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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/18/2014 CITY OF KENT Agenda City Council Meeting ( 1i ��eo�, l ,rt� rrro � m®roa ar February 18, 2014 Mayor Suzette Cooke Darla Ralph, Council President Councilmembers Jim Berrios Bill Boyce Dennis Higgins ' f Deborah Ranniger Les Thomas CIFY CLERK y r This page intentionally left blank. KENT CITY COUNCIL AGENDAS KENT February 18, 2014 w s v ro Council Chambers Mayor Suzette Cooke Council President Dana Ralph Councilmember Jim Berrios Councilmember Bill Boyce Councilmember Dennis Higgins Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************* SPECIAL COUNCIL WORKSHOP AGENDA 5:00 P.M. Subiect Speaker Time Council Retreat Dana Ralph 10 min 2014 Top Departmental Issues Tom Brubaker 30 min B&O Project List Tim LaPorte 50 min COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC — Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Introduction of Human Service Commission Reappointees, Mike Heinisch, Bill Hallerman and Wade Schwartz D. Legislative Update E. Economic and Community Development Report F. Public Safety Report G. Council Appointment Process Update H. Intergovernmental Reports 5. PUBLIC HEARING 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meetings and Workshop — Approve B. Public Disclosure Administrator Position — Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED C. Ordinance Changing Council Workshop Meeting Time - Adopt D. Emergency Guardrail Repair Service Contract with Peterson Brothers, Inc. - Authorize E. Lab Sampling Agreement with Am Test, Inc. - Approve F. East Hill Well Motor Control Center & Generator Upgrades Project Completion - Accept G. Zoning Code Landscape Provision Amendment Ordinance — Adopt H. Reappointments to Human Service Commission - Confirm 8. OTHER BUSINESS 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. 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COUNCIL WORKSHOP 1) Council Retreat 2) 2014 Top Departmental Issues 3) B&O Project List This page intentionally left blank. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) From Council, Administration, or Staff B) From the Public This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Introduction of Human Service Commission Reapppointees, Mike Heinisch, Bill Hallerman and Wade Schwartz D) Legislative Update E) Economic and Community Development Report F) Public Safety Report G) Council Appointment Process Update H) Intergovernmental Report This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT Agenda Item: Consent Calendar 7A CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through I. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of February 4, 2014 and the special Council meeting of February 11, 2014. This page intentionally left blank. This page intentionally left blank. 11 � KENT WASH IMJ T0N Kent City Council Workshop February 4, 2014 The meeting was called to order at 5:04 p.m. by Council President Ralph. Councilmembers present: Ralph, Boyce, Berrios, Higgins, Ranniger and Thomas 2014 Too Departmental Issues — Council President Ralph discussed the item and thanked the Department Directors for being present. Tom Brubaker, Interim Chief Administrative Officer highlighted the item and gave a general background. He encouraged Council to ask questions. He highlighted top departmental issues in his department, Administration/City Clerk's Office, and that two of them were briefly reviewed in the Operations Committee meeting. He stated that the five items are the 2015-2016 biennium budget, alignment and collaboration across departments, to establish policy direction for the economic development strategy and comprehensive plan, public disclosure requests, and records management. He noted that there will be a new finance director who will be busy learning City finances just as we begin this complex process. He discussed outreach across departments and establishing clear direction and vision for land use, zoning, and public infrastructure. He concluded and discussed public disclosure requests and records management. Margaret Yetter, Court Administrator discussed the new school zone cameras which became fully operational on January 6, 2014. She noted that in the first three weeks 649 tickets were filed with the court and automatically uploaded into the database. She noted that the court processes all hearing requests and payments. Councilmember Higgins inquired about how the number of citations compares to estimates and Yetter replied that there weren't any estimates prepared. Councilmember Berrios inquired which school zone was getting the most amount of tickets. Yetter stated she would check and inform the Council at a later date. Brubaker communicated that the City won't know for another year and a half what the baseline would be for this. Yetter continued and discussed online payments and stated that the fee to process online payments was five percent. She added that the City has received over 60 online payments in the first three weeks. Yetter discussed the court services contract with Maple Valley and said it is expiring. Councilmember Higgins verified that the contract could be extended for two more years and Yetter added that there are more cities who are considering utilizing Kent's court services. Councilmember Berrios communicated that the Maple Valley court services contract is a big deal and confirmed with Yetter that the capacity Kent has to take on additional cities depends on the size of the inquiring city. She said it would be possible to contract with an additional small city. Kent City Council Workshop Minutes February 4, 2014 Brubaker added that another city would want to use our prosecuting services, too. Yetter concluded that this year is the 20th Anniversary of th Kent Municipal Court. Pat Fitzpatrick, Acting City Attorney highlighted his four issues. He stated that the Law Department has overlap with several issues of other departments. He communicated that they are in the final implementation of their paperless prosecution system which is a resource saver and makes prosecution mobile. He continued and discussed the cable ordinance and said it hasn't been updated since 1993. He stated the ordinance will present what oversight level the City would have. He discussed public defense standards as the next top issue of the law department and noted that the proposed legislation mandates a case law limit of 400 and Kent's public defense attorney is handling more that that. He stated that that number is low and discussed the history of the standard. He noted that the system in Kent is outstanding, but there is a need for changes and that federal law states that public defense is constitutional. Council President Ralph inquired concerning King County hiring their contract public defenders and Fitzpatrick explained that they sued the County in an attempt to be full-time employees and included in the retirement system. Councilmember Berrios discussed the Mount Vernon ruling and Fitzpatrick added that they had a large quantity of cases and had a system which was not adequately representing the defendants. Fitzpatrick noted that on January 1, 2015 the standards will go into effect. Fitzpatrick continued and stated that the effects from the implementation of school zone safety cameras could cause a greater workload in his department, but estimated that after six months the tickets will drop off by 50 percent. Councilmember Berrios asked about excuses for contested tickets and Fitzpatrick said the statements have been things like I wasn't driving, I was driving the same speed of everyone else, etc. Councilmember Thomas stated that some of the reasoning for speed zone cameras was based on the speeds on 132nd. Lorraine Patterson, Human Resource Director discussed her four items. She highlighted healthcare and stated her department has begun discussions with the union on modifying current healthcare programs to avoid the federal healthcare tax. She also discussed the implementation of the new performance management system, Halogen and confirmed for Councilmember Boyce that the City was currently using PAGE. Councilmember Higgins verified that all supervisors will be held accountable when this new system is implemented. 2 Kent City Council Workshop Minutes February 4, 2014 Patterson confirmed with Councilmember Berrios that supervisors have time issues in completing performance evaluations because they are "working" supervisors. She stated that this system will allow for easier usage and that managers need to hold supervisors accountable for getting them done. Councilmember Berrios directed Patterson to establish a baseline now and measure how many are getting done after the new system is introduced. Patterson continued and discussed Lominger and said it brings a common language to describe work skills (recruiting, performance appraisals, job descriptions). Councilmember Berrios confirmed that the new performance management system was Halogen and the Lominger compentencies are included in that system. Councilmember Higgins communicated that every position at King County was taken and plugged into Lominger during an 18 month period. He stated the system was great. Patterson communicated that her next issue is to improve processes by utilizing LEAN to streamline the administration of medical leaves (FMLA/FCA/Disability/OJI). Mike Carrington, Information Technology Director communicated that the is a service support department. He communicated that public records technology enhancements are scheduled in 2014 for the technology supporting the City's ability to capture, store, retrieve, and package data for public disclosure requests. He communicated that the imaging system replacement is also scheduled for 2014 and it impacts the entire city and is a very complex/complicated undertaking. Councilmember Higgins inquired about when the bid would go out and Carrington communicated that there is a position in his department that needs to be filled first with room in the budget to support this. He communicated that this is based on system improvements in other cities and what is in existence now. Councilmember Boyce inquired about the "life cycle" and replied that this one is not in a high critical state, but it is at the end of life according to the budget. He stated that it has reached its 20 year lifecycle. Carrington, in response to Councilmember Boyce, communicated that he would provide him with a copy of the software lifecycle chart. Carrington continued that Valley Communications will be going live with their new dispatch system and Kent will be impacted in a big way from both a system user (Police and Regional Fire Authority) and support perspective. Carrington's next item was his department's support for mobility and personal device proliferation. He communicated that his department must stay ahead of the emerging and complex systems that are in use in the City. Councilmember Higgins inquired about City policy concerning mobile devices and Carrington replied that there are some standards and policies, but because of the changes in technology, the standards change. 3 Kent City Council Workshop Minutes February 4, 2014 Councilmember Higgins communicated that mobile device rates are high and there should be a discussion of what the policy is prior to there being an emergency and need to reduce wireless costs. Councilmember Berrios communicated that information technology seems to be on many of the departments top issues list and Carrington replied that he has meet with the department directors and IT impacts every department in the City. He added that because of the recession, departments have reduced staff and have turned to technology. He said he encourages department heads to go out and research IT improvements to their departments and bring them back to IT. However, there are things on hold because they aren't priorities. He said here is a high list of projects and they are prioritized based on staff. Councilmember Boyce communicated that the City does have some old systems and asked if there is a risk of losing all data in a major system. Carrington replied that two years ago that was a problem, but at this point in time there aren't any red light issues. He added that there are a number of interconnectivity issues that can breakdown, but it would be the issue of a partner organization. Ken Thomas, Police Chief communicated that his top issues are public trust, effectively dealing with the mentally ill, technology, and staffing. He said legitimacy with the community is an issue. Councilmember Higgins communicated that he did a great job with the community forums and Thomas replied that they will continue quarterly. He also noted that they are on Channel 21. Thomas communicated that over 50 percent of the City's in-custody population has mental health issues. He stated that they need to be handled effectively and respectully. He also noted that 60 - 70 percent of the commissioned, correction, and records staff are trained in Critical Incident Training (CIT) on how to deal with the mentally ill. He communicated that his department is working on how to effectively manage those with mental illnesses instead of just throwing them in jail. Councilmember Higgins communicated that he heard about the CIT training and is pleased about it. Thomas added that the biggest lawsuits in the state come from officers not knowing how to deal with the mentally ill. He added that pieces of the CIT training have been included into the department's training. Ralph communicated that there are facilites out there to move these peoople out of jail and into treatment facillities Thomas communicated that technology is a significant issue in his department and he and Mike Carrington are working hard to find solutions. He stated that the police use Veripic and the system failed just recently. Finally, he communicated that the department will work to fill other active positions back to active duty. He highlighted that there are 21 positions vacant due to officers in training and disability/administrative leave. 4 Kent City Council Workshop Minutes February 4, 2014 Councilmember Berrios discussed cohesiveness and working more to address issues like the Veripic issue. He added that it is a resource issue. Thomas noted that he has the list of pirorities that was provided to him by Carrington. Councilmember Boyce communicated that he would like to have a workshop to deal with IT and the ongoing list of priorities and issues. Paula Barry, Interim Finance Director discussed the retirement of Bob Nachlinger and the impact of her coming up to speed and the transition of new leadership once that position gets filled. Barry discussed the enhancements to the B&O tax processes, the ordinance, and the rules. She communicated that as the City approaches the first year anniversary of the B&O tax, the City has gained insight on how to streamline B&O tax processes and procedures. She stated that she is working with the Law Department, Administration, and Council to review recommended changes to those processes and reviewing filing frequency, exemptions, and deductions. Barry highlighted that the department is looking for ways to steamline the business license process and B&O tax functions through use of the LEAN process. She said during 2014 they will be determining if the systems in place have the capabilities to facilitate streamlining based on LEAN. Barry continued and discussed the use of technology to enhance customer service and provide more online services. She added that online services afford customers an easy way to handle their transactions and free up staff time allowing them to better serve customers. Councilmember Berrios communicated that the online B&O tax system works very well and Council President Ralph stated that this reporting period went a lot better. Ben Wolters, Economic and Community Development Director discussed his four items. He communicated that the citywide new Economic Development Stategy is in development and it will assist the Council with where it wants to go with the Comprehensive Plan. He communicated that his second item is the City Comprehensive plan update which is state mandated and due by July 2015. He discussed the City property disposition and development project and it continues. He noted that the process of identifying properties the city can sell for debt reduction is going on and there are some opportunities that will be brought to the Council in the future. He said this process takes up a big chunk of his department's time. He discussed the surge in economic development and permits and stated it is based on a bettering economy. He said last year the City did $700,000 to $750,000 in permit activity and expects the number to be about the same this year. He noted that the department did a LEAN process on permitting and is also looking at technology. He communicated that Carrington has also noted that the update of the KIVA system has been on the list for seven or eight years. He stated that he may have to go back to the Council for more resources in permitting, however, that the work on ECD is coming to fruition. He noted Trader Joes, IDS, and the other projects that are coming 5 Kent City Council Workshop Minutes February 4, 2014 down the line. Nonetheless, the challenge is where to place the resources in order to get the best return to create opportunities. Brubaker communicated that he met with Finance Director Barry this morning and there is a lot of need in the City. He stated that the police are 16 short on officers. He noted that the unstructured debt is $6 to $8 million and another $8 million in structured debt. He also discussed unexpected challenges and we need to be nimble to take advangate of them. He stated every department needs one or two people and larger departments could use more. He stated this will take balance and patience and closed by encouraging the Council to challenge the staff to see if it is spending the funds efficiently. Councilmember Berrios communicated that if the City is from an economic standpoint, turning the corner, the demand needs to be identified and the infrastructure needs to be paid attention to. Council President Ralph thanked the department directors for their presentations. The meeting adjourned at 6:15 p.m. Ronald F. Moore, MMC City Clerk 6 KENT Kent City Council Meeting February 4, 2014 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Ralph, Berrios, Boyce, Higgins, Ranniger, and Thomas. CHANGES TO THE AGENDA A. From Council, Administration, Staff - Council President Ralph replaced Public Communications, item C with 2014 Arts Commission grant recipients. Councilmember Higgins pulled item G from the Consent Calendar. Mayor Cooke pointed out that Lynn Bohart, the Arts Commission appointee, had a last minute emergency and was unable to make the meeting. Councilmember Ranniger communicated that she knows Lynn Bohart and worked with her at Renton Technical College. She stated that she is drawn to service and is an established mystery writer. She noted that she is creative and full of great ideas. B. From the Public — None. PUBLIC COMMUNICATIONS A. Public Recognition - None. B. Community Events - Councilmember Ranniger communicated that the Kent Severe Weather Sheltering Center is at the Kent Lutheran Church, 336 2nd Avenue South and open tonight through February 6. Mayor Cooke called on Rhonda Billerbeck, Program Manager and noted that Lynn Bohart couldn't make the meeting due to a last minute conflict. Mayor Cooke noted that she is still on the consent calendar. Billerbeck thanked the Council and presented 2014 Arts Commission grants to, At The Ridge Theater, Kent Senior Activity Center, and the Rainier Corrale. Mayor Cooke thanked all of the representatives for their efforts in the community. C. Arts Commission Grant Recipients for 2014 — Rhonda Billerbeck presented grants to, At The Ridge Theater, Kent Senior Activity Center, and the Rainier Corrale. D. Introduction of new Land Use and Planning Board Appointee, Katherine Jones and Re-appointee, Barbara Phillips - Mayor Cooke introduced Katherine Jones and Barbara Phillips. She noted that Jones resides in the Lakes and works for John L. Scott. Jones communicated that she has been a resident of Kent since 2006 and sat on the board of the cottage housing development project. She added that she also was involved in the Midway development. She said she has taken classes on Kent City Council Meeting Minutes February 4, 2014 green development and land use planning and is excited to bring some of those principles to the land use and planning board. Mayor Cooke communicated that this is Barbara Phillips' third term on the board. Phillips communicated that she continues on the board for the betterment of the City and is interested in transit on the west side. E. Intergovernmental Reports - Council President Ralph discussed the Regional Law Safety and Justice Committee meeting and that the entire discussion was on I- 502. She noted that there is an increase in police officers getting positive results for marijuana use in traffic stops. She added that admonitions of marijuana use from drivers has also increased and a message needs to go out that this is impaired driving. Councilmember Higgins attended the Sound Cities Association (SCA) Retreat and the day was spent imagining what the organzation would look like in 2020. Based on that discussion, it was decided that the organization needs to be more proactive instead of being reactive. He stated that doing that would mean more staff and assistance from member cities. The challenge, he said, is to determine how to make this happen by 2020. He added that there is a meeting going on right now concerning "Plan B" in the King County Council. One of the Plan B items is to increase car tabs to $60.00 and .5 more in sales tax. He added that the next Regional Transit Committee meeting is on the February 19. PUBLIC HEARINGS None. PUBLIC COMMENT 1. Richard Wilkinson, Kent - Wilkinson discussed the open Council seat and stated he thought the Council would choose Bailey Stober to fill the vacancy and was surprised there is a process. He said there are only six names now and supports the appointment of Bailey Stober to the open seat, noting Stober has shown voter confidence in the past election. He also said it will be interesting how many people will show up for the Mayor's State of the City Address and verified that it is still scheduled and will be recorded. He discussed the neighborhood council districts and said if they continue the Council should consider having councilmembers by geographical alignment instead of elected at large. 2. R.C. Sample, Kent - Sample congratulated Mayor Cooke, Councilmember Higgins, Councilmember Berrios for their election wins, and Council President Ralph on her presidency. He discussed the Par 3 golf course and stated that the departmental budgets have been increased by $250,000. He said selling the Par 3 doesn't cover the operating losses and presented specific questions to the Council. He gave special recognition to Interim Finance Director Paula Barry for answering his questions during the week. Council President Ralph highlighted the process for filling the Council vacancy. She pointed out that once an election is certified, it is complete, and the elected official 2 Kent City Council Meeting Minutes February 4, 2014 assumes office. She stated that the law reflects that the Council handles appointing a replacement. Council President Ralph communicated that the City Clerk is accepting applications until February 7 and that the qualifications of individuals will be done in executive session and after that the Council will announce who will be interviewed. Councilmember Ranniger communicated that this is an accepted protocol that has been in place for many, many years. Councilmember Boyce communicated that this is open and the process that was used when he was on the school board. Brubaker communicated that the special meetings will be on February 11 and February 25 and begin at 6:00 p.m. 3. Thomas L. Brice, Kent - Brice complimented the Council and stated that he is a member of the Par 3 Committee to save the Par 3 golf course. He noted that he previously submitted 1,500 signatures to the Council and wants them reviewed so they can see the various areas the petitioners represent. 4. Gwen Allen-Carston, Kent - Allen-Carston communicated that she is speaking as an individual, not as a representative of the Kent Black Action Commission. She inquired if this is the only option for the Council to get the council vacancy filled; pointing out that the state doesn't prescribe any specific procedure for filling the position. She added that there haven't been any prerequisites posted about the position and the average citizen doesn't understand how the process is run. She stated that there should be an open meeting to discuss this. She inquired if the public will be able to communicate and listen to the interviews that occur. She discussed code enforcement and the garbage on East Hill and inquired if she could be a junior code enforcement officer. 5. Mary Ann Hopkins, Kent - Hopkins stated that she has lived in Kent since 1971 and manages the Colony Park Apartments. She said it sits between the Riverbend driving range and golf course. She said that she has enjoyed nature over the years there and enjoyed the people who have used the course. She said the Par 3 course is a treasure and children learn how to play golf on it. She said over the years there have been countless users of the course and encouraged the Council to keep it. 1. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through I, with item G removed, seconded by Councilmember Thomas. Motion carried 6-0. A. Approval of Minutes. Minutes of the workshop and regular meeting of January 21, 2014, were approved. B. Approval of Bills . Payment of the bills received through November 30 and paid on November 30 after auditing by the Operations Committee on January 21, 2014. 3 Kent City Council Meeting Minutes February 4, 2014 C. Appointment to Arts Commission — Confirm. The Mayor's appointment is confirmed, of Lynn Bohart to the Kent Arts Commission. D. Appointments to Land Use and Planning Board — Confirm. The Mayor's appointment is confirmed, of Katherine Jones and reappointment of Barbara Phillips to the Land Use & Planning Board. E. Refunding 2004 Limited Tax General Obligation Bond Ordinance — Adopt. Move to adopt Ordinance No. 4103, approving the refunding of the 2004 Limited Tax General Obligation bonds. F. Budget Certification for Annexation Sales Tax Credit Resolution- Adopt. Move to adopt Resolution No. 1881, approving the certification of $4,230,777 for the Panther Lake annexation sales tax credit for the period July 1, 2014 through June 30, 2015. G. Emergency Guardrail Repair Service Contract with Peterson Brothers, Inc. — Authorize. The Mayor is authorized to sign a contract with Petersen Brothers Construction, Inc. to perform emergency repairs of damaged guardrails on an as needed basis in an amount not to exceed $20,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. 2013 Crack Sealing Proiect Completion — Accept. Accept the 2012 Crack Sealing Project as complete and release retainage to C.R. Contracting, upon receipt of standard releases from the state and the release of any liens. I. Oakleigh I & II Bill of Sale- Accept. Accept the Bill of Sale for the Oakleigh I & II project, permit 2071420, for 28 gate valves, 5 hydrants, and 3,816 linear feet of waterline; 17 sanitary sewer manholes, and 2,747 linear feet of sanitary sewerline; near feet of new curb and gutter, 272 linear feet of new sidewalk, 2 street lights, and 6 street trees; 1 storm sewer catch basin, and 320 linear feet of storm sewerline. OTHER BUSINESS A. Financial policy Resolution. - Mayor Cooke noted that she appointed Paula Barry as interim Finance Director yesterday. Paula Barry, Interim Finance Director communicated what the proposed ordinance consisted of. She noted resolution amends the city's financial policies by clarifying the requirements and available uses for the city's Strategic Opportunities Fund, first, by confirming that non-recurring revenues only be applied to non-recurring expenses, and second, by confirming that monies will not be spent out of this fund unless the council first approves the expenditure. She noted that this also adds a governmental funds reserve. She communicated that the greatest volitility was in the amount of $15 million during the recession and noted that the aspirational goal in this would be to have double the greatest fluctuation amount, or $30 million. 4 Kent City Council Meeting Minutes February 4, 2014 Brubaker communicated that these revisions were proposed by the Council and have been drafted so the money can't be moved without Council approval. Ranniger communicated the issue of reserves has come up for several years and $30 million is the aspirational goal. She inquired where the $30 million was sitting and what would it be used for. Barry explained that the $30 million is derived from access budgets over the years to come. Brubaker communicated that the City has fluctuating funds, such as REET and sales tax revenue, and based on them, the greatest volatility over the years was $15 million. He stated that this volatility occurred during the recession and this aspirational goal would be double it, $30 million, in the event of another recession. Ranniger communicated that her goal was to ensure the public knew that these funds would be spread out among funds and not sitting in one pot to be expended on one item at one time. Mayor Cooke pointed out that the City's top priority is to pay down debt and stated she doesn't want the audience to think we have a surplus. She stated that the irony is that the City is still waiting on the state to mitigate funds concerning sales tax. She noted that it is still growing. She further communicated that these funds are temporary and the City has a $9 million revenue stream from the state each year and this $30 million goal will be an very large aspirational goal for the future. Brubaker further explained that the City has a great need and there is currently a ten percent reserve fund. He said he would like to have more than that and if this goal is achieved the City the Council can decide what it will be used for at that time. Councilmember Thomas moved to adopt Resolution No. 1880 repealing Resolution No. 1859 amending financial policies to be used for guidance when enacting and amending the city budget, seconded by Councilmember Higgins. Motion carried 6-0. BIDS None. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Ralph discussed the workshop and noted that department directors highlighted their top four issues. She added that this discussion will be how the Council puts together their priorities and policies and that there is a lot of need, especially in information technology. She added that a motion was also passed in operations concerning moving the start time of Council workshops to 5:00 p.m. B. Mayor. Mayor Cooke discussed working with Chief Ken Thomas on the Coalition on Gangs. She highlighted the discussions at the meeting. She noted that local cities are 5 Kent City Council Meeting Minutes February 4, 2014 working together and speaking the same "language" now. She asked that Council President Ralph determine a time when the findings of the coalition can be presented to the Council. She communicated that she testified in Olympia concerning I-502 and there are several revisions to the legislation being proposed. She added there are proposals to change the tax allocations; however, she noted; Kent would receive no funds from the implementation of I-502. She said she testified that enforcement takes place on the City level so it would make sense to have the funds go to the cities. Additionally, she testified that a look should be taken at Colorado for a better way to allocate funds from marijuana processing. She also noted that she didn't make any suggestion concerning the Council's support or opposition to this item. Mayor Cooke added that she spoke in favor of the formation of the King County Transportation Benefit District (TBD) based on the fact that there is a lack of funding for transportation projects. She noted that there is no funding coming to Kent for street maintenance and a reduction of transit services coming to Kent. She added that she signed a letter of support for the TBD and executed it as the Mayor, not as a representative of the Council. C. Administration. No report. D. Economic & Community Development Committee. Councilmember Boyce communicated that the next Economic and Development Committee meeting is Monday, February 10 at 5:00 p.m. E. Operations Committee. Councilmember Thomas communicated that the report is in the minutes. He also urged the public to vote. He discussed several events going on at the ShoWare Center to include the Globetrotters and The BeeGees on March 7. He discussed Allen-Carston's comments and stated that the Council can implement its own criteria for the Council vacancy. He stated that the only experience the Council has had with this when Councilmember O'Brien passed away. He noted that the process has been announced in the paper, website, television, and at council meetings. He stated there are a lot of candidates. He also noted that he agrees with Allen- Carston on code enforcement and stated that the City relies on volunteers. F. Parks and Human Services Committee. Councilmember Ranniger communicated that the next meeting of the Parks and Human Services Committee is February 20 at 5:00 p.m. G. Public Safety Committee. Councilmember Berrios said he will be meeting with Police Chief Thomas on February 5 to determine the next meeting date and time of the Public Safety Committee. H. Public Works Committee. Councilmember Higgins reported that there have been two Public Works Committee meetings since the last Council meeting. He announced that discussion has begun on the B&O project list and it will be discussed at a future Council workshop. He added that there is a significant amount of levy work continuing and received a report about an idea for some downtown improvements including street lighting and a quiet zone. Additionally, there was discussion about a a possible local improvement district. He stated there was also a presentation concerning increasing 6 Kent City Council Meeting Minutes February 4, 2014 the fines for littering in Kent. He concluded that there was discussion on all the improvements done by the City staff and contractors in 2013 throughout the City. I. Regional Fire Authority. Councilmember Thomas communicated that Mike Denbo is the new chair of the Regional Fire Authority (RFA) and Councilmember Higgins is vice chair. He also announced that the stated that the RFA passed their 2013 audit with no findings. EXECUTIVE SESSION None. ADJOURNMENT The meeting adjourned at 8:10 p.m. Ronald F. Moore, MMC City Clerk 7 This page intentionally left blank. KENT Kent City Council Special Meeting February 11, 2014 The regular meeting of the Kent City Council was called to order at 6:01 p.m. by Mayor Cooke. Councilmembers present: Berrios, Boyce, Higgins, Ralph, Ranniger, and Thomas. OPENING REMARKS Mayor Cooke noted that the 38 applications will be reviewed in executive session and the finalists chosen will be interviewed by the Council on February 25, 2014. Council President Ralph discussed the application process and how the meeting would proceed. EXECUTIVE SESSION At 6:10 p.m., Mayor Cooke announced that the Council would recess into an Executive Session for one hour to discuss the qualifications of a candidate for appointment to elective office per RCW 42.30.110(1)(h). At 7:12 p.m., the Executive Session concluded and Mayor Cooke reconvened the regular meeting. RECESS At 7:13 p.m., Mayor Cooke called for a five minute recess. At 7:18 p.m., Mayor Cooke reconvened the regular meeting. ACTION AFTER EXECUTIVE SESSION Councilmember Higgins commented that the process of choosing from the list of well qualified applicants was hard and that at least a dozen of the applicants are well qualified. He encouraged those that weren't chosen to stay involved with City activities and highlighted several ways to stay active in local government. Council President Ralph thanked the applicants for applying and also encouraged the applicants to stay involved in government. Councilmember Thomas moved to advance the following candidates to an interview to fill the vacant Council Position #6 on February 25, 2014, Jed Aldridge, Christine Budell, Brenda Fincher, Barbara Phillips, Debra Raplee, David Schwartz, and Sarah Veele, seconded by Councilmember Boyce. Motion carried 6-0. ADJOURNMENT The meeting adjourned at 7:27 p.m. Ronald F. Moore, MMC City Clerk 40. KF14 Agenda Item: Consent Calendar - 7B TO: City Council DATE: February 18, 2014 SUBJECT: Public Disclosure Administrator Position - Authorize MOTION: Authorize the Mayor to add a Public Disclosure Administrator position to the City Clerk's Office, including a budget adjustment of $11,408, and freeze the position of Deputy City Clerk until further notice. SUMMARY: The purpose of this item is to create a position for and hire a Public Disclosure Administrator within the current FTE count for the City Clerk's Office. The Records Management Administrator is responsible for both the public disclosure request process and all records management in the City Clerk's Office. On September 30, 2013, the Deputy City Clerk retired and the position has been vacant since then. The current deputy city clerk position is more administrative in nature. Overall, in the City Clerk's Office, the need for a deputy city clerk is much lower than the need for two highly skilled positions performing records management and public disclosure work. Therefore, the records management duties from the deputy city clerk should be moved to the records management position and the public disclosure duties should be removed and placed in a new position, Public Disclosure Administrator. Furthermore, City Clerk's Office is now responsible for the redacting of exempt documents in the processing of public disclosure requests. The number of requests and complexity of public disclosure requests has grown through the years, i.e. there were 781 requests in 2007 versus 1,688 in 2013, with over 1,000 pertaining to police records. RECOMMENDED BY: Operations Committee YEA: Thomas - Boyce - Ralph NAY: BUDGET IMPACT: The budget impact of this ordinance is an increase in the City Clerk's budget of $11,408 per year. This page intentionally left blank. KENT ° Agenda Item: Consent Calendar - 7C TO: City Council DATE: February 18, 2014 SUBJECT: Ordinance Changing Council Workshop Time - Adopt MOTION: Move to adopt Ordinance No. , amending Section 2.01.020 of the Kent City Code to change the Council workshop meeting time to 5:00 p.m. on all regular Council meeting days except when the regular Council meeting occurs at 5:00 p.m. SUMMARY: This Ordinance changes the Council workshop meeting time to 5:00 p.m. on days in which Council meetings occur at 7:00 p.m. in an effort to provide for more time to discuss complex issues and concerns brought before the Council. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Ralph - Thomas - Boyce NAY: BUDGET IMPACTS: None This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 2.01.020 of the Kent City Code to change the regular Council workshop meeting time to 5:00 p.m. on all days in which Council meetings occur at 7:00 p.m. RECITALS A. On July 7, 2009, the Council adopted ordinance No. 3923, that amended section 2.01.020 of the Kent City Code to identify two Council meetings where the Kent City Council would meet at an earlier 5:00 p.m. meeting time, and that established and affirmed a regular Council workshop to occur at 5:30 p.m. on all regular Council meeting days except when a regular Council meeting occurred at 5:00 p.m. B. The Council now wishes to amend the code to change the time in which regular Council workshops are scheduled to occur to 5:00 p.m. on all regular Council meeting days except when a regular Council meeting occurs at 5:00 p.m. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Council Workshop Regular Meeting Time ORDINANCE SECTION 1. -Amendment. Sec. 2.01.020 of the Kent City Code is amended to read as follows: Sec. 2.01.020. City council meetings. A. Meeting location. The regular and other meetings of the city council shall be held in the council chambers at the City Hall unless otherwise designated by majority of the city council at a regular or special meeting. B. Regular meeting date and time. The regular meetings shall be held on the first and third Tuesday of each month, except that during the month of December of each year, there shall be only one (1) regular council meeting to be held on the second Tuesday of said month. If a regular meeting occurs on a legal holiday, the meeting shall be held on the next business day at the same hour. Regular meetings shall convene at 7:00 p.m., except that the regular meeting scheduled for the first Tuesday in August and the first Tuesday in November shall be held at 5:00 p.m. C. Special meetings. Special meetings shall be held as provided by law at such times as may be designated. D. Council workshops. Council will hold workshops to discuss pending local and regional issues at 5:30 p.Fn5:00 p.m. on each regular council meeting day, except when a regular or special council meeting occurs at or before 5:30 p.m. Although typically no final action is expected to occur at these workshops, they do constitute regular council meetings and are 2 Council Workshop Regular Meeting Time subject to all the rights and limitations available to council at any regular meeting. SECTION 2, — Savings. The existing portions of Section 2.01.020 of the Kent City Code which are repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 3, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 4, — SeverabilitY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTIONS. — Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK 3 Council Workshop Regular Meeting Time APPROVED AS TO FORM: ARTHUR 11PAT" FITZPATRICK, ACTING CITY ATTORNEY PASSED: day of 12014. APPROVED: day of 12014. PUBLISHED: day of 12014. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P\0v,1\0b,nan,,\C,una1 wo k,noo M,M,n9 rma doa 4 Council Workshop Regular Meeting Time This page intentionally left blank. KENT Agenda Item: Consent Calendar- 7D TO: City Council DATE: February 18, 2014 SUBJECT: Emergency Guardrail Repair Service Contract with Peterson Brothers, Inc. - Authorize MOTION: Authorize the Mayor to sign a service agreement with Petersen Brothers Construction, Inc. to perform emergency repairs of damaged guardrails on an as needed basis in an amount not to exceed $20,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The city typically has several guardrails that are damaged or destroyed each year by vehicles due to severe weather or inattentive drivers. In the past we have spent time soliciting bids for each repair. Petersen Brothers is the only business that consistently responds and at this time is the sole provider for this service in the region. We are requesting the approval of this agreement to be able to expedite repairs. EXHIBITS: RECOMMENDED BY: Public Works Committee YEA: Berrios - Ralph - Higgins NAY: BUDGET IMPACTS: Funds would be made available by Council through the use of Business and Occupation Tax. KENT PUBLIC WORKS AGREEMENT between City of Kent and Petersen Brothers, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Petersen Brothers, Inc. organized under the laws of the State of Washington, located and doing business at 2008 East Valley Highway, Sumner, WA 98390, Phone: (253) 833-2544/Fax: (253) 863-5951, Contact: Ronald Petersen (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: The Contractor shall repair damaged guardrail on an on-call basis. Upon nofication, the Contractor agrees to submit a proposal for each guardrail repair to the City. The City will evaluate each proposal and approve the work prior to commencement of work. For a description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by December 31, 2014. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Twenty Thousand Dollars ($20,000.00). Applicable Washington State Retail Sales Tax on this contract shall be governed by WAC 458-20-171 and its related rules for the work contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. PUBLIC WORKS AGREEMENT - 1 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B. Retainaae. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. PUBLIC WORKS AGREEMENT - 2 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue, E. The Contractor has registered its business and established, an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the PUBLIC WORKS AGREEMENT - 3 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. PUBLIC WORKS AGREEMENT - 4 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. PUBLIC WORKS AGREEMENT - 5 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or PUBLIC WORKS AGREEMENT - 6 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. PUBLIC WORKS AGREEMENT - 7 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: Petersen Brothers, Inc. CITY OF KENT: i4j, By: /' By: (signature) (signature) Print Name: Ronald G. Petersen Print Name: Suzette Cooke Its President Its Mayor (title) DATE: 2-12-14 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Ronald Petersen Timothy J. LaPorte, P.E. Petersen Brothers, Inc. City of Kent 2008 East Valley Highway 220 Fourth Avenue South Sumner, WA 98390 Kent, WA 98032 (253) 833-2544 (telephone) (253) 856-5500 (telephone) (253) 863-5951 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Paa,s ,Brothers-2014 On call Guartlrail/Thomxs PUBLIC WORKS AGREEMENT - 8 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1, I have read the attached City of Kent administrative policy number 1,2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. far°l' Ronald G. Petersen For: Petersen Brothers Inc. Title: President Date:2-12-14 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Petersen Brothers Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as On-Call Guardrail Repair that was entered into on the (date), between the firm I represent and the City of Kent I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: Ronald G. Petersen For: Petersen Brothers Inc Title: President Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Scope of Work: The contractor shall, upon notice from the City, submit a proposal for guardrail repair. The repairs may vary in nature and price depending on the location and severity of the damage. Each quote shall contain an itemized list of materials to be replaced along with labor and equipment. The City will evaluate each proposal and accept or reject it, notifying the contractor of its decision. The total amount authorized for this agreement shall not exceed $20,000, including Washington State sales tax. EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Page 1 of 17 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, workers wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 2/5/2014 Count Trade Job Classification Wage lHoliday Overtimel Note King Asbestos Abatement Workers Journey Level $41.69 5D 1H King Boilermakers Journey Level $62.34 5N 1C King Brick Mason Brick And Block Finisher $43.26 5A 1M King Brick Mason Journey Level $50.12 5A 1M King Brick Mason Pointer-Caulker-Cleaner $50.12 5A 1M King Building Service Employees Janitor $20.59 5S 2F King Building Service Employees Traveling Waxer/Shampooer $21.001 5S 2F King Building Service Employees Window Cleaner (Non-Scaffold) $24.29 5S 2F King Building Service Employees Window Cleaner (Scaffold) $25.15 5S 2F King Cabinet Makers fin Shop) Journey Level $22.74 1 King Carpenters Acoustical Worker $50.82 5D 1M King Carpenters Bridge, Dock And Wharf $50.82 5D 1M Carpenters King Carpenters Carpenter $50.821 5D 1M King Carpenters Carpenters on Stationary Tools $50.95 5D 1M King Carpenters Creosoted Material $50.92 5D 1M King Carpenters Floor Finisher $50:82 5D 1M King Carpenters Floor Layer $50.82 5D 1M King Carpenters Scaffold Erector $50.82 5D 1M King Cement Masons Journey Level $51.18 7A 1M King Divers £t Tenders Diver $100.28 SD 1M 8A King Divers&Tenders Diver On Standby $56.68 5D 1M King Divers & Tenders Diver Tender $52.23 5D 1M King Divers a Tenders Surface Rcv & Rov Operator $52.23 5D 1M King Divers &Tenders Surface Rev & Rov Operator $48.67 5A 1B Tender King Dredge Workers Assistant Engineer $53.00 5D 3F King Dredge Workers Assistant Mate (Dockhand) $52.58 5D 3F https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 2 of 17 King Dredge Workers Boatmen $52.30N5D 3F King Dredge Workers Engineer Welder $54.04 3F King Dredge Workers Leverman, Hydraulic $55..17 3F King Dredge Workers Mates $52.30 3F King Dredge Workers Oiler $52.58 3F King Drywall Applicaor Journey Level $50.82 1 H King Drnroall Tapers Journey Level $49.79 1 E King Electrical Fixture Maintenance Journey Level $25.34 5L 1E Workers King Electricians - Inside Cable Splicer $64.24 7C 2W King Electricians - Inside Cable Splicer (tunnel) $69.07 7C 2W King Electricians - Inside Certified Welder $62.04 7C 2W King Electricians - Inside Certified Welder (tunnel) $66.65 7C 2W King Electricians - Inside Construction Stock Person __$34.191 7C 2W King Electricians - Inside Journey Level $59.85 7C 2W King Electricians - Inside Journey Level (tunnel) $64.24 7C 2W King Electricians - Motor Shop Craftsman $15.37 1 King Electricians - Motor Shop Journey Level $14.69 1 King Electricians - Powerline Cable Splicer $66.43 5A 4A Construction King Electricians - Powerline Certified Line Welder $60.75 5A 4A Construction King Electricians - Powertine Groundperson $42.36 SA 4A Construction King Electricians - Powerline Heavy Line Equipment $60.75 5A 4A Construction Operator King Electricians - Powertine Journey Level Lineperson $60.75 5A 4A Construction King Electricians - Powerline Line Equipment Operator $51.05 5A 4A Construction King Etectricians - Powerline Pole Sprayer $60.75 5A 4A Construction King Electricians - Powerline Powderperson $45.39 5A 4A Construction King Electronic Technicians Journey Level $31.00 1 King Elevator Constructors Mechanic $77.70T 7D 4A King Elevator Constructors Mechanic In Charge $84.24 7D 4A King Fabricated Precast Concrete All Classifications - In-Factory $14.60 5B 2K Products Work Only King Fence Erectors Fence Erector $15.18 1 King Flaggers Journey Level $35.34 7A 2Y King Glaziers Journey Level $53.76 7L 1Y King Heat Et Frost Insulators And Journeyman $58.93 5J 1s Asbestos Workers King Heating Equipment Mechanics Journey Level $69.37 7F 1 E King Hod Carriers 8 Mason Tenders Journey Level $42.99 7A 2Y King Industrial Power Vacuum Journey Level $9.32 1 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 3 of 17 Cteaner King Inland Boatmen Boat Operator $52.51 5B 1K King Inland Boatmen Cook $48.89 5B 1K King Inland Boatmen Deckhand $49.13 5B iK King Inland Boatmen Deckhand Engineer $50.12 5B 1K King Inland Boatmen Launch Operator $51.34 5B 1K King Inland Boatmen Mate $51.34 5B 1K King Insuection(Cleaning/Sealing Of Cleaner Operator, Foamer $31.49 1 Sewer 8 Water Systems By Operator Remote Control King Inspection/Cleaning/Sealing Of Grout Truck Operator $11.48 1 Sewer a Water Systems By Remote Control King nspection/Cleaning/Seating Of Head Operator $24.91 1 Sewer rt Water Systems By Remote Control King Inspection/Cleaning/Sealing Of Technician $19.33 1 Sewer & Water Systems By Remote Control King Inspection/Cleaning/Sealing Of Tv Truck Operator $20.45 1 Sewer a Water Systems By Remote Control King Insulation Applicators Journey Level $50.82 5D 1M King Ironworkers Journeyman $59.77 7N 10 King Laborers Air, Gas Or Electric Vibrating $41.69 7A 2Y Screed King Laborers Airtrac Dritt Operator $42.99 7A 2Y King Laborers Ballast Regular Machine $41.69 7A 2Y King Laborers Batch Weighman $35.34 7A 2Y King Laborers Brick Pavers $41.691 7A 2Y King Laborers Brush Cutter $41.69 7A 2Y King Laborers Brush Hog Feeder $41.69 7A 2Y King Laborers Burner $41.69 7A 2Y King Laborers Caisson Worker $42.99 7A 2Y King Laborers Carpenter Tender $41.69 7A 2Y King Laborers Caulker $41.69 7A 2Y King Laborers Cement Dumper-paving $42.46 7A 2Y King Laborers Cement Finisher Tender $41.69 7A 2Y King Laborers Change House Or Dry Shack $41.69 7A 2Y King Laborers Chipping Gun (under 30 Lbs.)J$42.46 R7A2y King Laborers Chipping Gun(30 Lbs. And Over) King Laborers Choker Setter King Laborers Chuck Tender King Laborers Clary Power Spreader King Laborers Ctean-up Laborer King Laborers Concrete Dumper/chute https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 2/5/2014 Page 4of17 Operator King Laborers Concrete Form Stripper $41.69 7A 2Y King Laborers Concrete Placement Crew $42,46 7A 2Y King Laborers Concrete Saw Operator/core _ $42.46 7A 2Y Driller King Laborers Crusher Feeder $35.34 7A 2Y King Laborers Curing Laborer .$41.69 7A 2Y King Laborers Demolition: Wrecking Et Moving $41.69 7A 2Y (incl. Charred Material) King Laborers Ditch Digger $41.69 7A 2Y King Laborers Diver $42.99 7A 2Y King Laborers Drill Operator $42.46 7A 2Y (hydraulic,diamond) King Laborers Dry Stack Watts $41.69 7A 2Y King Laborers Dump Person $41.69 7A 2Y King Laborers Epoxy Technician $41.69 7A 2Y King Laborers Erosion Control Worker $41.69 7A 2Y King Laborers Faller @ Bucker Chain Saw $42.46 7A 2Y King Laborers Fine Graders $41.69 7A 2Y King Laborers Firewatch $35.34 7A 2Y King Laborers Form Setter $41.69 7A 2Y King Laborers Gabian Basket Builders $41.69 7A 2Y King Laborers General Laborer $41.69 7A 2Y King Laborers Grade Checker &Transit $42.99 7A 2Y Person King Laborers Grinders $41.69 7A 2Y King Laborers Grout Machine Tender $41.691 7A 2Y King Laborers Groutmen (pressure)including $42.46 7A 2Y Post Tension Beams King Laborers Guardrail Erector $41.69 7A 2Y King Laborers Hazardous Waste Worker (level $42.99 7A 2Y A) King Laborers Hazardous Waste Worker (level $42.46 7A 2Y B) King Laborers Hazardous Waste Worker (level $41.69 7A 2Y C) King Laborers High Scaler $42.99 7A 2Y King Laborers Jackhammer $42.46 7A 2Y King Laborers Laserbeam Operator $42.46 7A 2Y King Laborers Maintenance Person $41.69 7A 2Y King Laborers Manhole Builder-mudman $42.46 7A 2Y King Laborers Material Yard Person $41.69 7A 2Y King Laborers Motorman-dinky Locomotive $42.46 7A 2Y King Laborers Nozzleman (concrete Pump, $42.46 7A 2Y Green Cutter When Using Combination Of High Pressure Air & Water On Concrete @ https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 2/5/2014 Page 5 of 17 Rock, Sandblast, Gunite, Shotcrete, Water Bla King Laborers Pavement Breaker r$42,46 7A 2Y King Laborers Pilot Car 7A 2Y King Laborers Pipe Layer Lead 7A 2Y King Laborers Pipe Layer/tailor 7A 2Y King Laborers Pipe Pot Tender 7A 2Y King Laborers Pipe Reliner 7A 2Y King Laborers Pipe Wrapper $42.461 7A 2Y King Laborers Pot Tender $41.69 7A 2Y King Laborers Powderman r$42.99 7A 2Y King Laborers Powderman's Helper 7A 2Y King Laborers Power Jacks 7A 2Y King Laborers Railroad Spike Puller - Power 7A 2Y King Laborers Raker - Asphalt 7A 2Y King Laborers Re-timberman 7A 2Y King Laborers Remote Equipment Operator $42.46 7A 2Y King Laborers Rigger/signal Person $42.46 7A 2Y King Laborers Rip Rap Person $41.69 7A 2Y King Laborers Rivet Buster $42.46 7A 2Y King Laborers Rodder $42.4637A :2YKing Laborers Scaffold Erector $41.69King Laborers Scale Person $41.69King Laborers Sloper (over 20") $42.46King Laborers SloperSprayer $41.69King Laborers Spreader (concrete) $42.46 King Laborers Stake Hopper $41.69 7A 2Y King Laborers Stock Piler $41.69 7A 2Y King Laborers Tamper Fx Similar Electric, Air $42.46 7A 2Y Ft Gas Operated Tools King Laborers Tamper (multiple B Self- $42.46 7A 2Y propelled) King Laborers Timber Person - Sewer (lagger, $42.46 7A 2Y Sharer 8 Cribber) King Laborers Toolroom Person (at Jobsite) $41.69 7A 2Y King Laborers Topper $41.69 7A 2Y King Laborers Track Laborer $41.69 7A 2Y King Laborers Track Liner (power) $42.46 7A 2Y King Laborers Traffic Control Laborer $37.79 7A 2Y SR King Laborers Traffic Control Supervisor $37.79 7A 2Y 8R King Laborers Truck Spotter $41.69 7A 2Y King Laborers Tugger Operator $42.46 7A 2Y King Laborers Tunnel Work-Compressed Air $60.06 7A 2Y S Worker 0-30 psi King Laborers Tunnel Work-Compressed Air $65.09 7A 2Y https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 6 of 17 Worker 30.01-44.00 psi King Laborers Tunnel Work-Compressed Air $68.77 7A 2Y 5—q Worker 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air $74.47 7A 2Y 8S Worker 54.01-60.00 psi King Laborers Tunnel Work-Compressed Air $76.59 7A 2Y 8S Worker 60.01-64.00 psi King Laborers Tunnel Work-Compressed Air $81.69 7A 2Y 8D Worker 64.01-68.00 psi King Laborers Tunnel Work-Compressed Air $83.59 7A 2Y 8g Worker 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air $85.59 7A 1H S Worker 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air $87.59 7A 1H s Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock $43.09 7A 2Y 8D Tender King Laborers Tunnel Work-Miner $43.09j 7A ZY Q King Laborers Vibrator $42.46 7A 2Y King Laborers Vinyl Seamer $41.69 7A 2Y King Laborers Watchman $32.12 7A 2Y King Laborers Welder $42.46 7A 2Y King Laborers Well Point Laborer $42.46 7A 2Y King Laborers Window Washer/cleaner $32.12 7A 2Y King Laborers - Underground Sewer General Laborer Et Topman $41.69 7A 2Y D Water King Laborers - Underground Sewer Pipe Layer $42.46 7A 2Y Et Water King Landscape Construction Irrigation Or Lawn Sprinkler $13.56 1 Installers King Landscape Construction Landscape Equipment $28.17 1 Operators Or Truck Drivers King Landscape Construction Landscaping or Planting $17.87 1 Laborers King Lathers Journey Level $50.82 5D 1H King Marble Setters Journey Level $50.12 5A 1M King Metal Fabrication (In Shop) Fitter $15.86 1 King Metal Fabrication (in Shop) Laborer $9.78 1 King Metal Fabrication (in Shop) Machine Operator $13.04 1 King Metal Fabrication (In Shop) Painter $11.10 1 King Metal Fabrication (In Shop) Welder $15.48 1 King Millwright Journey Level $51.92 5D 1M King Modular Buildings Cabinet Assembly 1$9.'40 1 King Modular Buildings Electrician 1 King Modular Buildings Equipment Maintenance 1 King Modular Buildings Plumber 1 King Modular Buildings Production Worker 1 https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 2/5/2014 Page 7 of 17 King Modular Buildings Tool Maintenance $11.561 1 1 King Modular Buildings Utility Person $11.561 1 1 King Modular Buildings Welder $11.56 1 King Painters Journey Level $36.64 6Z 2B King Pile Driver Journey Level $51.07 5D 1M King Plasterers Journey Level $49.29 Z_Q 1 R King Playground & Park Equipment Journey Level $9.32 1 Instatlers King Plumbers it Pipefitters Journey Level $72.69 6Z 1G King Power Equipment Operators Asphalt Plant Operators $53.49 7A 3C 8P King Power Equipment Operators Assistant Engineer $50.221 7A 3C 8P King Power Equipment Operators Barrier Machine (zipper) $53.00 7A 3C 8P King Pourer Equipment Operators Batch Plant Operator, $53.00 7A 3C 8P Concrete King Power Equipment Operators Bobcat $50.22 7A 3C 8P King Power Equipment Operators Brokk- Remote Demolition $50.22 7A 3C 8P Equipment King Power Equipment Operators Brooms $50.22 7A I 3C 8P King Power Equipment Operators Bump Cutter $53.001 7A I 3C 8P King Power Equipment Operators Cableways $53.49 7A 3C 8P King Power Equipment Operators Chipper $53.00 7A 3C 8P King Power Equipment Operators Compressor $50.22 7A 3C SP King Power Equipment Operators Concrete Pump: Truck Mount F50. 7A 3C 8P With Boom Attachment Over 42 M King Power Equipment Operators Concrete Finish Machine -laser 7A 3C 8P Screed King Power Equipment Operators Concrete Pump - Mounted Or 7A 3C 8P Trailer High Pressure Line Pump, Pump High Pressure. King Power Equipment Operato s Concrete Pump: Truck Mount $53.00 7A 3C 8P With Boom Attachment Up To 42m King Power Equipment Operators Conveyors $52.58 7A I 3C 8P King Power Equipment Operators Cranes: 20 Tons Through 44 $53.00 7A 3C 8P Tons With Attachments King Power Equipment Operators Cranes: 100 Tons Through 199 $54.04 7A 3C 8P Tons, Or 150'Of Boom (Including Jib With Attachments) King Power Equipment Operators Cranes: 200 Tons To 300 Tons, $54.61 7A 3C 8P Or 250' Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: 45 Tons Through 99 $53.49 7A 3C 8P Tons, Under 150' Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: A-frame - 10 Tons And $50.22 7A 3C 8P Under https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 2/5/2014 ...._........ . . Page 8 of 17 King Power Equipment Operators Cranes: Friction 100 Tons $54.61 7A 3C 8P Through 199 Tons King Power Equipment Operators Cranes: Friction Over 200 Tons $55.17 7A 3C 8P King Power Equipment Operators Cranes: Over 300 Tons Or 300' $55.17 7A 3C 8P Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: Through 19 Tons With $52.58 7A 3C 8P Attachments A-frame Over 10 Tons King Power Equipment Operators Crusher $53.00 7A 3C 8P King Power Equipment Operators Deck Engineer/deck Winches $53.00 7A 3C 8P (power) King Power Equipment Operators Derricks, On Building Work $53.49 7A 3C 8P King Power Equipment Operators Dozers D-9 Ft Under $52.58 7A 3C 8P King Power Equipment Operators Drill Oilers: Auger Type, Truck $52.58 7A 3C 8P Or Crane Mount King Pmv Equipment Operators Drilling Machine $53.00 7A 3C 8P King Pourer Equipment Operators Elevator And Man-lift: $50.22 7A 3C 8P Permanent And Shaft Type King Power Equipment Operators Finishing Machine, Bidwell And $53.00 7A 3C 8P Gamaco 8 Similar Equipment King Power Equipment Operators Forklift: 3000 Lbs And Over $52.58 7A 3C SP With Attachments King Power Equipment Operators Forklifts: Under 3000 Lbs. With $50.22 7A 3C 8P Attachments King Power Equipment Operators Grade Engineer: Using Blue $53.00 7A 3C . 8P Prints, Cut Sheets, Etc King Power Equipment Operators Gradechecker/stakeman $50.22 7A 3C 8P King Power Equipment Operators Guardrail Punch $53.00 7A 3C 8P King Power Equipment Operators Hard Tail End Dump' $53.49 7A 3C 8P Articulating Off- Road Equipment 45 Yards. 8 Over King Power Equipment Operators Hard Tail End Dump $53.00 7A 3C 8P Articulating Off-road Equipment Under 45 Yards King Power Equipment Operators Horizontal/directional Drill $52.58 7A 3C 8P Locator King Power Equipment Operators Horizontal/directional Drill $53.00 7A 3C 8P Operator King Pawer Equipment Operators Hydralifts/boom Trucks Over $52.58 7A 3C 8P 10 Tons King Power Equipment Operators Hydralifts/boom Trucks, 10 $50.22 7A 3C 8P Tons And Under King Power Equipment Operators Loader, Overhead 8 Yards. Ft $54.04 7A 3C 8P Over King Power Equipment Operators Loader, Overhead, 6 Yards. But $53.49 7A 3C 8P Not Including 8 Yards King Power Equipment Operators Loaders, Overhead Under 6 $53.00 . 