.208(a) ........................................................................1 4. Commencement And Termination Of Project(s) ...................................................2 5. Administration ................................................................................................2 6. Compensation And Method Of Payment..............................................................2 7. Eligible Costs ..................................................................................................3 8. Operating Budget............................................................................................4 9. Funding Alternatives And Future Support ...........................................................4 10. Amendments ..................................................... .....................4 ........................ 11. Assignment And Subcontracting ........................................................................4 12. Hold Harmless And Indemnification ...................................... ..........4 ................... 13. Project Close-Out ................... ........................................................................5 14. Insurance.......................................................................................................5 15. Conflict Of Interest..........................................................................................5 16. Suspension And Termination Of Agreement ........................................................5 17. Safeguarding Of Client Information....................................................................6 PART II - FEDERAL, STATE, AND LOCAL PROGRAM REQUIREMENTS...............................7 1. Nondiscrimination............................................................................................7 2. Section 504 And Americans With Disabilities Act .................................................9 3. Procurement Standards.................................................. ..............9 .................... 4. Uniform Administrative Requirements And Cost Principles - § 570.502, 570.610 ... 10 5. Program Income - § 570.504..........................................................................10 6. Public Information ......................................................................................... 11 7. Other Federal And State Requirements ............................................................ 11 8. Local Requirements ....................................................................................... 11 Public service programs must comply with sections 9 and 10: .................................. 11 9. Nonsubstitution For Local Funding ................................................................... 11 10. Faith-Based Activities - §570.200(j) ................................................................11 Acquisition or improvement of real property projects must comply with sections 11 through 18 12 11. Accessibility.................................................................................................. 12 12. Environmental Review ...................................................................................13 13. Labor Standards - § 570,603 ..........................................................................14 14. Volunteers - 24 CFR § 70. . . .............. . . . . ........... ... .................. ................... . . ......... 15 15. Acquisition And Relocation.............................................................................. 15 16. Public Ownership...........................................................................................15 17. Reversion Of Assets - § 570.505 .....................................................................15 18. Property Management Standards.....................................................................16 19. Additional Local Requirements ........................................................................ 16 PART III - MONITORING & REPORTING REQUIREMENTS............................................. 16 1. Monitoring.................................................................................................... 17 2. Program Reporting ........................................................................................13 3. Fiscal Reporting Responsibilities ...................................................................... 17 4. Audits .......................................................................................................... 17 PART IV - RECORDKEEPING REQUIREMENTS ............................................................18 1. Program Records and Inspections.................................................................... 18 2. Program Benefit Records - § 570.506(b) .......................................................... 19 3. Financial Records .......................................................................................... 19 4. Records Of Program Operations, Management And Evaluation ............................20 5. Property Records...........................................................................................20 6. Procurement Records - OMB Circular A-110 .....................................................20 7. Nondiscrimination And Equal-Opportunity Records - § 570.506(g) ......................20 8. Conflict Of Interest........................................................................................21 9. Verification Of Subcontractor's Eligibility - 24 CFR 5 ..........................................21 10. Additional Requirements for Acquisition or Improvement of Real Property Projects 21 - u PART I - GENERAL CONDITIONS 1. SCOPE OF AGREEMENT The agreement between the parties shall consist of this Agreement and its signature page; the recitals page; the general conditions and any special conditions; the federal, state and local program requirements; the monitoring and reporting requirements; the recordkeeping requirements; each and every project exhibit, appendix, and attachment incorporated into the Agreement; all matters and laws incorporated by reference herein; and any written amendments made according to the general conditions. This Agreement supersedes any and all former agreements applicable to projects attached as Exhibits to this Agreement. 2. SCOPE OF PROJECT A. The Agency shall use the funds provided herein only to perform the activities authorized by this Agreement and as set forth in the CDBG Project Scope of Services, which is attached as Exhibit A and incorporated by this reference. In the case of multiple projects, each project shall correspond to a separate Exhibit. This Agreement may be amended from time to time, in accordance with the general conditions, for the purpose of adding new projects, amending the scope of work, or for any other lawful purpose. B. Agencies funded by the City to carry out neighborhood revitalization, community economic development, or energy conservation projects shall meet the qualifications of a Community Based Development Organization (CBDO) pursuant to 24 C.F.R. § 570.204(c). The "carry out" requirement "means that the CBDO undertakes the funded activities directly or through contract with an entity other than the [City], or through the provision of financial assistance for activities in which it retains a direct and controlling involvement and responsibilities." 24 C.F.R. § 570.204(a)(4). 3. PROGRAM BENEFIT - 24 C.F.R. § 570.208(a). Activities undertaken by this Agreement must predominantly benefit low and moderate income persons. At least seventy (70) percent of the persons served by these activities must be low or moderate income persons as defined in Exhibit B, which is attached and incorporated by this reference. The following requirements apply: A. The Agency shall ascertain household income of persons applying for and receiving assistance to assure compliance with the income limits defined in Exhibit B; and shall maintain records pursuant to Part IV of this Agreement, Section 2(B); or B. If the activity exclusively serves a clientele, which by federal regulation is "presumed" to be low and moderate income, individual income verification is not required. Persons eligible for this presumption are specified in Part IV of this Agreement, Section 2(C). In this case, the Agency shall maintain appropriate data to validate the presumption, as provided in Part IV, Section 2(C); or C. If the activity is such that it is not feasible to identify and record beneficiaries, the total population of the area from which the beneficiaries are drawn must be 1 predominantly low and moderate income. In this case, the Agency shall maintain substantiation data as required by Part IV of this Agreement, Section 2(D). D. The benefit to low and moderate income beneficiaries must be in the form of a free or reduced cost service. If beneficiaries are charged for services, the charges to low and moderate income beneficiaries, and to all other beneficiaries, shall be as specified in the Exhibit(s), if applicable. Changes to the structure of charges during the term of this Agreement (and, in the case of a facility project, for five years thereafter) must preserve an identical discount for low and moderate income beneficiaries, and the change must be approved by the City. E. The low and moderate income limits in effect at the time of execution of this Agreement are specified in Exhibit B. These limits are revised periodically by HUD. It is the Agency's responsibility to use any revised limits when they take effect. Revisions will be announced by and can be obtained from the City. 4. COMMENCEMENT AND TERMINATION OF PROJECT(S) A. The City shall furnish the Agency with a written notice to proceed. No work on a project shall occur without prior written approval from the City. Termination dates for individual projects shall be specified in the appropriate Exhibits. Costs incurred prior to the date written notice to proceed was given or after the termination date will not be reimbursed. The termination date may be changed through an amendment of this Agreement. B. Although the term of this Agreement shall run from January 1, 2009 through December 31, 2009, due to a possible delay in federal appropriations, the Agreement may not be executed by the parties until the term has already commenced. In such an event, all acts consistent with the authority of the Agreement and prior to the date of the Agreement's execution are hereby ratified and affirmed, and the terms of this Agreement shall be deemed to have applied. 5. ADMINISTRATION A. The Agency shall appoint a liaison person who shall be responsible for overall administration of CDBG funded project(s) and coordination with the City's Human Services Division. The person appointed shall be designated in Exhibit C, which is attached and incorporated by this reference. The Agency shall also designate one or more representatives who shall be authorized to sign the Reimbursement Requests and Program Accomplishments forms (attached as Exhibits D and E, respectively, if applicable) The name of the liaison person and representative shall be specified in the Exhibit(s). B. The Agency shall provide ten (10) days written notice to the City of any changes in program personnel or Board membership. C. The agency shall provide the City with a current list of its Board of Directors, general or limited partners, as applicable. 6. COMPENSATION AND METHOD OF PAYMENT A. The City shall reimburse the Agency only for eligible costs allowed pursuant to this Agreement, which are part of the activities specified in the Exhibit(s), and in an amount not to exceed the amount specified in Exhibit A, plus any miscellaneous 2 low surplus office equipment, as available, related to the provision of services under this Agreement, and according to the procedures developed by the City of Kent. Reimbursement shall be based on a Reimbursement Request form, which shall be signed by the Agency's authorized representative and submitted to the City. B. The Agency shall submit a properly executed Reimbursement Request form on a quarterly basis. Reimbursement Requests are due by the 15th of the month following the end of the quarter for costs eligible to be reimbursed by the City in accordance with the budget incorporated as Exhibit A and in accordance with Section 7 below. If the due date falls on a Saturday or Sunday, Reimbursement Requests are due on the prior Friday. If the due date falls on a City holiday, Reimbursement Requests are due the next working day following the holiday. The Final Reimbursement Request is due in accordance with the schedule listed in Exhibit A. If the Agency's line item budget includes personnel services costs, the Agency shall submit a CDBG Public Services Project Time Sheet (attached as Exhibit H if applicable) with the Reimbursement Request. The City will make payment to the Agency not more than forty-five (45) days after said Reimbursement Request is received and approved by the City's Parks, Recreation, and Community Services Department. The City will issue a statement of correction in the event the Reimbursement Request is erroneous. Payment by the City shall not constitute approval of the services for which payment is requested. The City does not, by making such payment, waive any rights it may have pursuant to this Agreement to require satisfactory performance of the services promised herein. The City reserves the right to demand and recover reimbursements made for ineligible costs. 7. ELIGIBLE COSTS A. All costs incurred must be reasonable and of a nature which clearly relate to the specific purposes and end product of the Agreement under which the services are being performed. Care must be taken by all concerned in incurring costs to assure that expenditures conform to these general standards and the following criteria for eligibility of costs. B. To be eligible for reimbursement, costs must: (1)Be necessary and reasonable for proper and efficient execution of the contractual requirements and in accordance with an approved budget. (2)Be no more liberal than policies, procedures, and practices applied uniformly to other activities of the Agency. (3)Be accorded consistent treatment through application of account policy and procedures approved and/or prescribed herein. (4)Not be allowable under or included as costs of any other federal, state, local or other agency-financed programs in either prior or current periods. (5)Be net of all applicable credits such as purchase discounts, rebates or allowances, sales of publication or materials, or other income or refunds. (6)Be fully documented. 3 S. OPERATING BUDGET The Agency shall apply the funds received from the City under this Agreement in accordance with the Budget Summary found on Exhibit A. No line-item expense therein shall cause an expenditure in excess of ten (10) percent or more of the budget line-item amount over the life of the Agreement without the prior written consent of the City. Any request for a line-item expense which exceeds ten (10) percent of the budgeted amount shall specifically state the reasons for the requested increase and a justification for the corresponding decrease in other line- item(s). 9. FUNDING ALTERNATIVES AND FUTURE SUPPORT A. The City makes no commitment to future support and assumes no obligation for future support of the activities contracted for herein, except as may be expressly set forth in this Agreement. B. Payment for the services provided herein is based on the expectation that future revenues will be available to the City for such purposes. Should anticipated sources of revenue not become available or become unavailable to the City for use in the CDBG program, the City shall immediately notify the Agency in writing of such unavailability and the City shall be released from all contracted liability for that portion of the Agreement originally intended to be paid with such funds. 10. AMENDMENTS Either party may request modifications in the scope of permissible activities, terms, a or conditions of this Agreement. Proposed modifications which are mutually greed upon shall be incorporated by a written amendment to this Agreement. 11. ASSIGNMENT AND SUBCONTRACTING A. The Agency shall not assign any portion of this Agreement without the written consent of the City, and it is further agreed that said consent must be sought by the Agency not less than fifteen (15) days prior to the date of any proposed 9 Y assignment. B. Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement and proper bidding procedures to the extent herein. The Agency agrees that it is as fully responsible to the City for the acts and omissions of its subcontractors and their employees and agents, as it is for the acts and omissions of its own employees and agents, as defined in paragraph Part I, Section 12(B). 12. HOLD HARMLESS AND INDEMNIFICATION A. The Agency agrees that it is financially responsible and liable to the City for any audit exception or other financial loss to the City which occurs due to the Agency's negligence or failure to comply with the terms of this Agreement. B. The Agency further agrees to defend, indemnify, and hold the City, its elected and appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in 4 favor of any person(s), including Agency's employees or third parties on account of personal injuries, death, or damage to property arising out of services performed or omissions of services or in any way resulting from the acts or omissions of the Agency and/or its agents, employees, volunteers, subcontractors, or representatives under this Agreement. 13. PROJECT CLOSE-OUT The Agency acknowledges and agrees that the amounts set forth in the Exhibit(s) shall be used only to reimburse the Agency for eligible costs incurred by the Agency during the period set forth in said Exhibit(s) and that upon expiration of such period, or upon earlier termination pursuant to this Agreement, the Agency shall have no interest in any said amount which is not required to reimburse the Agency for eligible costs incurred before such expiration or earlier termination. 14. INSURANCE Agency shall maintain insurance in the types and amounts set forth in Exhibit F, which is incorporated by this reference and attached, if applicable. 15. CONFLICT OF INTEREST A. Interest of Officers, Employees, or Agents - No officer, employee, or agent of the City or Agency who exercises any functions or responsibilities in connection with the planning and carrying out of the City CDBG program or the Agency's project, or any other person who exercises any functions or responsibilities in connection with the City's Parks, Recreation, and Community Services Department, shall have any personal financial interest, direct or indirect, in the Agreement, and the City and Agency shall take appropriate steps to assure compliance. B. Interest of Subcontractor and Their Employees - The Agency agrees that it will incorporate into every contract or subcontract, which is required to be in writing and made pursuant to this Agreement, the following provisions: The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the City CDBG program has any personal financial interest, direct or indirect, in this Agreement. The Contractor further covenants that he/she presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his/her services hereunder. The Contractor further covenants that in the performance of this Agreement, no person having any conflict of interest shall be employed. Any actual or potential conflict of interest on the part of the Contractor or his/her employees must be disclosed to the Agency and the City. 16. SUSPENSION AND TERMINATION OF AGREEMENT A. Suspension for Failure to Perform - In the event of a failure to comply with any terms or conditions of this Agreement or failure to provide in any manner the activities or other performance as agreed to herein, the City reserves the right to withhold all or any part of payment, suspend all or any part of the Agreement, or 5 prohibit the Agency from incurring additional obligations of funds until the City is satisfied that corrective action has been taken or completed as more specifically outlined in the Exhibit(s) to this Agreement. The option to withhold funds is, in addition to and not in lieu of, the City's right to terminate the Agreement pursuant to Paragraph (B) of this Section 16. B. Termination of Agreement by City - This Agreement is subject to termination upon thirty (30) days written notice by the City to the Agency in the event that: (1)The Agency mismanages or makes improper or unlawful use of CDBG funds; (2)The Agency fails to comply with any term or condition expressed herein or any applicable federal, state, or local regulations or ordinances; (3)CDBG funds no longer become available from the federal government or through the City; (4)The Agency fails to carry out activities required by this Agreement; or (5)The Agency fails to submit reports or submits incomplete or inaccurate reports in any material respect. C. Termination of Agreement by the Agency- This Agreement is subject to termination upon thirty (30) days written notice by the Agency to the City in the event that: (1)The City fails in its commitment under this Agreement to provide funding for services rendered, as herein provided; or (2)CDBG funds no longer become available from the federal government or through the City. D. Unless otherwise terminated pursuant to Paragraphs (B) and (C) of this Section 16, this Agreement shall terminate on the termination date specified on the Exhibit(s) and shall be subject to extension only by mutual agreement and amendment in accordance with Part I. Section 10 of this Agreement. E. Upon termination of this Agreement, any unexpended balance of Agreement funds shall remain in the City CDBG fund. F. In the event termination occurs under Paragraph (B) of this Section 16, the Agency shall return to the City all funds that were expended in violation of the terms of this Agreement including, but not limited to, any unexpended CDBG funds distributed to the Agency under this Agreement, any accounts receivable, or any assets or interests therein of any type and in any form acquired, leased, or rehabilitated with CDBG monies. 17. SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Agency's responsibilities with respect to services provided under this Agreement is prohibited, except upon written consent of the recipient or client, his/her attorney, his/her responsible parent or guardian, or as otherwise provided by law. 6 PART II - FEDERAL, STATE, AND LOCAL PROGRAM REQUIREMENTS 1. NONDISCRIMINATION A. General - The Agency shall comply with all federal, state, and local laws prohibiting discrimination on the basis of age, sex, marital status, race, creed, religion, color, national origin, or the presence of any sensory, mental, or physical handicap. These requirements are specified in Chapter 49.60 RCW; Section 109 of the Housing and Community Development Act of 1974, Pub. L. No. 93-383 as amended and codified as 42 U.S.C. § 5309; Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d, et seq.; Title VIII of the Civil Rights Act of 1968, 42 U.S.C. §§ 3601, et seq.; Executive Order 11063; Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086 and 12107; Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C.§ 1701(u), and implementing regulations at 24 CFR § 135; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, et seq.; and the Age Discrimination Act of 1975, 42 U.S.C. § 6101, et seq. Specifically, the Agency is prohibited from taking any discriminatory actions defined in the HUD regulations at 24 C.F.R. § 570.602 and shall take such affirmative and corrective actions as are required by the regulations at 24 C.F.R. § 570,602. B. Specific Discriminatory Actions Prohibited: (1)The Agency shall not, under any program or activity to which this Agreement may apply, directly or through contractual or other arrangements, on the grounds of age, sex, marital status, race, creed, religion, color, national origin, or the presence of any sensory, mental, or physical handicap: i. Deny any person facilities, services, financial aid, or other benefits provided under the program or activity. ii. Provide any person with facilities, services, financial aid, or other benefits which are different, or are provided in a form different, from that provided to others under the program or activity. W. Subject any person to segregated or separate treatment in any facility or in any matter or process related to receipt of any service or benefit under the program or activity. iv. Restrict in any way access to or enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity. v. Treat any person differently from others in determining whether the person satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided facilities, services, or other benefits provided under the program or activity. vi. Deny any person any opportunity to participate in a program or activity as an employee. (2)The Agency shall not utilize criteria or methods of administration which have the effect of subjecting individuals to unlawful discrimination on the basis of race, color, national origin, sex, age, marital status, creed, religion, or presence of 7 any sensory, mental, or physical handicap, or which have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity by unlawfully discriminating against individuals of a particular race, color, national origin, sex, age, marital status, creed, religion, or presence of any sensory, mental, or physical handicap. (3)The Agency, in determining the site or location of housing or facilities provided in whole or in part with funds under this Agreement, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to unlawful discrimination on the grounds of race, color, national origin, sex, age, marital status, creed, religion, or presence of any sensory, mental, or physical handicap; or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Act or of HUD regulations. C. Fair Housing — The Agency shall take necessary and appropriate actions to prevent discrimination in federally-assisted housing and lending practices related to loans insured or guaranteed by the federal government (The Fair Housing Act VII, 42 U.S.C. § 3601, et seq.; Executive Order 11063, 24 CFR § 108). D. Employment : (1)In all solicitations under this Agreement, the Agency shall state that all qualified applicants will be considered for employment. The words "equal opportunity employer" in advertisements shall constitute compliance with this section. (2)The Agency shall not unlawfully discriminate against any employee or applicant for employment in connection with the Agreement because of age, sex, marital status, race, creed, religion, color, national origin, or the presence of any sensory, mental, or physical handicap, except when there is a bona fide occupational limitation. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (Chapter 49.46 RCW, Executive Order 11246, as amended). (3)To the greatest extent feasible, the Agency shall provide training and employment opportunities for lower income residents within the area served by CDBG assisted projects (Section 3, Housing and Urban Development Act of 1968, 12 U.S.C. § 1701u, as amended). E. Contractors and Suppliers: (1)No contractor, subcontractor, union, or vendor engaged in any activity under this Agreement shall engage in any unlawful discrimination as defined in any federal, state, or local law. (2)AII firms and organizations, as required under applicable HUD regulations, shall be required to submit to the Agency certificates of compliance demonstrating that it has, in fact, complied with the immediately foregoing provision; provided, that certificates of compliance shall not be required from firms and organizations with fewer than 25 employees, with yearly sales of less than $10,000, or on contracts less than $10,000. ' 8 (3)To the greatest extent feasible, the Agency shall purchase supplies and services for activities under this Agreement from vendors and contractors whose businesses are located in the area served by CDBG-funded activities or owned in substantial part by project area residents (Section 3, Housing and Urban Development Act of 1968, 12 U.S.C. § 1701u, as amended). (4)CDBG funds shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or subrecipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR § 24. F. Notice: (1)The Agency shall include the provisions of the appropriate subsections A, B, C, D, and E of this Part II, Section 1 in every contract or purchase order for goods and services under this Agreement, and shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or worker's representative of the commitments made in these subsections. (2)In advertising for employees, goods, or services for the activities under this Agreement, the Agency shall utilize minority publications in addition to publications of general circulation. 2. SECTION 504 AND AMERICANS WITH DISABILITIES ACT If the Agency is a nonprofit corporation, the Agency warrants and represents that it has completed a Disability Self-Evaluation Questionnaire for all programs and services offered by the Agency (including any services not subject to this Agreement) and has evaluated its services, programs, and employment practices for compliance with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended ("504") and the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101, et seq., ("ADA"). If applicable, the Agency warrants and represents that it has completed a 504/ADA Disability Assurance of Compliance, which is attached as Exhibit I and incorporated by this reference, and shall submit it to the City. 3. PROCUREMENT STANDARDS In awarding contracts pursuant to this Agreement, the Agency shall comply with all applicable requirements of local and state law for awarding contracts, including but not limited to procedures for competitive bidding, contractor's bonds, and retained percentages (Ch. 60.28 RCW, Ch. 39.12 RCW, and Ch. 39.04 RCW). In addition, the Agency shall comply with the requirements of the U.S. Office of Management and Budget ("OMB") Circular A-110, Appendix A, relating to "Procurement Standards," and with Executive Order 11246 regarding nondiscrimination in bid conditions for projects over $10,000. Where federal standards differ from local or state standards, the stricter standards shall apply. 9 4. UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES - 24 CFR §§ 570.502 and 570.610. All nonprofit Agencies shall comply with the policies, guidelines, and requirements of OMB Circular Nos. A-133 "Audits of States, Local Governments, and Non-Profit Organizations," A-122 "Cost Principles for Non-Profit Organizations," and A-110 including: (1) Attachment A, "Cash Depositories," except for Paragraph 4 concerning deposit insurance; (2) Attachment B, "Bonding and Insurance"; (3) Attachment C, "Retention and Custodial Requirements for Records"; (4) Attachment F, "Standards for Financial Management Systems"; (5) Attachment H, "Monitoring and Reporting Program Performance," Paragraph 2; (6) Attachment N, "Property Management Standards," except for Paragraph 3 concerning the standards for real property as it applies to federal agencies only and except that paragraphs 6 and 8 are modified so that the disposition of personal property is allowed only under the guidance and approval of the City; and (7) Attachment O, "Procurement Standards." 5. PROGRAM INCOME - 24 CFR § 570.504. A. All income directly generated from the use of CDBG funds, as defined in 24 CFR § 570.500(a), is Program Income and shall be recorded, reported, and treated as funds subject to all the requirements of this Agreement. B. Unless otherwise specifically provided by the special conditions herein, Program Income received during the term of this Agreement may be retained and used by the Agency to extend the service or other activity for which the CDBG funds are provided, subject to the regulations of 24 CFR § 570.01, et seq., and all the same terms and conditions of this Agreement. Any retained Program Income shall be disbursed to pay for eligible expenses under this Agreement before additional funds are requisitioned from the City. C. Any Program Income not permitted to be retained for eligible activities as defined above, shall be refunded to the City, together with any interest earned thereon, at quarterly intervals. D. Program Income on hand at the end of the term of this Agreement shall, unless otherwise provided, be used for activities envisioned under this Agreement until it is expended. Program Income generated from the use of CDBG funds under this Agreement but received after the term of this Agreement shall, unless otherwise provided, be governed by any succeeding CDBG funding agreement or, if there is no succeeding agreement, shall be used for activities eligible under 24 CFR § 570.504(c) until it is expended. E. Rules on Program Income are established in the CDBG regulations (24 CFR § 570 504); OMB Circular No. A-122, Cost Principles for Nonprofit Organizations; and OMB Circular A-110, attachment D, Program Income. Separate instructions for Program Income dealing with the proceeds from the sale of personal property are set forth in Attachment N to OMB, Circular No. A-110, Property Management Standards. 10 6. PUBLIC INFORMATION A. In all news releases and other public notices related to projects funded under this Agreement, the Agency shall include information identifying the source of funds as the City of Kent CDBG program. B. The Agency acknowledges that this Agreement and any other information provided by it to the City and/or relevant to the project(s) described in the Exhibit(s), are subject to the Washington State Public Disclosure Act, Chapter 42.17 RCW, except to the extent specifically exempted from disclosure therein. 7. OTHER FEDERAL AND STATE REQUIREMENTS The absence of mention in this Agreement of any other federal or state requirements, which apply to the award and expenditure of federal funds made available by this Agreement, is not intended to indicate that those federal or state requirements are not applicable to Agency activities. The Agency shall comply with all other federal and state requirements relating to the expenditure of federal funds, including but not limited to the Hatch Act (5 U.S.C. § 15) regarding political activities and the Architectural Barrier Act of 1968 (42 U.S.C. § 4151, et seq.). 8. LOCAL REQUIREMENTS The activities performed under this Agreement are for the purposes of serving City residents and the Agency shall, to the extent reasonably possible, not use said funds to provide services outside the corporate boundary of the City, or for any other purpose, except as specifically authorized by this Agreement. Public service programs must comply with sections 9 and 10: 9. NON-SUBSTITUTION FOR LOCAL FUNDING The CDBG funding made available under this Agreement shall not be utilized by the Agency to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of funds under this Agreement. 10. FAITH-BASED ACTIVITIES - 24 CFR § 570.200(j). A. Organizations that are religious or faith-based are eligible, on the same basis as any other organization, to participate in the CDBG program. Neither the Federal government nor a State or local government receiving funds under CDBG programs shall discriminate against an organization on the basis of the organization's religious character or affiliation. B. Organizations that are directly funded under the CDBG program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the programs or services funded under this part. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary for the beneficiaries of the HUD-funded programs or services. 11 C. A religious organization that participates in the CDBG program will retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, faith-based organizations may use space in their facilities to provide CDBG-funded services, without removing religious art, icons, scriptures, or other religious symbols. In addition, a CDBG-funded religious organization retains its authority over its internal governance, and it may retain religious terms in its organization's name, select its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents. D. An organization that participates in the CDBG program shall not, in providing program assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. E. CDBG funds may not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. CDBG funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under this part. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG- funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG-funded improvements. Disposition of real property after the term of the grant, or any change in use of the property during the term of the grant, is subject to government-wide regulations governing real property disposition (see 24 CFR 84 and 85). F. If the City voluntarily contributes its own funds to supplement the federally funded activity, the City has the option to segregate the Federal funds or commingle them. However, if the funds are commingled, this section applies to all of the commingled funds. Acquisition or improvement of real property projects must comply with sections it through 18: 11. ACCESSIBILITY Any 9 9 buildings or other facilities designed, constructed or altered with federal funds pursuant to this Agreement are subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. § 4151, et seq.) and shall comply with the Uniform Federal Accessibility Standards (Appendix A to 24 CFR § 40.1, et seq, for residential structures, and Appendix A to 41 CFR § 101-19, et seq. for general type buildings). When applicable, certain multifamily housing units designed and constructed for first occupancy after March 13, 1991, with assistance provided under this Agreement, must comply with the Fair Housing Accessibility Guidelines, 24 CFR § 100.1, et seq., as amended. 12 12. ENVIRONMENTAL REVIEW A. National Environmental Policy Act - The City retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review Procedures (24 CFR § 58.1, et seq.). The City may require the Agency to furnish data, information, and assistance for the City's review and assessment in determining whether an Environmental Impact Statement must be prepared. The Agency shall be solely responsible for the cost of compliance with all such federal laws and authorities including the cost of preparing plans, studies, reports, and the publication of notices that may be required. B. Other Federal Environmental Laws - (1)Historic Preservation - Activities affecting property listed in or found to be eligible for inclusion in the National Register of Historic Places will be subject to requirements set forth in HUD Environmental Review Procedures at 24 CFR § 58.1, et seq. The Agency shall meet the historic preservation requirements of Pub. L. No. 89-665 (16 U.S.C. § 470(i)), and the Archaeological and Historic Preservation Act of 1974, Pub. L. No. 93-291 (16 U.S.C. § 469a-1), and Executive Order 11593, including the procedures prescribed by the Advisory Council on Historic Preservation in the regulations at 36 CFR § 801, et seq. (2)Architectural Barriers - Any facility constructed pursuant to this Agreement shall comply with design requirements of the Architectural Barriers Act of 1968 (42 U.S.C. §§ 4151, et seq.), and the Uniform Federal Accessibility Standards (US Government Printing Office, 1985-494-187). (3)National Flood Insurance - When applicable, the use of CDBG funds for acquisition or construction purposes in identified special flood hazard areas shall be subject to Agency mandatory purchase of flood insurance as required by Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. No. 93-237, 42 U.S.C. § 2414 and 42 U.S.C. §§ 4001-4128). (4)Lead-Based Paint — Whenever funds under this Agreement are used directly or indirectly for construction, rehabilitation, or modernization of residential structures, the Agency shall comply, at its sole expense, with the HUD Lead- Based Paint regulations (24 CFR § 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act, as amended (42 U.S.C. §§ 4801, et seq.) and the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. §§ 4851, et seq.), with regard to lead-based paint, and with any and all applicable federal, state, and local laws, regulations, or standards hereafter enacted or issued with regard to lead-based paint. Without limiting the foregoing, the Agency shall remove or cover, prior to the date for completion of the work funded hereunder and in compliance with all applicable, laws, regulations, and in conformity with guidelines issued by HUD, all lead-based paint with lead content above the threshold established by HUD on surfaces affected by the work funded under this Agreement. The Agency shall defend, indemnify, and hold harmless the City from any liability, loss, damage, or expense, including costs and attorneys' fees, relating in any way to lead-based paint at the property or the abatement or disposal thereof. This provision shall survive expiration and satisfaction of this Agreement, whether by payment, forgiveness, foreclosure, or otherwise. 13 (5)Other - Clean Air Act as amended, 42 U.S.C. § 7401, et seq.; Water Pollution Control Act, 33 U.S.C. §§ 1367, et seq., as amended; Environmental Protection Agency regulations, 40 CFR §§ 1.1, et seq. C. State Environmental Policy Act - Agencies which are branches of government under RCW 43.21C.030 retain responsibility for fulfilling the requirements of the State Environmental Policy Act, Chapter 43.21C RCW and the regulations and ordinances adopted thereunder. If the Agency is not a branch of government under RCW 43.21C.030, the City may require the Agency to furnish data, information, and able the City assistance, as necessary, to en y to comply p y with the State Environmental Policy Act. D. Satisfaction of Environmental Requirements (1) Limitations on Activities Pending Clearance — Per 24 CFR § 58.22(a). The Agency shall not commit assistance under this Agreement until HUD has approved the City's Request for Release of Funds (RROF) and the related certification from the City. In addition, until the RROF has been approved by HUD, neither the City nor the Agency may commit non-HUD funds on or undertake an activity or project under a program listed in § 58.1(b) if the activity or project would have an adverse environmental impact or limit the choice of reasonable alternatives Provided; however, that an option agreement, self-Help Homeownership Opportunity Program funds, and relocation assistance may be excluded from the limitation above per 24 CFR § 58.22(d), (e) and (f) respectively. (2) Notice to Proceed - Project execution under this Agreement, by either the City or the Agency, shall not proceed until satisfaction of all applicable requirements of the national and state environmental policy acts. A written notice to proceed will not be issued by the City until all such requirements are complied with. 13. LABOR STANDARDS — 24 CFR § 570.603 A. The Agency shall require that project construction contractors and subcontractors pay their laborers and mechanics at wage rates in accordance with the Davis-Bacon Act, as amended (40 U.S.C. §§ 3141 and 3142), and that they comply with the Copeland Act (18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701, et seq.); provided that this section shall not apply to rehabilitation of residential property only if such property contains not less than eight (8) units. In addition to complying with these federal labor standards, the Agency shall further require that all project construction contractors comply with all applicable state and local public works bidding and contracting regulations, specifically including, without limitation, the prevailing wage provisions set forth in Ch. 39.12 RCW and all regulations adopted by the State of Washington Department of Labor and Industries. B. The Agency shall require that project construction contractors and subcontractors comply with Federal Labor Standards Provisions (HUD form 4010) and the Davis- Bacon wage determinations (attached as Exhibits J and K, respectively if applicable). For construction contracts, a copy of the Federal Labor Standards Provisions (HUD form 4010) and the current Davis-Bacon wage determinations must be included in all construction bid specs and/or contracts over $2,000. 14 14. VOLUNTEERS - 24 CFR § 70 If the Agency or the Contractor/Subcontractor uses volunteers to perform services on a federally-assisted construction project, it shall ensure that work is performed without promise, expectation or receipt of compensation for services rendered. Volunteer files shall include: (1) the name and address of the agency sponsoring the project; (2) a description of the project; and (3) the number of volunteers and the hours donated to the project. 15. ACQUISITION AND RELOCATION A. Any acquisition of real property for any activity assisted under this Agreement shall comply with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601, et seq. (hereinafter the "Uniform Act" and the government-wide regulations applicable to all federally- assisted projects, effective April 2, 1989, at 49 CFR §§ 34.1, et seq. B. Implementation of any project provided for in this Agreement will be undertaken so as to minimize involuntary displacement of persons, businesses, nonprofit organizations, or farms to the greatest extent feasible. C. Any displacement of persons, businesses, nonprofit organizations, or farms occurring as the result of acquisition of real property assisted under this Agreement shall comply with the Uniform Act, and the regulations at 49 CFR §§ 24.1, et seq., required by federal CDBG regulations at 24 CFR § 570.606. The Agency shall comply with the regulations pertaining to costs of relocation and written policies, as specified by the City of Kent's Displacement Policy. 16. PUBLIC OWNERSHIP For Agencies which are not municipal corporations organized under the laws of the State of Washington, it may become necessary to grant the City a property interest where the subject project calls for the acquisition, construction, reconstruction, rehabilitation, or installation of publicly-owned facilities and improvements. 17. REVERSION OF ASSETS — 24 CFR § 570.505. Any real property under the Agency's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 must be governed by the following: A. Used to meet one of the national objectives set forth in 24 CFR § 570.208 of the CDBG regulations until five (5) years after expiration of the Agreement, or such longer period of time as determined by the City. For Acquisition or improvement of real property projects, the Agency and the City shall execute a Community Facility Covenant Agreement (attached as Exhibit L if applicable); B. Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property, less any portion attributable to expenditures of non-CDBG funds for acquisition of, and improvements to, the property. Such reimbursement is not required after the period of time specified in Paragraph (A) above. 15 18. PROPERTY MANAGEMENT STANDARDS A. The Agency shall meet the following procedural requirements for all property acquired in whole or in part with CDBG funds: (1)Property records shall be maintained accurately and provide for a description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of CDBG funds used in the purchase of property; and location, use, and condition of the property. (2)A physical inventory of property taken and the results of that inventory are reconciled with the property records at least once every two (2) years to verify the existence, current utilization, and continued need for the property. (3)A control system shall be in effect to ensure adequate safeguards to prevent loss, damage, or theft of the property which shall be investigated and fully documented. B. The disposition of real property acquired in whole or in part with CDBG funds shall be at no less than its current appraised fair market value (or for a lease, at the current market value), except that such property may be disposed of for a lesser value, including by donation, if the disposition at the lesser value is for a use which qualifies under one of the criteria set forth in 24 CFR § 570.208 for meeting the national objectives and is permissible under state and local law. Where the disposition is for a lesser value, the recipient shall maintain documentation that the use meets one of the national objectives pursuant to 24 CFR § 570.208. 19. ADDITIONAL LOCAL REQUIREMENTS A. Mortgage or Leasehold Agreement - In acquisition, rehabilitation, and construction projects, the City shall enter into a deed of trust or leasehold agreement with the Agency to secure and protect the City's and the public's interest in the property. B. Adequate Value - In acquisition projects, the City shall require evidence through a property appraisal, title search, or other means to ensure that there is adequate value so as to secure the City's financial interest. C. City Ordinance, Codes, and Regulations - In acquisition and construction projects, the Agency shall comply with all applicable City ordinances, codes, and regulations. D. Additional Public Information - For all construction projects, the Agency shall erect a sign to City specifications at the construction site, which identifies the source of funds, except that this requirement may be waived for construction projects of $5,000 or less. PART III - MONITORING & REPORTING REQUIREMENTS 1. MONITORING Agency understands and agrees that it will be monitored by the City and HUD from time to time to assure compliance with all terms and conditions of this Agreement and all applicable local, state, and federal laws, regulations, and promulgated 16 policies. Monitoring by the City under this Agreement shall include, but not be limited to: (1) on-site inspections by City staff, (2) quarterly performance reviews, and (3) an annual evaluation. 2. PROGRAM REPORTING A. For public service programs - A Program Accomplishment Report shall be submitted at least quarterly, even if no reimbursement requests have been submitted. The report is due on the 15th of the month following the close of the quarter. If the due date falls on a Saturday or Sunday, Reimbursement Requests are due on the prior Friday. If the due date falls on a City holiday, Reimbursement Requests are due the next working day following the holiday. The Final Reimbursement Request is due in accordance with the schedule listed in Exhibit A. The report shall detail information on service units or steps/milestones accomplished during the months/quarters as outlined in Exhibit A. The Program Accomplishment Form is provided by the City and is attached as Exhibit E to this Agreement. B. For acquisition or improvement of real property projects - Projects qualifying to meet the national objective to serve low- and moderate-income persons (under Part I, Section 3) shall submit a demographic report providing income, race, and head of household information for the beneficiaries of the CDBG Project, which shall cover a one year period extending back from the date of the report. If the facility is and remains occupied during the project, this report is due thirty (30) days after the date the project was closed. If the facility is first occupied or reoccupied after the close of the project, the report is due one year from the date of the last project closing. 