7A 3C 8P Yards https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 9 of 17 King Power Equipment Operators Loaders, Plant Feed $53.00 7A 3C 8P King Power Equipment Operators Loaders: Elevating Type Belt $52.58 7A 3C 8P King Power Equipment Operators Locomotives, All $53.00 7A 3C 8P King Power Equipment Operators Material Transfer Device $53.00 7A 3C 8P King Power Equipment Operators Mechanics, All (leadmen - $54.04 7A 3C 8P $0.50 Per Hour Over Mechanic) King Power Equipment Operators Motor Patrol Grader- Non- $52.58 7A 3C 8P finishing King Power Equipment Operators Motor Patrol Graders, Finishing $53.49 7A 3C 8P King Power Equipment Operators Mucking Machine, Mole, Tunnel $53.49 7A 3C 8P Drill, Boring, Road Header And/or Shield King Power Equipment Operators Oil Distributors, Blower $50.22 7A 3C 8P Distribution Ex Mulch Seeding Operator King Power Equipment Operators Outside Hoists (elevators And $52.58 7A 3C SP Manlifts), Air Tuggers,strato King Power Equioment Operators Overhead, Bridge Type Crane: $53.00 7A 3C 8P 20 Tons Through 44 Tons King Power Equipment Operators Overhead, Bridge Type: 100 $54.04 7A 3C 8P Tons And Over King Power Equipment Operators Overhead, Bridge Type: 45 $53.49 7A 3C 8P Tons Through 99 Tons King Power Equipment Operators Pavement Breaker $50.22 7A 3C 8P King Power Equipment Operators Pile Driver (other Than Crane $53.00 7A 3C 8P Mount) King Power Equipment Operators Plant Oiler - Asphalt, Crusher $52.58 7A 3C 8P King Power Equipment Operators Posthole Digger, Mechanical $50.22 7A 3C 8P King Power Equioment Operators Power Plant $50.221 7A 3C 8P King Power Equipment Operators Pumps - Water $50.221 7A 3C 8P King Power Equipment Operators Quad 9, Hd 41, D10 And Over $53.49 7A 3C 8P King Power Equipment Operators Quick Tower- No Cab, Under $50.22 7A 3C 8P 100 Feet In Height Based To Boom King Power Equipment Operators Remote Control Operator On $53.49 7A 3C 8P Rubber Tired Earth Moving Equipment King Power Equipment Operators Rigger And Bellman $50.22 7A 3C 8P King Power Equipment Operators Rollagon $53.49 7A 3C 8P King Power Equipment Operators Roller, Other Than Plant Mix $50.22 7A 3C 8P King Power Equipment Operators Roller, Plant Mix Or Multi-lift $52.58 7A 3C 8P Materials King Power Equipment Operators Roto-mill, Roto-grinder $53.00 7A 3C 8P King Power Equipment Operators Saws - Concrete $52.58 7A 3C 1 8P King Power Equipment Operators Scraper, Self Propelled Under $53.00 7A 3C 8P 45 Yards King Power Equipment Operators Scrapers - Concrete Ft Carry All 1 $52.58 7A 3C 8P King Power Equipment Operators Scrapers, Self-propelled: 45 $53.49 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 10 of 17 Yards And Over King Power Equipment Operators Service Engineers - Equipment $52.58 7A 3C 8P King Power Equipment Operators Shotcrete/gunite Equipment $50.22 7A 3C 8P King Power Equipment Operators Shovel , Excavator, Backhoe, $52.58 7A 3C 8P Tractors Under 15 Metric Tons. King Power Equipment Operators Shovel, Excavator, Backhoe: $53.49 7A 3C 8P Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes, $53.00 7A 3C 8P Tractors: 15 To 30 Metric Tons King Power Equipment Ooerators Shovel, Excavator, Backhoes: $54.04 7A 3C 8P Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes: $54.61 7A 3C 8P Over 90 Metric Tons King Power Equipment Operators Slipform Pavers $53.49 7A 3C 8P King Power Equipment Operators Spreader, Topsider& $53.49 7A 3C 8P Screedman King Power Equipment Operators Subgrader Trimmer $53.00 7A 3C 8P King Power Equipment Operators Tower Bucket Elevators $52.581 7A 3C 8P King Power Equipment Operators Tower Crane Over 175'in $54.61 7A 3C 8P Height, Base To Boom King Power Equipment Operators Tower Crane Up To 175' In $54.04 7A 3C 8P Height Base To Boom King Power Equipment Operators Transporters, All Track Or $53.49 7A 3C 8P Truck Type King Power Equipment Operators Trenching Machines $52.58 7A 3C 8P King Power Equipment Operators Truck Crane Oiler/driver - 100 $53.00 7A 3C 8P Tons And Over King Power Equipment Operators Truck Crane Oiler/driver Under $52.58 7A 3C 8P 100 Tons King Power Equipment Operators Truck Mount Portable Conveyor $53.00 7A 3C 8P King Power Equipment Operators Welder $53.49 7A 3C 8P King Power Equipment Operators Wheel Tractors, Farmall Type $50.22 7A 3C 8P King Power Equipment Operators Yo Yo Pay Dozer $53,00 7A 3C 8P King Power Equipment Operators- Asphalt Plant Operators $53.49 7A 3C 8P Underground Sewer a Water King Power Equipment operators- Assistant Engineer $50.22 7A 3C 8P Underground Sewer 8 Water King Power Equipment Operators- Barrier Machine (zipper) $53.00 7A 3C 8P Underground Sewer Ft Water King Power Equipment Operators- Batch Plant Operator, $53.00 7A 3C 8P Underground Sewer $ Water Concrete King Power Equipment Operators- Bobcat $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Brokk - Remote Demolition $50.22 7A 3C 8P Underground Sewer 8 Water Equipment King Power Equipment Operators- . Brooms $50.22 7A 3C SP Underground Sewer& Water https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 11 of 17 King Power Equipment Operators- Bump Cutter $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Cableways $53.49 7A 3C SP , Underground Sewer a Water King Power Equipment Operators- Chipper $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Compressor $50.22 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Concrete Pump: Truck Mount $53.49 7A 3C 8P Underground Sewer a Water With Boom Attachment Over 42 M King Power Equipment Operators- Concrete Finish Machine -laser $50.22 7A 3C 8P Underground Sewer a Water Screed King Power Equipment Operators- Concrete Pump - Mounted Or $52.58 7A 3C 8P Underground Sewer a Water Trailer High Pressure Line Pump, Pump High Pressure. King Power Equipment Operators- Concrete Pump: Truck Mount $53.00 7A 3C SP Underground Sewer a Water With Boom Attachment Up To 42m King Power Equipment Operators- Conveyors $52.58 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Cranes: 20 Tons Through 44 $53.00 7A 3C 8P Underground Sewer a Water Tons With Attachments King Power Equipment Operators- Cranes: 100 Tons Through 199 $54.04 7A 3C 8P Underground Sewer a Water Tans, Or 150' Of Boom (Including Jib With Attachments) King Power Equipment Operators- Cranes: 200 Tons To 300 Tons, $54.61 7A 3C 8P Underground Sewer a Water Or 250'Of Boom (including Jib With Attachments) King Power Equipment Operators- Cranes: 45 Tons Through 99 $53.49 7A 3C 8P Underground Sewer a Water Tons, Under 150' Of Boom (including Jib With Attachments) King Power Equipment Operators- Cranes: A-frame - 10 Tons And $50.22 7A 3C SP Underground Sewer a Water Under King Power Equipment Operators- Cranes: Friction 100 Tons $54.61 7A 3C 8P Underground Sewer Et Water Through 199 Tons King Power Equipment Operators- Cranes: Friction Over 200 Tons $55.17 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Cranes: Over 300 Tans Or 300' $55.17 7A 3C 8P Underground Sewer a Water Of Boom (including Jib With Attachments) King Power Equipment Operators- Cranes: Through 19 Tons With $52.58 7A 3C 8P Underground Sewer a Water Attachments A-frame Over 10 Tons King Power Equipment Operators- Crusher $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Deck Engineer/deck Winches $53.00 7A 3C 8P Underground Sewer a Water (power) King Power Equipment Operators- Derricks, On Building Work $53.49 7A 3C 8P https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 2/5/2014 Page 12 of 17 Underground Sewer EL Water King Power Equipment Operators- Dozers D-9 Et Under $52.58 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Drill Oilers: Auger Type, Truck $52.58 7A 3C 8P Underground Sewer & Water Or Crane Mount King Power Equipment Operators- Drilling Machine $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Elevator And Man-lift: $50.22 7A 3C 8P Underground Sewer a Water Permanent And Shaft Type King Power Equipment Operators- Finishing Machine, Bidwell And $53.00 7A 3C 8P Underground Sewer &Water Gamaco &Similar Equipment King Power Equipment Operators- Forklift: 3000 Lbs And Over $52.58 7A 3C 8P Underground Sewer &Water With Attachments King Power Equipment Operators- Forklifts: Under 3000 Lbs. With $50.22 7A 3C 8P Underground Sewer&Water Attachments King Power Equipment Operators- Grade Engineer: Using Blue $53.00 7A 3C 8P Underground Sewer &Water Prints, Cut Sheets, Etc King Power Equipment Operators- Gradechecker/stakeman $50.22 7A 3C 8P Underground Sewer &Water King Power Equipment Operators- Guardrail Punch $53,00 7A 3C 8P Underground Sewer &Water King Power Equipment Operators- Hard Tail End Dump $53.49 7A 3C 8P Underground Sewer a Water Articulating Off- Road Equipment 45 Yards. & Over King Power Equipment Operators- Hard Tail End Dump $53.00 7A 3C 8P Underground Sewer & Water Articulating Off-road Equipment Under 45 Yards King Power Equipment Operators- Horizontal/directional Drill $52.58 7A 3C 8P Underground Sewer a Water Locator King Power Equipment Operators Horizontal/directional Drill $53.00 7A 3C 8P Underground Sewer &Water Operator King Power Equipment Operators- Hydralifts/boom Trucks Over $52.58 7A 3C 8P Underground Sewer a Water 10 Tons King Power Equipment Operators- Hydralifts/boom Trucks, 10 $50.22 7A 3C 8P Underground Sewer a Water Tons And Under King Power Equipment Operators- Loader, Overhead 8 Yards. Et $54.04 7A 3C 8P Underground Sewer & Water Over King Power Equipment Operators- Loader, Overhead, 6 Yards. But $53.49 7A 3C 8P Underground Sewer a Water Not Including 8 Yards King Power Equipment Operators- Loaders, Overhead Under 6 $53.00 7A 3C 8P Underground Sewer &Water Yards King Power Equipment Operators- Loaders, Plant Feed $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Loaders: Elevating Type Belt $52.58 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Locomotives, All $53.00 7A 3C 8P Underground Sewer &Water King Power Equipment Operators- Material Transfer Device $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Mechanics, All (leadmen - $54.04 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 13 of 17 Underground Sewer Et Water $0.50 Per Hour Over Mechanic) King Power Equipment Operators- Motor Patrol Grader- Non-, $52.58 7A 3C 8P Underground Sewer Et Water finishing King Power Equipment Operators- Motor Patrol Graders, Finishing $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Mucking Machine, Mole, Tunnel $53.49 7A 3C 8P Underground Sewer Et Water Drill, Boring, Road Header And/or Shield King Power Equipment Operators- Oil Distributors, Blower $50.22 7A 3C 8P Underground Sewer a Water Distribution 8 Mulch Seeding Operator King Power Equipment Operators- Outside Hoists (elevators And $52.58 7A 3C 8P Underground Sewer a Water Manlifts), Air Tuggers,strato King Power Equipment Operators- Overhead, Bridge Type Crane: $53.00 7A 3C 8P Underground Sewer &Water 20 Tons Through 44 Tons King Power Equipment Operators- Overhead, Bridge Type: 100 $54.04 7A 3C 8P Underground Sewer Et Water Tons And Over King Power Equipment Operators- Overhead, Bridge Type: 45 $53.49 7A 3C 8P Underground Sewer Et Water Tons Through 99 Tons King Power Equipment Operators- Pavement Breaker $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pile Driver (other Than Crane $53.00 7A 3C 8P Underground Sewer E Water Mount) King Power Equipment Operators- Plant Oiler- Asphalt, Crusher $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Posthole Digger, Mechanical $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Power Plant $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pumps -Water $50.22 7A 3C 8P Underground Sewer 8 Water King Power Equipment Operators- Quad 9, Hd 41, D10 And Over $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Quick Tower- No Cab, Under $50.22 7A 3C 813 Underground Sewer Et Water 100 Feet In Height Based To Boom King Power Equipment Operators- Remote Control Operator On $53.49 7A 3C 8P Underground Sewer Et Water Rubber Tired Earth Moving Equipment King Power Equipment Operators- Rigger And BeUman $50.22 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Rollagon $53.49 7A 3C 8P Underground Sewer 8 Water King Power Equipment Operators- Roller, Other Than Plant Mix $50.22 7A EC 8P Underground Sewer 8 Water King Power Equipment Operators Roller, Plant Mix Or Multi-lift $52.58 7A 3C 8P Underground Sewer a Water Materials King Power Equipment Operators- Roto-milt, Roto-grinder $53.00 7A 3C SP Underground Sewer Et Water King Power Equipment Operators- Saws - Concrete $52.58 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 14 of 17 Underground Sewer a Water King Power Equipment Operators- Scraper, Self Propelled Under $53.00 7A 3C 8P Underground Sewer a Water 45 Yards King Power Equipment Operators- Scrapers - Concrete Et Carry All $52.58 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Scrapers, Self-propelled: 45 $53.49 7A 3C 8P tlndergrOUnd Sewer a Water Yards And Over King Power Equipment Operators- Service Engineers - Equipment $52.58 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Shotcrete/gunite Equipment $50.22 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Shovel , Excavator, Backhoe, $52.58 7A 3C 8P Underground Sewer a Water Tractors Under 15 Metric Tons. King Power Equipment Operators- Shovel, Excavator, Backhoe: $53.49 7A 3C 8P Underground Sewer a Water Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes, $53.00 7A 3C 8P Underground Sewer a Water Tractors: 15 To 30 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: $54.04 7A 3C 8P Underground Sewer a Water Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: $54.61 7A 3C 8P Underground Sewer a Water Over 90 Metric Tons King Power Equipment Operators- Slipform Pavers $53.49 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Spreader, Topsider a $53.49 7A 3C 8P Underground Sewer a Water Screedman King Power Equipment Operators- Subgrader Trimmer $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Tower Bucket Elevators $52.58 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Tower Crane Over 175'in $54.61 7A 3C 8P Underground Sewer a Water Height, Base To Boom King Power Equipment Operators- Tower Crane Up To 175' In $54.04 7A 3C 8P Underground Sewer a Water Height Base To Boom King Power Equioment Goerators- Transporters, All Track Or $53.49 7A 3C 8P Underground Sewer a Water Truck Type King Power Equipment Operators- Trenching Machines $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Truck Crane Oiler/driver- 100 $53.00 7A 3C 8P Underground Sewer Et Water Tons And Over King Power Equipment Operators- Truck Crane Oiler/driver Under $52.58 7A 3C 8P Underground Sewer a Water 100 Tons King Power Equipment Operators- Truck Mount Portable Conveyor $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Welder $53.49 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Wheel Tractors, Farmall Type $50.22 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Yo Yo Pay Dozer $53.00 7A 3C 8P https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 2/5/2014 Page 15 of 17 Underground Sewer 8 Water King Power Line Clearance Tree Journey Level In Charge $43.76 5A 4A Trimmers King Power Line Clearance Tree Spray Person $41.51 5A 4A Trimmers King Power Line Clearance Tree Tree Equipment Operator $43.76 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer $39.10 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer Groundperson $29.44 5A 4A Trimmers King Refrigeration Ft Air Journey Level $71.46 6Z 1G Conditioning Mechanics King Residential Brick Mason Journey Level $50.12 5A iM King Residential Carpenters Journey Level $28.20 1 King Residential Cement Masons Journey Level $22.64 1 King Residential Drywall Applicators Journey Level $39.62 5D 1M King Residential Drywall Tapers Journey Level $49.79 5P 1 E King Residential Electricians Journey Level $30.44 1 King Residentiat Glaziers Journey Level $35.10 71- 1 H King Residential Insulation Journey Level $26.28 1 Applicators King Residential Laborers Journey Level !$23.03 King Residential Marble Setters Journey Level 09 King Residential Painters Journey Level 46 King Residential Plumbers Et Journey Level 69 1 Pipefitters King Residential Refrigeration £t Air Journey Level $71.46 6Z 1G Conditioning Mechanics King Residential Sheet Metat Journey Level (Field or Shop) $41.84 7F 1R Workers King Residential Soft Floor Lavers Journey Level $42.151 5A I 3D King Residential Sprinkler Fitters Journey Level $40.81 5C 2R (Fire Protection) King Residential Stone Masons Journey Level $50.12 5A 1M King Residential Terrazzo Workers Journey Level $46.96 5A 1M King Residentiat Terrazzo/Tile Journey Level $21.46 1 Finishers King Residentiat Tile Setters Journey Level $25.17 1 King Roofers Journey Level $44.21 5A 111 King Roofers Using Irritable Bituminous $47.21 5A 1 R Materials King Sheet Metal Workers Journey Level (Field or Shop) $69.37 7F 1E King Shipbuilding g Ship Repair Boilermaker $39.66 7M 111 King Shipbuitding a Ship Repair Carpenter $38.24 70 3B King Shipbuilding 8 Ship Repair Electrician $37.82 70 3B King Shipbuilding a Ship Repair Heat Et Frost Insulator $58.93 5J is https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 2/5/2014 Page 16 of 17 King Shipbuilding & Ship Repair Laborer $36.781 70 I 3B King Shipbuilding & Ship Repair Machinist $37.81 70 3B King Shipbuilding & Ship Repair Operator $40.15 70 3B King Shipbuilding & Ship Repair Painter $37.79 70 3B King Shipbuilding & Ship Repair Pipefitter $37.77 7O 3B King Shipbuilding & Ship Repair Rigger $37.76 70 3B King Shipbuilding & Ship Repair Sandblaster $36.78 70 3B King Shipbuilding & Ship Repair Sheet Metal $37.741 7O 3B King Shipbuilding a Ship Repair Shipfitter $37.76 70 3B King Shipbuilding Ft Ship Repair Trucker $37.59 70 3B King Shipbuilding Ft Ship Repair Warehouse $37.65 70 3B King Shipbuitding & Ship Repair Welder/Burner $37.76 70 3B King Sign Makers Ct Installers Sign Installer $22.92 1 (Electrical - King Sign Makers & Installers Sign Maker $21.36 1 tElectncall King Sign Makers & Installers (Non- Sign Installer $27.28 1 Electrical) King Sign Makers a installers (Non- Sign Maker $33.25 1 ElectricaU King Soft Floor Lavers Journey Level $42.15 5A 3D King Solar Controls For Windows Journey Level $12.44 1 King Sprinkler Fitters (Fire Journey Level $69.59 5C 1X Protection) King Stage Rigging Mechanics (Non Journey Level $13.23 1 Structural) King Stone Masons Journey Level $50A2 5A 1M King Street And Parking Lot Journey Level $19.09 1 Sweeper Workers King Survevors Assistant Construction Site $52.58 7A 3C 8P Surveyor King Surveyors Chainman $52.06 7A 3C 8P King Survevors Construction Site Surveyor $53.49 7A 3C 8P King Tetecommunication Journey Level $22.76 1 Technicians King Telephone Line Construction - Cable Splicer $36.01 5A 2B Outside King Telephone Line Construction - Hole Digger/Ground Person $20.05 5A 2B Outside King Telephone Line Construction - Installer (Repairer) $34.50 5A 2B Outside King Telephone Line Construction - Special Aparatus Installer I $36.01 5A 2B Outside King Telephone Line Construction - Special Apparatus Installer11 $35.27 5A 2B Outside King Telephone Line Construction - Telephone Equipment Operator $36.01 5A 2B Outside (Heavy) King Telephone Line Construction - Telephone Equipment Operator $33.47 5A 2B https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 17 of 17 Outside (Light) King Telephone Line Construction - Telephone Lineperson $33.47 5A 2B Outside King Telephone Line Construction - Television Groundperson $19.04 5A 2B Outside King Telephone Line Construction - Television Lineperson/Installer $25.27 5A 2B Outside King Telephone Line Construction - Television System Technician $30.20 5A 2B Outside King Telephone Line Construction - Television Technician $27.09 5A 2B Outside King Telephone Line Construction - Tree Trimmer $33.47 5A 2B Outside King Terrazzo Workers Journey Level $46.96 5A 1M King Tile Setters Journey Level $21.65 1 King Tile, Marble &Terrazzo Finisher $37.79 5A 1 B Finishers King Traffic Control Stripers Journey Level $42.33 7A 1K King Truck Drivers Asphalt Mix Over 16 Yards (W. $47.91 5D 3A 8L WA-Joint Council 28) King Truck Drivers Asphalt Mix To 16 Yards (W. $47.07 5D 3A 8L WA-Joint Council 28) King Truck Drivers Dump Truck Ft Trailer $47.91 5D 3A 81- King Truck Drivers Dump Truck (W. WA-Joint $47.017 5D 3A 81 Council 28) King Truck Drivers Other Trucks (W. WA-Joint $47.91 5D 3A 8L Council 28) King Truck Drivers Transit Mixer $43.23 1 King Well Drillers 8 Irrigation Pump Irrigation Pump Installer $17.71 1 Installers King Well Drillers 8t Irrigation Pump Oiler $12.97 1 Installers King Well Drillers & Irrigation Pump Well Driller $18.00 1 Installers https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 ------------- Benefit Code Key—Effective 8-31-2013 thru 3-4-2014 #############x•#####m#####x#:r##aax:###++:#axax##sa�sr.a:*a:+sarxtera#x##a:*a::exa:a::=xmxa:a:za:a::�a:m###s:r.#+ama#r+#x#ra+min.# Overtime Codes Overtime calculations are based on the hourly rate actually paid to the worker.On public works projects,the hourly rate must be not less than the prevailing rate of wage minus the hourly rate of the cost of ftinge benefits actually provided for the worker, 1. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-IIALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. The first two(2)hours after eight(8)regular hours Monday through Friday and the first ten(10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. D. The first two(2)hours before or after a five-eight(8)horn workweek day or a four-ten(10)hour workweek day and the first eight(8) hours worked the next day after either workweek shall be paid at one and one-half times the hourly rate of wage.All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. The first two (2)hours after eight(8)regular hours Monday tbrough Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. The first two(2) hours after eight(8)regular hours Monday through Friday and the first ten(10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked,except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. G. The first ten(10) hours worked on Saturdays and the first ten (10) hours worked on a fifth calendar weekday in a four-ten hour schedule, shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10)hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at doable the hourly rate of wage. H. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment breakdown)shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday - through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. L All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. J. The first two (2)hours after eight(8)regular horns Monday.tlrough Friday and the first ten (10)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over ten (10) hours Monday through Saturday,Sundays and holidays shall be paid at double the hourly rate of wage. K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. M. All hours worked on Saturday's (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 1 Benefit Code Key—Effective 8-31-2013 thru 3-4-2014 1. N. All hours worked on Saturdays (except makeup days) shall be paid at one and one-half times the hourly rate of wage.All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. O. The first ten (10) hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays,holidays and after twelve(12)hours,Monday through Friday and after ten(10)horns on Saturday shall be paid at double the hourly rate of wage. P. All hours worked on Saturdays(except makeup days if circumstances warrant) and Sundays shall be paid at one and one-half times the hourly rate of wage.All hours worked on holidays shall be paid at double the hourly rate of wage. Q. The first two (2) hours- after eight (8) regular hoes Monday through Friday and up to ten (10) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten(10) hours per day Monday through Saturday and all hours worked on Sundays and holidays(except Christmas day)shall be paid at double the hourly rate of wage. All hours worked on Christmas day shall be paid at two and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage. S. "Pile first two(2) hours attar eight(8) regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the Hourly rate of wage. All hours worked on holidays and all other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage, All hours worked on Labor Day shall be paid at three times the hourly rate of wage. V. All hours worked on Sundays and holidays(except Thanksgiving Day and Christmas day) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at double the hourly rate of wage. W. All hours worked on Saturdays and Sundays (except make-up days due to conditions beyond the control of the employer)) shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage'. X. The first four (4) hours alter eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage.All hours worked over twelve (12) hours Monday through Saturday,Sundays and holidays shall be paid at double the hourly rate of wage. When holiday falls on Saturday or Sunday, the day before Saturday, Friday,and the day after Sunday,Monday,shall be considered the holiday mid all work performed shall be paid at double the hourly rate of wage. Y. All hours worked outside the hours of 5:00 nm and 5:00 pm (or such other hours as may be agreed upon by any employer and the employee)and all hours worked in excess of eight(8)hours per day(10 hours per day for a 4 x 10 workweek)and on Saturdays and holidays(except labor day) shall be paid at one and one-half times the hourly rate of wage. (except for employees who are absent from work without prior approval on a scheduled workday during the workweek shall be paid at the straight-time rate until they have worked 8 hours in a day (10 in a 4 x 10 workweek)or 40 hours during that workweek.)All hours worked Monday through Saturday over twelve(12)hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage. Z. All hours worked on Saturdays and Sundays shall be paid atone and one-half times the hourly rate of wage.All hoes worked on holidays shall be paid the straight time rate of,pay in addition to holiday pay. 2 Benefit Code Key—Effective 8-31-2013 thru 3-4-2014 2 ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE, B. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. C. All hotus worked on Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at two times the hourly rate of wage. F. The first eight(8)hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay.All hours worked in excess of eight(8)hours on holidays shall be paid at double the hourly rate of wage. G. All hours worked on Sunday shall be paid at two times the hourly rate of wage.All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. H. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage.. K. All hours worked on holidays shall be paid at two times the hourly rate of wage in addition to the holiday pay. 0. All hours worked on Sundays and holidays shall be paid at one and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays and all hours worked over sixty(60)in one week shall be paid at double the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the Booty rate of waga.All hours worked over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage. W. The first two(2)hours after eight(8)regular hours Monday through Friday and the fist eight(8)hours on Saturday shall be paid atone and one-half times the hourly rate of wage. All Other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten-hour weekly schedule,either Monday thru Thursday or Tuesday thm Friday schedule,all hours worked after ten shall be paid at double the hourly rate of wage.The first eight(8)hours worked on the fifth day Shall be paid at one and one-half times the hourly rate of wage.All other hours worked on the fifth,sixth,and seventh days and on holidays shall be paid at double the hourly rate of wage. Y. All louts worked on Saturdays(except for make-up days)shall be paid at one and one-half times the hourly rate of wage.All hours worked Monday through Saturday over twelve(12)hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 3. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)1d0'URS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when four ten(10) hour shifts are established,or forty(40)hours of straight time per week,Monday through Friday,or outside the normal shift,and all work or Saturdays shall be paid at time and one-half the straight time rate.Hours worked over twelve hours(12)in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday and holidays shall be.paid at double the straight time rate of pay.Any shift starting between the hours of 6:00 pm and midnight shall receive an additional one dollar($1.00)per hour for all hours worked that shift.The employer shall have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations.After an employee has worked eight(8)hours at an applicable overtime rate,all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8)lours or more. 3 Benefit Code I(ey—Effective B-31-2013 thru 3-4-2014 3. B. The first four(4)hours after eight(8)regular hours Monday through Friday and the first twelve(12)hours on Saturday shall be paid at one and one-half times the hourly rate of wage.All hours worked over twelve(12)hours Monday through Saturday,and all boars worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when four ten(10) hour shifts are established,or forty(40)hours of straight time per week,Monday through Friday,or outside the normal shift,and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays shall be paid at double the hourly rate of wage.After an employee has worked eight(8)hours at an applicable overtime rate,all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8)hours or more. D. All hours worked between the hours of 6:00 pm and 6:00 am,Monday through Saturday,shall be paid at a premium rate of 15%over the hourly rate of wage.All other hours worked after 6:00 am on Saturdays,shall be paid at one and one-half times the hourly rate of wage.All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. All hours worked Sundays and holidays shall be paid at double the hourly rate of wage.Each week,once 40 hours of straight time work is achieved,then any hours worked over 10 hours per clay Monday through Saturday shall be paid at double the hourly wage rate. F. All hours worked on Saturday shall be paid at one slid one-half times the hourly rate of wage.All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. G. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when four ten(10)hour shifts are established,or forty(40)hours of straight time per week,Monday through Friday,,and all work on Saturdays shall be paid at time and one-half the straight time rate.Hours worked over twelve hours(12) in a single shift and all work performed after 8:00 am Sunday to 8:00 am Monday and Holidays shall be paid at double the straight time rate of pay.After an employee has worked eight(8)hours at an applicable overtime rate,all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8) hours or more. 4. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. All hours worked in excess o l eight(8)hours per day or forty(40)hours per week shall be paid at double the hourly rate of wage.All hours worked on Saturdays,Sundays and holidays shall be paid at double the hourly rate of wage. Holidav Codes 5. A. Holidays: New Year's Day, Memorial Day, independence Day, Labor Day, Thanksgiving Day, Friday after - Thanksgiving Day,and Clu-istmas Day(7). B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,the day before Christmas,and Christmas Day(8). C. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(8). D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). 4 Benefit Code Key—Effective 8-31-2013 thru 3-4-2014 H. Holidays:New Year's Day,Memorial Day,Independence Day,Thanksgiving Day,the Day after Thanksgiving Day, And Christmas(6). �. 1. Holidays:New Year's Day, Memorial Day,Independence Day, Labor Day,Thanksgiving Day, and Christmas Day (6). I. Holidays: New Years Day,Memorial Day,Independence Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day,And Christmas Day(7). K. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day,The Day Before Christmas,And Christmas Day(9). L. Holidays: New Year's Day, Marlin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,Friday After Thanksgiving Day,And Christmas Day(8). N. Holidays: Ncw Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day,The Friday After Thanksgiving Day,And Christmas Day(9). P. Holidays:New Year's Day, Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday And Saturday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). If A Holiday Falls On Sunday, The Following Monday Shall Be Considered As A Holiday. Q. Paid Holidays:New Year's Day, Memorial Day, Independence Day, Labor Day, 'Thanksgiving Day, and Christmas Day(6), R. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day Alter Thanksgiving Day,One-Half Day Before Christmas Day,And Christmas Day.(7 1/2). S. Paid Holidays: New You's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, And Christmas Day(7). T. Paid Holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,The Friday After Thanksgiving Day, Christmas Day, And The Day Before Or After Christmas (9). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(8)_ Holiday Codes Continued 6. A. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,The Friday After Thanksgiving Day,And Christmas Day(8). E. Paid Holidays: New Year's Day, Day Before Or After New Yo 's Day, Presidents Day, Memorial Day, Independence Day,Labor Day, Thanksgiving Day, Day After Thanksgiving Day, Christmas Day,And A Half-Day On Christmas Eve Day.(9 1/2). G. Paid Holidays:New Year's Day,Martin Luther King Jr. Day,Presidents' Day,Memorial Day,Independence Day, Labor Day,Veterans'Day,Thanksgiving Day,The Friday After Thanksgiving Day, Christmas Day,And Christmas Eve Day(11). H. Paid Holidays: New Year's Day, New Year's Eve Day, Memorial Day, Independence Day, Labor Day, 5 Benefit Code Key—Effective 8-31-2013 thru 3-4-2014 Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday(10). I. Paid Holidays:New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday After Thanksgiving Day,And Christmas Day(7). 6. T. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Last Working Day Before Christmas Day, And Christmas Day(9). Z. Holidays: New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday after Thanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the holiday. Holiday Codes Continued 7. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday And Saturday After Thanksgiving Day, And Christmas Day (8). Any Holiday Which Falls On A Sunday Shall Be Observed As A Holiday On The Following Monday. If any of the listed holidays falls on a Saturday,the preceding Friday shall be a regular work day. B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, "Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. C. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday Ailey Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shallbe observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday- D. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President's Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. F.. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(7), Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. F. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,the last working clay before Christmas day and Christmas day(8), Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. G. Holidays: New Year's Day, Memorial Day,Independence Day, Labor Day,Thanksgiving Day, and Christmas Day (6).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day(9).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 6 Benefit Code Key—Effective 8-31-2013 thru 3-4-2014 I, Holidays:New Year's Day,President's Day,Independence Day,Memorial Day,Labor Day,Thanksgiving Day,The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day(9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 7. 1. Holidays: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Chrismnas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. .Any holiday which falls on a Saturday shall be observed is a holiday,on the preceding Friday, K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls oil a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day,And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday, Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. M. Paid Holidays: New Year's Day, The Day after or before New Year's Day, President's Day, Memorial Day, Independence Day,Labor Day,Thanksgiving Day,the Friday after Thanksgiving Day,Christmas Day,And the Day after or before Christmas Day, 10). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.Any holiday which falls on a Saturday shall be observed as a holiday oil the preceding Friday. N. Holidays: New Year's Div, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(7).Any holiday which falls on a Sunday shall be observed as a holiday on - the following Monday.When Christmas falls on a Saturday,the preceding Friday shall be observed as a holiday. O. Paid Holidays: New Year's Day, The Day After Or Before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, The Day After Or Before atristmas Day,And The Employees Birthday. 11). Any holiday which.falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,And Christmas Day(7).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,the Last Working Day before Christmas Day and Christmas Day(8).Any holiday which falls on - a Sunday shall be observed as a holiday on the following Monday.If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. R. Paid Holidays:New Year's Day,the day after or before\ew Year's Day,President's Day,Memorial Day, Independence Day, Labor Day,Thanksgiving Day,the Friday after Thanksgiving Day,Christmas Day, and the day after or before Christmas Day(10).If any of the listed holidays'fall on Saturday,the preceding Friday shall be observed as the holiday.If any of the listed holidays falls oil a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly. S. Paid Holidays:New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday After Thanksgiving Day,Christmas Day,The Day After Christmas,And A Floating Holiday(9). If any of the listed holidays falls on a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly. Note Codes S. A. In addition to the hourly wage and fringe benefits,the following depth premiums apply to depths of fifty feet or more: 7 Benefit Code Key—Effective 8-31-2013 thru 3-4-2014 Over 50'To 100'-$2.00 per Foot for Each Foot Over 50 Feet Over 100'To 150'-$3.00 per Foot for Each Foot Over 100 Feet Over 150'To 220'-$4.00 per Foot for Each Foot Over 150 Feet Over 220'-$5.00 per Foot for Each Foot Over 220 Feet 3 C. In addition to the hourly wage and fringe benefits,the following depth premiums apply to depths of fifty feet or more: Over 50'To 100'-$1.00 per Foot for Each Foot Over 50 Peet Over 100'To 150'-$1.50 per Foot for Each Foot Over 100 Feet Over 150'To 200'-$2.00 per Foot for Each Foot Over 150 Feet Over 200'-Divers May Name Their Own Price D. Workers working with supplied air on hazmat projects receive an additional S 1.00 per hour. L. Workers on hazmat projects receive additional hourly premiums as follows-Level A: $0.75,Level B:$050,And Level C:$0.25. M. Workers on hazmat projects receive additional hourly premiums as follows:Levels A&B:$1.00,Levels C&D: $0.50. N. Workers on hazmat projects receive additional hourly premiums as follows-Level A:$1.00,Level B:$0,75,Level C:$0.50,And Level D:$0.25. P. Workers on hazmat projects receive additional hourly premiums as follows-Class A Suit:$2.00,Class B Suit: $1.50,Class C Suit:51.00,And Class D Suit$0.50. Q. The highest pressure registered on the gauge for an accumulated time of more than fifteen(15)minutes during the shift shall be used in determining the scale paid. R. Effective August 31,2012—A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized.A Traffic Control Laborer performs the setup,maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular,bicycle, and pedestrian traffic during construction operations.Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho.These classifications are only effective on or after August 31,2012. S. Effective August 31,2012—A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized.Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho.This classification is only effective on or after August 31,2012. T. Effective August 31,2012—A Traffic Control Laborer performs the setup,maintenance and removal of all temporary It control devices and construction signs necessary to control vehicular,bicycle,and pedestrian traffic during construction operations.Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho.This classification is only effective on or after August 31,2012. 8 This page intentionally left blank. This page intentionally left blank. KENT Agenda Item: Consent Calendar - 7E TO: City Council DATE: February 18, 2014 SUBJECT: Lab Sampling Agreement with Am Test, Inc. - Approve MOTION: Authorize the Mayor to sign a Goods and Services Agreement with Am Test, Inc. for coliform sampling and testing in an amount not to exceed $43,392.00 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Pursuant to WAC 246-290-300, the City routinely collects and analyzes for coliform. Seventy-two water samples are taken per month at predetermined monitoring locations in the distribution system. Sampling and analysis ensures our drinking water is free of coliform bacteria. EXHIBITS: Goods and Services Agreement RECOMMENDED BY: Public Works Committee YEA: Berrios - Ralph - Higgins NAY: BUDGET IMPACTS: This is an annual operations cost which is planned for and budgeted through the Water Utility. GOODS & SERVICES AGREEMENT between the City of Kent and AmTest, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and AmTest, Inc. organized under the laws of the State of Washington, located and doing business at 13600 NE 126th Place, Suite C, Kirkland, WA 98034, Phone: (425) 885-1664/Fax: (425) 820-0245, Contact: Aaron Young (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall collect and analyze the City's state mandated routine coliform bacteria samples. For a description and Vendor's quote, see Exhibit A which is attached and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by March 1, 2016. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Forty Three Thousand, Three Hundred Ninety Two Dollars ($43,392.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) Sampling shall occur on the first four (4) Tuesdays of every month for two years. Vendor shall be paid after submittal of invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Aaron Young Timothy J. LaPorte, P.E. AmTest, Inc. City of Kent 13600 NE 126th Place, Suite C 220 Fourth Avenue South Kirkland, WA 98034 Kent, WA 98032 (425) 885-1664 (telephone) (253) 856-5500 (telephone) (425) 820-0245 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department AmTest-Sampling 2/Bauer GOODS & SERVICES AGREEMENT 7 (Over$10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A I Scope of Work: Am Test, Inc. will collect and analyze the City of Kent's state mandated routine coliform bacteria samples. Sampling consists of eighteen (18) coliform and free chlorine residual samples per week, at City designated sampling locations, the first four (4) Tuesdays of every month, for a period of twenty four (24) months. Am Test, Inc. will also submit all necessary sample result paperwork to the Washington State Department of Health Office of Drinking water as required by the City in chapter 246,290.300 WAC, as well as copies to the City of Kent Water Department. ANFEST 6 A E O R A Y O R I E S January 14, 2014 To: Sean Bauer City of Kent Public Works/Water Section 220 Fourth Ave S Kent, WA 98032 Re: Price Quote for Laboratory Analysis and Sampling Sean 1. AmTest will perform all of the routine bacterial sampling and analysis at a rate of$14 per sample and a flat fee of$200 per week for the sample collection process. Considering 18 samples per week four times per month, the total cost for the collection, analysis and reporting would be $21,696 per year. There would not be any price change for the second year of the contract. Additional drinking water prices are as follows: Parameter Price/Each Full IOC $ 175 vOC $ 100 Nitrates $ 15 TTHM's $ 65 HAA5's $ 85 Fluoride $ 10 SOC 525) $250 SOC 515 $ 150 NWTPH-Dx $ 65 Priority Pollutant Metals $ 100 1,4-Dioxane $250 TOC's $ 15 Mendo Plates $ 1.50 E. Coli (raw water-Ground Water Rule) $ 25 Nitrate/Nitrite total $15 HPC $15 Lead& Copper $ 15 Radium 228 $ 100 Radium 226 $ 100 Gross alpha/Gross Beta $ 75 If you have any questions or comments please feel free to contact me at 425-885-1664 or by email at aaroLiy@amtestlab.com Sincerely, Aaron W. Young Lab Manager EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. This page intentionally left blank. KENT Agenda Item: Consent Calendar - 7F TO: City Council DATE: February 18, 2014 SUBJECT: East Hill Well Motor Control Center & Generator Upgrades Project Completion - Accept MOTION: Accept the East Hill Well Motor Control Center & Generator Upgrades Project as complete and release retainage to Gary Harper Construction, Inc., upon receipt of standard releases from the state and the release of any liens. SUMMARY: This project included the installation of a generator to maintain site operations during periods of power outages and replacement of electrical infrastructure that was obsolete at the East Hill Well water source. The East Hill Well water source is a primary source for the Water Utility producing in excess of two million gallons per day to meet the water demands of the East Hill community. The contract is now complete and ready for Council acceptance. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: This project was funded from the Water Utility. This item did not need to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent Calendar - 7G TO: City Council DATE: February 18, 2014 SUBJECT: Zoning Code Landscape Provision Amendment Ordinance - Adopt MOTION: Move to adopt Ordinance No. , amending Section 15.07.060 of the Kent City Code to correct an error in Ordinance No. 4074. SUMMARY: On February 19, 2013, the Kent City Council adopted ordinance No. 4074, amending Chapter 15.07 of the Kent City Code (KCC), pertaining to landscaping regulations, along with ancillary revisions to portions of KCC Chapter 15.02. Ordinance No. 4074 erroneously omitted minor landscaping specifications that were discussed at the Land Use and Planning Board workshops on October 8, 2012 and November 26, 2012 and during the public hearings on January 14, 2013 and January 28, 2013. The Land Use and Planning Board recommended approval of the proposed amendments as presented, including that certain provision that was erroneously excluded form Ordinance No. 4074. The Economic and Community Development Committee considered the Land Use and Planning Board's recommendation at its February 11, 2013 meeting. Due to intervening technical corrections to the text of the ordinance, however, the proposed ordinance as presented to the Committee omitted minor landscaping specifications that the Board had approved. The Committee recommended approval of the proposed ordinance "as recommended by the Land Use and Planning Board." The Council approved the Economic and Community Development Committee and Land Use and Planning Board's recommendations at its February 19, 2013 meeting and subsequently adopted Ordinance No. 4074. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Ralph - Boyce - Thomas NAY: BUDGET IMPACTS: None This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 15.07.060 of the Kent City Code, to correct an error in Ordinance 4074. RECITALS A. On February 19, 2013, the Kent City Council adopted ordinance No. 4074, amending Chapter 15.07 of the Kent City Code (KCC), pertaining to landscaping regulations, along with ancillary revisions to portions of KCC Chapter 15.02. B. Ordinance No. 4074 erroneously omitted minor landscaping specifications that were discussed at the Land Use and Planning Board workshops on October 8, 2012 and November 26, 2012 and during the public hearings on January 14, 2013 and January 28, 2013. The Land Use and Planning Board recommended approval of the proposed amendments as presented, including that certain provision that was erroneously excluded from Ordinance No. 4074. C. The City's State Environmental Policy Act (SEPA) Responsible Official conducted an environmental analysis of the impacts of the 1 Amend Section 15.07.060 District Regulations proposed amendments and issued a Determination of Nonsignificance on November 26, 2012. D. The Economic and Community Development Committee considered the Land Use and Planning Board's recommendation at its February 11, 2013 meeting. Due to intervening technical corrections to the text of the ordinance, however, the proposed ordinance as presented to the Committee omitted minor landscaping specifications that the Board had approved. The Committee recommended approval of the proposed ordinance "as recommended by the Land Use and Planning Board." E. The Council approved the Economic and Community Development Committee and Land Use and Planning Board's recommendations at its February 19, 2013 meeting and subsequently adopted Ordinance No. 4074. F. The City Council now wishes to correct the erroneously excluded amendments to Section 15.07.060. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Section 15.07.060 of the Kent City Code is hereby amended as follows: Sec. 15.07.060. Regulations for Specific Districts. 2 Amend Section 15.07.060 District Regulations Minimum Perimeter Landscape Planter Width and Type Zones Abutting Additional Abutting Side Rear Residential Requirements Street Yard Yard District or Use SR-1 through N/A (see also N/A SR-8 KCC 12.04.245) MR-D N/A MR-G 10' Type III 10' Type II or 10' Type II or N/A, except for Open green area MR-T III III parking lots per shall occupy no MR-M KCC less than twenty- MR-H 15.07.040(B)(2) five (25) percent of the total lot area.A minimum of five (5) feet of foundation landscaping shall be placed along the perimeter of any multifamily structure. Foundation landscaping consists of shrubbery or some other combination of landscape materials that helps to reduce the visual bulk of structures and buffer dwelling units from light, glare, and other environmental intrusions. Additional requirements may apply through multifamily design review, KCC 15.09.045(D). MHP Requirements per Chapter 12.05 KCC CC 5' Type III N/A N/A 10' Type II,and N/A CM for parking lots GC per KCC O 15.07.040(B)(2) DC N/A A minimum of three (3) feet of landscaping to screen off-street parking areas, placement of which shall be 3 Amend Section 15.07.060 District Regulations Minimum Perimeter Landscape Planter Width and Type Zones Abutting Additional Abutting Side Rear Residential Requirements Street Yard Yard District or Use determined through the downtown design review process outlined in KCC 15.09.046. Additional landscaping or alternative methods of screening may be approved through downtown design review. DCE N/A 10' Type II, and A minimum of for parking lots three (3) feet of per KCC landscaping to 15.07.040(B)(2) screen off-street parking areas, placement of which shall be determined through the downtown design review process outlined in KCC 15.09.046. Additional landscaping or alternative methods of screening may be approved through downtown design review. MTC-11 MTC-22 VCR' MA 20' Type III in 15' Type II or N/A N/A, except for AG front yard III parking lots per M1 KCC 15.07.040(B)(2) M2 15' Type III in 10' Type II or N/A N/A, except for front yard III parking lots per KCC 15.07.040(B)(2) M3 10' Type III in 5' Type II or N/A N/A, except for 4 Amend Section 15.07.060 District Regulations Minimum Perimeter Landscape Planter Width and Type Zones Abutting Additional Abutting Side Rear Residential Requirements Street Yard Yard District or Use front yard III parking lots per KCC 15.07.040(B)(2) GWC 15' or 20' Type 5' or 15' Type 5' Type II or 10' Type II III° II or III5,6 III NCC 10' Type III 5' or 10' Type 5' Type II or 10' Type II II or III5,7 III 11VTC-1 additional landscaping requirements. Landscaping requirements shall be determined through the midway design review process outlined in KCC 12.01.040 and shall include the following to soften the appearance of parking areas and building elevation, and to provide separation between uses: (A) The perimeter of properties abutting a single-family residential or mobile home park land use shall be landscaped with a minimum of ten (10) feet of Type I landscaping. (B) The perimeter of properties abutting a multifamily residential land use shall be landscaped with a minimum of ten (10) feet of Type I landscaping. (C) The perimeter of properties abutting a public right-of-way shall be landscaped with a minimum of ten (10) feet of Type III landscaping. The following exceptions apply: (1) When a vehicular parking area abuts such setback, a Type III landscape strip with an average of twenty (20) feet in depth shall be provided. (2) When such setback is utilized as a public open space plaza and not accompanying parking, no perimeter landscaping strip shall be required. (3) When such setback is utilized as a public open space plaza and exceeds thirty (30) linear feet, street trees shall be provided as set forth in the 2009 Design and Construction Standards, or as the same may be subsequently amended. (D) The perimeter of side property lines shall be landscaped with a minimum of five (5) feet of Type III landscaping, unless the building is constructed at the build-to line or property line. 7MTC-2 additional landscaping requirements. Landscaping requirements shall be determined through the midway design review process outlined in KCC 12.01.040 and shall include the following to soften the appearance of parking areas, and building elevations, and to provide separation between uses: (A) The perimeter of properties abutting public parks, plazas,open space, or multi-purpose trails shall be landscaped with a minimum of ten (10) feet of Type III landscaping. (B) When a vehicular parking area abuts a public right-of-way, a Type III landscaping strip a minimum of five (5) feet in depth shall be provided. (C) When a vehicular parking area abuts the side property lines, a Type III landscaping strip a minimum of ten (10) feet in depth shall be provided. 3MCR additional landscape requirements. Landscaping requirements shall be determined through the midway design review process outlined in KCC 12.01.040 and shall include the following to soften the appearance of parking areas and building elevations, and to provide separation between uses: (A) When buildings abut the required front yard.a type III landscaping strip minimally ten (10) feet in depth shall be provided. (B) When vehicular parking area abuts a public right-of-way, a type III landscaping strip minimally fifteen (15) feet in depth shall be provided. (C) When vehicular parking area abuts the side property lines,a type III landscaping strip minimally ten (10) feet in depth shall be provided. 5 Amend Section 15.07.060 District Regulations Minimum Perimeter Landscape Planter Width and Type Zones Abutting Additional Abutting Side Rear Residential Requirements Street Yard Yard District or Use 'Where buildings abut the required front yard, a landscape strip at least fifteen (15) feet in depth shall be provided. Where vehicular parking areas abut the required front yard, a landscape strip at least twenty (20) feet in depth shall be provided. 5No landscaping along the side property lines shall be required between adjacent properties where a common, shared driveway with a perpetual cross-access easement is provided to serve the adjoining properties. 6A Type III landscape strip of at least fifteen (15) feet in depth shall be provided alongside property lines flanking the street of a corner lot. 7A Type III landscape strip of at least ten (10) feet in depth shall be provided alongside property lines flanking the street of a corner lot. SECTION 2, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 3, — Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTION 4, — Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. 6 Amend Section 15.07.060 District Regulations SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR 11PAT" FITZPATRICK, ACTING CITY ATTORNEY PASSED: day of 12014. APPROVED: day of 12014. PUBLISHED: day of 12014. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordi na nce\15.07.060.docx 7 Amend Section 15.07.060 District Regulations This page intentionally left blank. KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: February 18, 2014 SUBJECT: Reappointments to Human Service Commission - Confirm MOTION: Confirm Mayor Cooke's reappointment of Mike Heinisch, Bill Hallerman and Wade Schwartz to the Kent Human Services Commission for three-year terms. SUMMARY: Confirm reappointment of Mike Heinisch, Bill Hallerman and Wade Schwartz to the Kent Human Services Commission for three-year terms - ending January 1, 2017. Mike Heinisch has served on the Kent Human Services Commission for three years and this will mark his second term. Mike serves an important role on the commission representing local and regional human services agencies. Mike's understanding of local human service funding needs allow him to represent the community in Olympia advocating for the South County. Mike's second term will expire January 1, 2017. Bill Hallerman has served on the Kent Human Services Commission for three years. This will also be his second term. Bill is an expert in homelessness and housing, Bill educates the commission on those needs and effective solutions to help these fractions in our community. Bill's second term will expire January 1, 2017. Wade Schwartz has served one term on the Human Services Commission. This will mark Wade's second term, representing the business community - specifically those businesses in the downtown core. Wade is dedicated to the betterment of our community and has a strong interest in helping the homeless, senior citizens and members of our gay and lesbian community. Wade's second term will expire January 1, 2017. RECOMMENDED BY: Mayor Cooke BUDGET IMPACTS: None This page intentionally left blank. BIDS This page intentionally left blank. REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION This page intentionally left blank. CITY OF KENT City Council Meeting Agenda I�� mt U r rt m February 18, 2014 Mayor Suzette Cooke Darla Ralph, Council President Couneilr embers Jim Berrios Bill Boyce Dennis Higgins Deborah Ranniger Les Thomas s we CIFY CLERK y � This page intentionally left blank. KENT CITY COUNCIL AGENDAS KENT February 18, 2014 w s v ro Council Chambers Mayor Suzette Cooke Council President Dana Ralph Councilmember Jim Berrios Councilmember Bill Boyce Councilmember Dennis Higgins Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************* SPECIAL COUNCIL WORKSHOP AGENDA 5:00 P.M. Subiect Speaker Time Council Retreat Dana Ralph 10 min 2014 Top Departmental Issues Tom Brubaker 30 min B&O Project List Tim LaPorte 50 min COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC — Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Introduction of Human Service Commission Reappointees, Mike Heinisch, Bill Hallerman and Wade Schwartz D. Legislative Update E. Economic and Community Development Report F. Public Safety Report G. Council Appointment Process Update H. Intergovernmental Reports 5. PUBLIC HEARING 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meetings and Workshop — Approve B. Public Disclosure Administrator Position — Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED C. Ordinance Changing Council Workshop Meeting Time - Adopt D. Emergency Guardrail Repair Service Contract with Peterson Brothers, Inc. - Authorize E. Lab Sampling Agreement with Am Test, Inc. - Approve F. East Hill Well Motor Control Center & Generator Upgrades Project Completion - Accept G. Zoning Code Landscape Provision Amendment Ordinance — Adopt H. Reappointments to Human Service Commission - Confirm 8. OTHER BUSINESS 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. !. -i T nv D Od * 1D a _0 < nD d n N ;aa -0o-o o N co M m � � � m RI m 'w° o o � m m 3 0 � o M M m i x w � � � � a a ° way » co a o 0 M s a I a N v� S n - u�i n. 4 0 " m J o o ?. w m ^ m v; m O n ff n n 4 m J D rt rt o �; a m J m n 4 fD a rr a '< 01 n • VI S tt ^ U n oo<i 0 n Q 0 d C N J m m m J S o m < �E o E �D 'o `� j, to m m n m m o m -o m ,� a , Sao a J p N3 n_ Nn 7N7 G a n0 -iH (7 In p� UI rt N N N G O S ,�. N Q W.< ^ W`G rt O J O c M d n C o 0 o W n A n n N n 2 m '^ m D > - S � 4n O' ff O ^ J < O 3 m w < .. O n O J N N N 1 N O N C = N a tt C m O N O J C O ^a 1 7 N . < D 9 ^. J 3 N tin n 0 < ¢> � V m ti O c O = m Q ° v3 z• QL QL M V m O O � 3 0 v 3 v 3 0 W m 3 0 0 v 3 m Off � o o m o o m m a o o n ° w w o m s a 0 n � m s Gan d cP m '^ c N J - O m J Q d m � O m o � 1 3 3 M 3 a � I � a � � 1°. m W =, F I T a - a J m = a J O R a m � 3 < a J 13 3 J v, m Jn. 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COUNCIL WORKSHOP 1) Council Retreat 2) 2014 Top Departmental Issues 3) B&O Project List This page intentionally left blank. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) From Council, Administration, or Staff B) From the Public This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Introduction of Human Service Commission Reapppointees, Mike Heinisch, Bill Hallerman and Wade Schwartz D) Legislative Update E) Economic and Community Development Report F) Public Safety Report G) Council Appointment Process Update H) Intergovernmental Report This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT Agenda Item: Consent Calendar 7A CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through I. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of February 4, 2014 and the special Council meeting of February 11, 2014. This page intentionally left blank. This page intentionally left blank. 11 � KENT WASH IMJ T0N Kent City Council Workshop February 4, 2014 The meeting was called to order at 5:04 p.m. by Council President Ralph. Councilmembers present: Ralph, Boyce, Berrios, Higgins, Ranniger and Thomas 2014 Too Departmental Issues — Council President Ralph discussed the item and thanked the Department Directors for being present. Tom Brubaker, Interim Chief Administrative Officer highlighted the item and gave a general background. He encouraged Council to ask questions. He highlighted top departmental issues in his department, Administration/City Clerk's Office, and that two of them were briefly reviewed in the Operations Committee meeting. He stated that the five items are the 2015-2016 biennium budget, alignment and collaboration across departments, to establish policy direction for the economic development strategy and comprehensive plan, public disclosure requests, and records management. He noted that there will be a new finance director who will be busy learning City finances just as we begin this complex process. He discussed outreach across departments and establishing clear direction and vision for land use, zoning, and public infrastructure. He concluded and discussed public disclosure requests and records management. Margaret Yetter, Court Administrator discussed the new school zone cameras which became fully operational on January 6, 2014. She noted that in the first three weeks 649 tickets were filed with the court and automatically uploaded into the database. She noted that the court processes all hearing requests and payments. Councilmember Higgins inquired about how the number of citations compares to estimates and Yetter replied that there weren't any estimates prepared. Councilmember Berrios inquired which school zone was getting the most amount of tickets. Yetter stated she would check and inform the Council at a later date. Brubaker communicated that the City won't know for another year and a half what the baseline would be for this. Yetter continued and discussed online payments and stated that the fee to process online payments was five percent. She added that the City has received over 60 online payments in the first three weeks. Yetter discussed the court services contract with Maple Valley and said it is expiring. Councilmember Higgins verified that the contract could be extended for two more years and Yetter added that there are more cities who are considering utilizing Kent's court services. Councilmember Berrios communicated that the Maple Valley court services contract is a big deal and confirmed with Yetter that the capacity Kent has to take on additional cities depends on the size of the inquiring city. She said it would be possible to contract with an additional small city. Kent City Council Workshop Minutes February 4, 2014 Brubaker added that another city would want to use our prosecuting services, too. Yetter concluded that this year is the 20th Anniversary of th Kent Municipal Court. Pat Fitzpatrick, Acting City Attorney highlighted his four issues. He stated that the Law Department has overlap with several issues of other departments. He communicated that they are in the final implementation of their paperless prosecution system which is a resource saver and makes prosecution mobile. He continued and discussed the cable ordinance and said it hasn't been updated since 1993. He stated the ordinance will present what oversight level the City would have. He discussed public defense standards as the next top issue of the law department and noted that the proposed legislation mandates a case law limit of 400 and Kent's public defense attorney is handling more that that. He stated that that number is low and discussed the history of the standard. He noted that the system in Kent is outstanding, but there is a need for changes and that federal law states that public defense is constitutional. Council President Ralph inquired concerning King County hiring their contract public defenders and Fitzpatrick explained that they sued the County in an attempt to be full-time employees and included in the retirement system. Councilmember Berrios discussed the Mount Vernon ruling and Fitzpatrick added that they had a large quantity of cases and had a system which was not adequately representing the defendants. Fitzpatrick noted that on January 1, 2015 the standards will go into effect. Fitzpatrick continued and stated that the effects from the implementation of school zone safety cameras could cause a greater workload in his department, but estimated that after six months the tickets will drop off by 50 percent. Councilmember Berrios asked about excuses for contested tickets and Fitzpatrick said the statements have been things like I wasn't driving, I was driving the same speed of everyone else, etc. Councilmember Thomas stated that some of the reasoning for speed zone cameras was based on the speeds on 132nd. Lorraine Patterson, Human Resource Director discussed her four items. She highlighted healthcare and stated her department has begun discussions with the union on modifying current healthcare programs to avoid the federal healthcare tax. She also discussed the implementation of the new performance management system, Halogen and confirmed for Councilmember Boyce that the City was currently using PAGE. Councilmember Higgins verified that all supervisors will be held accountable when this new system is implemented. 2 Kent City Council Workshop Minutes February 4, 2014 Patterson confirmed with Councilmember Berrios that supervisors have time issues in completing performance evaluations because they are "working" supervisors. She stated that this system will allow for easier usage and that managers need to hold supervisors accountable for getting them done. Councilmember Berrios directed Patterson to establish a baseline now and measure how many are getting done after the new system is introduced. Patterson continued and discussed Lominger and said it brings a common language to describe work skills (recruiting, performance appraisals, job descriptions). Councilmember Berrios confirmed that the new performance management system was Halogen and the Lominger compentencies are included in that system. Councilmember Higgins communicated that every position at King County was taken and plugged into Lominger during an 18 month period. He stated the system was great. Patterson communicated that her next issue is to improve processes by utilizing LEAN to streamline the administration of medical leaves (FMLA/FCA/Disability/OJI). Mike Carrington, Information Technology Director communicated that the is a service support department. He communicated that public records technology enhancements are scheduled in 2014 for the technology supporting the City's ability to capture, store, retrieve, and package data for public disclosure requests. He communicated that the imaging system replacement is also scheduled for 2014 and it impacts the entire city and is a very complex/complicated undertaking. Councilmember Higgins inquired about when the bid would go out and Carrington communicated that there is a position in his department that needs to be filled first with room in the budget to support this. He communicated that this is based on system improvements in other cities and what is in existence now. Councilmember Boyce inquired about the "life cycle" and replied that this one is not in a high critical state, but it is at the end of life according to the budget. He stated that it has reached its 20 year lifecycle. Carrington, in response to Councilmember Boyce, communicated that he would provide him with a copy of the software lifecycle chart. Carrington continued that Valley Communications will be going live with their new dispatch system and Kent will be impacted in a big way from both a system user (Police and Regional Fire Authority) and support perspective. Carrington's next item was his department's support for mobility and personal device proliferation. He communicated that his department must stay ahead of the emerging and complex systems that are in use in the City. Councilmember Higgins inquired about City policy concerning mobile devices and Carrington replied that there are some standards and policies, but because of the changes in technology, the standards change. 