3. FISCAL REPORTING RESPONSIBILITIES The Agency shall provide fiscal statements or reports as may be required from time to time by the City, which statements or reports, or both, must indicate the status of all accounts and funds being used to perform under this Agreement. The Agency shall maintain proper documentation and records of all expenditures incurred pursuant to the terms of this Agreement in a manner as will facilitate auditing by either HUD or the City. 4. AUDITS A. If the Agency is a nonprofit corporation and expends a total of $300,000 or more in federal financial assistance and has received federal financial assistance from the City during its fiscal year, it shall have an independent audit conducted of its financial statement and conditions, which shall comply with the requirements of generally accepted auditing standards (GAAS); General Accounting Office (GAO's) Standards for Audits of Governmental Organizations, Programs, Activities, and Functions; and OMB Circular A-133, as amended, and as applicable. The Agency shall provide a copy of the audit report no later than thirty (30) days after the audit's completion or six (6) months subsequent to the end of the Agency's fiscal year, whichever date is sooner. The Agency shall provide to the City its response and corrective action plan for all findings and reportable conditions contained in its audit. When reference is made in its audit to a "Management Letter" or other correspondence made by the auditor, the Agency shall provide 17 copies of those communications and the Agency's response and corrective actions plan. B. The Catalog of Federal Domestic Assistance (CFDA) number for the CDBG program is 14.218. PART IV — RECORDKEEPING REQUIREMENTS 1. PROGRAM RECORDS AND INSPECTIONS The Agency shall make, maintain, and preserve books and records, of whatever form, detailing all CDBG-related expenditures and costs incurred by the Agency. All such books and records shall be made available to representatives of the City or HUD, or both, for formal inspection and, where necessary, copying. Intentional noncompliance with this provision shall constitute a material breach of this Agreement. Throughout the term of this Agreement, the Agency shall establish and maintain current the records described in this Section. These records shall conform to the requirements and specifications of their individual source authorities, which are cited herein. Be advised that the listing in this Section is intended only to assist the Agency in identifying the required records and their respective authorities, and is not all inclusive. A. Time for Retention of Records - Except where otherwise specifically provided, all records as of the end of the term of this Agreement shall be kept in an accessible file for four (4) years thereafter (24 CFR § 570.502(b)(3)(ix)). Exceptions to the four (4) year retention period are as follows: (1) Records that are the subject of litigation, claim, or audit findings shall be retained for ten (10) years after the date all issues have been resolved and final action taken; and (2) Records for real property and equipment shall be retained for three (3) years after its final disposition, with the retention period starting from the date of the disposition, replacement, or transfer at the direction of the City (24 CFR § 570.84(b)). B. Contract and Amendments - A complete copy of this Agreement and all amendments thereto and notices thereunder. C. Records of City Approvals - Copies of all requests for amendments or revisions to this Agreement and the City's subsequent approval or denial of such requests as are required under this Agreement. D. Subcontracts and Agreements - Complete copies of all contracts, subcontracts, and agreements with third parties into which the Agency enters in the performance under this Agreement; and all correspondence, reports, and other documentation pertaining to such contracts, subcontracts, and agreements. E. Records identifying the assisted activity - A complete description of each activity assisted, in whole or in part, with CDBG funds under this Agreement, including: (1)Location(s), organization, operating hours, qualifications for service or participation, etc.; 18 (2)Fees or charges for services, fee waivers, or fee scales for CDBG-assisted participants. F. Additional Contract Requirements - The Agency shall submit to the City a copy of the most recent independent financial audit and a current list of the Agency's board of directors. 2. PROGRAM BENEFIT RECORDS - 24 CFR § 570.506(b). As applicable, the following categories of records shall be maintained, for the discrete activities which are assisted in whole or in part with funding under this Agreement (or for all the Agency's activities if funding under this Agreement is not specifically allocated to particular activities) for the purpose of documenting that a majority of the beneficiaries are persons of low- or moderate-income. A. Records specifying by dollar amount, family size, and household income limits used to determine income level; B. For service activities serving individual clients without regard to their residence location within the City/County, records documenting: (a) manner in which each client's income is determined in all cases; (b) determination that each individual client's income is or is not within low- or moderate-income limits; (c) date determination was made; and (d) tabulation of the individual determinations. C. For a service or facility which exclusively serves a class of beneficiaries, the members of which are presumed to be low- or moderate-income eligible absent general evidence to the contrary (abused children, battered spouses, senior citizens, adults meeting the Bureau of the Census' Current Population Reports definition of "severely disabled," homeless persons, illiterate persons, persons living with AIDS and migrant farm workers), records documenting: (1) that the facility exclusively serves the eligible class; and (2) there is no generally available data indicating specific population served is not predominantly low- or moderate-income. D. For a service or facility which offers benefits uniformly without regard to income to all persons residing within a delineated area, records establishing: (1) boundaries of the service area; (2) the income characteristics of families and unrelated individuals in the service area; and (3) if the percent of low- and moderate-income persons in the service area is less than fifty-one (51) percent, data showing that the area qualifies under the exception criteria set forth at 24 CFR § 570.208(a)(1)(ii). 3. FINANCIAL RECORDS Agency shall maintain all accounting records that accurately record the source and application of all funds; and recording funds received under this Agreement, all other receipts, assets, authorizations and appropriations, obligations, disbursements and unobligated balances (OMB Circular A-133 and A-110, Attachment F). The records must: A. Permit comparison of actual outlays with budgeted amounts; B. Permit reporting of financial data on the accrual basis; C. Be supported by source documentation; 19 D. Be independently audited usually annually, but not less frequently than every two years. 4. RECORDS OF PROGRAM OPERATIONSF MANAGEMENT AND EVALUATION Agency shall maintain all records of: A. Operating policies and procedures; B. Employee qualifications, training, and evaluation; C. Principal operations data: work units completed; clients served, classified by client and service characteristics; staff hours utilized; etc. D. Self-evaluation of services, programs. and employment practices for compliance with 504 and ADA requirements. 5. PROPERTY RECORDS Agency shall maintain all records identifying any real and personal property acquired or improved in whole or in part with funds under this Agreement (OMB Circular A-110) as follows: A. Itemized inventory of real property recording legal and common descriptions and address, date of acquisition and/or improvements, cost of acquisition and/or improvements, and CDBG-funded share of cost; B. Itemized inventory of all non-expendable personal property recording full identification, current location, date and cost of acquisition, and CDBG-funded share of cost; C. Complete records of any authorized disposition of real or non-expendable personal property including how and to whom disposed, date, amount of disposition proceeds, market value at time of disposition and how determined, intended use, and any conditions governing use following disposition; D. At the termination of this Agreement, a record of the total purchase cost of all remaining unused expendable personal property. 6. PROCUREMENT RECORDS - OMB Circular A-110 Agency shall maintain all records of: A. Agency's adopted code of conduct governing officers' and employees' actions in contracting and purchasing; B. Agency's standard operating procedures for authorizing and executing purchases and contract procurements of various sizes and types. C. Agency's individual purchases or contracts over $10,000 as required by the OMB Circular A-110. D. Agency's procurement procedures utilized and the bases for supplier selection/contract award, for individual purchases or contracts over $10,000. 7. NONDISCRIMINATION AND EQUAL-OPPORTUNITY RECORDS - 24 CFR § 570.506(g). Agency shall maintain: 20 A. A recordation and tabulation of the racial classification of all individual persons or households receiving program benefits, and of whether these benefited persons are single head of household. B. A tabulation of all Agency employees classified by race, position, and salary in the format of the U.S. Equal Employment Opportunity Commission Form EEO-4. C. Data identical to that required under A. and B. above for any subcontractor or agent employed in the performance under this Agreement. D. Documentation of all substantive actions taken to assure that no prohibited discrimination occurs in the conduct of any of the Agency's operations. E. Documentation of all actions taken to make minority residents aware of the Agency's services and provide them with equal access to benefits. F. Record of the racial classification and gender of the majority owners of each private for-profit business with which the Agency contracts with any funds provided under this Agreement. 8. CONFLICT OF INTEREST A. Records documenting that all Agency board members, officers, employees and consultants have been informed of the conflict of interest provisions of 24 CFR § 570.611 and have acknowledged understanding those provisions. B. Complete records of all requests for exceptions submitted under 24 CFR § 570.611(d). 9. VERIFICATION OF SUBCONTRACTORS ELIGIBILITY - 24 CFR § 5. The Agency shall maintain records documenting that the Agency, all subcontractors, and consultants have been determined not to be currently debarred, suspended, denied participation or declared ineligible to participate in federal government funded programs. Verification of eligibility shall be accomplished by signing the Certification Regarding Debarment and Suspension, which is attached and incorporated as Exhibit G . 10. ADDITIONAL REQUIREMENTS FOR ACQUISITION OR IMPROVEMENT OF REAL PROPERTY PROJECTS A. For construction contracts over $100,000, records documenting compliance with the bonding requirements of 24 CFR § 85.36 (h). B. Flood Insurance, Flood Disaster Protection Act of 1973; and Federal Insurance Administration Notice in Federal Register Vol. 24, No. 133, July 13, 1989. (1)Record of determination whether the assisted project is located within a designated flood plain or flood hazard area. (2)If the project is within such area: (1) Evidence of current participation in the National Flood Insurance Program; and (2) Evidence of flood insurance coverage in force on all significant project structures. C. Lead-Based Paint - Records required to document compliance with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801, et seq.), as amended and the 21 Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. §§ 4851, et seq.), and the implementing regulations 24 CFR § 35. D. Labor Standards - Records required to document compliance with all requirements of Davis-Bacon and Related Acts (40 U.S.C. §§ 3141 and 3142); Contract Work Hours and Safety Standards Act (40 U.S.C. § 3701, et seq.); Copeland Act (18 U.S.C. § 874); US Secretary of Labor Regulations (29 CFR §§ 3, 5, 6, and 7). E. Real Property Acquisition and Relocation - Records required to document compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601, et seq., as amended; and the implementing regulations 49 CFR § 24. The agency shall consult the City for complete instruction prior to undertaking any action which may result in displacement of persons as defined at 49 CFR § 24.2(g). F. Miscellaneous Records - The Agency shall maintain such other records as may be required by HUD or the City. 22 AGENCY: CITY OF KENT: Print Na Su to Cooke Pr' t a : Suzette Cooke Title: M or i Mayu DATE: 7 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: AGENCY: CITY OF KENT: Brian Levenhagen Dinah Wilson City of Kent Parks Department City of Kent Planning & Development Division 220 Fourth Avenue South 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 253.856.5116 Phone: 253.856.5076 Fax: 253.856.6050 Fax: 253.856.6070 APPROVED AS TO FORM: Kent Law Department 23 EXHIB7 N 2009 CDBG PROJECT SCOPE OF SERVICES THE CITY OF KENT AS CDBG RECIPIENT Project No.: BG0918 Start Date: 1/1/09 Project Title: Kiwanis #1 Playground Improvement Project End Date: 12/31/09 Project Manager: Brian Levenhagen Telephone: 253.856.5116 Fax: 856.6050 E-mail: blevenhagen@ci.kent.wa.us CDBG Coordinator/City Contact: Dinah Wilson Telephone: (253) 856.5076 Fax: (253)856.6070 E-mail: drwilson@ci.kent.wa.us THE CITY OF KENT AS CDBG RECIPIENT (hereinafter referred to as "the Agency") shall utilize City of Kent Community Development Block Grant funds to perform the activities specified below. Such services shall be provided in a manner which fully complies with all applicable federal, state and local laws, statutes, rules and regulations, as are now in effect or may be hereafter amended. 1) Project Summary The Agency shall use CDBG funds to install playground equipment with a safety surface underneath, install fencing, provide grills at picnic sites, construct accessible walkways, resurface the basketball court and install backboards, and to landscape trees. 2) Project Budget The Agency shall apply the following funds to the project in accordance with the Line Item Budget Summary below: A. City of Kent Funds City of Kent Community Development $130F145.00 Block Grant - Total City of Kent Funds: $130F145.00 B. Line Item Budget Personnel Services detail below 2,040.00 Office or Operating Supplies Consultant or Purchased Services 17,676.00 Construction Contracts $ 44,645.00 Playground Equipment 65 784.00 Travel and Training $ Environmental Review: $ Total City of Kent Funds: $130F14S.00 CDBG Project Scope of Services- Page 1 3) Project Schedule-Notice to Proceed Work on this project shall not occur without prior written approval from the City. The City shall furnish the Agency with a written Notice to Proceed and work may occur only after such notice is sent. Costs incurred prior to the date written Notice to Proceed was given will not be reimbursed and could jeopardize the project. The agency shall implement the project in accordance with the following schedule: Task Projected Completion Date Design Begun January 5, 2009 Design Complete March 1, 2009 Bid Specs Submitted to City May 8, 2009 Bid Opening May 18, 2009 Preconstruction Conference May 19, 2009 NEPA Complete May 7, 2009 Construction 30% Compete May 22, 2009 Construction 500/b Compete May 29, 2009 Construction 75% Compete June 15, 2009 Construction Complete June 30, 2009 Release Retaina a July 31, 2009 4) Records A. Project Files The Agency shall maintain files for this project containing the following items (all Parks Department files must contain items 1-7, however items B-12 are required only if the costs are paid for by the CDBG budget. If client are not presumed eligible; e.g., homeless, #17 client income must be documented): 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of the CDBG Agreement, Exhibits, and the City's Notice to Proceed on this project. 4. A copy of construction contracts. 5. Correspondence regarding budget revision requests. 6. Copies of all invoices and reports submitted to the City for this project. 7. Bills for payment. 8. Copies of approved invoices and warrants. 9. Payroll time sheets for actual salary and fringe benefit costs. Time sheets must be signed by a supervisor and annotated to document percent of time charged against this project if less than full time. 10. Documentation of office costs (e.g., log sheets of copy machine use, postage, telephone use, costs of office supplies, etc.) when these costs CDBG Project Scope of Services- Page 2 are shared with other programs and no invoice is available. As an alternative, annotated invoices may be used to document charges as appropriate. 11. Documentation of mileage charges for private auto use must include: a) odometer reading at beginning and end of trip, b) destination and starting location, and c) purpose for trip. 12. Documentation of the solicitation process used to select vendors and subcontractors with original purchase orders and subcontracts. 13. Copy of the prime contractor's Certification Regarding Debarment and Suspension. In addition, the Agency shall conduct an online search confirming the prime contractor's eligibility via the Excluded Parties List System (EPLS) at the following website: http://epls.arnet.gov . A copy of the search results shall be maintained in the Agency contract file. 14. If a subcontractor is used on a construction project, the Agency shall ensure that the prime contractor has a method to determine that the subcontractor has not been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency. The Agency shall inform the prime contractor that the subcontractor's eligibility may be confirmed via the Internet at the following website: http://epis.arnet.gov . If eligibility is verified via the Internet, the Agency shall ensure that the prime contractor maintains a copy of the search results in the prime contractor's file. 15. Documentation of Volunteer donating services on the project. Volunteer files shall include: (1) the name and address of the agency sponsoring the project; (2) a description of the project; and (3) the number of volunteers and the hours donated to the project. 16. Documentation required by Part IV, Paragraph 5, if any funds provided under this Scope are used to acquire equipment. 17. Documentation of client income. Unless clients are presumed eligible based on CDBG regulations, the Agency shall screen all clients served with funds provided under this Contract to ensure that at least 51% of the total number of clients served do not have a gross annual family income in excess of the limits specified in Exhibit B. Adjusted gross income as defined by the Internal Revenue Service Form 1040 shall be used to determine persons' or households' income. The following methods may be used to determine income eligibility: a) IRS income tax return; b) Client income certification on a form approved by the City; or c) Documentation of qualification for participation in a "means- tested" federal or state program at least as restrictive as CDBG with regard to Income Guidelines. Income guidelines may be adjusted periodically by HUD. The Agency agrees to use updated Income Guidelines, which will be provided by the City. CDBG Project Scope of Services- Page 3 B. Record Retention Period All records required by this Scope shall be retained by the Agency for the period of time specified in the Agreement - Part IV. The period of time shall commence on January 1 of the year following the year in which the final invoice was paid. 5) Reports, Invoicing and Reporting Schedule A. Reports, Invoicing and Reporting Schedule If applicable, the Agency shall collect and report client information to the City quarterly on the Servrce Units section of the Billing Voucher and Service Report to be provided by the City. The Billing Voucher and Service Report shall be submitted electronically via the City's web based reporting site at: https://apps.ci.kent.wa.us/khforms/ . B. Invoicing and Reporting Schedule The Agency shall submit invoices to the City in the form of a CDBG Reimbursement Request. Reimbursement Requests shall be signed by an authorized representative of the Agency. Copies of supporting documents shall be submitted electronically to drwilson@ci.kent.wa.us or via the U.S. Postal Service and postmarked within two days of the due dates listed below. The Agency shall submit CDBG Reimbursement Requests to the City in accordance with the following schedule: CDBG Reimbursement Request (Exhibit D) 7/15 CDBG Public Services Project Time Sheet (Exhibit H, if applicable) Final Program Accomplishment Form 1/8/10 (Exhibit E, if applicable) 6) City review and approval of procurement documents The Agency shall submit a draft of the following documents to the City for review and approval at least fifteen (15) days prior to preparing the final version and advertising or soliciting responses for any type of service including, but not limited to, professional services and construction services: • Construction bid specifications; • Invitation to bid • Request for proposals; and • Request for qualifications The Agency shall not prepare a final version of any of the above documents and advertise or solicit responses without the written approval of the City. 7) Construction Project Requirements CDBG Project Scope of Services- Page 4 The Agency shall not authorize any work under a construction contract assisted in whole or in part under this Contract to proceed until and unless City of Kent Community Development Block Grant staff has presented each prime contractor with detailed information regarding compliance with CDBG Program Regulations including but not limited to, federal labor standards, at a pre construction conference. The Agency shall include in construction bid specifications and construction contracts assisted in whole or in part under this Contract, provisions requiring each prime construction contractor to submit the following to the City: • Payroll Report with Statement of Compliance • Number of volunteers and volunteer hours (required if volunteers are used on the project) • Certificate from Contractor Appointing Officer or Employee to Supervise Payment of Employee (if applicable) • No Work Performed Notice (required during weeks when work is not performed) • Voluntary Authorization of Employee Payroll Deductions • City of Kent Final Affidavit of Amount paid to the County (this form shall be submitted by the Agency to the City prior to the Agency's release of retainage to each prime contractor) The City shall retain ten percent (10%) of the value of funds provided under this project Scope. The City shall disburse the retained amount upon the City's verification that the Agency has complied with the provisions of this contract that are applicable to construction contracts. CDBG Project Scope of Services-Page 5 EXHIBIT B 2009 HUD INCOME GUIDELINES Effective 3/19/09 Median Family Income = $84,300 WITM - 1`0-� �> - �- ° MEDIAN MEDIAN MEDIAN �. FAMILY EXTREMELY VERY LOW SIZE LOW LOW INCOME INCOME, INCOME � 1 $17,700 $29,500 $44,800 2 $20,250 $33,700 $51,200 3 $22,750 $37,950 $57,600 4 $25,300 $42,150 $64,000 5 $27,300 $45,500 $69,100 6 $29,350 $48,900 $74,250 7 $31,350 $52,250 $79,350 8 $33,400 $55,650 $84,500 i EXHIBIT C APPOINTMENT OF LIAISON & AUTHORIZATION TO SUBMIT REIMBURSEMENT REPORTS 2009 CDBG AGREEMENT Appointment of Liaison The Agency appoints the following person as the liaison for the CDBG Agreement between the City and the Agency; this person shall be responsible for overall administration of the CDBG funded program: Liaison: Brian Levenhagen - Project Manager -- (title) Authorization to Submit Reimbursement Requests The Agency authorizes the following individual(s) to submit Reimbursement Requests for costs incurred pursuant to the 2009 CDBG Agreement between the Agency and the City; reimbursement requests shall not be processed for payment unless they are submitted by an authorized individual(s): Authorized Individual(s): Chauntelle Hellner - Project Accountant (Type Name) (title) Additional Authorized Individual: (if applicable): Lori Flemm - Superintendent Parks & Open Space (Type Name) (title) May 6, 2009 (date) EXHIBIT D -PARKS DEPARTMENT: KIWANIS #1 2009 CDBG REIMBURSEMENT REQUEST REQUEST NUMBER TO: Dinah Wilson, City of Kent Parks/Human Service Division FROM: Parks/Planning& Development 220 Fourth Avenue South 220 4th Avenue South Kent, WA 98032 Kent,WA 98032 This voucher reimbursement request is for activities/services rendered under the Community Development Block Grant Agreement identified as Project#BG0918 Project Title Kiwanis#1 Playground Improvement The costs as presented in this request were incurred between the time periods of, to COST CATEGORIES ORIGINAL REVISED TOTAL CUMULATIVE TO AWARD BUDGET BUDGET REQUESTED DATE BALANCE 1 Personnel Costs (Attach Time Sheets) $2,040 2 Office or Operating Supplies(Attach Receipts) 3 Consultant/Purchased Services(Submit $17,676.00 Substantiating Bills) 4 Construction Contracts (Submit Substantiating $49,645.00 Bills) 5 Real Property Acquisition (Submit Substantiating Bills) 6 Playground Equipment $65,784.00 (Attach Receipts) 7 Travel and Training (State Number of Miles) 8 Intra County Support (Specify) 9 Capital Outlay/Equipment (Attach Receipts) 10 Other(specify) GRAND TOTAL $135,145.00 I certify that the above costs in the amount of$ have been incurred and that necessary receipts or invoices are attached. A Program Accomplishments form is also attached Authorized Signature(As Set Forth In Exhibit C) Date 2009 CITY OF ICENT COMMUNITY PLANNING !ACQUISITION 1 DESIGN/CONSTRUCTION DEVELOPMENT BLOCK GRANT PROJECTS PROGRAM EXHIBIT E -PROGRAM ACCOMPLISHMENTS City of Kent As CDBG Recipient NO VOUCHER WILL BE PAID UNLESS THIS PAGE HAS BEEN COMPLETED CONTACT Brian Levenhagen PHONE (253) 856-5116 DATE OF VOUCHER CDBG PROJECT NO BG0918 CDBG PROJECT TITLE Kiwanis#1 Playground Improvement Project PERSONNEL(STATE NAMES OF EMPLOYEES FUNDED IN WHOLE OR IN PART BY THIS REQUEST) Schedule by Task Enter a projected completion date for each milestone that applies to your project Construction Projects: Projected Date Completed Date Design Begun 1/5/09 1/5/09 Design complete 3/1/09 3/1/09 Environmental review complete 5/10/09 5/6/09 Bid opening 5/18/09 Bid award 5/18/09 Pre-construction conference 5/19/09 Notice to proceed 5/20/09 Project 75% complete 6/15/09 Construction complete: 6/30/09 Release retainage 7/31/09 Acquisition Projects: Projected Date Environmental Review complete N/A Purchase and Sale Agreement executed- N/A Appraisal complete N/A Building Inspection complete N/A Hazardous Material Assessment complete: N/A Closing N/A Must be submitted with Reimbursement Request EXHIBIT F INSURANCE REQUIREMENTS FOR CDBG AGREEMENTS Not Required for This Contract (The City Submitted Certificate of Insurance with its HUD Contract) EXHIBIT G City of Kent Certification Regarding Debarment and Suspension CITY OF KENT AS CDBG RECIPIENT Aaencv KIWANIS # 1 PLAYGROUND IMPROVEMENT PROJECT/BG0918 Name of Project/Project Number Certification A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions I The prospective primary participant certifies to the best of its knowledge and belief that its principals; a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency, b Have not within a three-year period preceding this proposal, been convicted of or had a civil Judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false staterents, or receiving stolen property, c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification, and d. Have not within a three-year period preceding this application/ proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certlfication, such prospective participant shall attach an explanation to this proposal Instructions for Certification (A) I By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2 The inability of a person to provide the certification required below will not necessarily submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification In this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it Is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government/City of Kent, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the I of 3 Definitions and Coverage sections of the rules implementing Executive Order 12549 You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of these regulations 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered Into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction 7 The prospective primary participant further agrees by submitting this proposal that it will Include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. S A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, Ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous A participant may decide the method and frequency by which it determines this eligibility of its principals Each participant may, but is not required to, check the Non- procurement List 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government/City of Kent, the department or agency may terminate this transaction for cause of default Certification B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor Its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal depart- ment or agency 2 Where the prospective lower tier participant is unable to certify to any of the statements In this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Certification (B) 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The cei tification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government/City of Kent, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3 The prospective lower tier participant shall provide Immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that Its certification was erroneous when submitted or has become erroneous by reason of changed circumstances 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may 2of3 contact the person to which this proposal is submitted for assistance in obtaining a copy of these regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered Into, it shall not knowingly enter into any lower tier covered transaction with a person who Is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated 6. The prospective lower tier participant further agrees by submitting this proposal that It will Include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous A participant may decide the method and frequency by which it determines the eligibility of its principals Each participant may, but is not required to, check the Non- procurement List, 8 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which Is normally possessed by a prudent person in the ordinary course of business dealings. 