3 Kent City Council Workshop Minutes February 4, 2014 Councilmember Higgins communicated that mobile device rates are high and there should be a discussion of what the policy is prior to there being an emergency and need to reduce wireless costs. Councilmember Berrios communicated that information technology seems to be on many of the departments top issues list and Carrington replied that he has meet with the department directors and IT impacts every department in the City. He added that because of the recession, departments have reduced staff and have turned to technology. He said he encourages department heads to go out and research IT improvements to their departments and bring them back to IT. However, there are things on hold because they aren't priorities. He said here is a high list of projects and they are prioritized based on staff. Councilmember Boyce communicated that the City does have some old systems and asked if there is a risk of losing all data in a major system. Carrington replied that two years ago that was a problem, but at this point in time there aren't any red light issues. He added that there are a number of interconnectivity issues that can breakdown, but it would be the issue of a partner organization. Ken Thomas, Police Chief communicated that his top issues are public trust, effectively dealing with the mentally ill, technology, and staffing. He said legitimacy with the community is an issue. Councilmember Higgins communicated that he did a great job with the community forums and Thomas replied that they will continue quarterly. He also noted that they are on Channel 21. Thomas communicated that over 50 percent of the City's in-custody population has mental health issues. He stated that they need to be handled effectively and respectully. He also noted that 60 - 70 percent of the commissioned, correction, and records staff are trained in Critical Incident Training (CIT) on how to deal with the mentally ill. He communicated that his department is working on how to effectively manage those with mental illnesses instead of just throwing them in jail. Councilmember Higgins communicated that he heard about the CIT training and is pleased about it. Thomas added that the biggest lawsuits in the state come from officers not knowing how to deal with the mentally ill. He added that pieces of the CIT training have been included into the department's training. Ralph communicated that there are facilites out there to move these peoople out of jail and into treatment facillities Thomas communicated that technology is a significant issue in his department and he and Mike Carrington are working hard to find solutions. He stated that the police use Veripic and the system failed just recently. Finally, he communicated that the department will work to fill other active positions back to active duty. He highlighted that there are 21 positions vacant due to officers in training and disability/administrative leave. 4 Kent City Council Workshop Minutes February 4, 2014 Councilmember Berrios discussed cohesiveness and working more to address issues like the Veripic issue. He added that it is a resource issue. Thomas noted that he has the list of pirorities that was provided to him by Carrington. Councilmember Boyce communicated that he would like to have a workshop to deal with IT and the ongoing list of priorities and issues. Paula Barry, Interim Finance Director discussed the retirement of Bob Nachlinger and the impact of her coming up to speed and the transition of new leadership once that position gets filled. Barry discussed the enhancements to the B&O tax processes, the ordinance, and the rules. She communicated that as the City approaches the first year anniversary of the B&O tax, the City has gained insight on how to streamline B&O tax processes and procedures. She stated that she is working with the Law Department, Administration, and Council to review recommended changes to those processes and reviewing filing frequency, exemptions, and deductions. Barry highlighted that the department is looking for ways to steamline the business license process and B&O tax functions through use of the LEAN process. She said during 2014 they will be determining if the systems in place have the capabilities to facilitate streamlining based on LEAN. Barry continued and discussed the use of technology to enhance customer service and provide more online services. She added that online services afford customers an easy way to handle their transactions and free up staff time allowing them to better serve customers. Councilmember Berrios communicated that the online B&O tax system works very well and Council President Ralph stated that this reporting period went a lot better. Ben Wolters, Economic and Community Development Director discussed his four items. He communicated that the citywide new Economic Development Stategy is in development and it will assist the Council with where it wants to go with the Comprehensive Plan. He communicated that his second item is the City Comprehensive plan update which is state mandated and due by July 2015. He discussed the City property disposition and development project and it continues. He noted that the process of identifying properties the city can sell for debt reduction is going on and there are some opportunities that will be brought to the Council in the future. He said this process takes up a big chunk of his department's time. He discussed the surge in economic development and permits and stated it is based on a bettering economy. He said last year the City did $700,000 to $750,000 in permit activity and expects the number to be about the same this year. He noted that the department did a LEAN process on permitting and is also looking at technology. He communicated that Carrington has also noted that the update of the KIVA system has been on the list for seven or eight years. He stated that he may have to go back to the Council for more resources in permitting, however, that the work on ECD is coming to fruition. He noted Trader Joes, IDS, and the other projects that are coming 5 Kent City Council Workshop Minutes February 4, 2014 down the line. Nonetheless, the challenge is where to place the resources in order to get the best return to create opportunities. Brubaker communicated that he met with Finance Director Barry this morning and there is a lot of need in the City. He stated that the police are 16 short on officers. He noted that the unstructured debt is $6 to $8 million and another $8 million in structured debt. He also discussed unexpected challenges and we need to be nimble to take advangate of them. He stated every department needs one or two people and larger departments could use more. He stated this will take balance and patience and closed by encouraging the Council to challenge the staff to see if it is spending the funds efficiently. Councilmember Berrios communicated that if the City is from an economic standpoint, turning the corner, the demand needs to be identified and the infrastructure needs to be paid attention to. Council President Ralph thanked the department directors for their presentations. The meeting adjourned at 6:15 p.m. Ronald F. Moore, MMC City Clerk 6 KENT Kent City Council Meeting February 4, 2014 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Ralph, Berrios, Boyce, Higgins, Ranniger, and Thomas. CHANGES TO THE AGENDA A. From Council, Administration, Staff - Council President Ralph replaced Public Communications, item C with 2014 Arts Commission grant recipients. Councilmember Higgins pulled item G from the Consent Calendar. Mayor Cooke pointed out that Lynn Bohart, the Arts Commission appointee, had a last minute emergency and was unable to make the meeting. Councilmember Ranniger communicated that she knows Lynn Bohart and worked with her at Renton Technical College. She stated that she is drawn to service and is an established mystery writer. She noted that she is creative and full of great ideas. B. From the Public — None. PUBLIC COMMUNICATIONS A. Public Recognition - None. B. Community Events - Councilmember Ranniger communicated that the Kent Severe Weather Sheltering Center is at the Kent Lutheran Church, 336 2nd Avenue South and open tonight through February 6. Mayor Cooke called on Rhonda Billerbeck, Program Manager and noted that Lynn Bohart couldn't make the meeting due to a last minute conflict. Mayor Cooke noted that she is still on the consent calendar. Billerbeck thanked the Council and presented 2014 Arts Commission grants to, At The Ridge Theater, Kent Senior Activity Center, and the Rainier Corrale. Mayor Cooke thanked all of the representatives for their efforts in the community. C. Arts Commission Grant Recipients for 2014 — Rhonda Billerbeck presented grants to, At The Ridge Theater, Kent Senior Activity Center, and the Rainier Corrale. D. Introduction of new Land Use and Planning Board Appointee, Katherine Jones and Re-appointee, Barbara Phillips - Mayor Cooke introduced Katherine Jones and Barbara Phillips. She noted that Jones resides in the Lakes and works for John L. Scott. Jones communicated that she has been a resident of Kent since 2006 and sat on the board of the cottage housing development project. She added that she also was involved in the Midway development. She said she has taken classes on Kent City Council Meeting Minutes February 4, 2014 green development and land use planning and is excited to bring some of those principles to the land use and planning board. Mayor Cooke communicated that this is Barbara Phillips' third term on the board. Phillips communicated that she continues on the board for the betterment of the City and is interested in transit on the west side. E. Intergovernmental Reports - Council President Ralph discussed the Regional Law Safety and Justice Committee meeting and that the entire discussion was on I- 502. She noted that there is an increase in police officers getting positive results for marijuana use in traffic stops. She added that admonitions of marijuana use from drivers has also increased and a message needs to go out that this is impaired driving. Councilmember Higgins attended the Sound Cities Association (SCA) Retreat and the day was spent imagining what the organzation would look like in 2020. Based on that discussion, it was decided that the organization needs to be more proactive instead of being reactive. He stated that doing that would mean more staff and assistance from member cities. The challenge, he said, is to determine how to make this happen by 2020. He added that there is a meeting going on right now concerning "Plan B" in the King County Council. One of the Plan B items is to increase car tabs to $60.00 and .5 more in sales tax. He added that the next Regional Transit Committee meeting is on the February 19. PUBLIC HEARINGS None. PUBLIC COMMENT 1. Richard Wilkinson, Kent - Wilkinson discussed the open Council seat and stated he thought the Council would choose Bailey Stober to fill the vacancy and was surprised there is a process. He said there are only six names now and supports the appointment of Bailey Stober to the open seat, noting Stober has shown voter confidence in the past election. He also said it will be interesting how many people will show up for the Mayor's State of the City Address and verified that it is still scheduled and will be recorded. He discussed the neighborhood council districts and said if they continue the Council should consider having councilmembers by geographical alignment instead of elected at large. 2. R.C. Sample, Kent - Sample congratulated Mayor Cooke, Councilmember Higgins, Councilmember Berrios for their election wins, and Council President Ralph on her presidency. He discussed the Par 3 golf course and stated that the departmental budgets have been increased by $250,000. He said selling the Par 3 doesn't cover the operating losses and presented specific questions to the Council. He gave special recognition to Interim Finance Director Paula Barry for answering his questions during the week. Council President Ralph highlighted the process for filling the Council vacancy. She pointed out that once an election is certified, it is complete, and the elected official 2 Kent City Council Meeting Minutes February 4, 2014 assumes office. She stated that the law reflects that the Council handles appointing a replacement. Council President Ralph communicated that the City Clerk is accepting applications until February 7 and that the qualifications of individuals will be done in executive session and after that the Council will announce who will be interviewed. Councilmember Ranniger communicated that this is an accepted protocol that has been in place for many, many years. Councilmember Boyce communicated that this is open and the process that was used when he was on the school board. Brubaker communicated that the special meetings will be on February 11 and February 25 and begin at 6:00 p.m. 3. Thomas L. Brice, Kent - Brice complimented the Council and stated that he is a member of the Par 3 Committee to save the Par 3 golf course. He noted that he previously submitted 1,500 signatures to the Council and wants them reviewed so they can see the various areas the petitioners represent. 4. Gwen Allen-Carston, Kent - Allen-Carston communicated that she is speaking as an individual, not as a representative of the Kent Black Action Commission. She inquired if this is the only option for the Council to get the council vacancy filled; pointing out that the state doesn't prescribe any specific procedure for filling the position. She added that there haven't been any prerequisites posted about the position and the average citizen doesn't understand how the process is run. She stated that there should be an open meeting to discuss this. She inquired if the public will be able to communicate and listen to the interviews that occur. She discussed code enforcement and the garbage on East Hill and inquired if she could be a junior code enforcement officer. 5. Mary Ann Hopkins, Kent - Hopkins stated that she has lived in Kent since 1971 and manages the Colony Park Apartments. She said it sits between the Riverbend driving range and golf course. She said that she has enjoyed nature over the years there and enjoyed the people who have used the course. She said the Par 3 course is a treasure and children learn how to play golf on it. She said over the years there have been countless users of the course and encouraged the Council to keep it. 1. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through I, with item G removed, seconded by Councilmember Thomas. Motion carried 6-0. A. Approval of Minutes. Minutes of the workshop and regular meeting of January 21, 2014, were approved. B. Approval of Bills . Payment of the bills received through November 30 and paid on November 30 after auditing by the Operations Committee on January 21, 2014. 3 Kent City Council Meeting Minutes February 4, 2014 C. Appointment to Arts Commission — Confirm. The Mayor's appointment is confirmed, of Lynn Bohart to the Kent Arts Commission. D. Appointments to Land Use and Planning Board — Confirm. The Mayor's appointment is confirmed, of Katherine Jones and reappointment of Barbara Phillips to the Land Use & Planning Board. E. Refunding 2004 Limited Tax General Obligation Bond Ordinance — Adopt. Move to adopt Ordinance No. 4103, approving the refunding of the 2004 Limited Tax General Obligation bonds. F. Budget Certification for Annexation Sales Tax Credit Resolution- Adopt. Move to adopt Resolution No. 1881, approving the certification of $4,230,777 for the Panther Lake annexation sales tax credit for the period July 1, 2014 through June 30, 2015. G. Emergency Guardrail Repair Service Contract with Peterson Brothers, Inc. — Authorize. The Mayor is authorized to sign a contract with Petersen Brothers Construction, Inc. to perform emergency repairs of damaged guardrails on an as needed basis in an amount not to exceed $20,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. 2013 Crack Sealing Proiect Completion — Accept. Accept the 2012 Crack Sealing Project as complete and release retainage to C.R. Contracting, upon receipt of standard releases from the state and the release of any liens. I. Oakleigh I & II Bill of Sale- Accept. Accept the Bill of Sale for the Oakleigh I & II project, permit 2071420, for 28 gate valves, 5 hydrants, and 3,816 linear feet of waterline; 17 sanitary sewer manholes, and 2,747 linear feet of sanitary sewerline; near feet of new curb and gutter, 272 linear feet of new sidewalk, 2 street lights, and 6 street trees; 1 storm sewer catch basin, and 320 linear feet of storm sewerline. OTHER BUSINESS A. Financial policy Resolution. - Mayor Cooke noted that she appointed Paula Barry as interim Finance Director yesterday. Paula Barry, Interim Finance Director communicated what the proposed ordinance consisted of. She noted resolution amends the city's financial policies by clarifying the requirements and available uses for the city's Strategic Opportunities Fund, first, by confirming that non-recurring revenues only be applied to non-recurring expenses, and second, by confirming that monies will not be spent out of this fund unless the council first approves the expenditure. She noted that this also adds a governmental funds reserve. She communicated that the greatest volitility was in the amount of $15 million during the recession and noted that the aspirational goal in this would be to have double the greatest fluctuation amount, or $30 million. 4 Kent City Council Meeting Minutes February 4, 2014 Brubaker communicated that these revisions were proposed by the Council and have been drafted so the money can't be moved without Council approval. Ranniger communicated the issue of reserves has come up for several years and $30 million is the aspirational goal. She inquired where the $30 million was sitting and what would it be used for. Barry explained that the $30 million is derived from access budgets over the years to come. Brubaker communicated that the City has fluctuating funds, such as REET and sales tax revenue, and based on them, the greatest volatility over the years was $15 million. He stated that this volatility occurred during the recession and this aspirational goal would be double it, $30 million, in the event of another recession. Ranniger communicated that her goal was to ensure the public knew that these funds would be spread out among funds and not sitting in one pot to be expended on one item at one time. Mayor Cooke pointed out that the City's top priority is to pay down debt and stated she doesn't want the audience to think we have a surplus. She stated that the irony is that the City is still waiting on the state to mitigate funds concerning sales tax. She noted that it is still growing. She further communicated that these funds are temporary and the City has a $9 million revenue stream from the state each year and this $30 million goal will be an very large aspirational goal for the future. Brubaker further explained that the City has a great need and there is currently a ten percent reserve fund. He said he would like to have more than that and if this goal is achieved the City the Council can decide what it will be used for at that time. Councilmember Thomas moved to adopt Resolution No. 1880 repealing Resolution No. 1859 amending financial policies to be used for guidance when enacting and amending the city budget, seconded by Councilmember Higgins. Motion carried 6-0. BIDS None. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Ralph discussed the workshop and noted that department directors highlighted their top four issues. She added that this discussion will be how the Council puts together their priorities and policies and that there is a lot of need, especially in information technology. She added that a motion was also passed in operations concerning moving the start time of Council workshops to 5:00 p.m. B. Mayor. Mayor Cooke discussed working with Chief Ken Thomas on the Coalition on Gangs. She highlighted the discussions at the meeting. She noted that local cities are 5 Kent City Council Meeting Minutes February 4, 2014 working together and speaking the same "language" now. She asked that Council President Ralph determine a time when the findings of the coalition can be presented to the Council. She communicated that she testified in Olympia concerning I-502 and there are several revisions to the legislation being proposed. She added there are proposals to change the tax allocations; however, she noted; Kent would receive no funds from the implementation of I-502. She said she testified that enforcement takes place on the City level so it would make sense to have the funds go to the cities. Additionally, she testified that a look should be taken at Colorado for a better way to allocate funds from marijuana processing. She also noted that she didn't make any suggestion concerning the Council's support or opposition to this item. Mayor Cooke added that she spoke in favor of the formation of the King County Transportation Benefit District (TBD) based on the fact that there is a lack of funding for transportation projects. She noted that there is no funding coming to Kent for street maintenance and a reduction of transit services coming to Kent. She added that she signed a letter of support for the TBD and executed it as the Mayor, not as a representative of the Council. C. Administration. No report. D. Economic & Community Development Committee. Councilmember Boyce communicated that the next Economic and Development Committee meeting is Monday, February 10 at 5:00 p.m. E. Operations Committee. Councilmember Thomas communicated that the report is in the minutes. He also urged the public to vote. He discussed several events going on at the ShoWare Center to include the Globetrotters and The BeeGees on March 7. He discussed Allen-Carston's comments and stated that the Council can implement its own criteria for the Council vacancy. He stated that the only experience the Council has had with this when Councilmember O'Brien passed away. He noted that the process has been announced in the paper, website, television, and at council meetings. He stated there are a lot of candidates. He also noted that he agrees with Allen- Carston on code enforcement and stated that the City relies on volunteers. F. Parks and Human Services Committee. Councilmember Ranniger communicated that the next meeting of the Parks and Human Services Committee is February 20 at 5:00 p.m. G. Public Safety Committee. Councilmember Berrios said he will be meeting with Police Chief Thomas on February 5 to determine the next meeting date and time of the Public Safety Committee. H. Public Works Committee. Councilmember Higgins reported that there have been two Public Works Committee meetings since the last Council meeting. He announced that discussion has begun on the B&O project list and it will be discussed at a future Council workshop. He added that there is a significant amount of levy work continuing and received a report about an idea for some downtown improvements including street lighting and a quiet zone. Additionally, there was discussion about a a possible local improvement district. He stated there was also a presentation concerning increasing 6 Kent City Council Meeting Minutes February 4, 2014 the fines for littering in Kent. He concluded that there was discussion on all the improvements done by the City staff and contractors in 2013 throughout the City. I. Regional Fire Authority. Councilmember Thomas communicated that Mike Denbo is the new chair of the Regional Fire Authority (RFA) and Councilmember Higgins is vice chair. He also announced that the stated that the RFA passed their 2013 audit with no findings. EXECUTIVE SESSION None. ADJOURNMENT The meeting adjourned at 8:10 p.m. Ronald F. Moore, MMC City Clerk 7 This page intentionally left blank. KENT Kent City Council Special Meeting February 11, 2014 The regular meeting of the Kent City Council was called to order at 6:01 p.m. by Mayor Cooke. Councilmembers present: Berrios, Boyce, Higgins, Ralph, Ranniger, and Thomas. OPENING REMARKS Mayor Cooke noted that the 38 applications will be reviewed in executive session and the finalists chosen will be interviewed by the Council on February 25, 2014. Council President Ralph discussed the application process and how the meeting would proceed. EXECUTIVE SESSION At 6:10 p.m., Mayor Cooke announced that the Council would recess into an Executive Session for one hour to discuss the qualifications of a candidate for appointment to elective office per RCW 42.30.110(1)(h). At 7:12 p.m., the Executive Session concluded and Mayor Cooke reconvened the regular meeting. RECESS At 7:13 p.m., Mayor Cooke called for a five minute recess. At 7:18 p.m., Mayor Cooke reconvened the regular meeting. ACTION AFTER EXECUTIVE SESSION Councilmember Higgins commented that the process of choosing from the list of well qualified applicants was hard and that at least a dozen of the applicants are well qualified. He encouraged those that weren't chosen to stay involved with City activities and highlighted several ways to stay active in local government. Council President Ralph thanked the applicants for applying and also encouraged the applicants to stay involved in government. Councilmember Thomas moved to advance the following candidates to an interview to fill the vacant Council Position #6 on February 25, 2014, Jed Aldridge, Christine Budell, Brenda Fincher, Barbara Phillips, Debra Raplee, David Schwartz, and Sarah Veele, seconded by Councilmember Boyce. Motion carried 6-0. ADJOURNMENT The meeting adjourned at 7:27 p.m. Ronald F. Moore, MMC City Clerk 40. KF14 Agenda Item: Consent Calendar - 7B TO: City Council DATE: February 18, 2014 SUBJECT: Public Disclosure Administrator Position - Authorize MOTION: Authorize the Mayor to add a Public Disclosure Administrator position to the City Clerk's Office, including a budget adjustment of $11,408, and freeze the position of Deputy City Clerk until further notice. SUMMARY: The purpose of this item is to create a position for and hire a Public Disclosure Administrator within the current FTE count for the City Clerk's Office. The Records Management Administrator is responsible for both the public disclosure request process and all records management in the City Clerk's Office. On September 30, 2013, the Deputy City Clerk retired and the position has been vacant since then. The current deputy city clerk position is more administrative in nature. Overall, in the City Clerk's Office, the need for a deputy city clerk is much lower than the need for two highly skilled positions performing records management and public disclosure work. Therefore, the records management duties from the deputy city clerk should be moved to the records management position and the public disclosure duties should be removed and placed in a new position, Public Disclosure Administrator. Furthermore, City Clerk's Office is now responsible for the redacting of exempt documents in the processing of public disclosure requests. The number of requests and complexity of public disclosure requests has grown through the years, i.e. there were 781 requests in 2007 versus 1,688 in 2013, with over 1,000 pertaining to police records. RECOMMENDED BY: Operations Committee YEA: Thomas - Boyce - Ralph NAY: BUDGET IMPACT: The budget impact of this ordinance is an increase in the City Clerk's budget of $11,408 per year. This page intentionally left blank. KENT ° Agenda Item: Consent Calendar - 7C TO: City Council DATE: February 18, 2014 SUBJECT: Ordinance Changing Council Workshop Time - Adopt MOTION: Move to adopt Ordinance No. , amending Section 2.01.020 of the Kent City Code to change the Council workshop meeting time to 5:00 p.m. on all regular Council meeting days except when the regular Council meeting occurs at 5:00 p.m. SUMMARY: This Ordinance changes the Council workshop meeting time to 5:00 p.m. on days in which Council meetings occur at 7:00 p.m. in an effort to provide for more time to discuss complex issues and concerns brought before the Council. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Ralph - Thomas - Boyce NAY: BUDGET IMPACTS: None This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 2.01.020 of the Kent City Code to change the regular Council workshop meeting time to 5:00 p.m. on all days in which Council meetings occur at 7:00 p.m. RECITALS A. On July 7, 2009, the Council adopted ordinance No. 3923, that amended section 2.01.020 of the Kent City Code to identify two Council meetings where the Kent City Council would meet at an earlier 5:00 p.m. meeting time, and that established and affirmed a regular Council workshop to occur at 5:30 p.m. on all regular Council meeting days except when a regular Council meeting occurred at 5:00 p.m. B. The Council now wishes to amend the code to change the time in which regular Council workshops are scheduled to occur to 5:00 p.m. on all regular Council meeting days except when a regular Council meeting occurs at 5:00 p.m. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Council Workshop Regular Meeting Time ORDINANCE SECTION 1. -Amendment. Sec. 2.01.020 of the Kent City Code is amended to read as follows: Sec. 2.01.020. City council meetings. A. Meeting location. The regular and other meetings of the city council shall be held in the council chambers at the City Hall unless otherwise designated by majority of the city council at a regular or special meeting. B. Regular meeting date and time. The regular meetings shall be held on the first and third Tuesday of each month, except that during the month of December of each year, there shall be only one (1) regular council meeting to be held on the second Tuesday of said month. If a regular meeting occurs on a legal holiday, the meeting shall be held on the next business day at the same hour. Regular meetings shall convene at 7:00 p.m., except that the regular meeting scheduled for the first Tuesday in August and the first Tuesday in November shall be held at 5:00 p.m. C. Special meetings. Special meetings shall be held as provided by law at such times as may be designated. D. Council workshops. Council will hold workshops to discuss pending local and regional issues at 5:30 p.Fn5:00 p.m. on each regular council meeting day, except when a regular or special council meeting occurs at or before 5:30 p.m. Although typically no final action is expected to occur at these workshops, they do constitute regular council meetings and are 2 Council Workshop Regular Meeting Time subject to all the rights and limitations available to council at any regular meeting. SECTION 2, — Savings. The existing portions of Section 2.01.020 of the Kent City Code which are repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 3, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 4, — SeverabilitY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTIONS. — Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK 3 Council Workshop Regular Meeting Time APPROVED AS TO FORM: ARTHUR 11PAT" FITZPATRICK, ACTING CITY ATTORNEY PASSED: day of 12014. APPROVED: day of 12014. PUBLISHED: day of 12014. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P\0v,1\0b,nan,,\C,una1 wo k,noo M,M,n9 rma doa 4 Council Workshop Regular Meeting Time This page intentionally left blank. KENT Agenda Item: Consent Calendar- 7D TO: City Council DATE: February 18, 2014 SUBJECT: Emergency Guardrail Repair Service Contract with Peterson Brothers, Inc. - Authorize MOTION: Authorize the Mayor to sign a service agreement with Petersen Brothers Construction, Inc. to perform emergency repairs of damaged guardrails on an as needed basis in an amount not to exceed $20,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The city typically has several guardrails that are damaged or destroyed each year by vehicles due to severe weather or inattentive drivers. In the past we have spent time soliciting bids for each repair. Petersen Brothers is the only business that consistently responds and at this time is the sole provider for this service in the region. We are requesting the approval of this agreement to be able to expedite repairs. EXHIBITS: RECOMMENDED BY: Public Works Committee YEA: Berrios - Ralph - Higgins NAY: BUDGET IMPACTS: Funds would be made available by Council through the use of Business and Occupation Tax. KENT PUBLIC WORKS AGREEMENT between City of Kent and Petersen Brothers, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Petersen Brothers, Inc. organized under the laws of the State of Washington, located and doing business at 2008 East Valley Highway, Sumner, WA 98390, Phone: (253) 833-2544/Fax: (253) 863-5951, Contact: Ronald Petersen (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: The Contractor shall repair damaged guardrail on an on-call basis. Upon nofication, the Contractor agrees to submit a proposal for each guardrail repair to the City. The City will evaluate each proposal and approve the work prior to commencement of work. For a description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by December 31, 2014. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Twenty Thousand Dollars ($20,000.00). Applicable Washington State Retail Sales Tax on this contract shall be governed by WAC 458-20-171 and its related rules for the work contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. PUBLIC WORKS AGREEMENT - 1 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B. Retainaae. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. PUBLIC WORKS AGREEMENT - 2 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue, E. The Contractor has registered its business and established, an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the PUBLIC WORKS AGREEMENT - 3 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. PUBLIC WORKS AGREEMENT - 4 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. PUBLIC WORKS AGREEMENT - 5 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or PUBLIC WORKS AGREEMENT - 6 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. PUBLIC WORKS AGREEMENT - 7 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: Petersen Brothers, Inc. CITY OF KENT: i4j, By: /' By: (signature) (signature) Print Name: Ronald G. Petersen Print Name: Suzette Cooke Its President Its Mayor (title) DATE: 2-12-14 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Ronald Petersen Timothy J. LaPorte, P.E. Petersen Brothers, Inc. City of Kent 2008 East Valley Highway 220 Fourth Avenue South Sumner, WA 98390 Kent, WA 98032 (253) 833-2544 (telephone) (253) 856-5500 (telephone) (253) 863-5951 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Paa,s ,Brothers-2014 On call Guartlrail/Thomxs PUBLIC WORKS AGREEMENT - 8 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1, I have read the attached City of Kent administrative policy number 1,2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. far°l' Ronald G. Petersen For: Petersen Brothers Inc. Title: President Date:2-12-14 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Petersen Brothers Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as On-Call Guardrail Repair that was entered into on the (date), between the firm I represent and the City of Kent I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: Ronald G. Petersen For: Petersen Brothers Inc Title: President Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Scope of Work: The contractor shall, upon notice from the City, submit a proposal for guardrail repair. The repairs may vary in nature and price depending on the location and severity of the damage. Each quote shall contain an itemized list of materials to be replaced along with labor and equipment. The City will evaluate each proposal and accept or reject it, notifying the contractor of its decision. The total amount authorized for this agreement shall not exceed $20,000, including Washington State sales tax. EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Page 1 of 17 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, workers wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 2/5/2014 Count Trade Job Classification Wage lHoliday Overtimel Note King Asbestos Abatement Workers Journey Level $41.69 5D 1H King Boilermakers Journey Level $62.34 5N 1C King Brick Mason Brick And Block Finisher $43.26 5A 1M King Brick Mason Journey Level $50.12 5A 1M King Brick Mason Pointer-Caulker-Cleaner $50.12 5A 1M King Building Service Employees Janitor $20.59 5S 2F King Building Service Employees Traveling Waxer/Shampooer $21.001 5S 2F King Building Service Employees Window Cleaner (Non-Scaffold) $24.29 5S 2F King Building Service Employees Window Cleaner (Scaffold) $25.15 5S 2F King Cabinet Makers fin Shop) Journey Level $22.74 1 King Carpenters Acoustical Worker $50.82 5D 1M King Carpenters Bridge, Dock And Wharf $50.82 5D 1M Carpenters King Carpenters Carpenter $50.821 5D 1M King Carpenters Carpenters on Stationary Tools $50.95 5D 1M King Carpenters Creosoted Material $50.92 5D 1M King Carpenters Floor Finisher $50:82 5D 1M King Carpenters Floor Layer $50.82 5D 1M King Carpenters Scaffold Erector $50.82 5D 1M King Cement Masons Journey Level $51.18 7A 1M King Divers £t Tenders Diver $100.28 SD 1M 8A King Divers&Tenders Diver On Standby $56.68 5D 1M King Divers & Tenders Diver Tender $52.23 5D 1M King Divers a Tenders Surface Rcv & Rov Operator $52.23 5D 1M King Divers &Tenders Surface Rev & Rov Operator $48.67 5A 1B Tender King Dredge Workers Assistant Engineer $53.00 5D 3F King Dredge Workers Assistant Mate (Dockhand) $52.58 5D 3F https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 2 of 17 King Dredge Workers Boatmen $52.30N5D 3F King Dredge Workers Engineer Welder $54.04 3F King Dredge Workers Leverman, Hydraulic $55..17 3F King Dredge Workers Mates $52.30 3F King Dredge Workers Oiler $52.58 3F King Drywall Applicaor Journey Level $50.82 1 H King Drnroall Tapers Journey Level $49.79 1 E King Electrical Fixture Maintenance Journey Level $25.34 5L 1E Workers King Electricians - Inside Cable Splicer $64.24 7C 2W King Electricians - Inside Cable Splicer (tunnel) $69.07 7C 2W King Electricians - Inside Certified Welder $62.04 7C 2W King Electricians - Inside Certified Welder (tunnel) $66.65 7C 2W King Electricians - Inside Construction Stock Person __$34.191 7C 2W King Electricians - Inside Journey Level $59.85 7C 2W King Electricians - Inside Journey Level (tunnel) $64.24 7C 2W King Electricians - Motor Shop Craftsman $15.37 1 King Electricians - Motor Shop Journey Level $14.69 1 King Electricians - Powerline Cable Splicer $66.43 5A 4A Construction King Electricians - Powerline Certified Line Welder $60.75 5A 4A Construction King Electricians - Powertine Groundperson $42.36 SA 4A Construction King Electricians - Powerline Heavy Line Equipment $60.75 5A 4A Construction Operator King Electricians - Powertine Journey Level Lineperson $60.75 5A 4A Construction King Electricians - Powerline Line Equipment Operator $51.05 5A 4A Construction King Etectricians - Powerline Pole Sprayer $60.75 5A 4A Construction King Electricians - Powerline Powderperson $45.39 5A 4A Construction King Electronic Technicians Journey Level $31.00 1 King Elevator Constructors Mechanic $77.70T 7D 4A King Elevator Constructors Mechanic In Charge $84.24 7D 4A King Fabricated Precast Concrete All Classifications - In-Factory $14.60 5B 2K Products Work Only King Fence Erectors Fence Erector $15.18 1 King Flaggers Journey Level $35.34 7A 2Y King Glaziers Journey Level $53.76 7L 1Y King Heat Et Frost Insulators And Journeyman $58.93 5J 1s Asbestos Workers King Heating Equipment Mechanics Journey Level $69.37 7F 1 E King Hod Carriers 8 Mason Tenders Journey Level $42.99 7A 2Y King Industrial Power Vacuum Journey Level $9.32 1 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 3 of 17 Cteaner King Inland Boatmen Boat Operator $52.51 5B 1K King Inland Boatmen Cook $48.89 5B 1K King Inland Boatmen Deckhand $49.13 5B iK King Inland Boatmen Deckhand Engineer $50.12 5B 1K King Inland Boatmen Launch Operator $51.34 5B 1K King Inland Boatmen Mate $51.34 5B 1K King Insuection(Cleaning/Sealing Of Cleaner Operator, Foamer $31.49 1 Sewer 8 Water Systems By Operator Remote Control King Inspection/Cleaning/Sealing Of Grout Truck Operator $11.48 1 Sewer a Water Systems By Remote Control King nspection/Cleaning/Seating Of Head Operator $24.91 1 Sewer rt Water Systems By Remote Control King Inspection/Cleaning/Sealing Of Technician $19.33 1 Sewer & Water Systems By Remote Control King Inspection/Cleaning/Sealing Of Tv Truck Operator $20.45 1 Sewer a Water Systems By Remote Control King Insulation Applicators Journey Level $50.82 5D 1M King Ironworkers Journeyman $59.77 7N 10 King Laborers Air, Gas Or Electric Vibrating $41.69 7A 2Y Screed King Laborers Airtrac Dritt Operator $42.99 7A 2Y King Laborers Ballast Regular Machine $41.69 7A 2Y King Laborers Batch Weighman $35.34 7A 2Y King Laborers Brick Pavers $41.691 7A 2Y King Laborers Brush Cutter $41.69 7A 2Y King Laborers Brush Hog Feeder $41.69 7A 2Y King Laborers Burner $41.69 7A 2Y King Laborers Caisson Worker $42.99 7A 2Y King Laborers Carpenter Tender $41.69 7A 2Y King Laborers Caulker $41.69 7A 2Y King Laborers Cement Dumper-paving $42.46 7A 2Y King Laborers Cement Finisher Tender $41.69 7A 2Y King Laborers Change House Or Dry Shack $41.69 7A 2Y King Laborers Chipping Gun (under 30 Lbs.)J$42.46 R7A2y King Laborers Chipping Gun(30 Lbs. And Over) King Laborers Choker Setter King Laborers Chuck Tender King Laborers Clary Power Spreader King Laborers Ctean-up Laborer King Laborers Concrete Dumper/chute https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 2/5/2014 Page 4of17 Operator King Laborers Concrete Form Stripper $41.69 7A 2Y King Laborers Concrete Placement Crew $42,46 7A 2Y King Laborers Concrete Saw Operator/core _ $42.46 7A 2Y Driller King Laborers Crusher Feeder $35.34 7A 2Y King Laborers Curing Laborer .$41.69 7A 2Y King Laborers Demolition: Wrecking Et Moving $41.69 7A 2Y (incl. Charred Material) King Laborers Ditch Digger $41.69 7A 2Y King Laborers Diver $42.99 7A 2Y King Laborers Drill Operator $42.46 7A 2Y (hydraulic,diamond) King Laborers Dry Stack Watts $41.69 7A 2Y King Laborers Dump Person $41.69 7A 2Y King Laborers Epoxy Technician $41.69 7A 2Y King Laborers Erosion Control Worker $41.69 7A 2Y King Laborers Faller @ Bucker Chain Saw $42.46 7A 2Y King Laborers Fine Graders $41.69 7A 2Y King Laborers Firewatch $35.34 7A 2Y King Laborers Form Setter $41.69 7A 2Y King Laborers Gabian Basket Builders $41.69 7A 2Y King Laborers General Laborer $41.69 7A 2Y King Laborers Grade Checker &Transit $42.99 7A 2Y Person King Laborers Grinders $41.69 7A 2Y King Laborers Grout Machine Tender $41.691 7A 2Y King Laborers Groutmen (pressure)including $42.46 7A 2Y Post Tension Beams King Laborers Guardrail Erector $41.69 7A 2Y King Laborers Hazardous Waste Worker (level $42.99 7A 2Y A) King Laborers Hazardous Waste Worker (level $42.46 7A 2Y B) King Laborers Hazardous Waste Worker (level $41.69 7A 2Y C) King Laborers High Scaler $42.99 7A 2Y King Laborers Jackhammer $42.46 7A 2Y King Laborers Laserbeam Operator $42.46 7A 2Y King Laborers Maintenance Person $41.69 7A 2Y King Laborers Manhole Builder-mudman $42.46 7A 2Y King Laborers Material Yard Person $41.69 7A 2Y King Laborers Motorman-dinky Locomotive $42.46 7A 2Y King Laborers Nozzleman (concrete Pump, $42.46 7A 2Y Green Cutter When Using Combination Of High Pressure Air & Water On Concrete @ https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 2/5/2014 Page 5 of 17 Rock, Sandblast, Gunite, Shotcrete, Water Bla King Laborers Pavement Breaker r$42,46 7A 2Y King Laborers Pilot Car 7A 2Y King Laborers Pipe Layer Lead 7A 2Y King Laborers Pipe Layer/tailor 7A 2Y King Laborers Pipe Pot Tender 7A 2Y King Laborers Pipe Reliner 7A 2Y King Laborers Pipe Wrapper $42.461 7A 2Y King Laborers Pot Tender $41.69 7A 2Y King Laborers Powderman r$42.99 7A 2Y King Laborers Powderman's Helper 7A 2Y King Laborers Power Jacks 7A 2Y King Laborers Railroad Spike Puller - Power 7A 2Y King Laborers Raker - Asphalt 7A 2Y King Laborers Re-timberman 7A 2Y King Laborers Remote Equipment Operator $42.46 7A 2Y King Laborers Rigger/signal Person $42.46 7A 2Y King Laborers Rip Rap Person $41.69 7A 2Y King Laborers Rivet Buster $42.46 7A 2Y King Laborers Rodder $42.4637A :2YKing Laborers Scaffold Erector $41.69King Laborers Scale Person $41.69King Laborers Sloper (over 20") $42.46King Laborers SloperSprayer $41.69King Laborers Spreader (concrete) $42.46 King Laborers Stake Hopper $41.69 7A 2Y King Laborers Stock Piler $41.69 7A 2Y King Laborers Tamper Fx Similar Electric, Air $42.46 7A 2Y Ft Gas Operated Tools King Laborers Tamper (multiple B Self- $42.46 7A 2Y propelled) King Laborers Timber Person - Sewer (lagger, $42.46 7A 2Y Sharer 8 Cribber) King Laborers Toolroom Person (at Jobsite) $41.69 7A 2Y King Laborers Topper $41.69 7A 2Y King Laborers Track Laborer $41.69 7A 2Y King Laborers Track Liner (power) $42.46 7A 2Y King Laborers Traffic Control Laborer $37.79 7A 2Y SR King Laborers Traffic Control Supervisor $37.79 7A 2Y 8R King Laborers Truck Spotter $41.69 7A 2Y King Laborers Tugger Operator $42.46 7A 2Y King Laborers Tunnel Work-Compressed Air $60.06 7A 2Y S Worker 0-30 psi King Laborers Tunnel Work-Compressed Air $65.09 7A 2Y https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 6 of 17 Worker 30.01-44.00 psi King Laborers Tunnel Work-Compressed Air $68.77 7A 2Y 5—q Worker 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air $74.47 7A 2Y 8S Worker 54.01-60.00 psi King Laborers Tunnel Work-Compressed Air $76.59 7A 2Y 8S Worker 60.01-64.00 psi King Laborers Tunnel Work-Compressed Air $81.69 7A 2Y 8D Worker 64.01-68.00 psi King Laborers Tunnel Work-Compressed Air $83.59 7A 2Y 8g Worker 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air $85.59 7A 1H S Worker 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air $87.59 7A 1H s Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock $43.09 7A 2Y 8D Tender King Laborers Tunnel Work-Miner $43.09j 7A ZY Q King Laborers Vibrator $42.46 7A 2Y King Laborers Vinyl Seamer $41.69 7A 2Y King Laborers Watchman $32.12 7A 2Y King Laborers Welder $42.46 7A 2Y King Laborers Well Point Laborer $42.46 7A 2Y King Laborers Window Washer/cleaner $32.12 7A 2Y King Laborers - Underground Sewer General Laborer Et Topman $41.69 7A 2Y D Water King Laborers - Underground Sewer Pipe Layer $42.46 7A 2Y Et Water King Landscape Construction Irrigation Or Lawn Sprinkler $13.56 1 Installers King Landscape Construction Landscape Equipment $28.17 1 Operators Or Truck Drivers King Landscape Construction Landscaping or Planting $17.87 1 Laborers King Lathers Journey Level $50.82 5D 1H King Marble Setters Journey Level $50.12 5A 1M King Metal Fabrication (In Shop) Fitter $15.86 1 King Metal Fabrication (in Shop) Laborer $9.78 1 King Metal Fabrication (in Shop) Machine Operator $13.04 1 King Metal Fabrication (In Shop) Painter $11.10 1 King Metal Fabrication (In Shop) Welder $15.48 1 King Millwright Journey Level $51.92 5D 1M King Modular Buildings Cabinet Assembly 1$9.'40 1 King Modular Buildings Electrician 1 King Modular Buildings Equipment Maintenance 1 King Modular Buildings Plumber 1 King Modular Buildings Production Worker 1 https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 2/5/2014 Page 7 of 17 King Modular Buildings Tool Maintenance $11.561 1 1 King Modular Buildings Utility Person $11.561 1 1 King Modular Buildings Welder $11.56 1 King Painters Journey Level $36.64 6Z 2B King Pile Driver Journey Level $51.07 5D 1M King Plasterers Journey Level $49.29 Z_Q 1 R King Playground & Park Equipment Journey Level $9.32 1 Instatlers King Plumbers it Pipefitters Journey Level $72.69 6Z 1G King Power Equipment Operators Asphalt Plant Operators $53.49 7A 3C 8P King Power Equipment Operators Assistant Engineer $50.221 7A 3C 8P King Power Equipment Operators Barrier Machine (zipper) $53.00 7A 3C 8P King Pourer Equipment Operators Batch Plant Operator, $53.00 7A 3C 8P Concrete King Power Equipment Operators Bobcat $50.22 7A 3C 8P King Power Equipment Operators Brokk- Remote Demolition $50.22 7A 3C 8P Equipment King Power Equipment Operators Brooms $50.22 7A I 3C 8P King Power Equipment Operators Bump Cutter $53.001 7A I 3C 8P King Power Equipment Operators Cableways $53.49 7A 3C 8P King Power Equipment Operators Chipper $53.00 7A 3C 8P King Power Equipment Operators Compressor $50.22 7A 3C SP King Power Equipment Operators Concrete Pump: Truck Mount F50. 7A 3C 8P With Boom Attachment Over 42 M King Power Equipment Operators Concrete Finish Machine -laser 7A 3C 8P Screed King Power Equipment Operators Concrete Pump - Mounted Or 7A 3C 8P Trailer High Pressure Line Pump, Pump High Pressure. King Power Equipment Operato s Concrete Pump: Truck Mount $53.00 7A 3C 8P With Boom Attachment Up To 42m King Power Equipment Operators Conveyors $52.58 7A I 3C 8P King Power Equipment Operators Cranes: 20 Tons Through 44 $53.00 7A 3C 8P Tons With Attachments King Power Equipment Operators Cranes: 100 Tons Through 199 $54.04 7A 3C 8P Tons, Or 150'Of Boom (Including Jib With Attachments) King Power Equipment Operators Cranes: 200 Tons To 300 Tons, $54.61 7A 3C 8P Or 250' Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: 45 Tons Through 99 $53.49 7A 3C 8P Tons, Under 150' Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: A-frame - 10 Tons And $50.22 7A 3C 8P Under https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 2/5/2014 ...._........ . . Page 8 of 17 King Power Equipment Operators Cranes: Friction 100 Tons $54.61 7A 3C 8P Through 199 Tons King Power Equipment Operators Cranes: Friction Over 200 Tons $55.17 7A 3C 8P King Power Equipment Operators Cranes: Over 300 Tons Or 300' $55.17 7A 3C 8P Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: Through 19 Tons With $52.58 7A 3C 8P Attachments A-frame Over 10 Tons King Power Equipment Operators Crusher $53.00 7A 3C 8P King Power Equipment Operators Deck Engineer/deck Winches $53.00 7A 3C 8P (power) King Power Equipment Operators Derricks, On Building Work $53.49 7A 3C 8P King Power Equipment Operators Dozers D-9 Ft Under $52.58 7A 3C 8P King Power Equipment Operators Drill Oilers: Auger Type, Truck $52.58 7A 3C 8P Or Crane Mount King Pmv Equipment Operators Drilling Machine $53.00 7A 3C 8P King Pourer Equipment Operators Elevator And Man-lift: $50.22 7A 3C 8P Permanent And Shaft Type King Power Equipment Operators Finishing Machine, Bidwell And $53.00 7A 3C 8P Gamaco 8 Similar Equipment King Power Equipment Operators Forklift: 3000 Lbs And Over $52.58 7A 3C SP With Attachments King Power Equipment Operators Forklifts: Under 3000 Lbs. With $50.22 7A 3C 8P Attachments King Power Equipment Operators Grade Engineer: Using Blue $53.00 7A 3C . 8P Prints, Cut Sheets, Etc King Power Equipment Operators Gradechecker/stakeman $50.22 7A 3C 8P King Power Equipment Operators Guardrail Punch $53.00 7A 3C 8P King Power Equipment Operators Hard Tail End Dump' $53.49 7A 3C 8P Articulating Off- Road Equipment 45 Yards. 8 Over King Power Equipment Operators Hard Tail End Dump $53.00 7A 3C 8P Articulating Off-road Equipment Under 45 Yards King Power Equipment Operators Horizontal/directional Drill $52.58 7A 3C 8P Locator King Power Equipment Operators Horizontal/directional Drill $53.00 7A 3C 8P Operator King Pawer Equipment Operators Hydralifts/boom Trucks Over $52.58 7A 3C 8P 10 Tons King Power Equipment Operators Hydralifts/boom Trucks, 10 $50.22 7A 3C 8P Tons And Under King Power Equipment Operators Loader, Overhead 8 Yards. Ft $54.04 7A 3C 8P Over King Power Equipment Operators Loader, Overhead, 6 Yards. But $53.49 7A 3C 8P Not Including 8 Yards King Power Equipment Operators Loaders, Overhead Under 6 $53.00 . 7A 3C 8P Yards https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 9 of 17 King Power Equipment Operators Loaders, Plant Feed $53.00 7A 3C 8P King Power Equipment Operators Loaders: Elevating Type Belt $52.58 7A 3C 8P King Power Equipment Operators Locomotives, All $53.00 7A 3C 8P King Power Equipment Operators Material Transfer Device $53.00 7A 3C 8P King Power Equipment Operators Mechanics, All (leadmen - $54.04 7A 3C 8P $0.50 Per Hour Over Mechanic) King Power Equipment Operators Motor Patrol Grader- Non- $52.58 7A 3C 8P finishing King Power Equipment Operators Motor Patrol Graders, Finishing $53.49 7A 3C 8P King Power Equipment Operators Mucking Machine, Mole, Tunnel $53.49 7A 3C 8P Drill, Boring, Road Header And/or Shield King Power Equipment Operators Oil Distributors, Blower $50.22 7A 3C 8P Distribution Ex Mulch Seeding Operator King Power Equipment Operators Outside Hoists (elevators And $52.58 7A 3C SP Manlifts), Air Tuggers,strato King Power Equioment Operators Overhead, Bridge Type Crane: $53.00 7A 3C 8P 20 Tons Through 44 Tons King Power Equipment Operators Overhead, Bridge Type: 100 $54.04 7A 3C 8P Tons And Over King Power Equipment Operators Overhead, Bridge Type: 45 $53.49 7A 3C 8P Tons Through 99 Tons King Power Equipment Operators Pavement Breaker $50.22 7A 3C 8P King Power Equipment Operators Pile Driver (other Than Crane $53.00 7A 3C 8P Mount) King Power Equipment Operators Plant Oiler - Asphalt, Crusher $52.58 7A 3C 8P King Power Equipment Operators Posthole Digger, Mechanical $50.22 7A 3C 8P King Power Equioment Operators Power Plant $50.221 7A 3C 8P King Power Equipment Operators Pumps - Water $50.221 7A 3C 8P King Power Equipment Operators Quad 9, Hd 41, D10 And Over $53.49 7A 3C 8P King Power Equipment Operators Quick Tower- No Cab, Under $50.22 7A 3C 8P 100 Feet In Height Based To Boom King Power Equipment Operators Remote Control Operator On $53.49 7A 3C 8P Rubber Tired Earth Moving Equipment King Power Equipment Operators Rigger And Bellman $50.22 7A 3C 8P King Power Equipment Operators Rollagon $53.49 7A 3C 8P King Power Equipment Operators Roller, Other Than Plant Mix $50.22 7A 3C 8P King Power Equipment Operators Roller, Plant Mix Or Multi-lift $52.58 7A 3C 8P Materials King Power Equipment Operators Roto-mill, Roto-grinder $53.00 7A 3C 8P King Power Equipment Operators Saws - Concrete $52.58 7A 3C 1 8P King Power Equipment Operators Scraper, Self Propelled Under $53.00 7A 3C 8P 45 Yards King Power Equipment Operators Scrapers - Concrete Ft Carry All 1 $52.58 7A 3C 8P King Power Equipment Operators Scrapers, Self-propelled: 45 $53.49 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 10 of 17 Yards And Over King Power Equipment Operators Service Engineers - Equipment $52.58 7A 3C 8P King Power Equipment Operators Shotcrete/gunite Equipment $50.22 7A 3C 8P King Power Equipment Operators Shovel , Excavator, Backhoe, $52.58 7A 3C 8P Tractors Under 15 Metric Tons. King Power Equipment Operators Shovel, Excavator, Backhoe: $53.49 7A 3C 8P Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes, $53.00 7A 3C 8P Tractors: 15 To 30 Metric Tons King Power Equipment Ooerators Shovel, Excavator, Backhoes: $54.04 7A 3C 8P Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes: $54.61 7A 3C 8P Over 90 Metric Tons King Power Equipment Operators Slipform Pavers $53.49 7A 3C 8P King Power Equipment Operators Spreader, Topsider& $53.49 7A 3C 8P Screedman King Power Equipment Operators Subgrader Trimmer $53.00 7A 3C 8P King Power Equipment Operators Tower Bucket Elevators $52.581 7A 3C 8P King Power Equipment Operators Tower Crane Over 175'in $54.61 7A 3C 8P Height, Base To Boom King Power Equipment Operators Tower Crane Up To 175' In $54.04 7A 3C 8P Height Base To Boom King Power Equipment Operators Transporters, All Track Or $53.49 7A 3C 8P Truck Type King Power Equipment Operators Trenching Machines $52.58 7A 3C 8P King Power Equipment Operators Truck Crane Oiler/driver - 100 $53.00 7A 3C 8P Tons And Over King Power Equipment Operators Truck Crane Oiler/driver Under $52.58 7A 3C 8P 100 Tons King Power Equipment Operators Truck Mount Portable Conveyor $53.00 7A 3C 8P King Power Equipment Operators Welder $53.49 7A 3C 8P King Power Equipment Operators Wheel Tractors, Farmall Type $50.22 7A 3C 8P King Power Equipment Operators Yo Yo Pay Dozer $53,00 7A 3C 8P King Power Equipment Operators- Asphalt Plant Operators $53.49 7A 3C 8P Underground Sewer a Water King Power Equipment operators- Assistant Engineer $50.22 7A 3C 8P Underground Sewer 8 Water King Power Equipment Operators- Barrier Machine (zipper) $53.00 7A 3C 8P Underground Sewer Ft Water King Power Equipment Operators- Batch Plant Operator, $53.00 7A 3C 8P Underground Sewer $ Water Concrete King Power Equipment Operators- Bobcat $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Brokk - Remote Demolition $50.22 7A 3C 8P Underground Sewer 8 Water Equipment King Power Equipment Operators- . Brooms $50.22 7A 3C SP Underground Sewer& Water https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 11 of 17 King Power Equipment Operators- Bump Cutter $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Cableways $53.49 7A 3C SP , Underground Sewer a Water King Power Equipment Operators- Chipper $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Compressor $50.22 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Concrete Pump: Truck Mount $53.49 7A 3C 8P Underground Sewer a Water With Boom Attachment Over 42 M King Power Equipment Operators- Concrete Finish Machine -laser $50.22 7A 3C 8P Underground Sewer a Water Screed King Power Equipment Operators- Concrete Pump - Mounted Or $52.58 7A 3C 8P Underground Sewer a Water Trailer High Pressure Line Pump, Pump High Pressure. King Power Equipment Operators- Concrete Pump: Truck Mount $53.00 7A 3C SP Underground Sewer a Water With Boom Attachment Up To 42m King Power Equipment Operators- Conveyors $52.58 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Cranes: 20 Tons Through 44 $53.00 7A 3C 8P Underground Sewer a Water Tons With Attachments King Power Equipment Operators- Cranes: 100 Tons Through 199 $54.04 7A 3C 8P Underground Sewer a Water Tans, Or 150' Of Boom (Including Jib With Attachments) King Power Equipment Operators- Cranes: 200 Tons To 300 Tons, $54.61 7A 3C 8P Underground Sewer a Water Or 250'Of Boom (including Jib With Attachments) King Power Equipment Operators- Cranes: 45 Tons Through 99 $53.49 7A 3C 8P Underground Sewer a Water Tons, Under 150' Of Boom (including Jib With Attachments) King Power Equipment Operators- Cranes: A-frame - 10 Tons And $50.22 7A 3C SP Underground Sewer a Water Under King Power Equipment Operators- Cranes: Friction 100 Tons $54.61 7A 3C 8P Underground Sewer Et Water Through 199 Tons King Power Equipment Operators- Cranes: Friction Over 200 Tons $55.17 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Cranes: Over 300 Tans Or 300' $55.17 7A 3C 8P Underground Sewer a Water Of Boom (including Jib With Attachments) King Power Equipment Operators- Cranes: Through 19 Tons With $52.58 7A 3C 8P Underground Sewer a Water Attachments A-frame Over 10 Tons King Power Equipment Operators- Crusher $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Deck Engineer/deck Winches $53.00 7A 3C 8P Underground Sewer a Water (power) King Power Equipment Operators- Derricks, On Building Work $53.49 7A 3C 8P https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 2/5/2014 Page 12 of 17 Underground Sewer EL Water King Power Equipment Operators- Dozers D-9 Et Under $52.58 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Drill Oilers: Auger Type, Truck $52.58 7A 3C 8P Underground Sewer & Water Or Crane Mount King Power Equipment Operators- Drilling Machine $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Elevator And Man-lift: $50.22 7A 3C 8P Underground Sewer a Water Permanent And Shaft Type King Power Equipment Operators- Finishing Machine, Bidwell And $53.00 7A 3C 8P Underground Sewer &Water Gamaco &Similar Equipment King Power Equipment Operators- Forklift: 3000 Lbs And Over $52.58 7A 3C 8P Underground Sewer &Water With Attachments King Power Equipment Operators- Forklifts: Under 3000 Lbs. With $50.22 7A 3C 8P Underground Sewer&Water Attachments King Power Equipment Operators- Grade Engineer: Using Blue $53.00 7A 3C 8P Underground Sewer &Water Prints, Cut Sheets, Etc King Power Equipment Operators- Gradechecker/stakeman $50.22 7A 3C 8P Underground Sewer &Water King Power Equipment Operators- Guardrail Punch $53,00 7A 3C 8P Underground Sewer &Water King Power Equipment Operators- Hard Tail End Dump $53.49 7A 3C 8P Underground Sewer a Water Articulating Off- Road Equipment 45 Yards. & Over King Power Equipment Operators- Hard Tail End Dump $53.00 7A 3C 8P Underground Sewer & Water Articulating Off-road Equipment Under 45 Yards King Power Equipment Operators- Horizontal/directional Drill $52.58 7A 3C 8P Underground Sewer a Water Locator King Power Equipment Operators Horizontal/directional Drill $53.00 7A 3C 8P Underground Sewer &Water Operator King Power Equipment Operators- Hydralifts/boom Trucks Over $52.58 7A 3C 8P Underground Sewer a Water 10 Tons King Power Equipment Operators- Hydralifts/boom Trucks, 10 $50.22 7A 3C 8P Underground Sewer a Water Tons And Under King Power Equipment Operators- Loader, Overhead 8 Yards. Et $54.04 7A 3C 8P Underground Sewer & Water Over King Power Equipment Operators- Loader, Overhead, 6 Yards. But $53.49 7A 3C 8P Underground Sewer a Water Not Including 8 Yards King Power Equipment Operators- Loaders, Overhead Under 6 $53.00 7A 3C 8P Underground Sewer &Water Yards King Power Equipment Operators- Loaders, Plant Feed $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Loaders: Elevating Type Belt $52.58 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Locomotives, All $53.00 7A 3C 8P Underground Sewer &Water King Power Equipment Operators- Material Transfer Device $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Mechanics, All (leadmen - $54.04 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 13 of 17 Underground Sewer Et Water $0.50 Per Hour Over Mechanic) King Power Equipment Operators- Motor Patrol Grader- Non-, $52.58 7A 3C 8P Underground Sewer Et Water finishing King Power Equipment Operators- Motor Patrol Graders, Finishing $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Mucking Machine, Mole, Tunnel $53.49 7A 3C 8P Underground Sewer Et Water Drill, Boring, Road Header And/or Shield King Power Equipment Operators- Oil Distributors, Blower $50.22 7A 3C 8P Underground Sewer a Water Distribution 8 Mulch Seeding Operator King Power Equipment Operators- Outside Hoists (elevators And $52.58 7A 3C 8P Underground Sewer a Water Manlifts), Air Tuggers,strato King Power Equipment Operators- Overhead, Bridge Type Crane: $53.00 7A 3C 8P Underground Sewer &Water 20 Tons Through 44 Tons King Power Equipment Operators- Overhead, Bridge Type: 100 $54.04 7A 3C 8P Underground Sewer Et Water Tons And Over King Power Equipment Operators- Overhead, Bridge Type: 45 $53.49 7A 3C 8P Underground Sewer Et Water Tons Through 99 Tons King Power Equipment Operators- Pavement Breaker $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pile Driver (other Than Crane $53.00 7A 3C 8P Underground Sewer E Water Mount) King Power Equipment Operators- Plant Oiler- Asphalt, Crusher $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Posthole Digger, Mechanical $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Power Plant $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pumps -Water $50.22 7A 3C 8P Underground Sewer 8 Water King Power Equipment Operators- Quad 9, Hd 41, D10 And Over $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Quick Tower- No Cab, Under $50.22 7A 3C 813 Underground Sewer Et Water 100 Feet In Height Based To Boom King Power Equipment Operators- Remote Control Operator On $53.49 7A 3C 8P Underground Sewer Et Water Rubber Tired Earth Moving Equipment King Power Equipment Operators- Rigger And BeUman $50.22 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Rollagon $53.49 7A 3C 8P Underground Sewer 8 Water King Power Equipment Operators- Roller, Other Than Plant Mix $50.22 7A EC 8P Underground Sewer 8 Water King Power Equipment Operators Roller, Plant Mix Or Multi-lift $52.58 7A 3C 8P Underground Sewer a Water Materials King Power Equipment Operators- Roto-milt, Roto-grinder $53.00 7A 3C SP Underground Sewer Et Water King Power Equipment Operators- Saws - Concrete $52.58 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 14 of 17 Underground Sewer a Water King Power Equipment Operators- Scraper, Self Propelled Under $53.00 7A 3C 8P Underground Sewer a Water 45 Yards King Power Equipment Operators- Scrapers - Concrete Et Carry All $52.58 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Scrapers, Self-propelled: 45 $53.49 7A 3C 8P tlndergrOUnd Sewer a Water Yards And Over King Power Equipment Operators- Service Engineers - Equipment $52.58 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Shotcrete/gunite Equipment $50.22 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Shovel , Excavator, Backhoe, $52.58 7A 3C 8P Underground Sewer a Water Tractors Under 15 Metric Tons. King Power Equipment Operators- Shovel, Excavator, Backhoe: $53.49 7A 3C 8P Underground Sewer a Water Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes, $53.00 7A 3C 8P Underground Sewer a Water Tractors: 15 To 30 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: $54.04 7A 3C 8P Underground Sewer a Water Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: $54.61 7A 3C 8P Underground Sewer a Water Over 90 Metric Tons King Power Equipment Operators- Slipform Pavers $53.49 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Spreader, Topsider a $53.49 7A 3C 8P Underground Sewer a Water Screedman King Power Equipment Operators- Subgrader Trimmer $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Tower Bucket Elevators $52.58 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Tower Crane Over 175'in $54.61 7A 3C 8P Underground Sewer a Water Height, Base To Boom King Power Equipment Operators- Tower Crane Up To 175' In $54.04 7A 3C 8P Underground Sewer a Water Height Base To Boom King Power Equioment Goerators- Transporters, All Track Or $53.49 7A 3C 8P Underground Sewer a Water Truck Type King Power Equipment Operators- Trenching Machines $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Truck Crane Oiler/driver- 100 $53.00 7A 3C 8P Underground Sewer Et Water Tons And Over King Power Equipment Operators- Truck Crane Oiler/driver Under $52.58 7A 3C 8P Underground Sewer a Water 100 Tons King Power Equipment Operators- Truck Mount Portable Conveyor $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Welder $53.49 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Wheel Tractors, Farmall Type $50.22 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Yo Yo Pay Dozer $53.00 7A 3C 8P https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 2/5/2014 Page 15 of 17 Underground Sewer 8 Water King Power Line Clearance Tree Journey Level In Charge $43.76 5A 4A Trimmers King Power Line Clearance Tree Spray Person $41.51 5A 4A Trimmers King Power Line Clearance Tree Tree Equipment Operator $43.76 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer $39.10 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer Groundperson $29.44 5A 4A Trimmers King Refrigeration Ft Air Journey Level $71.46 6Z 1G Conditioning Mechanics King Residential Brick Mason Journey Level $50.12 5A iM King Residential Carpenters Journey Level $28.20 1 King Residential Cement Masons Journey Level $22.64 1 King Residential Drywall Applicators Journey Level $39.62 5D 1M King Residential Drywall Tapers Journey Level $49.79 5P 1 E King Residential Electricians Journey Level $30.44 1 King Residentiat Glaziers Journey Level $35.10 71- 1 H King Residential Insulation Journey Level $26.28 1 Applicators King Residential Laborers Journey Level !