9 Except for transactions authorized under paragraph (5) of these instructions, if a participant In a lower covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government/City of Kent, the department or agency with which this transaction originated may pursue available remedies including suspension and/or debarment Primary Contractor/Sub-Contractor (Print) Date MAI Authorized Signature of PrimatV Q Title Con tra cto r/Sub-Co ntracto r (Sign) 3 of 3 '0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O I a m i;F a a y�` a-.k✓,�] e_4 IS f h J M A O I' M fib N O �I N v o i ! N �I N O A ti f •� N a'3 Fxf.i fa r# i if ry N � O UZ Ybi r`�i nf1 ip O u Y a ��t N N � m U a z of n G y4 O f O ry O A [Vi � L � O } C 1 � Y a "'o 'C O U7 0. W m ° m {yo 3 n W Z m p, ,i',,y 4 a n O In T a> 1- EXHIBIT I 504/ADA DISABILITY ASSURANCE OF COMPLIANCE Not Required for This Contract (ADA Compliance is a Citywide Requirement) 1 Federal Labor Standards Provisions U.S.Department of Housing EXHIBIT ] and Urban Development Office of Labor Relations Applicability The Project or Program to which the construction work covered appropriate), a report of the action taken shall be sent by HUD or by this contract pertains is being assisted by the United States of its designee to the Administrator of the Wage and Hour Division, America and the following Federal Labor Standards Provisions Employment Standards Administration, U S Department of La- are included in this Contract pursuant to the provisions applicable bor,Washington, D C 20210 The Administrator,or an authorized to such Federal assistance representative,will approve, modify, or disapprove every additional A. 1. (1) Minimum Wages. All laborers and mechanics em- classification action within 30 days of receipt and so advise HUD ployed or working upon the site of the work will be paid uncondi- or its designee or will notify HUD or its designee within the 30-day tionally and not less often than once a week, and without subse- period that additional time is necessary (Approved by the Office quent deduction or rebate on any account (except such payroll of Management and Budget under OMB control number 1215- deductions as are permitted by regulations issued by the Secre- 0140 ) tary of Labor under the Copeland Act (29 CFR Part 3), the full (c) In the event the contractor, the laborers or mechanics to be amount of wages and bona fide fringe benefits (or cash equiva- employed in the classification or their representatives, and HUD lents thereof) due at time of payment computed at rates not less or its designee do not agree on the proposed classification and than those contained in the wage determination of the Secretary wage rate (including the amount designated for fringe benefits, of Labor which is attached hereto and made a part hereof, re- where appropriate), HUD or its designee shall refer the questions, gardless of any contractual relationship which may be alleged to including the views of all interested parties and the recommenda- exist between the contractor and such laborers and mechanics tion of HUD or its designee, to the Administrator for determina- Contributions made or costs reasonably anticipated for bona fide tion The Administrator, or an authorized representative, will is- fringe benefits under Section I(b)(2) of the Davis-Bacon Act on sue a determination within 30 days of receipt and so advise HUD behalf of laborers or mechanics are considered wages paid to or its designee or will notify HUD or its designee within the 30-day such laborers or mechanics, subject to the provisions of 29 CFR period that additional time is necessary (Approved by the Office 5 5(a)(1)(iv), also, regular contributions made or costs incurred of Management and Budget under OMB Control Number 1215- for more than a weekly period (but not less often than quarterly) 0140 ) under plans,funds,or programs,which coverthe particular weekly (d) The wage rate (including fringe benefits where appropriate) period, are deemed to be constructively made or incurred during determined pursuantto subparagraphs(1)(n)(b)or(c)of this para- such weekly period graph, shall be paid to all workers performing work in the classifi- Such laborers and mechanics shall be paid the appropriate wage cation under this contract from the first day on which work is per- rate and fringe benefits on the wage determination for the classi- formed in the classification fication of work actually performed,without regard to skill, except (in) Whenever the minimum wage rate prescribed in the contract as provided in 29 CFR 5 5(a)(4) Laborers or mechanics per- for a class of laborers or mechanics includes a fringe benefit which forming work in more than one classification may be compensated is not expressed as an hourly rate,the contractor shall either pay at the rate specified for each classification for the time actually the benefit as stated In the wage determination or shall pay an- worked therein Provided, That the employers payroll records other bona fide fringe benefit or an hourly cash equivalent thereof accurately set forth the time spent in each classification in which work is performed The wage determination (including any addi- (iv) If the contractor does not make payments to a trustee or tional classification and wage rates conformed under 29 CFR other third person, the contractor may consider as part of the 5 5(a)(1)(n)and the Davis-Bacon poster(WH-1321)shall be posted wages of any laborer or mechanic the amount of any costs rea- at all times by the contractor and its subcontractors at the site of sonably anticipated in providing bona fide fringe benefits under a the work in a prominent and accessible, place where it can be plan or program, Provided,That the Secretary of Labor has found, easily seen by the workers upon the written request of the contractor,that the applicable stan- dards of the Davis-Bacon Act have been met The Secretary of (it) (a) Any class of laborers or mechanics which is not listed in Labor may require the contractor to set aside in a separate ac- the wage determination and which is to be employed under the count assets for the meeting of obligations under the plan or pro- contract shall be classified in conformance with the wage deter- gram (Approved by the Office of Management and Budget under mination HUD shall approve an additional classification and wage OMB Control Number 1215-0140 ) rate and fringe benefits therefor only when the following criteria have been met 2 Withholding HUD or its designee shall upon its own action or upon written request of an authorized representative of the De- (1) The work to be performed by the classification requested is partment of Labor withhold or cause to be withheld from the con- not performed by a classification in the wage determination, and tractor under this contract or any other Federal contract with the (2) The classification is utilized in the area by the construction same prime contractor, or any other Federally-assisted contract industry, and subject to Davis-Bacon prevailing wage requirements, which is (3) The proposed wage rate, including any bona fide fringe ben- held by the same prime contractor so much of the accrued pay- efits, bears a reasonable relationship to the wage rates contained ments or advances as may be considered necessary to pay la- in the wage determination borers and mechanics, including apprentices, trainees and help- (b) If the contractor and the laborers and mechanics to be em- ers, employed by the contractor or any subcontractor the full ployed in the classification (if known), or their representatives, amount of wages required by the contract In the event of failure and HUD or its designee agree on the classification and wage to pay any laborer or mechanic, including any apprentice, trainee rate (including the amount designated for fringe benefits where or helper, employed or working on the site of the work, all or part form HUD-4010 (07/2003) Previous edition is obsolete Pagel of 4 ref Handbook 1344 1 of the wages required by the contract, HUD or its designee may, period has been paid the full weekly wages earned, without re- after written notice to the contractor,sponsor,applicant,or owner, bate,either directly or indirectly,and that no deductions have been take such action as may be necessary to cause the suspension made either directly or indirectly from the full wages earned,other of any further payment, advance,or guarantee of funds until such than permissible deductions as set forth in 29 CFR Part 3, violations have ceased HUD or its designee may, after written (3) That each laborer or mechanic has been paid not less than notice to the contractor, disburse such amounts withheld for and the applicable wage rates and fringe benefits or cash equivalents on account of the contractor or subcontractor to the respective for the classification of work performed, as specified in the appli- employees to whom they are due The Comptroller General shall cable wage determination incorporated into the contract make such disbursements in the case of direct Davis-Bacon Act (c) The weekly submission of a properly executed certification contracts set forth on the reverse side of Optional Form WH-347 shall sat- 3 (1) Payrolls and basic records Payrolls and basic records isfy the requirement for submission of the"Statement of Compli- relating thereto shall be maintained by the contractor during the ance" required by subparagraph A 3 (n)(b) course of the work preserved for a period of three years thereaf- (d) The falsification of any of the above certifications may subject ter for all laborers and mechanics working at the site of the work the contractor or subcontractor to civil or criminal prosecution Such records shall contain the name, address, and social secu- under Section 1001 of Title 18 and Section 231 of Title 31 of the rity number of each such worker, his or her correct classification, United States Code hourly rates of wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof (in) The contractor or subcontractor shall make the records re- of the types described in Section I(b)(2)(B) of the Davis-bacon quired under subparagraph A 3 (1) available for inspection, copy- Act), daily and weekly number of hours worked, deductions made ing, or transcription by authorized representatives of HUD or its and actual wages paid Whenever the Secretary of Labor has designee or the Department of Labor, and shall permit such rep- found under 29 CFR 5 5(a)(1)(iv)that the wages of any laborer or resentatives to interview employees during working hours on the mechanic include the amount of any costs reasonably anticipated job If the contractor or subcontractor fails to submit the required in providing benefits under a plan or program described in Sec- records or to make them available, HUD or its designee may,after tion I(b)(2)(B) of the Davis-Bacon Act, the contractor shall main- written notice to the contractor, sponsor, applicant or owner, take tain records which show that the commitment to provide such such action as may be necessary to cause the suspension of any benefits is enforceable, that the plan or program is financially re- further payment, advance, or guarantee of funds Furthermore, sponsible, and that the plan or program has been communicated failure to submit the required records upon request or to make in writing to the laborers or mechanics affected,and records which such records available may be grounds for debarment action pur- show the costs anticipated or the actual cost incurred in providing suant to 29 CFR 5 12 such benefits Contractors employing apprentices or trainees 4. Apprentices and Trainees. under approved programs shall maintain written evidence of the (i) Apprentices. Apprentices will be permitted to work at less registration of apprenticeship programs and certification of trainee than the predetermined rate for the work they performed when programs, the registration of the apprentices and trainees, and they are employed pursuant to and individually registered in a the ratios and wage rates prescribed in the applicable programs bona fide apprenticeship program registered with the U S De- (Approved by the Office of Management and Budget under OMB partment of Labor, Employment and Training Administration, Of- Control Numbers 1215-0140 and 1215-0017) fice of Apprenticeship Training, Employer and Labor Services, or (h) (a) The contractor shall submit weekly for each week in which with a State Apprenticeship Agency recognized by the Office, or if any contract work is performed a copy of all payrolls to HUD or its a person is employed in his or her first 90 days of probationary designee if the agency is a party to the contract, but if the agency employment as an apprentice in such an apprenticeship program, is not such a party, the contractor will submit the payrolls to the who is not individually registered in the program, but who has applicant sponsor, or owner,as the case may be,for transmission been certified by the Office of Apprenticeship Training, Employer to HUD or its designee The payrolls submitted shall set out ac- and Labor Services or a State Apprenticeship Agency (where curately and completely all of the information required to be main- appropriate) to be eligible for probationary employment as an tained under 29 CFR 5 5(a)(3)(i) This information may be submit- apprentice The allowable ratio of apprentices to journeymen on ted in any form desired Optional Form WH-347 is available for the job site in any craft classification shall not be greater than the this purpose and may be purchased from the Superintendent of ratio permitted to the contractor as to the entire work force under Documents (Federal Stock Number 029-005-00014-1), U S Gov- the registered program Any worker listed on a payroll at an ap- ernment Printing Office, Washington, DC 20402 The prime con- prentice wage rate, who is not registered or otherwise employed tractor is responsible for the submission of copies of payrolls by as stated above, shall be paid not less than the applicable wage all subcontractors (Approved by the Office of Management and rate on the wage determination for the classification of work actu- Budget under OMB Control Number 1215-0149 ) ally performed In addition, any apprentice performing work on (b) Each payroll submitted shall be accompanied by a "State- the job site in excess of the ratio permitted under the registered ment of Compliance;'signed by the contractor or subcontractor or prdgram shall be paid not less than the applicable wage rate on his or her agent who pays or supervises the payment of the per- the wage determination for the work actually performed Where a sons employed under the contract and shall certify the following- contractor is performing construction on a project in a locality other (1) That the payroll for the payroll period contains the information than that in which its program is registered, the ratios and wage maintained under 29 CFR 5 5 (a)(3)(i) and that rates (expressed in percentages of the journeyman's hourly rate) required to be m such information ai correct and complete, specified in the contractor's or subcontractor's registered program shall be observed Every apprentice must be paid at not less (2) That each laborer or mechanic (including each helper, ap- than the rate specified in the registered program for the prentice, and trainee) employed on the contract during the payroll apprentice's level of progress, expressed as a percentage of the form HUD-4010(07/2003) Previous edition is obsolete Page 2 of 4 ref Handbook 1344 1 journeymen hourly rate specified in the applicable wage determi- 7. Contract termination; debarment. A breach of the contract nation Apprentices shall be paid fringe benefits in accordance clauses in 29 CFR 5 5 may be grounds for termination of the con- with the provisions of the apprenticeship program If the appren- tract and for debarment as a contractor and a subcontractor as ticeship program does not specify fringe benefits,apprentices must provided in 29 CFR 5 12 be paid the full amount of fringe benefits listed on the wage deter- g Compliance with Davis-Bacon and Related Act Requirements. mination for the applicable classification If the Administrator de- All rulings and interpretations of the Davis-Bacon and Related termines that a different practice prevails for the applicable ap- Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorpo- prentice classification, fringes shall be paid in accordance with rated by reference in this contract that determination In the event the Office of Apprenticeship Train- 9. Disputes concerning labor standards. Disputes arising out ing, Employer and Labor Services, or a State Apprenticeship of the labor standards provisions of this contract shall not be sub- Agency recognized by the Office, withdraws approval of an ap- ject to the general disputes clause of this contract Such disputes prenticeship program, the contractor will no longer be permitted shall be resolved in accordance with the procedures of the De- to utilize apprentices at less than the applicable predetermined partment of Labor set forth in 29 CFR Parts 5, 6, and 7 Disputes rate for the work performed until an acceptable program is ap- within the meaning of this clause include disputes between the proved contractor(or any of its subcontractors) and HUD or its designee, (it) Trainees. Except as provided in 29 CFR 5 16, trainees will the U S Department of Labor, or the employees or their repre- not be permitted to work at less than the predetermined rate for sentatives the work performed unless they are employed pursuant to and 10. (i) Certification of Eligibility By entering into this contract individually registered in a program which has received prior ap- the contractor certifies that neither it (nor he or she) nor any per- proval, evidenced by formal certification by the U S Department son or firm who has an interest in the contractor's firm is a person of Labor, Employment and Training Administration The ratio of or firm ineligible to be awarded Government contracts by virtue of trainees to journeymen on the job site shall not be greater than Section 3(a)of the Davis-Bacon Act or 29 CFR 5 12(a)(1) or to be permitted under the plan approved by the Employment and Train- awarded HUD contracts or participate in HUD programs pursuant ing Administration Every trainee must be paid at not less than to 24 CFR Part 24 the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly (if) No part of this contract shall be subcontracted to any person rate specified in the applicable wage determination Trainees shall or firm ineligible for award of a Government contract by virtue of be paid fringe benefits in accordance with the provisions of the Section 3(a)of the Davis-Bacon Act or 29 CFR 5 12(a)(1) or to be trainee program If the trainee program does not mention fringe awarded HUD contracts or participate in HUD programs pursuant benefits, trainees shall be paid the full amount of fringe benefits to 24 CFR Part 24 listed on the wage determination unless the Administrator of the (Ili) The penalty for making false statements is prescribed in the Wage and Hour Division determines that there is an apprentice- U S Criminal Code, 18 U S C 1001 Additionally, U S Criminal ship program associated with the corresponding journeyman wage Code, Section 1 01 0,Title 18, U S C ,"Federal Housing Adminis- rate on the wage determination which provides for less than full tration transactions", provides in part "Whoever, for the purpose fringe benefits for apprentices Any employee listed on the pay- of influencing in any way the action of such Administration roll at a trainee rate who is not registered and participating in a makes, utters or publishes any statement knowing the same to be training plan approved by the Employment and Training Adminis- false shall be fined not more than $5,000 or imprisoned not tration shall be paid not less than the applicable wage rate on the more than two years, or both" wage determination for the work actually performed In addition, 11. Complaints, Proceedings, or Testimony by Employees. any trainee performing work on the job site in excess of the ratio No laborer or mechanic to whom the wage, salary, or other labor permitted under the registered program shall be paid not less than standards provisions of this Contract are applicable shall be dis- the applicable wage rate on the wage determination for the work charged or in any other manner discriminated against by the Con- actually performed In the event the Employment and Training tractor or any subcontractor because such employee has filed any Administration withdraws approval of a training program, the con- complaint or instituted or caused to be instituted any proceeding tractor will no longer be permitted to utilize trainees at less than or has testified or is about to testify in any proceeding under or the applicable predetermined rate for the work performed until an relating to the labor standards applicable under this Contract to acceptable program is approved his employer (Ili) Equal employment opportunity. The utilization of appren- tices, trainees and journeymen under 29 CFR Part 5 shall be in B. Contract Work Hours and Safety Standards Act. The provi- conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30 the prime this paragraph B are applicable only where the amount of the pme contract exceeds$100,000 As used in this paragraph,the 5. Compliance with Copeland Act requirements. The contrac- terms"laborers"and"mechanics"include watchmen and guards for shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract (1) Overtime requirements No contractor or subcontractor con- tracting for any part of the contract work which may require or involve 6 Subcontracts The contractor or subcontractor will insert in the employment of laborers or mechanics shall require or permit any any subcontracts the clauses contained in subparagraphs 1 such laborer or mechanic in any workweek in which he or she Is through 11 of this paragraph A and such other clauses as HUD or employed on such work to work in excess of 40 hours in such work- its designee may by appropriate instructions require, and a copy week unless such laborer or mechanic receives compensation at a of the applicable prevailing wage decision, and also a clause re- rate not less than one and one-half times the basic rate of pay for all guiring the subcontractors to include these clauses in any lower hours worked in excess of 40 hours in such workweek tier subcontracts The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor (2) Violation; liability for unpaid wages; liquidated damages. with all the contract clauses in this paragraph In the event of any violation of the clause set forth in subpara- form HUD-4010 (07/2003) Previous edition is obsolete Page 3 of 4 ref Handi)ook 1344 1 graph (1) of this paragraph,the contractor and any subcontractor (4) Subcontracts The contractor or subcontractor shall insert responsible therefor shall be liable for the unpaid wages In addi- in any subcontracts the clauses set forth in subparagraph (1) tion,such contractor and subcontractor shall be liable to the United through (4) of this paragraph and also a clause requiring the sub- States (in the case of work done under contract for the District of contractors to Include these clauses in any lower tier subcontracts Columbia or a territory, to such District or to such territory), for The prime contractor shall be responsible for compliance by any liquidated damages Such liquidated damages shall be computed subcontractor or lower tier subcontractor with the clauses set forth with respect to each Individual laborer or mechanic, including in subparagraphs (1) through (4) of this paragraph watchmen and guards, employed in violation of the clause set C. Health and Safety The provisions of this paragraph C are ap- forth in subparagraph (1) of this paragraph, in the sum of$10 for plicable only where the amount of the prime contract exceeds each calendar day on which such individual was required or permit- $100,000 ted to work in excess of the standard workweek of 40 hours without (1) No laborer or mechanic shall be required to work in surround- payment of the overtime wages required by the clause set forth in ings or under working conditions which are unsanitary, hazard- sub paragraph (1) of this paragraph ous, or dangerous to his health and safety as determined under (3) Withholding for unpaid wages and liquidated damages. construction safety and health standards promulgated by the Sec- HUD or its designee shall upon its own action or upon written retary of Labor by regulation request of an authorized representative of the Department of La- (2) The Contractor shall comply with all regulations issued by the bor withhold or cause to be withheld, from any moneys payable Secretary of Labor pursuant to Title 29 Part 1926 and failure to on account of work performed by the contractor or subcontractor comply may result in imposition of sanctions pursuant to the Con- under any such contract or any other Federal contract with the tract Work Hours and Safety Standards Act, 40 USC 3701 et seq same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act (3) The Contractor shall include the provisions of this para- which is held by the same prime contractor such sums as may be graph in every subcontract so that such provisions will be determined to be necessary to satisfy any liabilities of such con- binding on each subcontractor The Contractor shall take such tractor or subcontractor for unpaid wages and liquidated damages action with respect to any subcontract as the Secretary of as provided in the clause set forth in subparagraph (2) of this Housing and Urban Development or the Secretary of Labor paragraph shall direct as a means of enforcing such provisions form HUD-4010(07/2003) Previous edition is obsolete Page 4 of 4 ref Handbook 1344 1 Wilson, Dinah EXHIBIT K From: Hairston, Eugene [Eugene Hairston@hud gov] Sent: Thursday, May 07, 2009 2 59 PM To: Wilson, Dinah subject: age a ermina ion Hi Dinah, I believe concrete form setter is listed under Laborer GrOL p 2,3 or 4 1 would check there before submitting an additional classification From: Wilson, Dinah [mailto•DRWilson@ci.kent.wa.us] Sent: Thursday, May 07, 2009 1:53 PM To: Hairston, Eugene Subject: RE: Wage Determination Hi Eugene, Thank you. Please see addition below in red. Let me know if it's okay to add that or just send me a revised copy with that change. In reviewing Form 4230A, it looks like I need to wait until we select contractors before completing it. Is that correct? • Do you approve the 4230A request? If not, what's the turnaround in getting approval from headquarters? Dinah From: Hairston, Eugene [mailto.Eugene Hairston@hud.gov] Sent: Thursday, May 07, 2009 11.12 AM To: Wilson, Dinah Subject: RE: Wage Determination Here is our response to your request. Those classifications that are not listed on the wage decision—we can add through additional classification HUD Form 4230A U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT REQUEST for DETERMINATION &RESPONSE to REQUEST Requesting Agency: Telephone No.: Date: City of Kent, WA 253-856-5076 May 5, 2009 Dinah R. Wilson Name of Representative CDBG Coordinator Title 1 Bid Advertising Date:Opening Date: Award Date: Construction Dollar Value Start: of Contract: May 9, 2009 May 15,2009 May 18,2009 May 26,2009 $130,145 PROJECT: Name, Number& Location County: State: Parks Dept. Kiwanis#1 Playground Improvement Project: BG0918 King County,WA First Avenue&W. Crow St. Kent,WA 98032 TYPE OF WORK: _Building #of Stories_ Public Works_ _ Rehab; Program: Parks _CIAP _SF Res _ MF Res Description of Work: (Be Specific) Work done by contractors will include pour in place rubber resurfacing of the playground surface and acrylic surfacing of the basketball court, pruning trees with a chainsaw; installing a fence; and a concrete curb around CALL TEN CALENDAR DAYS PRIOR TO ACTUAL BID OPENING TO CHECK FOR CURRENT MODIFICATIONS. IF NO BID OPENING,CALL TEN CALENDAR DAYS PRIOR TO ACTUAL CONTRACT AWARD DATE TO CHECK FOR CURRENT MODIFICATIONS. Approving HUD Representative: Eugene Hairston Labor Relations Specialist 5/7/2009 Signature Title Date Federal Wage Decision No.: Modifications: Date of Modification: WA080001 #25 3/20/2009 See below for general wage decision. General Decision Number WA080001 03/20/2009 WA1 Superseded General Decision Number WA20070001 State VVd511I[1gLUH Construction Types Heavy(Heavy and Dredging)and Highway Counties Washington Statewide HEAVY AND HIGHWAY AND DREDGING CONSTRUCTION PROJECTS(Excludes D 0 E Hanford Site in Benton and Franklin Counties) 2 Modification Number Publication Date 0 02/08/2008 1 02/15/2008 2 02/22/2008 3 04/04/2008 4 04/25/2008 5 05/09/2008 6 06/06/2009 7 06/13/2008 8 06/20/2008 9 06/27/2008 10 07/11/2008 11 07/25/2008 12 08/01/2008 13 08/08/2008 14 08/29/2008 15 09/05/2009 16 09/19/2008 17 10/03/2008 18 10/24/2008 19 10/31/2008 20 11/21/2008 21 01/02/2009 22 02/06/2009 23 02/27/2009 24 03/06/2009 25 03/20/2009 CARP0001-008 06/01/2007 Rates Fringes Carpenters: COLUMBIA RIVER AREA- ADAMS, BENTON,COLUMBIA, DOUGLAS(EAST OF THE 120TH MERIDIAN), FERRY, FRANKLIN, GRANT, OKANOGAN (EAST OF THE 120TH MERIDIAN)AND WALLA WALLA COUNTIES GROUP 1 . ....$25 68 9 30 GROUP 2 ............ .....$27 18 930 GROUP 3 . ....... .... .$25 95 930 GROUP 4• . . . .. .$ 25 68 930 GROUPS $59 40 930 GROUP 6 .$28 70 930 GROUP 7 ....... .. . .$29 70 930 GROUP 8 .... $26 95 930 GROUP 9 $32 70 930 SPOKANE AREA ASOTIN, GARFIELD, LINCOLN, PEND OREILLE,SPOKANE, STEVENS AND WHITMAN COUNTIES GROUP 1 . . $25 01 930 GROUP2 . .......... . .. $ 26 51 930 3 GROUP 3 $25 27 930 GROUP 4 $ 25 01 930 GROUP 5 $58 04 930 GROUP 6 . . . $ 28 02 930 GROUP 7 $ 29 02 930 GROUP 8 $26 27 930 GROUPS) . $32 02 930 CARPENTER& DIVER CLASSIFICATIONS GROUP 1 Carpenter, Burner-Welder, Rigger and Signaler; Insulators(all types),Acoustical, Drywall and Metal Studs, Metal Panels and Partitions, Floor Layer,Sander, Finisher and Astro Turf, Layout Carpenters, Form Builder; Rough Framer, Outside or Inside Finisher, including doors, windows, and jams,Sawfiler,Shingler(wood, composition) Solar, Fiberglass,Aluminum or Metal,Scaffold Erecting and Dismantling,Stationary Saw-Off Bearer,Wire,Wood and Metal Lather Applicator GROUP 2 Millwright, machine erector GROUP 3 Piledriver-includes driving, pulling, cutting, placing collars,setting,welding,or creosote treated material,on all piling GROUP 4 Bridge, dock and wharf carpenters GROUPS Diver Wet GROUP 6 Diver Tender, Manifold Operator, ROV Operator GROUP 7 Diver Standby, Bell/Vehicle or Submersible operator Not Under Pressure GROUP 8 Assistant Tender, ROV Tender/Technician GROUP 9 Manifold Operator-Mixed Gas ZONE PAY ZONE 1 0-40 MILES FREE ZONE 2 41-65 MILES $2 25/PER HOUR ZONE 3 66-100 MILES $3 25/PER HOUR ZONE 4 OVER 100 MILES $4 75/PER HOUR DISPATCH POINTS, CARPENTERS/MILLWRIGHTS. PASCO(2819 W SYLVESTER) or Main Post Office of established residence of employee(Whichever is closest to the worksite) CARPENTERS/PILEDRIVER SPOKANE(127 E AUGUSTA AVE ) or Main Post Office of established residence of employee(Whichever is closest to the worksite) CARPENTERS WENATCHEE(27 N CHELAN)or Main Post Office of established residence of employee(Whichever is closest to the worksite) 4 CARPENTERS COEUR D'ALENE(1839 N.GOVERNMENT WAY)or Main Post Office of established residence of employee (Whichever is closest to the worksite) CARPENTERS MOSCOW(302 N JACKSON)or Main Post Office of established residence of employee(Whichever is closest to the worksite) DEPTH PAY FOR DIVERS BELOW WATER SURFACE: 50-100 feet $2 00 per foot 101-150 feet$3 00 per foot 151-220 feet$4 00 per foot 221 feet and deeper$5 00 per foot PREMIUM PAY FOR DIVING IN ENCLOSURES WITH NO VERTICAL ASCENT: 0-2S feet Free 26-300 feet$1 00 per Foot SATURATION DIVING The standby rate applies until saturation starts The saturation diving rate applies when divers are under pressure continuously until work task and decompression are complete the diver rate shall be paid for all saturation hours WORK IN COMBINATION OF CLASSIFICATIONS Employees working in any combination of classifications within the diving crew(except dive supervisor) in a shift are paid in the classification with the highest rate for that shift. HAZMAT PROJECTS Anyone working on a HAZMATjob(task),where HAZMAT certification is required,shall be compensated at a premium, in addition to the classification working in as follows LEVEL D+$ 25 per hour-This is the lowest level of protection No respirator is used and skin protection is minimal LEVEL C+$50 per hour-This level uses an air purifying respirator or additional protective clothing LEVEL B+$75 per hour-Uses same respirator protection as Level A Supplied air line is provided in conjunction with a chemical "splash sun". LEVEL A+$1 00 per hour-This level utilizes a fully encapsulated suit with a self-contained breathing apparatus or a supplied air line. CARP0003-006 06/01/2007 SOUTHWEST WASHINGTON: CLARK, COWLITZ, KLICKITAT, LEWIS(Pi led river only), PACIFIC(South of a straight line made 5 by extending the north boundary line of Wahkiakum County west to Willa pa Bay to the Pacific Ocean), SKAMANIA AND WAHKIAKUM COUNTIES and INCLUDES THE ENTIRE PENINSULA WEST OF WILLAPA BAY SEE ZONE DESCRIPTION FOR CITIES BASE POINTS ZONE 1 Rates Fringes Carpenters CARPENTERS,ACOUSTICAL $27 56 13.30 DIVERS TENDERS $30 28 1330 DIVERS $ 68 84 1330 DRYWALL $27 56 1330 FLOOR LAYERS&FLOOR FINISHERS(the laying of all hardwood floors nailed and mastic set, parquet and wood-type tiles, and block floors,the sanding and finishing of floors, the preparation of old and new floors when the materials mentioned above are to be installed), INSULATORS(fiberglass and similar irritating materils $27 71 1330 MILLWRIGHTS. .$ 28 04 13.30 PILEDRIVERS $ 28 04 1330 DEPTH PAY* 50 TO 100 FEET $1 00 PER FOOT OVER 50 FEET 101 TO 150 FEET $1 50 PER FOOT OVER 101 FEET 151 TO 200 FEET $2 00 PER FOOT OVER 151 FEET Zone Differential(Add up Zone 1 rates). Zone 2-$0 85 Zone 3- 125 Zone 4- 170 Zone 5- 2 00 Zone 6- 3 00 BASEPOINTS ASTORIA, LONGVIEW, PORTLAND,THE DALLES,AND VANCOUVER, (NOTE All dispatches for Washington State Counties.Cowlitz,Wahkiakum and Pacific shall be from Longview Local#1707 and mileage shall be computed from that point ) ZONE 1 Projects located within 30 miles of the respective city hall of the above mentioned cities ZONE 2 Projects located more than 30 miles and less than 40 miles of the respective city of the above mentioned cities ZONE 3 Projects located more than 40 miles and less than 50 miles of the respective city of the above mentioned cities ZONE 4. Projects located more than 50 miles and less than 60 6 miles of the respective city of the above mentioned cities ZONES Projects located more than 60 miles and less than 70 miles of the respective city of the above mentioned cities ZONE 6 Projects located more than 70 miles of the respected city of the above mentioned cities ---------------------------------------------------------------- CARP0770-003 06/01/2007 Rates Fringes Carpenters: CENTRAL WASHINGTON CHELAN, DOUGLAS(WEST OF THE 120TH MERIDIAN), KITTITAS,OKANOGAN (WEST OF THE 120TH MERIDIAN)AND YAKIMA COUNTIES ACCOUSTICAL WORKERS $23 25 10.85 BRIDGE, DOCK AND WHARF CARPENTERS AND HEAVY& HIGHWAY $ 32 49 1085 CARPENTERS AND DRYWALL APPLICATORS . . .... $ 23 25 1085 CARPENTERS ON CREOSOTE MATERIAL . $23 2S 1085 DIVERS TENDER . $ 33 29 1093 DIVERS ..... $ 74 82 1093 INSULATION APPLICATORS .$23 25 1085 MILLWRIGHT AND MACHINE ERECTORS $33 49 10.85 PILEDRIVER, DRIVING, PULLING,CUTTING, PLACING COLLARS,SETTING,WELDING OR CRESOTE TREATED MATERIAL,ALL PILING .. $ 32 69 1085 SAWFILERS,STATIONARY POWER SAW OPERATORS, FLOOR FINISHER, FLOOR LAYER,SHfNGLER, FLOOR SANDER OPERATOR AND OPERATORS OF OTHER STATIONARY WOOD WORKING TOOLS. . $ 23.25 10.85 (HOURLY ZONE PAY WESTERN AND CENTRAL WASHINGTON-ALL CLASSIFICATIONS EXCEPT MILLWRIGHTS AND PILEDRIVERS Hourly Zone Pay shall be paid on jobs located outside of the free zone computed from the city center of the fallowing listed cities Seattle Olympia Bellingham Auburn Bremerton Anacortes Renton Shelton Yakima Aberdeen-Hoquiam Tacoma Wenatchee Ellensburg Everett Port Angeles Centralia Mount Vernon Sunnyside Chelan Pt Townsend 7 Zone Pay- 0-25 radius miles Free 26-35 radius miles $1 00/hour 36-45 radius miles $1 15/hour 46-55 radius miles $1 35/hour Over 55 radius miles $1.55/hour (HOURLY ZONE PAY WESTERN AND CENTRAL WASHINGTON-MILLWRIGHT AND PILEDRIVER ONLY) Hourly Zone Pay shall be computed from Seattle Union Hall, Tacoma City center, and Everett City center Zone Pay 0-25 radius miles Free 26-45 radius miles $ 70/hour Over 45 radius miles $1 50/hour ------------------------------------------------------------- CARP0770-006 06/O1/2007 Rates Fringes Carpenters WESTERN WASHINGTON CLALLAM,GRAYS HARBOR, ISLAND,JEFFERSON, KING, KITSAP, LEWIS (excludes piledrivers only), MASON, PACIFIC(North of a straight line made by extending the north boundary line of Wahkiakum County west to the Pacific Ocean), PIERCE,SAN JUAN, SKAGIT,SNOHOMISH, THURSTON AND WHATCOM COUNTIES ACOUSTICAL WORKERS ..... $32.62 1126 BRIDGE, DOCK&WHARF CARPENTERS $32 49 1126 CARPENTERS AND DRYWALL APPLICATORS $ 32 49 1126 CARPENTERS ON CREOSOTE MATERIAL $ 32 59 1126 DIVERS TENDER .$ 33 29 1093 DIVERS $74 82 1093 INSULATION APPLICATORS $32 49 1126 MILLWRIGHT AND MACHINE ERECTORS $ 33.49 11.26 PILEDRIVER, DRIVING, PULLING, CUTTING, PLACING COLLARS,SETTING,WELDING OR CRESOTE TREATED MATERIAL,ALL PILING . $32 69 1126 SAW FILERS,STATIONARY POWER SAW OPERATORS, FLOOR FINISHER, FLOOR 8 LAYER,SHINGLER, FLOOR SANDER OPERATOR AND OPERATORS OF OTHER STATIONARY WOOD WORKING TOOLS $ 32 62 1126 (HOURLY ZONE PAY WESTERN AND CENTRAL WASHINGTON-ALL CLASSIFICATIONS EXCEPT MILLWRIGHTS AND PILEDRIVERS Hourly Zone Pay shall be paid on jobs located outside of the free zone computed from the city center of the following listed cities Seattle Olympia Bellingham Auburn Bremerton Anacortes Renton Shelton Yakima Aberdeen-Hoquiam Tacoma Wenatchee Ellensburg Everett Port Angeles Centralia Mount Vernon Sunnyside Chelan Pt Townsend Zone Pay 0-25 radius miles Free 26-35 radius miles $1 00/hour 36-45 radius miles $1 15/hour 46-55 radius miles $1 35/hour Over 55 radius miles $1 SS/hour (HOURLY ZONE PAY WESTERN AND CENTRAL WASHINGTON-MILLWRIGHT AND PILEDRIVER ONLY) Hourly Zone Pay shall be computed from Seattle Union Hall, Tacoma City center, and Everett City center Zone Pay- 0-25 radius miles Free 26-45radius miles $ 70/hour Over 45 radius miles $1 50/hour --------------------------------------------------------- ELEC0046-00107/02/2007 CALLAM,JEFFERSON, KING AND KITSAP COUNTIES Rates Fringes CABLE SPLICER........... . . $40.62 3%+13 21 ELECTRICIAN . . ................$36 93 3%+13 21 -------------------------------------------------------------- * ELECO048-003 01/01/2009 CLARK, KLICKITAT AND SKAMANIA COUNTIES Rates Fringes CABLE SPLICER. $34.40 3%+$14 85 ELECTRICIAN $ 35 65 3%+$15 35 HOURLY ZONE PAY 9 Hourly Zone Pay shall be paid on Jobs located outside of the free zone computed from the city center of the following listed cities Portland,The Dalles, Hood River,Tillamook,Seaside and Astoria Zone Pay Zone 1 31-50 miles $1 50/hour Zone 2 51-70 miles $3 50/hour Zone 3 71-90 miles $5 50/hour Zone 4 Beyond 90 miles $9 00/hour *These are not miles driven Zones are based on Delorrne Street Atlas USA 2006 plus ELEC0073-00101/01/2009 ADAMS, FERRY, LINCOLN, PEND OREILLE,SPOKANE,STEVENS,WHITMAN COUNTIES Rates Fringes CABLE SPLICER... $ 28 22 3%+12 48 ELECTRICIAN . . . . .. ..$27 82 3%+12 48 -------------------------------------------------------------- ELEC0076-002 03/01/2007 GRAYS HARBOR, LEWIS, MASON,PACIFIC, PIERCE,AND THURSTON COUNTIES Rates Fringes CABLE SPLICER $ 36 31 3%+13 19 ELECTRICIAN $32 71 3%+13.19 ------------------------------------------------------------- ELEC0077-002 02/01/2007 Rates Fringes Line Construction CABLE SPLICERS $42 09 3 875%+$10.60 GROUNDMEN $ 26 31 3 875%+$8 60 LINE EQUIPMENT MEN $32 32 3.875%+$8 70 LINEMEN, POLE SPRAYERS, HEAVY LINE EQUIPMENT MAN $37 58 3 875%+$10 60 POWDERMEN,JACKHAMMERMEN $ 28 19 3 875%+$8 60 TREE TRIMMER $22 65 3 875%+$8 35 --------------------------------------------------------------- ELEC0112-005 12/01/2008 ASOTIN, BENTON, COLUMBIA, FRANKLIN,GARFIELD, KITTITAS,WALLA WALLA,YAKIMA COUNTIES 10 Rates Fringes CABLE SPLICER.. . . .... $35 39 3%+13 48 ELECTRICIAN .......... ......$ 33.70 3%+13 48 --------------------------------------------------------------- ELEC0191-003 03/01/2008 ISLAND,SAN JUAN,SNOHOMISH,SKAGIT AND WHATCOM COUNTIES Rates Fringes CABLE SPLICER. . ..... ... $ 36 86 3%+12 98 ELECTRICIAN ..... . . . ..$33 51 3%+12 98 --------------------------------------------------------------- ELEC0191-004 03/01/2008 CHELAN, DOUGLAS, GRANT AND OKANOGAN COUNTIES Rates Fringes CABLE SPLICER $32 46 3%+12 81 ELECTRICIAN . ......... $ 29 51 3%+12 81 ELEC0970-00101/01/2009 COWLITZ AND WAHKIAKUM COUNTIES Rates Fringes CABLE SPLICER ............... $34.68 3%+9 59 ELECTRICIAN. . . ..... ... .$ 31 53 3%+9 59 --------------------------------------------------------------- ENG10302-003 06/01/2008 CHELAN (WEST OF THE 120TH MERIDIAN),CLALLAM, DOUGLAS(WEST OF THE 120TH MERIDIAN), GRAYS HARBOR, ISLAND,JEFFERSON, KING, - KITSAP, KITTITAS, MASON, OKANOGAN (WEST OF THE 120TH MERIDIAN), SAN JUNA,SKAGIT,SNOHOMISH,WHATCOM AND YAKIMA(WEST OF THE 120TH MERIDIAN)COUNTIES PROJECTS CATEGORY A PROJECTS(EXCLUDES CATEGORY B PROJECTS,AS SHOWN BELOW) Zone 1(0-25 radius miles)- Rates Fringes Power equipment operators Group 1A. $ 34 51 1395 Group 1AA ..$35 08 1395 Group 1AAA $35 64 1395 Group 1 . .. . . $ 33 96 1395 Group 2 ....... ... $33 47 1395 Group 3 ............ $33 05 1395 Group 4... . .$30 69 1395 Zone Differential (Add to Zone 1 rates) it Zone 2(26-45 radius miles)-$1.00 Zone 3 (Over 45 radius miles)-$1 30 BASEPOINTS Aberdeen, Bellingham, Bremerton, Everett, Kent, Mount Vernon, Port Angeles, Port Townsend,Seattle, Shelton, Wenatchee,Yakima POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1AAA-Cranes-over 300 tons,or 300 ft of boom (including jib with attachments) GROUP 1AA-Cranes 200 to 300 tons,or 250 ft of boom (including jib with attachments),Tower crane over 175 ft in height, base to boom GROUP 1A-Cranes, 100 tons thru 199 tons,or 150 ft of boom (including jib with attachments), Crane-overhead, bridge type, 100 tons and over,Tower crane up to 175 ft in height base to boom, Loaders-overhead,8 yards and over,Shovels, excavator, backhoes-6 yards and over with attachments GROUP 1-Cableway,Cranes 45 tons thru 99 tons, under 150 ft of boom (including jib with attachments),Crane-overhead, bridge type, 45 tons thru 99 tons, Derricks on building work, Excavator,shovel, backhoes over 3 yards and under 6 yards, Hard tail end dump articulating off-road equipment 45 yards and over, Loader-overhead 6 yards to, but not including 8 yards, Mucking machine, mole,tunnel, drill and/or shield,Quad 9, HD 41, D-10; Remote control operator on rubber tired earth moving equipment, Rollagon, Scrapers-self propelled 45 yards and over,Slipform pavers; Transporters,all truck or track type GROUP 2-Barrier machine(zipper), Batch Plant Operaor- Concrete, Bump Cutter,Cranes, 20 tons thru 44 tons with attachments,Crane-overhead, bridge type-20 tons through 44 tons,Chipper,Concrete Pump-truck mount with boom attachment,Crusher, Deck Engineer/Deck Winches (power), Drilling machine, Excavator,shovel, backhoe-3yards and under, Finishing Machine, Bidwell, Gamaco and similar equipment, Guardrail punch, Horizontal/directional drill operator, Loaders-overhead under 6 yards, Loaders-plant feed, Locomotives-all, Mechanics-all, Mixers-asphalt plant; Motor patrol graders-finishing, Piledriver(other than crane mount), Roto-rndl,roto-grinder,Screedman,spreader, topside operator-Blaw Knox,Cedar Rapids,Jaeger, Caterpillar, Barbar Green,Scraper-self propelled, hard tail end dump,articulating off-road equipment-under 45 yards,Subgrade trimmer,Tractors, backhoes-over 75 hp; Transfer material service machine-shuttle buggy, blaw knox-roadtec,Truck crane oiler/driver-100 tons and over; Truck Mount portable conveyor,Yo Yo Pay dozer GROUP 3-Conveyors,Cranes-thru 19 tons with attachments, A-frame crane over 10 tons, Drill oilers-auger type,truck or crane mount, Dozers-D-9 and under, Forklift-3000 Ibs and over with attachments, Horizontal/directional drill 12 locator,Outside hoists-(elevators and manli ts), air tuggers,strato tower bucket elevators, Hydralifts/boom trucks over 10 tons, Loader-elevating type, belt, Motor patrol grader-nonfimshing, Plant oiler-asphalt, crusher, Pumps-concrete, Roller, plant mix or multi-lift materials; Saws-concrete,Scrpers-concrete and carry-all,Service engineer-equipment,Trenching machines,Truck Crane Oiler/Driver under 100 tons,Tractors, backhoe 75 hp and under GROUP 4-Assistant Engineer; Bobcat, Brooms,Compressor, Concrete finish mahine-laser screed,Cranes-A frame-10 tons and under, Elevator and Manlift-permanent or shaft type, Gradechecker,Stakehop, Forklifts under 3000 Ins with attachments, Hydralifts/boom trucks, 10 tons and under,Oil distributors, blower distribution and mulch seeding operator;Pavement breaker, Posthole digger, mechanical, Power plant, Pumps,water, Rigger and Bellman, Roller-other than plant mix,Wheel Tractors,farmall type, Shotcrete/gunite equipment operator Category B Projects 95%of the basic hourly reate for each group plus full fringe benefits applicable to category A projects shall apply to the following projects A Reduced rates may be paid on the following 1 Projects involving work on structures such as buildings and bridges whose total value is less than$1 5 million excluding mechanical,electrical, and utility portions of the contract 2 Projects of less than$1 million where no building is involved Surfacing and paving included, but utilities excluded 3 Marine projects (docks,wharfs, etc.) less than$150,000 HANDLING OF HAZARDOUS WASTE MATERIALS- Personnel in all craft classifications subject to working inside a federally designated hazardous perimeter shall be elgible for compensation in accordance with the following group schedule relative to the level of hazardous waste as outlined in the specific hazardous waste project site safety plan H-1 Base wage rate when on a hazardous waste site when not outfitted with protective clothing H-2 Class"C"Suit-Base wage rate plus$ 25 per hour. H-3 Class"B"Suit-Base wage rate plus$ 50 per hour. H-4 Class"A"Suit-Base wage rate plus$ 75 per hour Zone Differential (Add to Zone 1 rates) 13 Zone 2(26-45 radius miles)-$ 70 Zone 3 (Over 45 radius miles)-$1 00 BASEPOINTS Aberdeen, Bellingham, Bremerton, Everett, Kent, Mount Vernon, Port Angeles, Port Townsend,Seattle,Shelton, Wenatchee, Yakima POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1AAA-Cranes-over 300 tons,or 300 ft of boom (including jib with attachments) GROUP 1AA-Cranes 200 to 300 tons,or 250 ft of boom (including Jib with attachments),Tower crane over 175 ft in height, base to boom GROUP 1A-Cranes, 100 tons thru 199 tons,or 150 ft of boom (including Jib with attachments), Crane-overhead, bridge type, 100 tons and over,Tower crane up to 175 ft in height base to boom, Loaders-overhead, 8 yards and over,Shovels, excavator, backhoes-6 yards and over with attachments GROUP 1-Cableway, Cranes 45 tons thru 99 tons, under 150 ft of boom (including Jib with attachments),Crane-overhead, bridge type,45 tons thru 99 tons, Derricks on building work, Excavator,shovel, backhoes over 3 yards and under 6 yards, Hard tail end dump articulating off-road equipment 45 yards and over, Loader-overhead 6 yards to, but not including 8 yards, Mucking machine, mole,tunnel, drill and/or shield, Quad 9, HD 41, D-10, Remote control operator on rubber tired earth moving equipment, Rollagon,Scrapers-self propelled 45 yards and over,Slipform pavers,Transporters,all truck or track type GROUP 2- Barrier machine(zipper), Batch Plant Operaor- Concrete, Bump Cutter, Cranes, 20 tons thru 44 tons with attachments, Crane-overhead, bridge type-20 tons through 44 tons, Chipper,Concrete Pump-truck mount with boom attachment,Crusher, Deck Engineer/Deck Winches(power); Drilling machine, Excavator, shovel, backhoe-3 yards and under, Finishing Machine, Bidwell,Gamaco and similar equipment,Guardrail punch, Horizontal/directional drill operator, Loaders-overhead under 6 yards, Loaders-plant feed; Locomotives-all, Mechanics-all, Mixers-asphalt plant, Motor patrol graders-finishing, Piledriver(other than crane mount), Roto-mill,roto-grinder,Screedman,spreader,topside operator-Blaw Knox,Cedar Rapids,Jaeger,Caterpillar, Barbar Green,Scraper-self propelled, hard tail end dump, articulating off-road equipment-under 45 yards,Subgrade trimmer,Tractors, backhoes-over 75 hp,Transfer material service machine-shuttle buggy, blaw knox-roadtec,Truck crane oiler/driver-100 tons and over,Truck Mount portable conveyor,Yo Yo Pay dozer GROUP 3-Conveyors, Cranes-thru 19 tons with attachments; A-frame crane over 10 tons, Drill oilers-auger type,truck or crane mount, Dozers-D-9 and under, Forklift-3000 Ibs and over with attachments, Horizontal/directional drill locator, 14 Outside hoists-(elevators and manlifts), air tuggers,strato tower bucket elevators, Hydralifts/boom trucks over 10 tons, Loader-elevating type, belt, Motor patrol grader-nonfinishing, Plant oiler-asphalt, crusher, Pumps-concrete, Roller, plant mix or multi-lift materials, Saws-concrete,Scrpers-concrete and carry-all,Service engineer-equipment,Trenching machines,Truck Crane Oiler/Driver under 100 tons,Tractors, backhoe 75 hp and under GROUP 4-Assistant Engineer, Bobcat, Brooms,Compressor; Concrete finish mahine-laser screed,Cranes-A frame-10 tons and under, Elevator and Manli t-permanent or shaft type, Gradechecker,Stakehop, Forklifts under 3000lbs with attachments, Hydralifts/boom trucks, 10 tons and under,Oil distributors, blower distribution and mulch seeding operator, Pavement breaker, Posthole digger, mechanical, Power plant, Pumps,water, Rigger and Bellman, Roller-other than plant mix, Wheel Tractors,farmall type,Shotcrete/gunite equipment operator CATEGORY B PROJECTS 95%OF THE BASIC HOURLY RATE FOR EACH GROUP PLUS FULL FRINGE BENEFITS APPLICABLE TO CATEGORY A PROJECTS SHALL APPLY TO THE FOLLOWING PROJECTS REDUCED RATES MAY BE PAID ON THE FOLLOWING 1 Projects involving work on structures such as buildings and bridges whose total value is less than $1 5 million excluding mechanical, electrical,and utility portions of the contract 2 Projects of less than $1 million where no building is involved Surfacing and paving including, but utilities excluded 3 Marine projects(docks,wharfs,ect )less than$150,000 HANDLING OF HAZARDOUS WASTE MATERIALS: Personnel in all craft classifications subject to working inside a federally designed hazardous perimeter shall be elgible for compensation in accordance with the following group schedule relative to the level of hazardous waste as outlined in the specific hazardous waste project site safety plan H-1 Base wage rate when on a hazardous waste site when not outfitted with protective clothing H-2 Class "C"Suit-Base wage rate plus$ 25 per hour. H-3 Class"B"Suit-Base wage rate plus$ 50 per hour. H-4 Class"A"Suit-Base wage rate plus$ 75 per hour. ------------------------------------------------------------- ENG10302-009 06/01/2007 CHELAN (WEST OF THE 120TH MERIDIAN),CLALLAM, DOUGLAS(WEST OF THE 120TH MERIDIAN), GRAYS HARBOR, ISLAND,JEFFERSON, KING, KITSAP, KITTITAS, MASON,OKANOGAN (WEST OF THE 120TH MERIDIAN), SAN 1UNA,SKAGIT,SNOHOMISH,WHATCOM AND YAKIMA(WEST OF THE 120TH MERIDIAN) COUNTIES ON PROJECTS DESCRIBED IN FOOTNOTE A BELOW,THE RATE FOR EACH GROUP SHALL BE 95%OF THE BASE RATE PLUS FULL FRINGE BENEFITS 15 ON ALL OTHER WORK,THE FOLLOWING RATES APPLY, WORK PERFORMED ON HYDRAULIC DREDDGES Zone 1(0-25 radius miles) Rates Fringes Power equipment operators* GROUP 1 TOTAL PROJECT COST $300,000 AND OVER $31 33 12.75 TOTAL PROJECT COST UNDER $300,000 $ 26 96 840 GROUP 2 TOTAL PROJECT COST $300,000 AND OVER $31 46 1275 TOTAL PROJECT COST UNDER $300,000 $ 27 06 8.40 GROUP 3 TOTAL PROJECT COST $300,000 AND OVER $31 84 12.75 TOTAL PROJECT COST UNDER $300,000 $ 27 38 840 GROUP 4 TOTAL PROJECT COST $300,000 AND OVER $ 31 89 1275 TOTAL PROJECT COST UNDER $300,000 $ 27 43 840 GROUP 5 TOATL PROJECT COST $300,000 AND OVER. .