$23.03 King Residential Marble Setters Journey Level 09 King Residential Painters Journey Level 46 King Residential Plumbers Et Journey Level 69 1 Pipefitters King Residential Refrigeration £t Air Journey Level $71.46 6Z 1G Conditioning Mechanics King Residential Sheet Metat Journey Level (Field or Shop) $41.84 7F 1R Workers King Residential Soft Floor Lavers Journey Level $42.151 5A I 3D King Residential Sprinkler Fitters Journey Level $40.81 5C 2R (Fire Protection) King Residential Stone Masons Journey Level $50.12 5A 1M King Residential Terrazzo Workers Journey Level $46.96 5A 1M King Residentiat Terrazzo/Tile Journey Level $21.46 1 Finishers King Residentiat Tile Setters Journey Level $25.17 1 King Roofers Journey Level $44.21 5A 111 King Roofers Using Irritable Bituminous $47.21 5A 1 R Materials King Sheet Metal Workers Journey Level (Field or Shop) $69.37 7F 1E King Shipbuilding g Ship Repair Boilermaker $39.66 7M 111 King Shipbuitding a Ship Repair Carpenter $38.24 70 3B King Shipbuilding 8 Ship Repair Electrician $37.82 70 3B King Shipbuilding a Ship Repair Heat Et Frost Insulator $58.93 5J is https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 2/5/2014 Page 16 of 17 King Shipbuilding & Ship Repair Laborer $36.781 70 I 3B King Shipbuilding & Ship Repair Machinist $37.81 70 3B King Shipbuilding & Ship Repair Operator $40.15 70 3B King Shipbuilding & Ship Repair Painter $37.79 70 3B King Shipbuilding & Ship Repair Pipefitter $37.77 7O 3B King Shipbuilding & Ship Repair Rigger $37.76 70 3B King Shipbuilding & Ship Repair Sandblaster $36.78 70 3B King Shipbuilding & Ship Repair Sheet Metal $37.741 7O 3B King Shipbuilding a Ship Repair Shipfitter $37.76 70 3B King Shipbuilding Ft Ship Repair Trucker $37.59 70 3B King Shipbuilding Ft Ship Repair Warehouse $37.65 70 3B King Shipbuitding & Ship Repair Welder/Burner $37.76 70 3B King Sign Makers Ct Installers Sign Installer $22.92 1 (Electrical - King Sign Makers & Installers Sign Maker $21.36 1 tElectncall King Sign Makers & Installers (Non- Sign Installer $27.28 1 Electrical) King Sign Makers a installers (Non- Sign Maker $33.25 1 ElectricaU King Soft Floor Lavers Journey Level $42.15 5A 3D King Solar Controls For Windows Journey Level $12.44 1 King Sprinkler Fitters (Fire Journey Level $69.59 5C 1X Protection) King Stage Rigging Mechanics (Non Journey Level $13.23 1 Structural) King Stone Masons Journey Level $50A2 5A 1M King Street And Parking Lot Journey Level $19.09 1 Sweeper Workers King Survevors Assistant Construction Site $52.58 7A 3C 8P Surveyor King Surveyors Chainman $52.06 7A 3C 8P King Survevors Construction Site Surveyor $53.49 7A 3C 8P King Tetecommunication Journey Level $22.76 1 Technicians King Telephone Line Construction - Cable Splicer $36.01 5A 2B Outside King Telephone Line Construction - Hole Digger/Ground Person $20.05 5A 2B Outside King Telephone Line Construction - Installer (Repairer) $34.50 5A 2B Outside King Telephone Line Construction - Special Aparatus Installer I $36.01 5A 2B Outside King Telephone Line Construction - Special Apparatus Installer11 $35.27 5A 2B Outside King Telephone Line Construction - Telephone Equipment Operator $36.01 5A 2B Outside (Heavy) King Telephone Line Construction - Telephone Equipment Operator $33.47 5A 2B https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 17 of 17 Outside (Light) King Telephone Line Construction - Telephone Lineperson $33.47 5A 2B Outside King Telephone Line Construction - Television Groundperson $19.04 5A 2B Outside King Telephone Line Construction - Television Lineperson/Installer $25.27 5A 2B Outside King Telephone Line Construction - Television System Technician $30.20 5A 2B Outside King Telephone Line Construction - Television Technician $27.09 5A 2B Outside King Telephone Line Construction - Tree Trimmer $33.47 5A 2B Outside King Terrazzo Workers Journey Level $46.96 5A 1M King Tile Setters Journey Level $21.65 1 King Tile, Marble &Terrazzo Finisher $37.79 5A 1 B Finishers King Traffic Control Stripers Journey Level $42.33 7A 1K King Truck Drivers Asphalt Mix Over 16 Yards (W. $47.91 5D 3A 8L WA-Joint Council 28) King Truck Drivers Asphalt Mix To 16 Yards (W. $47.07 5D 3A 8L WA-Joint Council 28) King Truck Drivers Dump Truck Ft Trailer $47.91 5D 3A 81- King Truck Drivers Dump Truck (W. WA-Joint $47.017 5D 3A 81 Council 28) King Truck Drivers Other Trucks (W. WA-Joint $47.91 5D 3A 8L Council 28) King Truck Drivers Transit Mixer $43.23 1 King Well Drillers 8 Irrigation Pump Irrigation Pump Installer $17.71 1 Installers King Well Drillers 8t Irrigation Pump Oiler $12.97 1 Installers King Well Drillers & Irrigation Pump Well Driller $18.00 1 Installers https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 ------------- Benefit Code Key—Effective 8-31-2013 thru 3-4-2014 #############x•#####m#####x#:r##aax:###++:#axax##sa�sr.a:*a:+sarxtera#x##a:*a::exa:a::=xmxa:a:za:a::�a:m###s:r.#+ama#r+#x#ra+min.# Overtime Codes Overtime calculations are based on the hourly rate actually paid to the worker.On public works projects,the hourly rate must be not less than the prevailing rate of wage minus the hourly rate of the cost of ftinge benefits actually provided for the worker, 1. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-IIALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. The first two(2)hours after eight(8)regular hours Monday through Friday and the first ten(10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. D. The first two(2)hours before or after a five-eight(8)horn workweek day or a four-ten(10)hour workweek day and the first eight(8) hours worked the next day after either workweek shall be paid at one and one-half times the hourly rate of wage.All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. The first two (2)hours after eight(8)regular hours Monday tbrough Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. The first two(2) hours after eight(8)regular hours Monday through Friday and the first ten(10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked,except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. G. The first ten(10) hours worked on Saturdays and the first ten (10) hours worked on a fifth calendar weekday in a four-ten hour schedule, shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10)hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at doable the hourly rate of wage. H. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment breakdown)shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday - through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. L All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. J. The first two (2)hours after eight(8)regular horns Monday.tlrough Friday and the first ten (10)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over ten (10) hours Monday through Saturday,Sundays and holidays shall be paid at double the hourly rate of wage. K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. M. All hours worked on Saturday's (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 1 Benefit Code Key—Effective 8-31-2013 thru 3-4-2014 1. N. All hours worked on Saturdays (except makeup days) shall be paid at one and one-half times the hourly rate of wage.All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. O. The first ten (10) hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays,holidays and after twelve(12)hours,Monday through Friday and after ten(10)horns on Saturday shall be paid at double the hourly rate of wage. P. All hours worked on Saturdays(except makeup days if circumstances warrant) and Sundays shall be paid at one and one-half times the hourly rate of wage.All hours worked on holidays shall be paid at double the hourly rate of wage. Q. The first two (2) hours- after eight (8) regular hoes Monday through Friday and up to ten (10) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten(10) hours per day Monday through Saturday and all hours worked on Sundays and holidays(except Christmas day)shall be paid at double the hourly rate of wage. All hours worked on Christmas day shall be paid at two and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage. S. "Pile first two(2) hours attar eight(8) regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the Hourly rate of wage. All hours worked on holidays and all other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage, All hours worked on Labor Day shall be paid at three times the hourly rate of wage. V. All hours worked on Sundays and holidays(except Thanksgiving Day and Christmas day) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at double the hourly rate of wage. W. All hours worked on Saturdays and Sundays (except make-up days due to conditions beyond the control of the employer)) shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage'. X. The first four (4) hours alter eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage.All hours worked over twelve (12) hours Monday through Saturday,Sundays and holidays shall be paid at double the hourly rate of wage. When holiday falls on Saturday or Sunday, the day before Saturday, Friday,and the day after Sunday,Monday,shall be considered the holiday mid all work performed shall be paid at double the hourly rate of wage. Y. All hours worked outside the hours of 5:00 nm and 5:00 pm (or such other hours as may be agreed upon by any employer and the employee)and all hours worked in excess of eight(8)hours per day(10 hours per day for a 4 x 10 workweek)and on Saturdays and holidays(except labor day) shall be paid at one and one-half times the hourly rate of wage. (except for employees who are absent from work without prior approval on a scheduled workday during the workweek shall be paid at the straight-time rate until they have worked 8 hours in a day (10 in a 4 x 10 workweek)or 40 hours during that workweek.)All hours worked Monday through Saturday over twelve(12)hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage. Z. All hours worked on Saturdays and Sundays shall be paid atone and one-half times the hourly rate of wage.All hoes worked on holidays shall be paid the straight time rate of,pay in addition to holiday pay. 2 Benefit Code Key—Effective 8-31-2013 thru 3-4-2014 2 ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE, B. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. C. All hotus worked on Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at two times the hourly rate of wage. F. The first eight(8)hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay.All hours worked in excess of eight(8)hours on holidays shall be paid at double the hourly rate of wage. G. All hours worked on Sunday shall be paid at two times the hourly rate of wage.All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. H. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage.. K. All hours worked on holidays shall be paid at two times the hourly rate of wage in addition to the holiday pay. 0. All hours worked on Sundays and holidays shall be paid at one and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays and all hours worked over sixty(60)in one week shall be paid at double the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the Booty rate of waga.All hours worked over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage. W. The first two(2)hours after eight(8)regular hours Monday through Friday and the fist eight(8)hours on Saturday shall be paid atone and one-half times the hourly rate of wage. All Other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten-hour weekly schedule,either Monday thru Thursday or Tuesday thm Friday schedule,all hours worked after ten shall be paid at double the hourly rate of wage.The first eight(8)hours worked on the fifth day Shall be paid at one and one-half times the hourly rate of wage.All other hours worked on the fifth,sixth,and seventh days and on holidays shall be paid at double the hourly rate of wage. Y. All louts worked on Saturdays(except for make-up days)shall be paid at one and one-half times the hourly rate of wage.All hours worked Monday through Saturday over twelve(12)hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 3. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)1d0'URS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when four ten(10) hour shifts are established,or forty(40)hours of straight time per week,Monday through Friday,or outside the normal shift,and all work or Saturdays shall be paid at time and one-half the straight time rate.Hours worked over twelve hours(12)in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday and holidays shall be.paid at double the straight time rate of pay.Any shift starting between the hours of 6:00 pm and midnight shall receive an additional one dollar($1.00)per hour for all hours worked that shift.The employer shall have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations.After an employee has worked eight(8)hours at an applicable overtime rate,all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8)lours or more. 3 Benefit Code I(ey—Effective B-31-2013 thru 3-4-2014 3. B. The first four(4)hours after eight(8)regular hours Monday through Friday and the first twelve(12)hours on Saturday shall be paid at one and one-half times the hourly rate of wage.All hours worked over twelve(12)hours Monday through Saturday,and all boars worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when four ten(10) hour shifts are established,or forty(40)hours of straight time per week,Monday through Friday,or outside the normal shift,and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays shall be paid at double the hourly rate of wage.After an employee has worked eight(8)hours at an applicable overtime rate,all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8)hours or more. D. All hours worked between the hours of 6:00 pm and 6:00 am,Monday through Saturday,shall be paid at a premium rate of 15%over the hourly rate of wage.All other hours worked after 6:00 am on Saturdays,shall be paid at one and one-half times the hourly rate of wage.All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. All hours worked Sundays and holidays shall be paid at double the hourly rate of wage.Each week,once 40 hours of straight time work is achieved,then any hours worked over 10 hours per clay Monday through Saturday shall be paid at double the hourly wage rate. F. All hours worked on Saturday shall be paid at one slid one-half times the hourly rate of wage.All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. G. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when four ten(10)hour shifts are established,or forty(40)hours of straight time per week,Monday through Friday,,and all work on Saturdays shall be paid at time and one-half the straight time rate.Hours worked over twelve hours(12) in a single shift and all work performed after 8:00 am Sunday to 8:00 am Monday and Holidays shall be paid at double the straight time rate of pay.After an employee has worked eight(8)hours at an applicable overtime rate,all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8) hours or more. 4. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. All hours worked in excess o l eight(8)hours per day or forty(40)hours per week shall be paid at double the hourly rate of wage.All hours worked on Saturdays,Sundays and holidays shall be paid at double the hourly rate of wage. Holidav Codes 5. A. Holidays: New Year's Day, Memorial Day, independence Day, Labor Day, Thanksgiving Day, Friday after - Thanksgiving Day,and Clu-istmas Day(7). B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,the day before Christmas,and Christmas Day(8). C. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(8). D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). 4 Benefit Code Key—Effective 8-31-2013 thru 3-4-2014 H. Holidays:New Year's Day,Memorial Day,Independence Day,Thanksgiving Day,the Day after Thanksgiving Day, And Christmas(6). �. 1. Holidays:New Year's Day, Memorial Day,Independence Day, Labor Day,Thanksgiving Day, and Christmas Day (6). I. Holidays: New Years Day,Memorial Day,Independence Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day,And Christmas Day(7). K. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day,The Day Before Christmas,And Christmas Day(9). L. Holidays: New Year's Day, Marlin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,Friday After Thanksgiving Day,And Christmas Day(8). N. Holidays: Ncw Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day,The Friday After Thanksgiving Day,And Christmas Day(9). P. Holidays:New Year's Day, Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday And Saturday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). If A Holiday Falls On Sunday, The Following Monday Shall Be Considered As A Holiday. Q. Paid Holidays:New Year's Day, Memorial Day, Independence Day, Labor Day, 'Thanksgiving Day, and Christmas Day(6), R. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day Alter Thanksgiving Day,One-Half Day Before Christmas Day,And Christmas Day.(7 1/2). S. Paid Holidays: New You's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, And Christmas Day(7). T. Paid Holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,The Friday After Thanksgiving Day, Christmas Day, And The Day Before Or After Christmas (9). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(8)_ Holiday Codes Continued 6. A. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,The Friday After Thanksgiving Day,And Christmas Day(8). E. Paid Holidays: New Year's Day, Day Before Or After New Yo 's Day, Presidents Day, Memorial Day, Independence Day,Labor Day, Thanksgiving Day, Day After Thanksgiving Day, Christmas Day,And A Half-Day On Christmas Eve Day.(9 1/2). G. Paid Holidays:New Year's Day,Martin Luther King Jr. Day,Presidents' Day,Memorial Day,Independence Day, Labor Day,Veterans'Day,Thanksgiving Day,The Friday After Thanksgiving Day, Christmas Day,And Christmas Eve Day(11). H. Paid Holidays: New Year's Day, New Year's Eve Day, Memorial Day, Independence Day, Labor Day, 5 Benefit Code Key—Effective 8-31-2013 thru 3-4-2014 Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday(10). I. Paid Holidays:New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday After Thanksgiving Day,And Christmas Day(7). 6. T. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Last Working Day Before Christmas Day, And Christmas Day(9). Z. Holidays: New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday after Thanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the holiday. Holiday Codes Continued 7. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday And Saturday After Thanksgiving Day, And Christmas Day (8). Any Holiday Which Falls On A Sunday Shall Be Observed As A Holiday On The Following Monday. If any of the listed holidays falls on a Saturday,the preceding Friday shall be a regular work day. B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, "Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. C. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday Ailey Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shallbe observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday- D. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President's Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. F.. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(7), Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. F. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,the last working clay before Christmas day and Christmas day(8), Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. G. Holidays: New Year's Day, Memorial Day,Independence Day, Labor Day,Thanksgiving Day, and Christmas Day (6).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day(9).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 6 Benefit Code Key—Effective 8-31-2013 thru 3-4-2014 I, Holidays:New Year's Day,President's Day,Independence Day,Memorial Day,Labor Day,Thanksgiving Day,The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day(9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 7. 1. Holidays: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Chrismnas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. .Any holiday which falls on a Saturday shall be observed is a holiday,on the preceding Friday, K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls oil a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day,And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday, Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. M. Paid Holidays: New Year's Day, The Day after or before New Year's Day, President's Day, Memorial Day, Independence Day,Labor Day,Thanksgiving Day,the Friday after Thanksgiving Day,Christmas Day,And the Day after or before Christmas Day, 10). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.Any holiday which falls on a Saturday shall be observed as a holiday oil the preceding Friday. N. Holidays: New Year's Div, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(7).Any holiday which falls on a Sunday shall be observed as a holiday on - the following Monday.When Christmas falls on a Saturday,the preceding Friday shall be observed as a holiday. O. Paid Holidays: New Year's Day, The Day After Or Before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, The Day After Or Before atristmas Day,And The Employees Birthday. 11). Any holiday which.falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,And Christmas Day(7).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,the Last Working Day before Christmas Day and Christmas Day(8).Any holiday which falls on - a Sunday shall be observed as a holiday on the following Monday.If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. R. Paid Holidays:New Year's Day,the day after or before\ew Year's Day,President's Day,Memorial Day, Independence Day, Labor Day,Thanksgiving Day,the Friday after Thanksgiving Day,Christmas Day, and the day after or before Christmas Day(10).If any of the listed holidays'fall on Saturday,the preceding Friday shall be observed as the holiday.If any of the listed holidays falls oil a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly. S. Paid Holidays:New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday After Thanksgiving Day,Christmas Day,The Day After Christmas,And A Floating Holiday(9). If any of the listed holidays falls on a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly. Note Codes S. A. In addition to the hourly wage and fringe benefits,the following depth premiums apply to depths of fifty feet or more: 7 Benefit Code Key—Effective 8-31-2013 thru 3-4-2014 Over 50'To 100'-$2.00 per Foot for Each Foot Over 50 Feet Over 100'To 150'-$3.00 per Foot for Each Foot Over 100 Feet Over 150'To 220'-$4.00 per Foot for Each Foot Over 150 Feet Over 220'-$5.00 per Foot for Each Foot Over 220 Feet 3 C. In addition to the hourly wage and fringe benefits,the following depth premiums apply to depths of fifty feet or more: Over 50'To 100'-$1.00 per Foot for Each Foot Over 50 Peet Over 100'To 150'-$1.50 per Foot for Each Foot Over 100 Feet Over 150'To 200'-$2.00 per Foot for Each Foot Over 150 Feet Over 200'-Divers May Name Their Own Price D. Workers working with supplied air on hazmat projects receive an additional S 1.00 per hour. L. Workers on hazmat projects receive additional hourly premiums as follows-Level A: $0.75,Level B:$050,And Level C:$0.25. M. Workers on hazmat projects receive additional hourly premiums as follows:Levels A&B:$1.00,Levels C&D: $0.50. N. Workers on hazmat projects receive additional hourly premiums as follows-Level A:$1.00,Level B:$0,75,Level C:$0.50,And Level D:$0.25. P. Workers on hazmat projects receive additional hourly premiums as follows-Class A Suit:$2.00,Class B Suit: $1.50,Class C Suit:51.00,And Class D Suit$0.50. Q. The highest pressure registered on the gauge for an accumulated time of more than fifteen(15)minutes during the shift shall be used in determining the scale paid. R. Effective August 31,2012—A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized.A Traffic Control Laborer performs the setup,maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular,bicycle, and pedestrian traffic during construction operations.Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho.These classifications are only effective on or after August 31,2012. S. Effective August 31,2012—A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized.Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho.This classification is only effective on or after August 31,2012. T. Effective August 31,2012—A Traffic Control Laborer performs the setup,maintenance and removal of all temporary It control devices and construction signs necessary to control vehicular,bicycle,and pedestrian traffic during construction operations.Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho.This classification is only effective on or after August 31,2012. 8 This page intentionally left blank. This page intentionally left blank. KENT Agenda Item: Consent Calendar - 7E TO: City Council DATE: February 18, 2014 SUBJECT: Lab Sampling Agreement with Am Test, Inc. - Approve MOTION: Authorize the Mayor to sign a Goods and Services Agreement with Am Test, Inc. for coliform sampling and testing in an amount not to exceed $43,392.00 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Pursuant to WAC 246-290-300, the City routinely collects and analyzes for coliform. Seventy-two water samples are taken per month at predetermined monitoring locations in the distribution system. Sampling and analysis ensures our drinking water is free of coliform bacteria. EXHIBITS: Goods and Services Agreement RECOMMENDED BY: Public Works Committee YEA: Berrios - Ralph - Higgins NAY: BUDGET IMPACTS: This is an annual operations cost which is planned for and budgeted through the Water Utility. GOODS & SERVICES AGREEMENT between the City of Kent and AmTest, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and AmTest, Inc. organized under the laws of the State of Washington, located and doing business at 13600 NE 126th Place, Suite C, Kirkland, WA 98034, Phone: (425) 885-1664/Fax: (425) 820-0245, Contact: Aaron Young (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall collect and analyze the City's state mandated routine coliform bacteria samples. For a description and Vendor's quote, see Exhibit A which is attached and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by March 1, 2016. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Forty Three Thousand, Three Hundred Ninety Two Dollars ($43,392.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) Sampling shall occur on the first four (4) Tuesdays of every month for two years. Vendor shall be paid after submittal of invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Aaron Young Timothy J. LaPorte, P.E. AmTest, Inc. City of Kent 13600 NE 126th Place, Suite C 220 Fourth Avenue South Kirkland, WA 98034 Kent, WA 98032 (425) 885-1664 (telephone) (253) 856-5500 (telephone) (425) 820-0245 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department AmTest-Sampling 2/Bauer GOODS & SERVICES AGREEMENT 7 (Over$10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A I Scope of Work: Am Test, Inc. will collect and analyze the City of Kent's state mandated routine coliform bacteria samples. Sampling consists of eighteen (18) coliform and free chlorine residual samples per week, at City designated sampling locations, the first four (4) Tuesdays of every month, for a period of twenty four (24) months. Am Test, Inc. will also submit all necessary sample result paperwork to the Washington State Department of Health Office of Drinking water as required by the City in chapter 246,290.300 WAC, as well as copies to the City of Kent Water Department. ANFEST 6 A E O R A Y O R I E S January 14, 2014 To: Sean Bauer City of Kent Public Works/Water Section 220 Fourth Ave S Kent, WA 98032 Re: Price Quote for Laboratory Analysis and Sampling Sean 1. AmTest will perform all of the routine bacterial sampling and analysis at a rate of$14 per sample and a flat fee of$200 per week for the sample collection process. Considering 18 samples per week four times per month, the total cost for the collection, analysis and reporting would be $21,696 per year. There would not be any price change for the second year of the contract. Additional drinking water prices are as follows: Parameter Price/Each Full IOC $ 175 vOC $ 100 Nitrates $ 15 TTHM's $ 65 HAA5's $ 85 Fluoride $ 10 SOC 525) $250 SOC 515 $ 150 NWTPH-Dx $ 65 Priority Pollutant Metals $ 100 1,4-Dioxane $250 TOC's $ 15 Mendo Plates $ 1.50 E. Coli (raw water-Ground Water Rule) $ 25 Nitrate/Nitrite total $15 HPC $15 Lead& Copper $ 15 Radium 228 $ 100 Radium 226 $ 100 Gross alpha/Gross Beta $ 75 If you have any questions or comments please feel free to contact me at 425-885-1664 or by email at aaroLiy@amtestlab.com Sincerely, Aaron W. Young Lab Manager EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. This page intentionally left blank. KENT Agenda Item: Consent Calendar - 7F TO: City Council DATE: February 18, 2014 SUBJECT: East Hill Well Motor Control Center & Generator Upgrades Project Completion - Accept MOTION: Accept the East Hill Well Motor Control Center & Generator Upgrades Project as complete and release retainage to Gary Harper Construction, Inc., upon receipt of standard releases from the state and the release of any liens. SUMMARY: This project included the installation of a generator to maintain site operations during periods of power outages and replacement of electrical infrastructure that was obsolete at the East Hill Well water source. The East Hill Well water source is a primary source for the Water Utility producing in excess of two million gallons per day to meet the water demands of the East Hill community. The contract is now complete and ready for Council acceptance. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: This project was funded from the Water Utility. This item did not need to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent Calendar - 7G TO: City Council DATE: February 18, 2014 SUBJECT: Zoning Code Landscape Provision Amendment Ordinance - Adopt MOTION: Move to adopt Ordinance No. , amending Section 15.07.060 of the Kent City Code to correct an error in Ordinance No. 4074. SUMMARY: On February 19, 2013, the Kent City Council adopted ordinance No. 4074, amending Chapter 15.07 of the Kent City Code (KCC), pertaining to landscaping regulations, along with ancillary revisions to portions of KCC Chapter 15.02. Ordinance No. 4074 erroneously omitted minor landscaping specifications that were discussed at the Land Use and Planning Board workshops on October 8, 2012 and November 26, 2012 and during the public hearings on January 14, 2013 and January 28, 2013. The Land Use and Planning Board recommended approval of the proposed amendments as presented, including that certain provision that was erroneously excluded form Ordinance No. 4074. The Economic and Community Development Committee considered the Land Use and Planning Board's recommendation at its February 11, 2013 meeting. Due to intervening technical corrections to the text of the ordinance, however, the proposed ordinance as presented to the Committee omitted minor landscaping specifications that the Board had approved. The Committee recommended approval of the proposed ordinance "as recommended by the Land Use and Planning Board." The Council approved the Economic and Community Development Committee and Land Use and Planning Board's recommendations at its February 19, 2013 meeting and subsequently adopted Ordinance No. 4074. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Ralph - Boyce - Thomas NAY: BUDGET IMPACTS: None This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 15.07.060 of the Kent City Code, to correct an error in Ordinance 4074. RECITALS A. On February 19, 2013, the Kent City Council adopted ordinance No. 4074, amending Chapter 15.07 of the Kent City Code (KCC), pertaining to landscaping regulations, along with ancillary revisions to portions of KCC Chapter 15.02. B. Ordinance No. 4074 erroneously omitted minor landscaping specifications that were discussed at the Land Use and Planning Board workshops on October 8, 2012 and November 26, 2012 and during the public hearings on January 14, 2013 and January 28, 2013. The Land Use and Planning Board recommended approval of the proposed amendments as presented, including that certain provision that was erroneously excluded from Ordinance No. 4074. C. The City's State Environmental Policy Act (SEPA) Responsible Official conducted an environmental analysis of the impacts of the 1 Amend Section 15.07.060 District Regulations proposed amendments and issued a Determination of Nonsignificance on November 26, 2012. D. The Economic and Community Development Committee considered the Land Use and Planning Board's recommendation at its February 11, 2013 meeting. Due to intervening technical corrections to the text of the ordinance, however, the proposed ordinance as presented to the Committee omitted minor landscaping specifications that the Board had approved. The Committee recommended approval of the proposed ordinance "as recommended by the Land Use and Planning Board." E. The Council approved the Economic and Community Development Committee and Land Use and Planning Board's recommendations at its February 19, 2013 meeting and subsequently adopted Ordinance No. 4074. F. The City Council now wishes to correct the erroneously excluded amendments to Section 15.07.060. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Section 15.07.060 of the Kent City Code is hereby amended as follows: Sec. 15.07.060. Regulations for Specific Districts. 2 Amend Section 15.07.060 District Regulations Minimum Perimeter Landscape Planter Width and Type Zones Abutting Additional Abutting Side Rear Residential Requirements Street Yard Yard District or Use SR-1 through N/A (see also N/A SR-8 KCC 12.04.245) MR-D N/A MR-G 10' Type III 10' Type II or 10' Type II or N/A, except for Open green area MR-T III III parking lots per shall occupy no MR-M KCC less than twenty- MR-H 15.07.040(B)(2) five (25) percent of the total lot area.A minimum of five (5) feet of foundation landscaping shall be placed along the perimeter of any multifamily structure. Foundation landscaping consists of shrubbery or some other combination of landscape materials that helps to reduce the visual bulk of structures and buffer dwelling units from light, glare, and other environmental intrusions. Additional requirements may apply through multifamily design review, KCC 15.09.045(D). MHP Requirements per Chapter 12.05 KCC CC 5' Type III N/A N/A 10' Type II,and N/A CM for parking lots GC per KCC O 15.07.040(B)(2) DC N/A A minimum of three (3) feet of landscaping to screen off-street parking areas, placement of which shall be 3 Amend Section 15.07.060 District Regulations Minimum Perimeter Landscape Planter Width and Type Zones Abutting Additional Abutting Side Rear Residential Requirements Street Yard Yard District or Use determined through the downtown design review process outlined in KCC 15.09.046. Additional landscaping or alternative methods of screening may be approved through downtown design review. DCE N/A 10' Type II, and A minimum of for parking lots three (3) feet of per KCC landscaping to 15.07.040(B)(2) screen off-street parking areas, placement of which shall be determined through the downtown design review process outlined in KCC 15.09.046. Additional landscaping or alternative methods of screening may be approved through downtown design review. MTC-11 MTC-22 VCR' MA 20' Type III in 15' Type II or N/A N/A, except for AG front yard III parking lots per M1 KCC 15.07.040(B)(2) M2 15' Type III in 10' Type II or N/A N/A, except for front yard III parking lots per KCC 15.07.040(B)(2) M3 10' Type III in 5' Type II or N/A N/A, except for 4 Amend Section 15.07.060 District Regulations Minimum Perimeter Landscape Planter Width and Type Zones Abutting Additional Abutting Side Rear Residential Requirements Street Yard Yard District or Use front yard III parking lots per KCC 15.07.040(B)(2) GWC 15' or 20' Type 5' or 15' Type 5' Type II or 10' Type II III° II or III5,6 III NCC 10' Type III 5' or 10' Type 5' Type II or 10' Type II II or III5,7 III 11VTC-1 additional landscaping requirements. Landscaping requirements shall be determined through the midway design review process outlined in KCC 12.01.040 and shall include the following to soften the appearance of parking areas and building elevation, and to provide separation between uses: (A) The perimeter of properties abutting a single-family residential or mobile home park land use shall be landscaped with a minimum of ten (10) feet of Type I landscaping. (B) The perimeter of properties abutting a multifamily residential land use shall be landscaped with a minimum of ten (10) feet of Type I landscaping. (C) The perimeter of properties abutting a public right-of-way shall be landscaped with a minimum of ten (10) feet of Type III landscaping. The following exceptions apply: (1) When a vehicular parking area abuts such setback, a Type III landscape strip with an average of twenty (20) feet in depth shall be provided. (2) When such setback is utilized as a public open space plaza and not accompanying parking, no perimeter landscaping strip shall be required. (3) When such setback is utilized as a public open space plaza and exceeds thirty (30) linear feet, street trees shall be provided as set forth in the 2009 Design and Construction Standards, or as the same may be subsequently amended. (D) The perimeter of side property lines shall be landscaped with a minimum of five (5) feet of Type III landscaping, unless the building is constructed at the build-to line or property line. 7MTC-2 additional landscaping requirements. Landscaping requirements shall be determined through the midway design review process outlined in KCC 12.01.040 and shall include the following to soften the appearance of parking areas, and building elevations, and to provide separation between uses: (A) The perimeter of properties abutting public parks, plazas,open space, or multi-purpose trails shall be landscaped with a minimum of ten (10) feet of Type III landscaping. (B) When a vehicular parking area abuts a public right-of-way, a Type III landscaping strip a minimum of five (5) feet in depth shall be provided. (C) When a vehicular parking area abuts the side property lines, a Type III landscaping strip a minimum of ten (10) feet in depth shall be provided. 3MCR additional landscape requirements. Landscaping requirements shall be determined through the midway design review process outlined in KCC 12.01.040 and shall include the following to soften the appearance of parking areas and building elevations, and to provide separation between uses: (A) When buildings abut the required front yard.a type III landscaping strip minimally ten (10) feet in depth shall be provided. (B) When vehicular parking area abuts a public right-of-way, a type III landscaping strip minimally fifteen (15) feet in depth shall be provided. (C) When vehicular parking area abuts the side property lines,a type III landscaping strip minimally ten (10) feet in depth shall be provided. 5 Amend Section 15.07.060 District Regulations Minimum Perimeter Landscape Planter Width and Type Zones Abutting Additional Abutting Side Rear Residential Requirements Street Yard Yard District or Use 'Where buildings abut the required front yard, a landscape strip at least fifteen (15) feet in depth shall be provided. Where vehicular parking areas abut the required front yard, a landscape strip at least twenty (20) feet in depth shall be provided. 5No landscaping along the side property lines shall be required between adjacent properties where a common, shared driveway with a perpetual cross-access easement is provided to serve the adjoining properties. 6A Type III landscape strip of at least fifteen (15) feet in depth shall be provided alongside property lines flanking the street of a corner lot. 7A Type III landscape strip of at least ten (10) feet in depth shall be provided alongside property lines flanking the street of a corner lot. SECTION 2, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 3, — Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTION 4, — Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. 6 Amend Section 15.07.060 District Regulations SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR 11PAT" FITZPATRICK, ACTING CITY ATTORNEY PASSED: day of 12014. APPROVED: day of 12014. PUBLISHED: day of 12014. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordi na nce\15.07.060.docx 7 Amend Section 15.07.060 District Regulations This page intentionally left blank. KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: February 18, 2014 SUBJECT: Reappointments to Human Service Commission - Confirm MOTION: Confirm Mayor Cooke's reappointment of Mike Heinisch, Bill Hallerman and Wade Schwartz to the Kent Human Services Commission for three-year terms. SUMMARY: Confirm reappointment of Mike Heinisch, Bill Hallerman and Wade Schwartz to the Kent Human Services Commission for three-year terms - ending January 1, 2017. Mike Heinisch has served on the Kent Human Services Commission for three years and this will mark his second term. Mike serves an important role on the commission representing local and regional human services agencies. Mike's understanding of local human service funding needs allow him to represent the community in Olympia advocating for the South County. Mike's second term will expire January 1, 2017. Bill Hallerman has served on the Kent Human Services Commission for three years. This will also be his second term. Bill is an expert in homelessness and housing, Bill educates the commission on those needs and effective solutions to help these fractions in our community. Bill's second term will expire January 1, 2017. Wade Schwartz has served one term on the Human Services Commission. This will mark Wade's second term, representing the business community - specifically those businesses in the downtown core. Wade is dedicated to the betterment of our community and has a strong interest in helping the homeless, senior citizens and members of our gay and lesbian community. Wade's second term will expire January 1, 2017. RECOMMENDED BY: Mayor Cooke BUDGET IMPACTS: None This page intentionally left blank. BIDS This page intentionally left blank. REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION This page intentionally left blank. CITY OF KENT City Council Meeting Agenda I�� mt U r rt m February 18, 2014 Mayor Suzette Cooke Darla Ralph, Council President Couneilr embers Jim Berrios Bill Boyce Dennis Higgins Deborah Ranniger Les Thomas s we CIFY CLERK y � This page intentionally left blank. KENT CITY COUNCIL AGENDAS KENT February 18, 2014 w s v ro Council Chambers Mayor Suzette Cooke Council President Dana Ralph Councilmember Jim Berrios Councilmember Bill Boyce Councilmember Dennis Higgins Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************* SPECIAL COUNCIL WORKSHOP AGENDA 5:00 P.M. Subiect Speaker Time Council Retreat Dana Ralph 10 min 2014 Top Departmental Issues Tom Brubaker 30 min B&O Project List Tim LaPorte 50 min COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC — Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Introduction of Human Service Commission Reappointees, Mike Heinisch, Bill Hallerman and Wade Schwartz D. Legislative Update E. Economic and Community Development Report F. Public Safety Report G. Council Appointment Process Update H. Intergovernmental Reports 5. PUBLIC HEARING 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meetings and Workshop — Approve B. Public Disclosure Administrator Position — Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED C. Ordinance Changing Council Workshop Meeting Time - Adopt D. Emergency Guardrail Repair Service Contract with Peterson Brothers, Inc. - Authorize E. Lab Sampling Agreement with Am Test, Inc. - Approve F. East Hill Well Motor Control Center & Generator Upgrades Project Completion - Accept G. Zoning Code Landscape Provision Amendment Ordinance — Adopt H. Reappointments to Human Service Commission - Confirm 8. OTHER BUSINESS 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. !. -i T nv D Od * 1D a _0 < nD d n N ;aa -0o-o o N co M m � � � m RI m 'w° o o � m m 3 0 � o M M m i x w � � � � a a ° way » co a o 0 M s a I a N v� S n - u�i n. 4 0 " m J o o ?. w m ^ m v; m O n ff n n 4 m J D rt rt o �; a m J m n 4 fD a rr a '< 01 n • VI S tt ^ U n oo<i 0 n Q 0 d C N J m m m J S o m < �E o E �D 'o `� j, to m m n m m o m -o m ,� a , Sao a J p N3 n_ Nn 7N7 G a n0 -iH (7 In p� UI rt N N N G O S ,�. N Q W.< ^ W`G rt O J O c M d n C o 0 o W n A n n N n 2 m '^ m D > - S � 4n O' ff O ^ J < O 3 m w < .. O n O J N N N 1 N O N C = N a tt C m O N O J C O ^a 1 7 N . < D 9 ^. J 3 N tin n 0 < ¢> � V m ti O c O = m Q ° v3 z• QL QL M V m O O � 3 0 v 3 v 3 0 W m 3 0 0 v 3 m Off � o o m o o m m a o o n ° w w o m s a 0 n � m s Gan d cP m '^ c N J - O m J Q d m � O m o � 1 3 3 M 3 a � I � a � � 1°. m W =, F I T a - a J m = a J O R a m � 3 < a J 13 3 J v, m Jn. 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COUNCIL WORKSHOP 1) Council Retreat 2) 2014 Top Departmental Issues 3) B&O Project List This page intentionally left blank. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) From Council, Administration, or Staff B) From the Public This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Introduction of Human Service Commission Reapppointees, Mike Heinisch, Bill Hallerman and Wade Schwartz D) Legislative Update E) Economic and Community Development Report F) Public Safety Report G) Council Appointment Process Update H) Intergovernmental Report This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT Agenda Item: Consent Calendar 7A CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through I. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of February 4, 2014 and the special Council meeting of February 11, 2014. This page intentionally left blank. This page intentionally left blank. 11 � KENT WASH IMJ T0N Kent City Council Workshop February 4, 2014 The meeting was called to order at 5:04 p.m. by Council President Ralph. Councilmembers present: Ralph, Boyce, Berrios, Higgins, Ranniger and Thomas 2014 Too Departmental Issues — Council President Ralph discussed the item and thanked the Department Directors for being present. Tom Brubaker, Interim Chief Administrative Officer highlighted the item and gave a general background. He encouraged Council to ask questions. He highlighted top departmental issues in his department, Administration/City Clerk's Office, and that two of them were briefly reviewed in the Operations Committee meeting. He stated that the five items are the 2015-2016 biennium budget, alignment and collaboration across departments, to establish policy direction for the economic development strategy and comprehensive plan, public disclosure requests, and records management. He noted that there will be a new finance director who will be busy learning City finances just as we begin this complex process. He discussed outreach across departments and establishing clear direction and vision for land use, zoning, and public infrastructure. He concluded and discussed public disclosure requests and records management. Margaret Yetter, Court Administrator discussed the new school zone cameras which became fully operational on January 6, 2014. She noted that in the first three weeks 649 tickets were filed with the court and automatically uploaded into the database. She noted that the court processes all hearing requests and payments. Councilmember Higgins inquired about how the number of citations compares to estimates and Yetter replied that there weren't any estimates prepared. Councilmember Berrios inquired which school zone was getting the most amount of tickets. Yetter stated she would check and inform the Council at a later date. Brubaker communicated that the City won't know for another year and a half what the baseline would be for this. Yetter continued and discussed online payments and stated that the fee to process online payments was five percent. She added that the City has received over 60 online payments in the first three weeks. Yetter discussed the court services contract with Maple Valley and said it is expiring. Councilmember Higgins verified that the contract could be extended for two more years and Yetter added that there are more cities who are considering utilizing Kent's court services. Councilmember Berrios communicated that the Maple Valley court services contract is a big deal and confirmed with Yetter that the capacity Kent has to take on additional cities depends on the size of the inquiring city. She said it would be possible to contract with an additional small city. Kent City Council Workshop Minutes February 4, 2014 Brubaker added that another city would want to use our prosecuting services, too. Yetter concluded that this year is the 20th Anniversary of th Kent Municipal Court. Pat Fitzpatrick, Acting City Attorney highlighted his four issues. He stated that the Law Department has overlap with several issues of other departments. He communicated that they are in the final implementation of their paperless prosecution system which is a resource saver and makes prosecution mobile. He continued and discussed the cable ordinance and said it hasn't been updated since 1993. He stated the ordinance will present what oversight level the City would have. He discussed public defense standards as the next top issue of the law department and noted that the proposed legislation mandates a case law limit of 400 and Kent's public defense attorney is handling more that that. He stated that that number is low and discussed the history of the standard. He noted that the system in Kent is outstanding, but there is a need for changes and that federal law states that public defense is constitutional. Council President Ralph inquired concerning King County hiring their contract public defenders and Fitzpatrick explained that they sued the County in an attempt to be full-time employees and included in the retirement system. Councilmember Berrios discussed the Mount Vernon ruling and Fitzpatrick added that they had a large quantity of cases and had a system which was not adequately representing the defendants. Fitzpatrick noted that on January 1, 2015 the standards will go into effect. Fitzpatrick continued and stated that the effects from the implementation of school zone safety cameras could cause a greater workload in his department, but estimated that after six months the tickets will drop off by 50 percent. Councilmember Berrios asked about excuses for contested tickets and Fitzpatrick said the statements have been things like I wasn't driving, I was driving the same speed of everyone else, etc. Councilmember Thomas stated that some of the reasoning for speed zone cameras was based on the speeds on 132nd. Lorraine Patterson, Human Resource Director discussed her four items. She highlighted healthcare and stated her department has begun discussions with the union on modifying current healthcare programs to avoid the federal healthcare tax. She also discussed the implementation of the new performance management system, Halogen and confirmed for Councilmember Boyce that the City was currently using PAGE. Councilmember Higgins verified that all supervisors will be held accountable when this new system is implemented. 2 Kent City Council Workshop Minutes February 4, 2014 Patterson confirmed with Councilmember Berrios that supervisors have time issues in completing performance evaluations because they are "working" supervisors. She stated that this system will allow for easier usage and that managers need to hold supervisors accountable for getting them done. Councilmember Berrios directed Patterson to establish a baseline now and measure how many are getting done after the new system is introduced. Patterson continued and discussed Lominger and said it brings a common language to describe work skills (recruiting, performance appraisals, job descriptions). Councilmember Berrios confirmed that the new performance management system was Halogen and the Lominger compentencies are included in that system. Councilmember Higgins communicated that every position at King County was taken and plugged into Lominger during an 18 month period. He stated the system was great. Patterson communicated that her next issue is to improve processes by utilizing LEAN to streamline the administration of medical leaves (FMLA/FCA/Disability/OJI). Mike Carrington, Information Technology Director communicated that the is a service support department. He communicated that public records technology enhancements are scheduled in 2014 for the technology supporting the City's ability to capture, store, retrieve, and package data for public disclosure requests. He communicated that the imaging system replacement is also scheduled for 2014 and it impacts the entire city and is a very complex/complicated undertaking. Councilmember Higgins inquired about when the bid would go out and Carrington communicated that there is a position in his department that needs to be filled first with room in the budget to support this. He communicated that this is based on system improvements in other cities and what is in existence now. Councilmember Boyce inquired about the "life cycle" and replied that this one is not in a high critical state, but it is at the end of life according to the budget. He stated that it has reached its 20 year lifecycle. Carrington, in response to Councilmember Boyce, communicated that he would provide him with a copy of the software lifecycle chart. Carrington continued that Valley Communications will be going live with their new dispatch system and Kent will be impacted in a big way from both a system user (Police and Regional Fire Authority) and support perspective. Carrington's next item was his department's support for mobility and personal device proliferation. He communicated that his department must stay ahead of the emerging and complex systems that are in use in the City. Councilmember Higgins inquired about City policy concerning mobile devices and Carrington replied that there are some standards and policies, but because of the changes in technology, the standards change. 3 Kent City Council Workshop Minutes February 4, 2014 Councilmember Higgins communicated that mobile device rates are high and there should be a discussion of what the policy is prior to there being an emergency and need to reduce wireless costs. Councilmember Berrios communicated that information technology seems to be on many of the departments top issues list and Carrington replied that he has meet with the department directors and IT impacts every department in the City. He added that because of the recession, departments have reduced staff and have turned to technology. He said he encourages department heads to go out and research IT improvements to their departments and bring them back to IT. However, there are things on hold because they aren't priorities. He said here is a high list of projects and they are prioritized based on staff. Councilmember Boyce communicated that the City does have some old systems and asked if there is a risk of losing all data in a major system. Carrington replied that two years ago that was a problem, but at this point in time there aren't any red light issues. He added that there are a number of interconnectivity issues that can breakdown, but it would be the issue of a partner organization. Ken Thomas, Police Chief communicated that his top issues are public trust, effectively dealing with the mentally ill, technology, and staffing. He said legitimacy with the community is an issue. Councilmember Higgins communicated that he did a great job with the community forums and Thomas replied that they will continue quarterly. He also noted that they are on Channel 21. Thomas communicated that over 50 percent of the City's in-custody population has mental health issues. He stated that they need to be handled effectively and respectully. He also noted that 60 - 70 percent of the commissioned, correction, and records staff are trained in Critical Incident Training (CIT) on how to deal with the mentally ill. He communicated that his department is working on how to effectively manage those with mental illnesses instead of just throwing them in jail. Councilmember Higgins communicated that he heard about the CIT training and is pleased about it. Thomas added that the biggest lawsuits in the state come from officers not knowing how to deal with the mentally ill. He added that pieces of the CIT training have been included into the department's training. Ralph communicated that there are facilites out there to move these peoople out of jail and into treatment facillities Thomas communicated that technology is a significant issue in his department and he and Mike Carrington are working hard to find solutions. He stated that the police use Veripic and the system failed just recently. Finally, he communicated that the department will work to fill other active positions back to active duty. He highlighted that there are 21 positions vacant due to officers in training and disability/administrative leave. 4 Kent City Council Workshop Minutes February 4, 2014 Councilmember Berrios discussed cohesiveness and working more to address issues like the Veripic issue. He added that it is a resource issue. Thomas noted that he has the list of pirorities that was provided to him by Carrington. Councilmember Boyce communicated that he would like to have a workshop to deal with IT and the ongoing list of priorities and issues. Paula Barry, Interim Finance Director discussed the retirement of Bob Nachlinger and the impact of her coming up to speed and the transition of new leadership once that position gets filled. Barry discussed the enhancements to the B&O tax processes, the ordinance, and the rules. She communicated that as the City approaches the first year anniversary of the B&O tax, the City has gained insight on how to streamline B&O tax processes and procedures. She stated that she is working with the Law Department, Administration, and Council to review recommended changes to those processes and reviewing filing frequency, exemptions, and deductions. Barry highlighted that the department is looking for ways to steamline the business license process and B&O tax functions through use of the LEAN process. She said during 2014 they will be determining if the systems in place have the capabilities to facilitate streamlining based on LEAN. Barry continued and discussed the use of technology to enhance customer service and provide more online services. She added that online services afford customers an easy way to handle their transactions and free up staff time allowing them to better serve customers. Councilmember Berrios communicated that the online B&O tax system works very well and Council President Ralph stated that this reporting period went a lot better. Ben Wolters, Economic and Community Development Director discussed his four items. He communicated that the citywide new Economic Development Stategy is in development and it will assist the Council with where it wants to go with the Comprehensive Plan. He communicated that his second item is the City Comprehensive plan update which is state mandated and due by July 2015. He discussed the City property disposition and development project and it continues. He noted that the process of identifying properties the city can sell for debt reduction is going on and there are some opportunities that will be brought to the Council in the future. He said this process takes up a big chunk of his department's time. He discussed the surge in economic development and permits and stated it is based on a bettering economy. He said last year the City did $700,000 to $750,000 in permit activity and expects the number to be about the same this year. He noted that the department did a LEAN process on permitting and is also looking at technology. He communicated that Carrington has also noted that the update of the KIVA system has been on the list for seven or eight years. He stated that he may have to go back to the Council for more resources in permitting, however, that the work on ECD is coming to fruition. He noted Trader Joes, IDS, and the other projects that are coming 5 Kent City Council Workshop Minutes February 4, 2014 down the line. Nonetheless, the challenge is where to place the resources in order to get the best return to create opportunities. Brubaker communicated that he met with Finance Director Barry this morning and there is a lot of need in the City. He stated that the police are 16 short on officers. He noted that the unstructured debt is $6 to $8 million and another $8 million in structured debt. He also discussed unexpected challenges and we need to be nimble to take advangate of them. He stated every department needs one or two people and larger departments could use more. He stated this will take balance and patience and closed by encouraging the Council to challenge the staff to see if it is spending the funds efficiently. Councilmember Berrios communicated that if the City is from an economic standpoint, turning the corner, the demand needs to be identified and the infrastructure needs to be paid attention to. Council President Ralph thanked the department directors for their presentations. The meeting adjourned at 6:15 p.m. Ronald F. Moore, MMC City Clerk 6 KENT Kent City Council Meeting February 4, 2014 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Ralph, Berrios, Boyce, Higgins, Ranniger, and Thomas. CHANGES TO THE AGENDA A. From Council, Administration, Staff - Council President Ralph replaced Public Communications, item C with 2014 Arts Commission grant recipients. Councilmember Higgins pulled item G from the Consent Calendar. Mayor Cooke pointed out that Lynn Bohart, the Arts Commission appointee, had a last minute emergency and was unable to make the meeting. Councilmember Ranniger communicated that she knows Lynn Bohart and worked with her at Renton Technical College. She stated that she is drawn to service and is an established mystery writer. She noted that she is creative and full of great ideas. B. From the Public — None. PUBLIC COMMUNICATIONS A. Public Recognition - None. B. Community Events - Councilmember Ranniger communicated that the Kent Severe Weather Sheltering Center is at the Kent Lutheran Church, 336 2nd Avenue South and open tonight through February 6. Mayor Cooke called on Rhonda Billerbeck, Program Manager and noted that Lynn Bohart couldn't make the meeting due to a last minute conflict. Mayor Cooke noted that she is still on the consent calendar. Billerbeck thanked the Council and presented 2014 Arts Commission grants to, At The Ridge Theater, Kent Senior Activity Center, and the Rainier Corrale. Mayor Cooke thanked all of the representatives for their efforts in the community. C. Arts Commission Grant Recipients for 2014 — Rhonda Billerbeck presented grants to, At The Ridge Theater, Kent Senior Activity Center, and the Rainier Corrale. D. Introduction of new Land Use and Planning Board Appointee, Katherine Jones and Re-appointee, Barbara Phillips - Mayor Cooke introduced Katherine Jones and Barbara Phillips. She noted that Jones resides in the Lakes and works for John L. Scott. Jones communicated that she has been a resident of Kent since 2006 and sat on the board of the cottage housing development project. She added that she also was involved in the Midway development. She said she has taken classes on Kent City Council Meeting Minutes February 4, 2014 green development and land use planning and is excited to bring some of those principles to the land use and planning board. Mayor Cooke communicated that this is Barbara Phillips' third term on the board. Phillips communicated that she continues on the board for the betterment of the City and is interested in transit on the west side. E. Intergovernmental Reports - Council President Ralph discussed the Regional Law Safety and Justice Committee meeting and that the entire discussion was on I- 502. She noted that there is an increase in police officers getting positive results for marijuana use