$ 33 46 1275 TOTAL PROJECT COST UNDER $300,000 $ 28 75 840 GROUP 6 TOTAL PROJECT COST $300,000 AND OVER .$31.33 1275 TOTAL PROJECT COST UNDER $300,000 . $ 26 96 840 Zone Differential(Add to Zone 1 rates). Zone 2 (26-45 radius miles)-$ 70 Zone 3(Over 45 radius miles)-$1 00 BASEPOINTS Aberdeen, Bellingham, Bremerton, Everett, Kent, Mount Vernon, Port Angeles, Port Townsend,Seattle, Shelton,Wenatchee,Yakima POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1 Assistant Mate(Deckhand GROUP 2 Oiler GROUP 3 Assistant Engineer(Electric, Diesel,Steam or Booster Pump), Mates and Boatmen GROUP 4 Craneman, Engineer Welder GROUPS Leverman, Hydraulic GROUP 6. Maintenance 16 Category B Projects 95%of the basic hourly reate for each group plus full fringe benefits applicable to category A projects shall apply to the following projects A Reduced rates may be paid on the following. 1 Projects involving work on structures such as buildings and bridges whose total value is less than $1 S million excluding mechanical, electrical, and utility portions of the contract 2 Projects of less than $1 million where no building is involved Surfacing and paving included, but utilities excluded 3 Marine projects(docks,wharfs, etc ) less than$1S0,000 Heavy Wage rates(Category A)Applies to clam shell dredge, hoe and dipper,shovels and shovel attachments, cranes and bulldozers HANDLING OF HAZARDOUS WASTE MATERIALS: Personnel in all craft classifications subject to working inside a federally designated hazardous perimeter shall be elgible for compensation in accordance with the following group schedule relative to the level of hazardous waste as outlined in the specific hazardous waste project site safety plan H-1 Base wage rate when on a hazardous waste site when not outfitted with protective clothing H-2 Class"C"Suit-Base wage rate plus$ 25 per hour. r H-3 Class"B"Suit-Base wage rate plus$ 50 per hour. H-4 Class"A"Suit-Base wage rate plus$ 75 per hour. Zone Differential (Add to Zone 1 rates)* Zone 2(26-45 radius miles)-$ 70 Zone 3 (Over 45 radius miles)-$1 00 BASEPOINTS Aberdeen, Bellingham, Bremerton, Everett, Kent, Mount Vernon, Port Angeles, Port Townsend,Seattle, Shelton, Wenatchee,Yakima POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1-ASSISTANT MATE(DECKHAND) GROUP 2-OILER GROUP 3-ASSISTANT ENGINEER(ELECTRIC, DIESEL, STEAM OR BOOSTER PUMP), MATES AND BOATMEN GROUP 4-CRANEMAN, ENGINEER WELDER GROUP 5-LEVERMAN, HYDRAULIC GROUP 6-MAINTENANCE CATEGORY B PROJECTS-95%OF THE BASIC HOURLY RATE FOR EACH GROUP PLUS FULL FRINGE BENEFITS APPLICABLE TO CATEGORY A 17 PROJECTS SHALL APPLY TO THE FOLLOWING PROJECTS REDUCED RATES MAY BE PAID ON THE FOLLOWING 1 Projects involving work on structures such as buildings and bridges whose total value is less than $1 5 million excluding mechanical, electrical, and utility portions of the contract 2. Projects of less than $1 million where no building is involved Surfacing and paving including, but utilities excluded 3 Marine projects (docks,wharfs, ect)less than$150,000 HEAVY WAGE RATES(CATEGORY A)APPLIES TO CLAM SHELL DREDGE, HOE AND DIPPER,SHOVELS AND SHOVEL ATTACHMENTS, CRANES AND BULLDOZERS HANDLING OF HAZARDOUS WASTE MATERIALS: Personnel in all craft classifications subject to working inside a federally designed hazardous perimeter shall be elgible for compensation in accordance with the following group schedule relative to the level of hazardous waste as outlined in the specific hazardous waste project site safety plan H-1 Base wage rate when on a hazardous waste site when not outfitted with pi otective clothing H-2 Class"C" Suit-Base wage rate plus$ 25 per hour H-3 Class "B"Suit-Base wage rate plus$50 per hour H-4 Class "A"Suit-Base wage rate plus$ 75 per hour -------------------------------------------------------------- ENG10370-002 06/01/2008 ADAMS,ASOTIN, BENTON, CHELAN (EAST OF THE 120TH MERIDIAN), COLUMBIA, DOUGLAS(EAST OF THE 120TH MERIDIAN), FERRY, FRANKLIN, GARFIELD,GRANT, LINCOLN,OKANOGAN (EAST OF THE 120TH MERIDIAN), PEND OREILLE, SPOKANE,STEVENS,WALLA WALLA,WHITMAN AND YAKIMA(EAST OF THE 120TH MERIDIAN)COUNTIES ZONE 1: Rates Fringes Power equipment operators GROUP 1A $ 23 21 980 GROUP 1 $ 23 76 980 GROUP 2 .$ 24 08 980 GROUP 3 $ 24 69 980 GROUP 4 $ 24 85 980 GROUPS $ 25 01 980 GROUP 6 $ 25 29 980 GROUP 7 $ 25 56 980 GROUP 8 .. ,. .$ 26 66 980 ZONE DIFFERENTIAL(Add to Zone 1 rate) Zone 2-$2 00 Zone 1 Within 45 mile radius of Spokane, Pasco, Washington, Lewiston, Idaho 18 Zone 2 Outside 45 mile radius of Spokane, Pasco, Washington, Lewiston, Idaho POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1A Boat Operator;Crush Feeder,Oiler,Steam Cleaner GROUP 1•Bit Grinders; Bolt Threading Machine, Compressors (under 2000 CFM,gas, diesel, or electric power), Deck Hand, Drillers Helper(Assist driller in making drill rod connections, service drill engine and air compressor, repair drill rig and drill tools, drive drill support truck to and on the job site, remove drill cuttings from around bore hole and inspect drill rig while in operation), Fireman & Heater Tender, Hydro-seeder, Mulcher, Nozzleman, Oder Driver, &Cable Tender, Mucking Machine, Pumpman, Rollers, all types on subgrade, including seal and chip coatings(farm type,Case,John Deere &similar, or Compacting Vibrator), except when pulled by Dozer with operable blade,Welding Machine,Crane Oiler-Driver(CLD required)&Cable Tender, Mucking Machine GROUP 2 A-frame Truck (single drum),Assistant Refrigeration Plant(under 1000 ton),Assistant Plant Operator, Fireman or Pugmixer(asphalt), Bagley or Stationary Scraper, Belt Finishing Machine, Blower Operator(cement), Cement Hog; Compressor(2000 CFM or over,2 or more,gas diesel or electric power),Concrete Saw(multiple cut), Distributor Leverman, Ditch Witch or similar, Elevator Hoisting Materials, Dope Pots(power agitated), Fork Lift or Lumber Stacker, hydra-lift&similar,Gin Trucks(pipeline), Hoist,single drum, Loaders (bucket elevators and conveyors), Longitudinal Float, Mixer (portable-concrete); Pavement Breaker, Hydra-Hammer&similar, Power Broom; Railroad Ballast Regulation Operator (self-propelled), Railroad Power Tamper Operator(self-propelled), Railroad Tamper Jack Operator(self-propelled,Spray Curing Machine (concrete), Spreader Box(self-propelled),Straddle Buggy (Ross&similar on construction job only),Tractor(Farm type R/T with attachment,except Backhoe),Tugger Operator GROUP 3 A-frame Truck(2 or more drums),Assistant Refrigeration Plant&Chiller Operator(over 1000 ton), Backfillers(Cleveland &similar), Batch Plant&Wet Mix Operator,single unit(concrete), Belt-Crete Conveyors with power pack or similar, Belt Loader(Kocal or similar), Bending Machine, Bob Cat(Skid Steer), Boring Machine (earth), Boring Machine(rock under 8 inch bit) (Quarry Master,Joy or similar), Bump Cutter(Wayne,Saginau or similar),Canal Lining Machine(concrete), Chipper(without crane), Cleaning& Doping Machine(pipeline), Deck Engineer, Elevating Belt-type Loader(Euclid, Barber Green &similar), Elevating Grader-type Loader(Dumor,Adams or similar),Generator Plant Engineers(diesel or electric), Gunmte Combination Mixer& Compressor, Locomotive Engineer, Mixermobde, Mucking Machine, Posthole Auger or 19 Punch, Pump(grout or jet),Soil Stabilizer(P&H or similar),Spreader Machine, Dozer/Tractor(up to D-6 or equivalent) and Fraxcavator,Traverse Finish Machine; Turnhead Operator GROUP 4 Concrete Pumps(squeeze-crete,flow-crete, pump- crete,Whitman &similar),Curb Extruder(asphalt or concrete), Drills(churn,core, calyx or diamond), Equipment Serviceman,Greaser&Oiler, Hoist(2 or more drums or Tower Hoist), Loaders(overhead &front-end, under 4 yds R/T),Refrigeration Plant Engineer(under 1000 ton), Rubber-tired Skidders(R/T with or without attachments), Surface Heater&Plant Machine,Trenching Machines(under 7 ft depth capacity),Turnhead (with re-screening),Vacuum Drill (reverse circulation drill under 8 inch bit) GROUP 5 Backhoe(under 45,000 gw), Backhoe& Hoe Ram(under 3/4 yd ),Carrydeck& Boom Truck(under 25 tons),Cranes (25 tons& under),all attachments including clamshell, dragline, Derricks&Stifflegs(under 65 tons), Drilling Equipment(g inch bit&over)(Robbins,reverse circulation &similar), Hoe Ram, Piledriving Engineers, Paving(dual drum), Railroad Track Liner Operaotr(self-propelled), Refrigeration Plant Engineer(1000 tons&over),Signalman (Whirleys, Highline Hammerheads or similar), Grade Checker GROUP 6 Asphalt Plant Operator,Automatic Subgrader(Ditches &Trimmers)(Autograde,ABC, R A Hansen&similar on grade wire), Backhoe(45,000 gw and over to 110,000 gw), Backhoes & Hoe Ram (3/4 yd to 3 yd ), Batch Plant(over 4 units), Batch &Wet Mix Operator(multiple units,2&incl 4), Blade Operator(motor patrol &attachments),Cable Controller(dispatcher),Compactor(self-propelled with blade),Concrete Pump Boom Truck,Concrete Slip Form Paver; Cranes(over 25 tons,to and including 45 tons),all attachments including clamshell, dragline,Crusher,Grizzle &Screening Plant Operator, Dozer,834 R/T&similar, Drill Doctor, Loader Operator (front-end &overhead,4 yds incl 8 yds ), Multiple Dozer Units with single blade, Paving Machine(asphalt and concrete),Quad-Track or similar equipment, Rollerman (finishing asphalt pavement), Roto Mill (pavement grinder),Scrapers,all, rubber-tired, Screed Operator, Shovel(under 3 yds ),Trenching Machines (7 ft depth &over),Tug Boat Operator Vactor guzzler, super sucker, Lime Batch Tank Operator(REcycle Tram), Lime Brain Operator(Recycle Train), Mobile Crusher Operator(Recycle Train) GROUP 7 Backhoe(over 110,000 gw), Backhoes&Hoe Ram (3 yds &over), Blade(finish & bluetop)Automatic,CMI,ABC, Finish Athey& Huber&similar when used as automatic; Cableway Operators,Concrete Cleaning/Decontamination machine operator,Cranes(over 45 tons to but not including 85 tons),all attachments including clamshell and dragme, Derricks&Stiffleys(65 tons &over), Elevating Belt (Holland type), Heavy equipment robotics operator, Loader (360 degrees revolving Koehring Scooper or similar); Loaders(overhead &front-end, over 8 yds to 10 yds ), 20 Rubber-tired Scrapers(multiple engine with three or more scrapers),Shovels(3 yds &over),Whirleys& Hammerheads, ALL, H D Mechanic, H D Welder, Hydraulic Platform Trailers (Goldhofer, Shaurerly andSimilar), Ultra High Pressure Wateriet Cutting Tool System Operator(30,000 psi),Vacuum Blasting Machine Operator GROUP 8:Cranes(85 tons and over,and all climbing, overhead,rail and tower), all attachments including clamshell, dragline, Loaders (overhead and front-end, 10 yards and over), Helicopter Pilot BOOM PAY (All Cranes, Including Tower) 180 ft to 250 ft $ 50 over scale Over 250 ft $ 80 over scale NOTE: In computing the length of the boom on Tower Cranes,they shall be measured from the base of the Tower to the point of the boom HAZMAT: Anyone working on HAZMAT jobs,working with supplied air shall receive$1 00 an hour above classification --------------------------------------------------------------- ENG10370-006 06/01/2008 ADAMS,ASOTIN, BENTON, CHELAN (EAST OF THE 120TH MERIDIAN), COLUMBIA, DOUGLAS(EAST OF THE 120TH MERIDIAN), FERRY, FRANKLIN, GARFIELD, GRANT, LINCOLN, OKANOGAN (EAST OF THE 120TH MERIDIAN), PEND OREILLE,SPOKANE,STEVENS,WALLA WALLA, WHITMAN AND YAKIMA(EAST OF THE 120TH MERIDIAN)COUNTIES WORK PERFORMED ON HYDRAULIC DREDGES Rates Fringes Hydraulic Dredge GROUP 1 . $31 85 1353 GROUP 2 $32 36 1353 GROUP 3 ................ . $32 41 1353 GROUP 4 . . ... . .$33 98 1353 GROUP 5 . .. . . . . $31 85 1353 GROUP 6 . .... . .$31 98 1353 GROUP 7 .. ..$32 36 1353 GROUP 1 Assistant Mate(Deckhand) GROUP 2, Assistant Engineer(Electric, Diesel,Steam,or Booster Pump) GROUP 3 Engineer Welder GROUP 4 Leverman, Hydraulic GROUPS Maintenance GROUP 6 Oiler GROUP 7 Mates&Boatman HEAVY WAGE RATES APPLIES TO CLAM SHELL DREDGE, HOE AND DIPPER,SHOVELS AND SHOVEL ATTACHMENTS,CRANES AND 21 BULLDOZERS. ------------------------------------------------------------ E N G 10612-00106/01/2007 LEWIS, PIERCE, PACIFIC(THAT PORTION WHICH LIES NORTH OF A PARALLEL LINE EXl ENDED WEST FROM THE NORTHERN BOUNDARY OF WAHKAIKUM COUNTY TO 1 HE SEA IN THE STATE OF WASHINGTON)AND THURSTON COUNTIES PROJECTS CATEGORY A PROJECTS(excludes Category B projects,as shown below) Rates Fringes Power equipment operators WORK PERFORMED ON HYDRAULIC DREDGES'Total Project cost$300,000 and over GROUP 1 $31 33 1275 GROUP 2 .. $31 46 1275 GROUP 3 . . . . .. $31 84 1275 GROUP 4 .. .... ... $31 89 1275 GROUPS .$ 33 46 1275 GROUP 6 . . .. $31 33 1275 WORK PERFORMED ON HYDRAULIC DREDGES Total Project Cost under$300,000 GROUP 1 $ 26 96 8.40 GROUP 2 . $ 27 06 840 GROUP 3 $27 38 840 GROUP 4 . . ..... . $27 43 840 GROUP 5 $28 75 840 GROUP 6. . ... $26 96 840 ZONE 2 (26-45 radius miles)-Add$ 70 to Zone 1 rates ZONE 3(Over 45 radius miles)-Add$1 00 to Zone 1 rates BASEPOINTS Tacoma, Olympia,and Centralia CATEGORY B PROJECTS-95%of the basic hourly rate for each group plus full fringe benefits applicable to Category A projects shall apply to the following projects Reduced rates may be paid on the following 1. Projects involving work on structures such as buildings and structures whose total value is less than$1 5 million excluding mechanical, electrical, and utility portions of the contract 2 Projects of less than$1 million where no building is involved Surfacing and paving included, but utilities excluded 3. Marine projects(docts,wharfs,etc )less than$150,000 WORK PERFORMED ON HYDRAULIC DREDGES 22 GROUP 1• Assistant Mate(Deckhand GROUP 2 Oiler GROUP 3 Assistant Engineer(Electric, Diesel, Steam or Booster Pump), Mates and Boatmen GROUP 4 Craneman, Engineer Welder GROUP 5 Leverman, Hydraulic GROUP 6• Maintenance HEAVY WAGE RATES APPLIES TO CLAM SHEEL DREDGE, HOE AND DIPPER,SHOVELS AND SHOVEL ATTACHMENTS,CRANES AND BULLDOZERS HANDLING OF HAZARDOUS WASTE MATERIALS H-1-When not outfitted with protective clothing of level D equipment- Base wage rate H-2-Class"C"Suit-Base wage rate+$ 25 per hour H-3 -Class"B"Suit-Base wage rate+$ 50 per hour H-4-Class"A" Suit-Base wage rate+$ 75 per hour ------------------------------------------------------------ ENG10612-002 06/01/2008 LEWIS, PIERCE, PACIFIC(portion lying north of a parallel line extending west from the northern boundary of Wahkaikum County to the sea)AND THURSTON COUNTIES ON PROJECTS DESCRIBED IN FOOTNOTE A BELOW,THE RATE FOR EACH GROUP SHALL BE 90%OF THE BASE RATE PLUS FULL FRINGE BENEFITS ON ALL OTHER WORK,THE FOLLOWING RATES APPLY Zone 1(0-25 radius miles) Rates Fringes Power equipment operators, GROUP 1A $34 51 1395 GROUP 1AA. ...............$35 08 1395 GROUP 1AAA ... . . . .$35 65 1395 GROUP 1 $33 96 1395 GROUP 2 . .. ......... .$33 47 1395 GROUP 3 .$33 05 1395 GROUP 4. .$30 69 1395 Zone Differential (Add to Zone 1 rates)* Zone 2(26-45 radius miles)_$.70 Zone 3 (Over 45 radius miles)-$1 00 BASEPOINTS CENTRALIA,OLYMPIA,TACOMA POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1 AAA-Cranes-over 300 tons or 300 ft of boom (including jib with attachments) GROUP 1AA-Cranes-200 tonsto 300 tons, or 250 ft of boom (including jib with attachments,Tower crane over 175 ft in height, has to boom 23 GROUP 1A-Cranes, 100 tons thru 199 tons, or 150 ft of boom (including jib with attachments), Crane-overhead, bridge type, 100 tons and over,Tower crane up to 175 ft in height base to boom, Loaders-overhead,8 yards and over,Shovels, excavator, backhoes-6 yards and over with attachments GROUP 1-Cableway,Cranes 45 tons thru 99 tons under 150 ft of boom (including jib with attachments),Crane-overhead, bridge type,45 tons thru 99 tons, Derricks on building work, Excavator,shovel, backhoes over 3 yards and under 6 yards, Hard tail end dump articulating off-road equipment 45 yards and over, Loader-overhead,6 yards to, but not including,8 yards, Mucking machine, mole,tunnel,drill and/or shield,Quad 9 HD 41, D-10, Remote control operator on rubber tired earth moving equipment, Rollagon,Scrapers- self-propelled 45 yards and over,Slipform pavers, Transporters, all track or truck type GROUP 2-Barrier machine(zipper); Batch Plant Operator- concrete, Bump Cutter,Cranes, 20 tons thru 44 tons with attachments,Crane-Overhead, bridge type, 20 tons through 44 tons, Chipper,Concrete pump-truck mount with boom attachment,Crusher, Deck engineer/deck winches(power), Drilling machine, Excavator,shovel, backhoe-3 yards and under, Finishing machine, Bidwell,Gamaco and similar equipment, Guardrail punch, Loaders,overhead under 6 yards, Loaders-plant feed, Locomotives-all, Mechanics-all; Mixers, asphalt plant, Motor patrol graders,finishing, Piledriver(other than crane mount), Roto-mill, roto- grinder,Screedman,spreader,topside operator-Blaw Knox, Cedar Rapids,Jaeger,Caterpillar, Barbar Green, Scraper-self-propelled, hard tail end dump,articulating off-road equipment-under 45 yards,Subgrader trimmer, Tractors, backhoe over 75 hp,Transfer material service machine-shuttle buggy, Blaw Knox- Roadtec,Truck Crane oiler/driver-100 tons and over,Truck Mount Portable Conveyor,Yo Yo pay GROUP 3-Conveyors,Cranes through 19 tons with attachments, Crane-A-frame over 10 tons, Drill oilers-auger type, truck or crane mount, Dozer-D-9 and under, Forklift-3000lbs and over with attachments, Horizontal/directional drill locator, Outside Hoists-(elevators and manlifts), air tuggers, strato tower bucket elevators, Hydralifts/boom trucks over 10 tans, Loaders-elevating type, belt, Motor patrol grader-nonfimshing, Plant oiler-asphalt,crusher, Pump-Concrete, Roller, plant mix or multi-Ifit materials, Saws-concrete,Scrapers, concrete and carry all,Service engineers-equipment,Trenching machines,Truck crane oiler/driver under 100 tons,Tractors, backhoe under 75 hp GROUP 4-Assistant Engineer; Bobcat, Brooms,Compressor; Concrete Finish Machine-laser screed, Cranes A-frame 10 tons and under, Elevator and manlift(permanent and shaft type), Forklifts-under 3000 Ibs with attachments, Gradechecker,stakehop, Hydralifts/boom trucks, 10 tons and under,Oil distributors, blower distribution and mulch 24 seeding operator, Pavement breaker, Posthole digger-mechanical, Power plant, Pumps-water;Rigger and Bellman, Roller-other than plant mix,Wheel Tractors, farmall type,Shotcrete/gunite equipment operator FOOTNOTE A-Reduced rates may be paid on the following 1 Projects involving work on structures such as buildings and bridges whose total value is less than$1 5 million excluding mechanical,electrical, and utility portions of the contract 2. Projects of less than$1 million where no building is involved Surfacing and paving included, but utilities excluded 3. Marine projects(docks,wharfs,etc.)less than$150,000. HANDLING OF HAZARDOUS WASTE MATERIALS. Personnel in all craft classifications subject to working inside a federally designated hazardous perimeter shall he eligible for compensation in accordance with the following group schedule relative to the level of hazardous waste as outlined in the specific hazardous waste project site safety plan H-1 Base wage rate when on a hazardous waste site when not outfitted with protective clothing H-2 Class"C" Suit-Base wage rate plus$ 25 per hour. H-3 Class"B"Suit- Base wage rate plus$ 50 per hour H-4 Class"A"Suit- Base wage rate plus$ 75 per hour ------------------------------------------------------- ENGI0701-002 01/O1/2009 CLARK,COWLITZ, KLICKKITAT, PACIFIC(SOUTH),SKAMANIA,AND WAHKIAKUM COUNTIES POWER RQUIPMENT OPERATORS ZONE 1 Rates Fringes Power equipment operators: (See Footnote A) GROUP 1 . ...... .$36 22 1090 GROUP 1A. . $38 03 1090 GROUP 1B. . $39 84 1090 GROUP 2 .... ..... $34 65 1090 GROUP 3 ... . . .$33 69 1090 GROUP 4. . . $32 78 1090 GROUPS......... . . $31 71 1090 GROUP 6 $ 28 82 1090 Zone Differential(add to Zone 1 rates): Zone 2-$2 50 Zone 3-$5 00 For the following metropolitan counties MULTNOMAH; CLACKAMAS, MARION,WASHINGTON,YAMHILL, AND COLUMBIA; 25 CLARK,AND COWLITZ COLIN fY,WASHINGTON WITH MODIFICATIONS AS INDICATED All lobs or projects located in Multnomah,Clackamas and Marion Counties,West of the western boundary of Mt. Hood National Forest and West of Mile Post 30 on Interstate 84 and West of Mile Post 30 on State Highway 26 and West of Mile Post 30 on Highway 22 and all jobs or projects located in Yammll County,Washington County and Columbia County and all jobs or portects located in Clark&Cowlitz County, Washington except that portion of Cowlitz County in the Mt. St Helens"Blast Zone"shall receive Zone I pay for all classifications All jobs or projects located in the area outside the identified boundary above, but less than 50 miles from the Portland City Hall shall receive Zone II pay for all classifications All jobs or projects located more than 50 miles from the Portland City Hall, but outside the identified border above,shall receive Zone III pay for all classifications For the following cities ALBANY, BEND,COOS BAY, EUGENE, GRANTS PASS, KLAMATH FALLS, MEDFORD, ROSEBURG All jobs or projects located within 30 miles of the respective city hall of the above mentioned cities shall receive Zone I pay for all classifications All jobs or projects located more than 30 miles and less than 50 miles from the respective city hall of the above mentioned cities shall receive Zone It pay for all classifications All jobs or projects located more than 50 miles from the respective city hall of the above mentioned cities shall receive Zone III pay for all classifications POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1•CONCRETE Batch Plant and/or Wet Mix Operator,three units or more,CRANE Helicopter Operator,when used in erecting work,Whirley Operator,90 ton and over, LATTICE BOOM CRANE Operator 200 tons through 299 tons, and/or over 200 feet boom, HYDRAULIC CRANE Hydraulic Crane Operator 90 tons through 199 tons with luffing or tower attachments, FLOATING EQUIPMENT Floating Crane, 150 ton but less than 250 ton GROUP lA HYDRAULIC CRANE Hydraulic Operator, 200 tons and over(with luffing or tower attachment), LATTICE BOOM CRANE Operator, 200 tons through 299 tons,with over 200 feet boom, FLOATING EQUIPMENT Floating Crane 250 ton and over GROUP 1B LATTICE BOOM CRANE Operator,300 tons through 399 tons with over 200 feet boom,Operator 400 tons and over, 26 r FLOATING EQUIPMENT Floating Crane 350 ton and over GROUP 2 ASPHALT,Asphalt Plant Operator(any type), Roto Mill, pavement profiler, operator, 6 foot lateral cut and over, BLADE Auto Grader or"Trimmer" (Grade Checker required), Blade Operator, Robotic, BULLDOZERS Bulldozer operator over 120,000 Ibs and above, Bulldozer operator, twin engine, Bulldozer Operator,tandem, quadnine, D10, D11, and similar type, Bulldozere Robotic Equipment(any type, CONCRETE Batch Plant and/or Wet Mix Operator,one and two drum,Automatic Concrete Slip Form Paver Operator,Concrete Canal Line Operator,Concrete Profiler, Diamond Head, CRANE Cableway Operator, 25 tons and over, HYDRAULIC CRANE Hydraulic crane operator 90 tons through 199 tons (without luffing or tower attachment),TOWER/WHIRLEY OPERATOR Tower Crane Operator,Whirley Operator, under 90 tons, LATTICE BOOM CRANE 90 through 199 tons and/or 150 to 200 feet boom,CRUSHER Crusher Plant Operator, FLOATING EQUIPMENT Floating Clamshell,etc operator, 3 cu yds and over, Floating Crane(derrick barge)Operator, 30 tons but less than 150 tons, LOADERS Loader operator, 120,000 Ibs and above, REMOTE CONTROL Remote controlled earth-moving equipment, RUBBER-TIRED SCRAPERS Rubber- tired scraper operator,with tandem scrapers, multi-engine, SHOVEL, DRAGLINE,CLAMSHELL,SKOOPER OPERATOR Shovel, Dragline, Clamshell,operator 5 cu yds and over,TRENCHING MACHINE Wheel Excavator, under 750 cu yds per hour (Grade Oiler required),Canal Trimmer(Grade Oder required),Wheel Excavator, over 750 cu yds per hour, Band Wagon (m conjunction with wheel excavator), UNDERWATER EQUIPMENT Underwater Equipment Operator, remote or otherwise, HYDRAULIC HOES-EXCAVATOR Excavator over 130,000 Ibs , HYDRAULIC CRANE Hydraulic crane operator, 50 tons through 89 tons(with luffing or tower attachment); GROUP 3, BULLDOZERS Bulldozer operator,over 70,000 Ibs up to and including 120,000 Ibs , HYDRAULIC CRANE Hydraulic crane operator, SO tons through 89 tons (without luffing or tower attachment), LATTICE BOOM CRANES Lattice Boom Crane-50 through 89 tons(and less than 150 feet boom), FORKLIFT Rock Hound Operator,HYDRAULIC FIDES-EXCAVATOR: excavator over 80,000 Ibs through 130,000 Ibs , LOADERS. Loader operator 60,000 and less than 120,000, RUBBER-TIRED SCRAPERS Scraper Operator,with tandem scrapers, Self-loading, paddle wheel, auger type,finish and/or 2 or more units,SHOVEL, DRAGLINE, CLAMSHELL,SKOOPER OPERATOR* Shovel, Dragline,Clamshell operators 3 cu yds but less than 5 cu yds GROUP 4• ASPHALT Screed Operator,Asphalt Paver operator (screeman required), BLADE Blade operator, Blade operator, finish, Blade operator, externally controlled by electronic, mechanical hydraulic means, Blade operator, multi-engine, BULLDOZERS Bulldozer Operator over 20,000 Ibs and more than 100 horse up to 70,000 Ibs, Drill Cat Operator, Side-boom Operator,Cable-Plow Operator(any type),CLEARING Log Skidders, Chippers, Incinerator,Stump Splitter(loader mounted or similar type),Stump Grinder 27 (loader mounted or similar type,Tub Grinder, Land Clearing Machine(Track mounted forestry mowing&grinding machine), Hydro Axe (loader mounted or similar type),COMPACTORS SELF-PROPELLED Compactor Operator, with blade,Compactor Operator, multi-engine, Compactor Operator, robotic, CONCRETE Mixer Mobile Operator,Screed Operator,Concrete Cooling Machine Operator,Concrete Paving Road Mixer, Concrete Breaker, Reinforced Tank Banding Machine(K-17 or similar types), Laser Screed, CRANE Chicago boom and similar types, Lift Slab Machine Operator, Boom type lifting device,5 ton capacity or less, Hoist Operator, two (2)drum, Hoist Operator,three(3)or more drums, Derrick Operator, under 100 ton, Hoist Operator, stiff leg,guy derrick or similar type, 50 ton and over,Cableway Operator up to twenty(25)ton, Bridge Crane Operator, Locomotive, Gantry, Overhead,Cherry Picker or similar type crane, Carry Deck Operator, Hydraulic Crane Operator, under 50 tons, LATTICE BOOM CRANE OPERATOR Lattice Boom Crane Operator, under 50 tons,CRUSHER Generator Operator, Diesel-Electric Engineer,Grizzley Operator, Drill Doctor, Boring Machine Operator, Driller-Percussion, Diamond,Core, Cable, Rotary and similar type, Cat Drill (John Henry); Directional Drill Operator over 20,000lbs pullback, FLOATING EQUIPMENT Diesel-electric Engineer,Jack Operator, elevating barges, Barge Operator,self- unloading, Piiedrrver Operator(not crane type)(Deckhand required), Floating Clamshelll, etc Operator, under 3 cu yds (Fireman or Diesel-Electric Engineer required), Floating Crane(derrick barge) Operator, less than 30 tons; GENERATORS Generator Operator, Diesel-electric Engineer, GUARDRAIL EQUIPMENT Guardrail Punch Operator(all types), Guardrail Auger Operator(all types), Combination Guardrail machines, i e, punch auger, etc, HEATING PLANT Surface Heater and Planer Operator, HYDRAULIC HOES EXCAVATOR Robotic Hydraulic backhoe operator,track and wheel type up to and including 20,0000 Ibs with any or all attachments, Excavator Operator over 20,000 Ibs through 80,000 Ibs , LOADERS Belt Loaders, Kolman and Ko Cal types, Loaders Operator,front end and overhead,25,000 Ibs and less than 60,000 Ibs, Elevating Grader Operator by Tractor operator, Sierra, Euclid or similar types, PILEDRIVERS Hammer Operator, Piledriver Operator(not crane type), PIPELINE, SEWER WATER Pipe Cleaning Machine Operator, Pipe Doping Machine Operator, Pipe Bending Machine Operator, Pipe Wrapping Machine Operator, Boring Machine Operator, Back Filling Machine Operator, REMOTE CONTROL Concrete Cleaning Decontamination Machine Operator, Ultra High Pressure Water Jet Cutting Tool System Operator/Mechanic,Vacuum Blasting Machine Operator/mechanic, REPAIRMEN, HEAVY DUTY Diesel Electric Engineer(Plant or Floating, Bolt Threading Machine operator, Drill Doctor(Bit Grinder), H D Mechanic, Machine Tool Operator, RUBBER-TIRED SCRAPERS Rubber-tired Scraper Operator,single engine,single scraper,Self-loading, paddle wheel,auger type under 15 cu yds , Rubber-tired Scraper Operator,twin engine, Rubber-tired Scraper Operator,with push-ull attachments, Self Loading, paddle wheel,auger type 15 cu yds and over,single engine,Water pulls,water wagons,SHOVEL, 28 DRAGLINE, CLAMSHELL,SKOOPER OPERATOR Diesel Electric Engineer,Stationay Drag Scraper Operator,Shovel, Dragline, Clamshell, Operator under 3 cy yds,Grade-all Operator, SURFACE(BASE) MATERIAL Blade mounted spreaders, Ulrich and similar types,TRACTOR-RUBBERED TIRED Tractor operator, rubber-tired, over 50 hp flywheel,Tractor operator,with boom attachment, Rubber-tired dozers and pushers (Michigan, Cat, Hough type),Skip Loader, Drag Box, TRENCHING MACHINE Trenching Machine operator,digging capacity over 3 ft depth; Back filling machine operator, TUNNEL Mucking machine operator GROUP 5 ASPHALT, Extrusion Machine Operator;Roller Operator(any asphalt mix),Asphalt Burner and Reconditioner Operator(any type), Roto-Mill, pavement profiler,ground man, BULLDOZERS Bulldozer operator, 20,000 Ibs or less or 100 horse or less, COMPRESSORS. Compressor Operator(any power), over 1,250 cu ft total capacity,COMPACTORS Compactor Operator, including vibratory,Wagner Factor Operator or similar type(without blade),CONCRETE Combination mixer and Compressor Operator,gunite work,Concrete Batch Plant Quality Control Operator, Beltcrete Operator, Pumperete Operator(any type), Pavement Grinder and/or Grooving Machine Operator (riding type), Cement Pump Operator, Fuller-Kenyon and similar,Concrete Pump Operator,Grouting Machine Operator; Concrete mixer operator,single drum, under(5) bag capacity,Cast in place pipe laying machine, maginnis Internal Full slab vibrator operator,Concrete finishing mahine operator, Clary,Johnson, Bidwell, Burgess Bridge deck or similar type,Curb Machine Operator, mechanical Berm, Curb and/or Curb and Gutter,Concrete Joint Machine Operator, Concrete Planer Operator,Tower Mobile Operator, Power Jumbo Operator setting slip forms in tunnels,Slip Form Pumps, power driven hydraulic lifting device for concrete forms,Concrete Paving Machine Operator, Concrete Finishing Machine Operator, Concrete Spreader Operator; CRANE Helicopter Hoist Operator, Hoist Operator,single drum, Elevator Operator,A-frame Truck Operator, Double drum, Boom Truck Operator, HYDRAULIC CRANE OPERATOR: Hydraulic Boom Truck, Pittman, DRILLING Churm Drill and Earth Boring Machine Operator,Vacuum Truck, Directional Drill Operator over 20,000 Ibs pullback, FLOATING EQUIPMENT Fireman, FORKLIFT Fork Lift, over 10 ton and/or robotic, HYDRAULIC HOES EXCAVATORS Hydraulic Backhoe Operator,wheel type (Ford,John Deere, Case type), Hydraulic Backhoe Operator track type up to and including 20,000 Ibs , LOADERS Loaders, rubber-tired type, less than 25,000 Ibs, Elevating Grader Operator,Tractor Towed requiring Operator or Grader, Elevating loader operator, Athey and similar types, OILERS Service oiler(Greaser), PIPELINE-SEWER WATER Hydra hammer or simialr types; Pavement Breaker Operator, PUMPS Pump Operator, more than 5 (any size), Pot Rammer Operator, RAILROAD EQUIPMENT Locomotive Operator, under 40 tons, Ballast Regulator Operator, Ballast Tamper Multi-Purpose Operator,Track Liner Operator,Tie Spacer Operator,Shuttle Car Operator, Locomotive Operator, 40 tons and over, MATERIAL HAULRS.Cat 29 wagon DJBs Volvo similar types,Conveyored material hauler; SURFACING(BASE) MATERIAL Rock Spreaders,self-propelled; Pulva-mixer or similar types,Chup Spreading machine operator, Lime spreading operator, construction Job Biter, SWEEPERS Sweeper operator(Wayne type)self-propelled construction Job site,TRACTOR-RUBBER TIRED Tractor operator, rubber-tired, 50 hp flywheel and under,Trenching machine operator, maximum digging capacity 3 ft depth, TUNNEL Dinkey GROUP 6 ASPHALT Plant Oiler;Plant Fireman, Pugmill Operator(any type),Truck mounted asphalt spreader,with screed,COMPRESSORS Compressor Operator(any power), under 1,250 cu ft total capacity,CONCRETE Plant Oiler, Assistant Conveyor Operator,Conveyor Operator, Mixer Box Operator(C T B, dry batch,etc),Cement Hog Operator, Concrete Saw Operator,Concrete Curing Machine Operator (riding type),Wire Mat or Brooming Machine Operator, CRANE Oiler, Fireman, all equipment,Truck Crane Oiler Driver,A-frame Truck Operator,single drum,Tugger or Coffin Type Hoist Operator, CRUSHER Crusher Oiler,Crusher Feederman,CRUSHER Crusher oiler, Crusher feederman, DRILLING Drill Tender,Auger Oiler, FLOATING EQUIPMENT Deckhand, Boatman, FORKLIFT Self-propelled Scaffolding Operator,construction Job site(exclduing working platform), Fork Lift or Lumber Stacker Operator, construction Job site, Ross Carrier Operator, construction job site, Lull Hi-Lift Operator or Similar Type,GUARDRAIL EQUIPMENT Oiler,Auger Oiler,Oiler, combination guardrail machines, Guardrail Punch Oiler, HEATING PLANT Temporary Heating Plant Operator, LOADERS Bobcat,skid steer(less than 1 cu yd ), Bucket Elevator Loader Operator, BarberGreene and similar types,OILERS Oiler,Guardrail Punch Oiler,Truck Crane Oiler-Driver,Auger Oiler,Grade Oiler,required to check grade,Grade Checker,Rigger, PIPELINE-SEWER WATER Tar Pot Fireman,Tar Pot Fireman (power agitated), PUMPS Pump Operator(any power), Hydrostatic Pump Operator,RAILROAD EQUIPMENT Brakeman; Oiler,Switchman, Motorman, Ballast Jack Tamper Operator, SHOVEL, DRAGLINE, CLAMSHELL,SKOOPER, ETC OPERATOR Oder, Grade Oder(required to check grade),Grade Checker, Fireman,SWEEPER Broom operator, self propelled, construction lob site,SURFACING (BASE) MATERIAL Roller Operator, grading of base rock(not asphalt),Tamping Machine operartor, mechanical,self-propelled, Hydrographic Seeder Machine Operator,TRENCHING MACHINE Oiler, Grade Oiler,TUNNEL Conveyor operator,Air filtration equipment operator --------------------------------------------------------------- * ENG10701-003 01/01/2009 CLARK,COWLITZ, KUCKITAT, PACIFIC(SOUTH),SKAMANIA,AND WAHKIAKUM COUNTIES DREDGING Rates Fringes 30 Dredging- ZONE A ASSISTANT ENGINEER. ...$37 30 1080 ASSISTANT MATE $ 32 96 1080 LEVERMAN, DIPPER, FLOATING CLAMSHELL . . $39 88 1090 LEVERMAN, HYDRAULIC..... .$39 88 1080 TENDERMAN .. $36 12 1080 ZONE B ASSISTANT ENGINEER... . ..$39 80 1080 ASSISTANT MATE . . ... $ 35 46 1080 LEVERMAN, DIPPER, FLOATING CLAMSHELL $42 38 1080 LEVERMAN, HYDRAULIC .. .$42 38 10.80 TENDERMAN. .$38.62 1080 ZONE C ASSISTANT ENGINEER $41 30 1080 ASSISTANT MATE . . $36 96 1080 LEVERMAN, DIPPER, FLOATING CLAMSHELL $43 88 1080 LEVERMAN, HYDRAULIC .. . $43 88 1080 TENDERMAN $40 12 1080 ZONE DESCRIPTION FOR DREDGING ZONE A-All jobs or projects located within 30 road miles of Portland City Hall ZONE B-Over 30-60 road miles from Portland City Hall ZONE C-Over 60 road miles from Portland City Hall *All jobs or projects shall be computed from the city hall by the shortest route to the geographical center of the project -------------------------------------------------------------- IRON0014-005 07/01/2008 ADAMS,ASOTIN, BENTON,COLUMBIA, DOUGLAS, FERRY, FRANKLIN, GARFIELD, GRANT, LINCOLN,OKANOGAN, PEND ORIELLE,SPOKANE, STEVENS,WALLA WALLA AND WHITMAN COUNTIES Rates Fringes IRONWORKER... $29 52 17.87 --------------------------------I-----—---------------------- I RON0029-002 07/01/2008 CLARK,COWLITZ, KLICKITAT, PACIFIC,SKAMANIA,AND WAHKAIKUM COUNTIES Rates Fringes IRONWORKER.. . .$ 31 65 1787 ------------------------------------------------------- IRON0086-002 07/01/2008 31 YAKIMA, KITTITAS AND CHELAN COUNTIES Rates Fringes IRONWORKER .$30 00 17.87 ----------------------------------------------------------- IRON0086-004 07/01/2008 CLALLAM,GRAYS HARBOR, ISLAND,JEFFERSON, KING, KITSAP, LEWIS, MASON, PIERCE,SKAGIT,SNOHOMISH,THURSTON,AND WHATCOM COUNTIES Rates Fringes IRONWORKER.. $34 40 17.87 ---------------------------------------------------------------- LAB00001-002 06/01/2008 ZONE Rates Fringes Laborers- CALLAM,GRAYS HARBOR, ISLAND,JEFFERSON, KING, KITSAP, LEWIS, MASON, PACIFIC(NORTH OF STRAIGHT LINE MADE BY EXTENDING THE NORTH BOUNDARY WAHKIAKUM COUNTY WEST TO THE PACIFIC OCEAN), PIERCE,SAN JUAN, SKAGIT,SNOHOMISH, THURSTON AND WHATCOM COUNTIES GROUP 1 $21 19 846 GROUP 2 $24 01 846 GROUP 3 $ 29.66 8.46 GROUP 4 $30 37 8.46 GROUP 5 $30 85 8.46 CHELAN, DOUGLAS (WEST OF THE 120TH MERIDIAN), KITTITAS AND YAKIMA COUNTIES GROUP $ 1745 846 GROUP 2 . ... $ 1997 846 GROUP 3 . . $21 85 846 GROUP 4 $22 37 846 GROUPS $22 76 846 ZONE DIFFERENTIAL(ADD TO ZONE 1 RATES): ZONE2-$ 70 ZONES-$100 BASE POINtS CHELAN,SUNNYSIDE,WENATCHEE,AND YAKIMA ZONE 1-Projects within 25 radius miles of the respective city hall ZONE 2-More than 25 but less than 45 radius miles from the 32 respective city hall ZONE 3-More than 45 radius miles from the respective city hall BASE POINTS'BELLINGHAM, MT VERNON, EVERETT,SEATTLE, KENT, TACOMA,OLYMPIA,CENTRALIA,ABERDEEN,SHELTON, PT TOWNSEND, PT ANGELES,AND BREMERTON ZONE 1- Projects within 25 radius miles of the respective city hall ZONE 2-More than 25 but less than 45 radius miles from the respective city hall ZONE 3-More than 45 radius miles from the respective city hall LABORERS CLASSIFICATIONS GROUP 1 Landscaping and Planting,Watchman;Window Washer/Cleaner(detail clean-up,such as but not limited to cleaning floors, ceilings,walls, windows,etc, prior to final acceptance by the owner) GROUP 2 Batch Weighman,Crusher Feeder, Fence Laborer, Flagman, Pilot Car GROUP 3 General Laborer,Air, Gas, or Electric Vibrating Screed,Asbestos Abatement Laborer, Ballast Regulator Machine, Brush Cutter, Brush Hog Feeder, Burner,Carpenter Tender, Cement Finisher Tender,Change House or Dry Shack; Chipping Gun (under 30 Ibs ),Choker Setter, Chuck Tender, Clean-up Laborer,Concrete Form Stripper, Curing Laborer; Demolition (wrecking and moving including charred material), Ditch Digger, Dump Person, Fine Graders, Firewatch, Form Setter, Gabian Basket Builders,Grout Machine Tender,Grinders, Guardrail Erector, Hazardous Waste Worker(Level C), Maintenance Person, Material Yard Person, Pot Tender, Rip Rap Person, Riggers,Scale Person, Sloper Sprayer,Signal Person,Stock Piler,Stake Hopper, Toolroom Man (at job site),Topper-Tailer,Track Laborer, Truck Spotter,Vinyl Seamer GROUP 4. Cement Dumper-Paving,Chipping Gun (over 30 Ibs ), Clary Power Spreader,Concrete Dumper/Chute Operator, Concrete Saw Operator, Drill Operator(hydraulic,diamond, aiartrac), Faller and Bucker Chain Saw,Grade Checker and Transit Person,Groutmen (pressure) including post tension beams, Hazardous Waste Worker(Level B), High Scaler, Jackhammer, Laserbeam Operator, Manhole Builder-Mudman; Nozzleman (concrete pump,green cutter when using combination of high pressure air and water on concrete and rock, sandblast,gunite,shotcrete,water blaster,vacuum blaster), Pavement Breaker, Pipe Layer and Caulker, Pipe Pot Tender, Pipe Reliner(not insert type), Pipe Wrapper, Power Jacks, Railroad Spike Puller-Power, Raker-Asphalt; Rivet Buster, Rodder,Sloper(over 20 it),Spreader (concrete),Tamper and Similar electric,air and glas operated tool,Timber Person-sewer(lagger shorer and cribber),Track Liner Power,Tugger Operator,Vibrator, 33 Well Point Laborer GROUP 5 Caisson Worker, Miner, Mortarman and Hodcarrier; Powderman, Re-Timberman, Hazardous Waste Worker(Level A) ---------------------------------------------------------------- LABO0238-004 06/01/2008 ADAMS,ASOTIN, BENTON, COLUMBIA, DOUGLAS(EAST OF THE 120TH MERIDIAN), FERRY, FRANKLIN, GARFIELD, GRANT, LINCOLN, OKANOGAN, PEND OREILLE,STEVENS,SPOKANE,WALLA WALLA AND WHITMAN COUNTIES Rates Fringes Laborers ZONE GROUP 1 . . .. ..... .....$2056 770 GROUP 2 $ 22 66 770 GROUP 3 $22 93 770 GROUP 4. . $ 23 20 7.70 GROUPS $23 48 770 GROUP 6 $24 85 7.70 Zone Differential (Add to Zone 1 rate) $2 00 BASE POINTS- Spokane, Pasco, Lewiston Zone 1 0-45 radius miles from the main post office Zone 2 45 radius miles and over from the main post office LABORERS CLASSIFICATIONS GROUP 1 Flagman, Landscape Laborer,Scaleman,Traffic Control Maintenance Laborer(to include erection and maintenance of barricades,signs and relief of flagperson); Window Washer/Cleaner(detail cleanup,such as, but not limited to cleaning floors, ceilings,walls,windows, etc. prior to final acceptance by the owner) GROUP 2 Asbestos Abatement Worker;Brush Hog Feeder; Carpenter Tender,Cement Handler,Clean-up Laborer, Concrete Crewman (to include stripping of forms, hand operating jacks on slip form construction, application of concrete curing compounds, pumperete machine, signaling, handling the nozzle of squeezcrete or similar machine,6 inches and smaller), Confined Space Attendant, Concrete Signalman, Crusher Feeder, Demolition (to include clean-up, burning, loading,wrecking and salvage of all material), Dumpman, Fence Erector, Rrewatch, Form Cleaning Machine Feeder,Stacker, General Laborer, Grout Machine Header Tender,Guard Rail (to include guard rails,guide and reference posts,sign posts, and right-of-way markers), Hazardous Waste Worker, Level D(no respirator is used and skin protection is minimal), Miner,Class"A" (to include all bull gang,concrete crewman,dumpman and pumperete crewman, including distributing pipe, assembly&dismantle, and nipper), Nipper, Riprap Man,Sandblast Tailhoseman, 34 Scaffold Erector(wood or steel),Stake Jumper,Structural Mover(to include separating foundation, preparation, cribbing, shoring,Jacking and unloading of structures), Tailhoseman (water nozzle),Timber Bucker and Faller(by hand),Track Laborer(RR),Truck Loader,Well-Point Man, All Other Work Classifications Not Specially Listed Shall Be Classified As General Laborer GROUP 3• Aspahlt Raker,Asphalt Roller,walking,Cement Finisher Tender, Concrete Saw,walking, Demolition Torch; Dope Pot Firemen, non-mechanical, Driller Tender (when required to move and position machine), Form Setter, Paving,Grade Checker using level, Hazardous Waste Worker, Level C(uses a chemical "splash suit" and air purifying respirator),Jackhammer Operator, Miner, Class"B" (to include brakeman,finisher,vibrator,form setter), Nozzleman (to include squeeze and flo-crete nozzle), Nozzleman,water, air or steam, Pavement Breaker (under 90 Ibs ), Pipelayer, corrugated metal culvert, Pipelayer, multi-plate, Pot Tender, Power Buggy Operator, Power Tool Operator,gas, electric, pneumatic, Railroad Equipment, power driven, except dual mobile power Spiker or puller, Railroad Power Spiker or Puller, dual mobile, Rodder and Spreader,Tamper(to include operation of Barco, Essex and similar tampers),Trencher, Shawnee, Tugger Operator,Wagon Drills,Water Pipe Liner,Wheelbarrow(power driven) GROUP 4: Air and Hydraulic Track Drill, Brush Machine(to include horizontal construction Joint cleanup brush machine, power propelled),Caisson Worker,free air,Chain Saw Operator and Faller;Concrete Stack(to include laborers when laborers working on free standing concrete stacks for smoke or fume control above 40 feet high), Gunite(to include operation of machine and nozzle), Hazardous Waste Worker, Level B(uses same respirator protection as Level A A supplied air line is provided in conjunction with a chemical "splash suit'), High Scaler, Laser Beam Operator(to include grade checker and elevation control), Miner, Class C(to include miner, nozzleman for concrete, laser beam operator and rigger on tunnels), Monitor Operator(air track or similar mounting), Mortar Mixer, Nozzleman (to include jet blasting nozzleman,over 1,200 Ibs ,jet blast machine power propelled,sandblast nozzle), Pavement Breaker(90 Ibs and over), Pipelayer(to include working topman, caulker, collarman,jointer, mortarman, rigger,jacker,shorer,valve or meter installer), Pipewrapper, Plasterer Tender,Vibrators(all) GROUP 5-Drills with Dual Masts,Hazardous Waste Worker, Level A(utilizes a fully encapsulated suit with a self-contained breathing apparatus or a supplied air line), Miner Class"D", (to include raise and shaft miner, laser beam operator on nases and shafts) GROUP 6-Powderman --------------------------------------------------- LAB00238-006 06/01/2008 35 COUNTIES EAST OF THE 120TH MERIDIAN. ADAMS,ASOTIN, BENTON, CHELAN, COLUMBIA, DOUGLAS, FERRY, FRANKLIN,GARFIELD,GRANT, LINCOLN, OKANOGAN, PEND OREILLE,STEVENS, SPOKANE,WALLA WALLA, WHITMAN Rates Fringes Hod Carrier.................. $24 10 7.70 ---------------------------------------------------------------- LABO0335-001 06/01/2008 CLARK, COWLITZ, KLICKITAT, PACIFIC(SOUTH OF A STRAIGHT LINE MADE BY EXTENDING THE NORTH BOUNDARY LINE OF WAHKIAKUM COUNTY WEST TO THE PACIFIC OCEAN),SKAMANIA AND WAHKIAKUM COUNTIES Rates Fringes Laborers: ZONE 1. GROUP 1.... .. ... ... $ 27 46 840 GROUP 2 . . . $ 28 06 8.40 GROUP 3 $ 28 50 8.40 GROUP 4.. $ 28 88 840 GROUPS $ 24 96 840 GROUP 6 ....... $ 22 54 8.40 GROUP 7 . $ 19 34 840 Zone Differential (Add to Zone 1 rates)* Zone 2$ 0 65 Zone 3-1 15 Zone 4- 170 Zone 5-2 75 BASE POINTS- GOLDENDALE, LONGVIEW,AND VANCOUVER ZONE 1 Projects within 30 miles of the respective city all. ZONE 2 More than 30 miles but less than 40 miles from the respective city hall ZONE 3 More than 40 miles but less than 50 miles from the respective city hall ZONE 4 More than 50 miles but less than 80 miles from the respective city hall ZONES More than 80 miles from the respective city hall. LABORERS CLASSIFICATIONS GROUP 1 Asphalt Plant Laborers,Asphalt Spreaders, Batch Weighman, Broomers, Brush Burners and Cutters,Car and Truck Loaders,Carpenter Tender,Change-House Man or Dry Shack Man, Choker Setter,Clean-up Laborers,Curing, Concrete, Demolition,Wrecking and Moving Laborers, Dumpers, road oiling crew, Dumpmen (for grading crew); Elevator Feeders,Guard Rail, Median Rail Reference Post, Guide Post, Right of Way Marker, Fine Graders; Fire Watch, Form Strippers(not swinging stages),General Laborers, 36 Hazardous Waste Worker, Leverman or Aggregate Spreader (Flaherty and similar types), Loading Spotters, Material Yard Man (including electrical), Pittsburgh Chipper Operator or Similar Types, Railroad Track Laborers, Ribbon Setters(including steel forms), Rip Rap Man (hand placed), Road Pump Tender,Sewer Labor,Signalman, Skipman;Slopers; Spraymen,Stake Chaser,Stockpiler,Tie Back Shoring, Timber Faller and Bucker(hand labor),Toolroom Man (at job site),Tunnel Bullgang(above ground),Weight-Man-Crusher (aggregate when used) GROUP 2 Applicator(including pot power tender for same), applying protective material by hand or nozzle on utility lines or storage tanks on project, Brush Cutters(power saw), Burners, Choker Splicer,Clary Power Spreader and similar types,Clean-up Nozzleman-Green Cutter(concrete, rock,etc), Concrete Power Buggyman,Concrete Laborer, Crusher Feeder, Demolition and Wrecking Charred Materials; Gunite Nozzleman Tender, Gunite or Sand Blasting Pot Tender, Handlers or Mixers of all Materials of an irritating nature(including cement and lime),Tool Operators (includes but not limited to Dry Pack Machine; Jackhammer,Chipping Guns, Paving Breakers), Pipe Doping and Wrapping, Post Hole Digger, air,gas or electric, Vibrating Screed,Tampers,Sand Blasting(Wet), Stake-Setter,Tunnel-Muckers, Brakemen,Concrete Crew, Bullgang(underground) GROUP 3 Asbestos Removal, Bit Grinder;Drill Doctor, Drill Operators, air tracks, cat drills,wagon drills, rubber-mounted drills, and other similar types including at crusher plants, Gunite Nozzleman, High Scalers, Strippers and Drillers (covers work in swinging stages, chairs or belts, under extreme conditions unusual to normal drilling, blasting, barring-down, or sloping and stripping), Manhole Builder, Powdermen,Concrete Saw Operator, Pwdermen, Power Saw Operators(Bucking and Falling), Pumperete Nozzlemen, Sand Blasting(Dry),Sewer Timberman,Track Liners,Anchor Machines, Ballast Regulators, Multiple Tampers, Power Jacks,Tugger Operator,Tunnel-Chuck Tenders, Nippers and Timbermen,Vibrator,Water Blaster GROUP 4 Asphalt Raker;Concrete Saw Operator(walls); Concrete Nozzelman, Grade Checker, Pipelayer; Laser Beam (pipelaying)-applicable when employee assigned to move,set up,align, Laser Beam,Tunnel Miners, Motorman-Dinky Locomotive-Tunnel, Powderman-Tunnel,Shield Operator-Tunnel GROUP 5: Traffic Flaggers GROUP 6: Fence Builders GROUP 7 Landscaping or Planting Laborers ------------------------------------------------------------- LAB00335-010 06/01/2008 Rates Fringes 37 Hod Carrier $29 58 840 -------------------------------------------------------------- PAIN0005-002 06/01/2008 STATEWIDE EXCEPT CLARK, COWLITZ, KLICKITAT, PACIFIC(SOUTH), SKAMANIA,AND WAHKIAKUM COUNTIES Rates Fringes Painters STRIPERS ... $26 50 1140 --------------------------------------------------------------- PAIN0005-004 07/O1/2007 CLALLAM,GRAYS HARBOR, ISLAND,JEFFERSON, KING, KITSAP, LEWIS, MASON, PIERCE, SAN JUAN,SKAGIT,SNOHOMISH,THURSTON AND WHATCOM COUNTIES Rates Fringes PAINTER $ 19 91 685 -------------------------------------------------------------- * PAIN0005-006 07/01/2008 ADAMS,ASOTIN, BENTON AND FRANKLIN (EXCEPT HANFORD SITE); CHELAN, COLUMBIA, DOUGLAS, FERRY, GARFIELD,GRANT, KITTITAS, LINCOLN,OKANOGAN, PEND OREILLE,SPOKANE,STEVENS,WALLA WALLA, WHITMAN AND YAKIMA COUNTIES Rates Fringes Painters Application of Cold Tar Products, Epoxies, Polyure thanes,Acids, Radiation Resistant Material,Water and Sandblasting, Bridges, Towers,Tanks,Stacks, Steeples $20 84 7.88 Over 30'/Swing Stage Work $2154 788 Brush, Roller, Striping, Steam-cleaning and Spray. $ 15 09 668 Lead Abatement,Asbestos Abatement $ 20 84 788 TV Radio, Electrical Transmission Towers $21 59 7.88 Over 30'/Swing Stage Work $22 29 798 *$ 70 shall be paid over and above the basic wage rates listed for work on swing stages and high work of over 30 feet. -------------------------------------------------------------- PAIN0055-00210/01/2008 CLARK, COWLITZ, KLICKITAT, PACIFIC,SKAMANIA,AND WAHKIAKUM 38 COUNTIES Rates Fringes Painters Brush & Roller $ 19 69 714 High work-All work 60 ft or higher..... . $20 44 7.14 Spray and Sandblasting $ 20 29 714 -------------------------------------------------------------- PAIN0055-007 06/01/2007 CLARK,COWLITZ, KLICKITAT,SKAMANIA and WAHKIAKUM COUNTIES Rates Fringes Painters HIGHWAY&PARKING LOT —STRIPER.—_--... .. . .$-28 27 8.27 - - - -------------------- PLAS0072-004 06/01/2007 ADAMS,ASOTIN, BENTON,CHELAN,COLUMBIA, DOUGLAS, FERRY, FRANKLIN, GARFIELD, GRANT, KITTITAS, LINCOLN, OKANOGAN, PEND OREILLE, SPOKANE,STEVENS,WALLA WALLA,WHITMAN,AND YAKIMA COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER ZONE 1 $24 68 798 Zone Differential (Add to Zone 1 rate) Zone 2-$2 00 BASE POINTS Spokane, Pasco, Moses Lake, Lewiston Zone 1 0-45 radius miles from the main post office Zone 2 Over 45 radius miles from the main post office --------------------------------------------------------------- P LAS0528-001 06/01/2008 CLALLAM,COWLITZ,GRAYS HARBOR, ISLAND,JEFFERSON, KING, KITSAP, LEWIS, MASON, PACIFIC, PIERCE, SAN JUAN,SKAGIT, SNOHOMISH,THURSTON,WAHKIAKUM AND WHATCOM COUNTIES Rates Fringes Cement Masons. CEMENT MASON $34 68 1213 COMPOSITION,COLOR MASTIC, TROWEL MACHINE,GRINDER, POWER TOOLS, GUNNITE NOZZLE $35.18 12 13 TROWLING MACHINE OPERATOR ON COLORED SLABS, COMPOSITION OR KALMAN FLOORS $ 36 18 12.13 39 ------------------------------------------------------------- PLAS0555-002 06/01/2008 CLARK, KLICKITAT AND SKAMANIA COUNTIES ZONE 1- Rates Fringes Cement Masons CEMENT MASONS DOING BOTH COMPOSITION/POWER MACHINERY AND SUSPENDED/HANGING SCAFFOLD $27 87 1483 CEMENT MASONS ON SUSPENDED,SWINGING AND/OR HANGING SCAFFOLD $27 34 14.83 CEMENT MASONS $26 80 1483 COMPOSITION WORKERS AND POWER MACHINERY OPERATORS $ 27 34 1483 Zone Differential (Add To Zone 1 Rates)- Zone 2- $0 65 Zone 3- 1.15 Zone 4- 170 Zone 5- 3 00 BASE POINTS BEND,CORVALLIS, EUGENE, MEDFORD, PORTLAND, SALEM,THE DALLES,VANCOUVER ZONE 1 Projects within 30 miles of the respective city hall ZONE 2 More than 30 miles but less than 40 miles from the respective city hall ZONE 3 More than 40 miles but less than 50 miles from the respective city hall ZONE 4 More than 50 miles but less than 80 miles from the respective city hall ZONE 5 More than 80 miles from the respective city hall --------------------------------------------------------------- * PLUM0032-002 01/01/2009 CLALLAM, KING AND JEFFERSON COUNTIES Rates Fringes Plumbers and Pipefitters .. $43 68 1806 -------------------------------------------------------------- * PLUM0032-00301/01/2009 CHELAN, KITTITAS(NORTHERN TIP), DOUGLAS(NORTH),AND OKANOGAN (NORTH)COUNTIES Rates Fringes Plumbers and Pipefitters $3146 1461 ---------------------------------------------------------- PLUM0044-003 06/01/2007 40 ADAMS(NORTHERN PART),ASOTIN(CLARKSTON ONLY), FERRY(EASTERN PART), LINCOLN, PEND ORIELLE, STEVENS,SPOKANE,AND WHITMAN COUNTIES Rates Fringes Plumbers and Pipefitters ADAMS(NORTHERN PART), ASOTIN (CLARKSTON ONLY), FERRY(EASTERN PART), LINCOLN, PEND ORIELLE AND STEVENS AND SPOKANE COUNTIES . $30 14 1281 WHITMAN COUNTY. . $36 24 1281 ---------------------------------------------------------- P LU M0082-00106/01/2007 CLARK(NORTHERN TIP INCLUDING WOODLAND),COWLITZ, GRAYS HARBOR, LEWIS, MASON (EXCLUDING NE SECTION), PACIFIC, PIERCE SKAMANIA, THURSTON AND WAHKIAKUM COUNIIES Rates Fringes Plumbers and Pipefitters. . $35 55 1532 -------------------------------------------------------- PLUM0265-003 06/01/2007 ISLAND,SKAGIT,SNOHOMISH,SAN JUAN AND WHATCOM COUNTIES Rates Fringes Plumbers and Pipefitters. $35 55 1532 ----------------------------------------------------------- P LU M0290-003 10/01/2001 CLARK(ALL EXCLUDING NORTHERN TIP INCLUDING CITY OF WOODLAND) Rates Fringes Plumbers and Pipefitters.. . . $35 69 1699 ------------------------------------------------------------ PLUM0598-005 06/01/2008 ADAMS(SOUTHERN PART),ASOTIN (EXCLUDING THE CITY OF CLARKSTON), BENTON, COLUMBIA, DOUGLAS(EASTERN HALF), FERRY (WESTERN PART), FRANKLIN, GARFIELD, GRANT, KITTITAS(ALL BUT NORTHERN TIP), KLICKITAT, LINCOLN (WESTERN PART), OKANOGAN (EASTERN), WALLA WALLA AND YAKIMA COUNTIES Rates Fringes PLUMBER .. .. $38 64 1910 -- ----------------------------------------- P L U M 0631-001 06/01/2007 41 MASON (NE SECTION),AND KITSAP COUNTIES Rates Fringes Plumbers and Pipefitters All new construction, additions, and remodeling of commercial building projects such as cocktail lounges and taverns, professional buildings, medical clinics, retail stores, hotels and motels, restaurants and fast food types, gasoline service stations, and car washes where the plumbing and mechanical cost of the project is less than $100,000 $27 39 11 18 All other work where the plumbing and mechanical cost of the project is $100,000 and over ..$34 90 1532 -------------------------------------------------------------- TEAM0037-002 06/01/2008 CLARK,COWLITZ, KLICKITAT, PACIFIC(South of a straight line made by extending the north boundary line of Wahkiakum County west to the Pacific Ocean),SKAMANIA,AND WAHKIAKUM COUNTIES Rates Fringes Truck drivers ZONE 1 GROUP 1 . . . . ... $26 40 1191 GROUP 2 . . .. . $26 52 1191 GROUP 3 $26 65 1191 GROUP 4 $26 91 1191 GROUP 5 $ 27 13 1191 GROUP 6 .$27 29 1191 GROUP 7 $ 27 49 11.91 Zone Differential (Add to Zone 1 Rates) Zone 2-$0 65 Zone 3- 115 Zone 4- 170 Zone 5- 2 75 BASE POINTS ASTORIA,THE DALLES, LONGVIEW AND VANCOUVER ZONE 1 Projects within 30 miles of the respective city hall ZONE 2 More than 30 miles but less than 40 miles from the respective city hall 42 ZONE 3- More than 40 miles but less than 50 miles from the respective city hall ZONE 4 More than 50 miles but less than 80 miles from the respective city hall ZONES More than 80 miles from the respective city hall TRUCK DRIVERS CLASSIFICATIONS GROUP 1. A Frame or Hydra lifrt truck w/load bearing surface,Articulated Dump Truck, Battery Rebuilders, Bus or Manhaul Driver,Concrete Buggies(power operated),Concrete Pump Truck, Dump Trucks,side, end and bottom dumps, including Semi Trucks and Trains or combinations there of up to and including 10 cu yds , Lift Jitneys, Fork Lifts (all sizes in loading, unloading and transporting material on job site), Loader and/or Leverman on Concrete Dry Batch Plant(manually operated), Pilot Car, Pickup Truck,Solo Flat Bed and misc Body Trucks,0-10 tons,Truck Tender; Truck Mechanic Tender,Water Wagons(rated capacity) up to 3,000 gallons,Transit Mix and Wet or Dry Mix-5 cu yds. and under, Lubrication Man, Fuel Truck Driver,Tireman, Wash Rack,Steam Cleaner or combinations,Team Driver, Slurry Truck Driver or Leverman,Tireman GROUP 2. Boom Truck/Hydra-lift or Retracting Crane, Challenger, Dumpsters or similar equipment all sizes, Dump Trucks/Articulated Dumps 6 cu to 10 cu , Flaherty Spreader Driver or Leverman, Lowbed Equipment, Flat Bed Semi-trader or doubles transporting equipment or wet or dry materials; Lumber Carrier, Driver-Straddle Carrier(used in loading, unloading and transporting of materials on Job site),Oil Distributor Driver or Leverman,Transit mix and wet or dry mix trcuks over 5 cu yds and including 7 cu yds, Vacuum Trucks, Water truck/Wagons(rated capacity)over 3,000 to 5,000 gallons GROUP 3 Ammonia Nitrate Distributor Driver,Dump trucks, side, end and bottom dumps, including Semi Trucks and Trains or combinations thereof over 10 cu yds and including 30 cu yds includes Articulated Dump Trucks, Self-Propelled Street Sweeper,Transit mix and wet or dry mix truck over 7 cu yds and including 11 cu yds ,Truck Mechanic-Welder-Body Repairman, Utility and Clean-up Truck; Water Wagons(rated capacity) over 5,000 to 10,000 gallons GROUP 4•Asphalt Burner; Dump Trucks,side, end and bottom cumps, including Semi-Trucks and Trains or combinations thereof over 30 cu yds and including 50 cu yds includes Articulated Dump Trucks, Fire Guard,Transit Mix and Wet or Dry Mix Trucks, over 11 cu yds and including 15 cu yds,Water Wagon (rated capacity) over 10,000 gallons to 15,000 gallons GROUP 5• Composite Crewman, Dump Trucks,side, end and bottom dumps, including Semi Trucks and Trains or 43 combinations thereof over 50 cu yds and including 60 cu. yds includes Articulated Dump Trucks GROUP 6 Bulk Cement Spreader w/o Auger, Dry Pre-Batch concrete Mix Trucks, Dump trucks,side,end and bottom dumps, including Semi Trucks and Trains of combinations thereof over 60 cu yds and including 80 cu yds , and includes Articulated Dump Trucks,Skid Truck GROUP 7, Dump Trucks, side,end and bottom dumps, including Semi Trucks and Trains or combinations thereof over 80 cu yds and including 100 cu yds,includes Articulated Dump Trucks, Industrial Lit Truck(mechanical tailgate) --------------------------------------------------------------- *TEAM0174-001 06/01/2008 CLALLAM,GRAYS HARBOR, ISLAND,JEFFERSON, KING, KITSAP, LEWIS, MASON, PACIFIC(North of a straight line made by extending the north boundary line of Wahkiakum County west to the Pacific Ocean), PIERCE,SAN JUAN, SKAGIT,SNOHOMISH,THURSTON AND WHATCOM COUNTIES Rates Fringes Truck drivers ZONEA' GROUP 1 .... ....... ..$3137 1288 GROUP 2 $30 57 1288 GROUP 3 $27 90 1288 GROUP 4 $23 17 1288 GROUPS $30 95 1288 i ZONE B(25-45 miles from center of listed cities*) Add$70 per hour to Zone A rates ZONE C(over 45 miles from centr of listed cities*)-Add $1 00 per hour to Zone A rates *Zone pay will be calculated from the city center of the following listed cities BELLINGHAM CENTRALIA RAYMOND OLYMPIA EVERETT SHELTON ANACORTES BELLEVUE SEATTLE PORT ANGELES MT VERNON KENT TACOMA PORTTOWNSEND ABERDEEN BREMERTON TRUCK DRIVERS CLASSIFICATIONS GROUP 1-"A-frame or Hydrali t"trucks and Boom trucks or similar equipment when "A"frame or "Hydralift"and Boom truck or similar equipment is used, Buggymobile, Bulk Cement Tanker, Dumpsters and similar equipment, Tournorockers,Tournowagon,Tournotrader,Cat DW series, Terra Cobra, Le Tourneau,Westinghouse,Athye Wagon, Euclid Two and Four-Wheeled power tractor with trader and similar top-loaded equipment transporting material Dump Trucks, side,end and bottom dump, including semi-trucks and trains or combinations thereof with 16 yards to 30 yards capacity 44 Over 30 yards$ 15 per hour additional for each 10 yard increment, Explosive Truck(field mix)and similar equipment, Hyster Operators (handling bulk loose aggregates), Lowbed and Heavy Duty Trailer, Road Oil Distributor Driver;Spreader, Flaherty Transit mix used exclusively in heavy construction,Water Wagon and Tank Truck-3,000 gallons and over capacity GROUP 2-Bulllifts, or similar equipment used in loading or unloading trucks,transporting materials on job site, Dumpsters, and similar equipment,Tournorockers, Tournowagon,Turnotrailer,Cat D W Series,Terra Cobra, Le Tourneau,Westinghouse,Athye wagon, Euclid two and four-wheeled power tractor with trader and similar top-loaded equipment transporting material Dump trucks, side,end and bottom dump,including semi-trucks and trains or combinations thereof with less than 16 yards capacity, Flatbed (Dual Rear Axle),Grease Truck, Fuel Truck, Greaser, Battery Service Man and/or Tire Service Man, Leverman and loader at bunkers and batch plants,Oil tank transport,Scissor truck,Slurry Truck,Sno-Go and similar equipment,Swampers,Straddler Carrier(Ross, Hyster)and similar equipment,Team Driver,Tractor(small, rubber-ti red)(when used within Teamster jurisdiction), Vacuum truck,Water Wagon and Tank trucks-less than 3,000 gallons capacity,Winch Truck,Wrecker,Tow truck and similar equipment GROUP 3-Flatbed (single rear axle), Pickup Sweeper;Pickup Truck (Adjust Group 3 upward by$2 00 per hour for onsite work only) GROUP 4-Escort or Pilot Car GROUP 5-Mechanic HAZMAT PROJECTS Anyone working on a HAZMAT Job,where HAZMAT certification is required, shall be compensated as a premium, in addition to the classification working in as follows LEVEL C +$ 25 per hour-This level uses an air purifying respirator or additional protective clothing LEVEL B +$ 50 per hour-Uses same respirator protection as Level A Supplied air line is provided in conjunction with a chemical "splash suit " LEVEL A +$ 75 per hour-This level utilizes a fully- encapsulated suit with a self-contained breathing apparatus or a supplied air line ----------------------------------------------------------- TEAM0760-002 06/01/2008 ADAMS,ASOTIN, BENTON, CHELAN, COLUMBIA, DOUGLAS, FERRY, FRANKLIN, GARFIELD, GRANT KITTITAS, LINCOLN, OKANOGAN, PEND OREILLE,SPOKANE,STEVENS,WALLA WALLA, WHITMAN AND YAKIMA COUNTIES 45 Rates Fringes Truck drivers (ANYONE WORKING ON HAZMAT JOBS SEE FOOTNOTE A BELOW) ZONE GROUP 1 . ... . . .$20 02 1105 GROUP 2 . . ... .. ... $ 22 29 1105 GROUP 3. ........ $22 79 1105 GROUP 4 $23 12 1105 GROUPS $ 23 23 1105 GROUP 6 $ 23 40 1105 GROUP 7 ..$23 93 11.05 GROUP 8 $24 26 11.05 Zone Differential (Add to Zone 1 rate Zone 2-$2 00) BASE POINTS Spokane, Moses Lake, Pasco, Lewiston Zone 1 0-45 radius miles from the main post office Zone 2 Outside 45 radius miles from the main post office TRUCK DRIVERS CLASSIFICATIONS GROUP 1 Escort Driver or Pilot Car,Employee Haul, Power Boat Hauling Employees or Material GROUP 2• Fish Truck; Flat Bed Truck, Fork Lift(3000 lbs.and under), Leverperson (loading trucks at bunkers),Trader Mounted Hydro Seeder and Mulcher,Seeder& Mulcher, Stationary Fuel Operator,Tractor(small, rubber-tired, pulling trailer or similar equipment) GROUP 3 Auto Crane(2000 lbs.capacity),Buggy Mobile& Similar, Bulk Cement Tanks&Spreader, Dumptor(6 yds & under), Flat Bed Truck with Hydraullic System, Fork Lift (3001-16,000 16s ), Fuel Truck Driver,Steamcleaner& Washer, Power Operated Sweeper, Rubber-tired Tunnel Jumbo; Scissors Truck, Slurry Truck Driver, Straddle Carrier (Ross, Hyster, &similar),Tireperson,Transit Mixers& Truck Hauling Concrete(3 yd to& including 6 yds ), Trucks,side, end, bottom &articulated end dump(3 yards to and including 6 yds ),Warehouseperson (to include shipping&receiving),Wrecker&Tow Truck GROUP 4 A-Frame, Burner, Cutter, &Welder,Service Greaser; Trucks,side, end, bottom&articulated end dump(over 6 yards to and including 12 yds ),Truck Mounted Hydro Seeder,Warehouseperson,Water Tank truck (0-8,000 gallons) GROUP 5 Dumptor(over 6 yds ), Lowboy(50 tons&under), Self-loading Roll Off, Semi-Truck&Trailer,Tractor with Steer Trailer,Transit Mixers and Trucks Hauling Concrete (over 6 yds to and including 10 yds ),Trucks,side,end, bottom and end dump(over 12 yds to&including 20 yds ); Truck-Mounted Crane(with load bearing surface either mounted or pulled, up to 14 ton),Vacuum Truck(super sucker,guzzler,etc) 46 GROUP 6 Flaherty Spreader Box Driver; Flowboys, Fork Lift (over 16,000 Ibs ), Dumps (Semi-end), Mechanic(Field), Semi-end Dumps,Transfer Truck&Trader,Transit Mixers& Trucks Hauling Concrete (over 10 yds to &including 20 yds ),Trucks,side, end, bottom and articulated end dump (over 20 yds to& including 40 yds ),Truck and Pup, Tournarocker, DWs&similar with 2 or more 4 wheel-power tractor with trailer,gallonage or yardage scale,whichever is greater Water Tank Truck(8,001- 14,000 gallons), Lowboy(over 50 tons) GROUP 7. Oil Distributor Driver,Stringer Truck(cable oeprated trailer),Transit Mixers&Trucks Hauling Concrete (over 20 yds ),Truck,side,end, bottom end dump (over 40 yds to&including 100 yds ),Truck Mounted Crane(with load bearing surface either mounted or pulled (16 through 25 tons), GROUP 8 Prime Movers and Stinger Truck,Trucks,side, end, bottom and articulated end dump(over 100 yds ), Helicopter Pilot Hauling Employees or Materials Footnote A-Anyone working on a HAZMATiob,where HAZMAT certification is required, shall be compensated as a premium, in additon to the classification working in as follows LEVEL C-D -$ 50 PER HOUR(This is the lowest level of protection This level may use an air purifying respirator or additional protective clothing. LEVEL A-B•-$1 00 PER HOUR (Uses supplied air is conjunction with a chemical spash suit or fully encapsulated suit with a self-contained breathing apparatus Employees shall be paid Hazmat pay in increments of four(4) and eight(8) hours NOTE* Trucks Pulling Equipment Traders.shall receive$ 15/hour over applicable truck rate -------------------------------------------------------------- WELDERS-Receive rate prescribed for craft performing operation to which welding is incidental Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR S.5 (a) (1) (11)) In the listing above,the"SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates Other designations 47 indicate unions whose rates have been determined to be prevailing ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1 ) Has there been an initial decision in the matter?This can be * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance(additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys,should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program If the response from this initial contact is not satisfactory,then the process described in 2) and 3 )should be followed With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations Write to Branch of Construction Wage Determinations Wage and Hour Division US Department of Labor 200 Constitution Avenue, N W Washington, DC 20210 2 ) If the answer to the question in 1 )is yes,then an interested party(those affected by the action)can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 18 and 29 CFR Part 7) Write to. Wage and Hour Administrator U S Department of Labor 200 Constitution Avenue, N.W Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information(wage payment data, project description,area practice material, etc )that the requestor considers relevant to the issue 3 )If the decision of the Administrator is not favorable,an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) Write to: Administrative Review Board U S Department of Labor 200 Constitution Avenue, N W Washington, DC 20210 48 4 i All decisions by the Administrative Review Board are final. END OF GENERAL DECISION From: Wilson Dinah mailto:DRWllson@cAent.wa.us� Sent: Tuesday, May 05, 2009 3:10 PM To: Hairston, Eugene Subject: Wage Determination Hi Eugene, Could you please provide a wage determination decision for the Parks Department: Kiwanis #1 Playground Improvement Project. This is one of our City parks, where some of the work will be done by private contractors. Jobs will include: Fence laborer Raker-asphalt (closest description to pour in place rubber surfacing of the playground and pouring acrylic surfacing on the basketball court ) Faller & Bucker Chain Saw (pruning trees with chain saw) Thank you. Dinah R Wilson,CDBG Coordinator City of Kent Parks Dept/Housing&Human Services 220 4th Ave South Kent, WA 98032 253 856 5076 T/253 856 6070 F http//drwilson a m kent wa us 49 EXHIBIT L COMMUNITY FACILITY COVENANT AGREEMENT When recorded return to: City of Kent Human Services Division ATTN: Dinah Wilson 220 Fourth Avenue South Kent, WA 98032 Grantor: The City of Kent Grantee: The City of Kent Abbreviated Legal Description: lots 7, 8, 9, Jeffries' First Addition to Kent, an unrecorded plat. Full Legal Description: Page 2 Assessor's Tax Parcel No.: 3686900035 Recording Nos. of Documents Assigned, Released or Referenced: N/A Project Name: Kiwanis #1 Playground Improvement Project Document Date: May , 2009 This Community Facility Covenant Agreement ("Covenant") is made by the City of Kent, a Washington municipal corporation, ("Grantor"), as the Community Development Block Grant ("CDBG") recipient for the Kiwanis #1 Playground Improvement Project, and is part of the consideration for the financial assistance Community Facility Covenant Agreement Page 1 of 4 Re: Kiwanis #1 Playground Improvement Project provided by the City of Kent as CDBG Administrator to Grantor pursuant to CDBG Agreement Between the City of Kent as CDBG Administrator and, the City of Kent as CDBG Recipient for the Kiwanis #1 Playground Improvement Project, Protect Number BG0918 ("Agreement"), for the real property ("Property") and improvements thereon located at First and Crow Street, legally described as follows: Beginning at a point which is 50 feet north of the southeast corner of Tract 39 of Waterman's Acre Tracts to the Town of Kent; running thence west 195.32 feet; thence north 141.29 feet; thence east 197.09 feet; thence south 141.79 feet to the point of beginning (Being also know as Lots 7, 8 and 9 of Jeffries' First Addition to Kent, an unrecorded plat). This Covenant shall constitute a restriction upon the use of the Property subject to and in accordance with the terms of this Covenant for ten (10) years from January 1, 2009 ("Covenant Term"). The covenants contained herein are to be taken and construed as covenants running with the land and shall pass to and be binding upon the Grantor, its successors and assigns, heirs, grantees, or lessees of the Property. Each and every contract, deed, mortgage or other instrument covering or conveying the Property, or any portion thereof, shall be conclusively held to have been executed, delivered and accepted subject to such covenants, regardless of whether such covenants are set forth in such contract, deed, mortgage or other instruments. NOW THEREFORE, it is hereby covenanted for the Covenant Term: 1. The Grantor agrees to use the Property to provide services specified in the Agreement. 2. The Grantor shall charge facility tenants and/or users who provide Eligible Activities rents and/or fees that are limited to the actual operating costs associated with the tenant's and/or facility user's occupancy. 3. In the event the Property is used at times for other than Eligible Activities, including but not limited to private meetings, private parties, or for activities requiring payment of fees that may be excessive for low- and moderate- income persons, the Grantor shall comply with the following requirements: a. Such uses may not be scheduled so as to displace or conflict with eligible activities; b. Such uses must be given lower priority than eligible uses when scheduling use of the facility; Community Facility Covenant Agreement Page 2 of 4 Re: Kiwanis #1 Playground Improvement Project C. Such uses may not comprise more than 30 percent of the facility's regular operating hours during any single quarter of the calendar year; and d. The Grantor must charge fair market rents or fees. 4. The Grantor shall maintain records documenting how rents and fees were calculated for all tenants and users of the facility. 5. The Grantor shall keep any records and make any reports relating to compliance with this Covenant that the Grantee may reasonably require. If a violation of any of the foregoing Covenant occurs, the Grantee may, after thirty days notice to the Grantor, institute and prosecute any proceeding at law or in equity to abate, default the Agreement, prevent, or enjoin any such violation or to compel specific performance by the Grantor of its obligations hereunder. No delay in enforcing the provisions hereof as to any breach or violation, shall impair, damage or waive the right of the Grantee to enforce the provisions hereof or to obtain relief against or recover for the continuation or repetition of such breach or violations or any similar breach or violation hereof at any later time. The Grantee, in any action to enforce the terms of this Covenant, including any claim or other proceeding in bankruptcy, shall be entitled to recover its reasonable attorney's fees and costs incurred in such action. [Remainder of page intentionally left blank; execution pages follow] Community Facility Covenant Agreement Page 3 of 4 Re: Kiwanis #1 Playground Improvement Project IN WITNESS HEREOF, the undersigned has executed this Community Facility Covenant Agreement as of the date written below. CITY OF KENT By: Suzette Cooke Mayor Date: STATE OF WASHINGTON ) SS. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires Community Facility Covenant Agreement Page 4 of 4 Re: Kiwanis #1 Playground Improvement Project REQUEST FOR MAYOR'S SIGNATURE ENT Please Fill in All Applicable Boxes K Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) C/13 Originator: Dinah Wilson, Parks/Human Phone (Originator): 5076 ( J Svs. Date Sent: 5/13/09 Date Required: ASAP Return Signed Document to: Dinah CONTRACT TERMINATION DATE: 12/31/09 VENDOR NAME: City of Kent As CDBG DATE OF COUNCIL APPROVAL: 5/5/09 Recipient Parks Department: Kiwanis #1 Brief Explanation of Document: This is a CDBG Agreement between the City of Kent As CDBG P 9 Administrator and the City of Kent As CDBG Recipient. Funds are used to improve the Kiwanls # 1 Playground by installing new play equipment, new safety surface, new basketball backboards, etc. W, sip As of PW VW C�� f Yzc,ot f 6r ` t'Mmtq lk tg� fo alb " cog U �s All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: - v� Law Dept. Comments: MAC' Date Forwarded to Mayor: Shaded Areas To Be Completed By Ad inistration Staff Received: U �S Recommendations and Comments: Disposition: /Z--1/© / 14 -.rtir Date Returned: Kent City Council Meeting Date May 5, 2009 Category Consent Calendar - 6H 1. SUBJECT: 200 MUNITY DEVELOPMENT BLOCK GRANT ACTION PLAN AMENDMENT - APPROVE 2. SUMMARY STATEMENT: Approve th ,G One-Year Action Plan Amendment to re-allocate $60,000.00 to the Kiwanis Tot Lot #1 Project. tOriginally, funds through the 2009 CDBG One Year Action Plan were allocated to Kent Youth and Family Services for the Watson Manor Roof Replacement Project. Recently, the City was awarded CDBG Stimulus funds and determined that it would be prudent to dedicate the stimulus funds to Kent Youth and Family Services-Watson Manor, as it is a project that is underway and will be completed expeditiously. The $60,000 in funds that was originally allocated to KYFS in 2009 will be reallocated to the Parks Project, Kiwanis Tot Lot #1, an ideal project to receive the re-allocated funds. tA Public Notice regarding the Amendment was published on April 7, 2009. In addition, the Amendment is posted in public buildings and available for public comment for 30 days. Council action is required to approve the amendment reallocating the funding. 3. EXHIBITS: Amendment t4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) t5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: r rKent City Council Meeting Date May 5, 2009 Category Consent Calendar - 6G 1. SUBJECT: (' 2008_COMMUNITY DEVELOPMENT BLOCK GRANT ACTION PLAN rAMENDMENT - APPROVE 2. SUMMARY STATEMENT: Approve th 200$&BG One-Year Action Plan Amendment to re-allocate $211,080 to the KYFS Watson Manor Roof Replacement Project, and $70,145.00 to the Kiwanis Tot Lot #1-Project. ' The City originally allocated funding to a Housing Rehabilitation Project (the project was subsequently identified as Kent Youth and Family Services-Watson Manor Roof Replacement Project) through the City of Kent's 2008 Community r Development Block Grant (CDBG) One Year Action Plan. KYFS was unable to secure additional funding needed to start the project so the CDBG funds were not spent. Recently, the City was awarded CDBG Stimulus funds through the American Recovery and Reinvestment Act of 2009, which are required to be spent quickly. These stimulus funds would fund the entire KYFS roof project, and it can be completed expeditiously. Therefore, it would be prudent to re-allocate r stimulus funds to the roof project, and re-allocate the funds originally awarded to the roof project to the Kiwanis Tot Lot #1 Project. The City also wishes to recapture funds from the Green River Community College Micro-enterprise Project r that Green River Community College decided not to accept and award them to the Kent Parks Kiwanis Tot Lot #1 Project as well. The Public Notice regarding the Amendment was published on April 8, 2009. In addition, the Amendment is posted in public buildings and available for public comment for 30 days. Council action is required to approve the amendment reallocating the funding 3. EXHIBITS: Amendment 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes _ No 6. CITY COUNCIL ACTION: Councilmember moves, Counalmember seconds r DISCUSSION: ACTION: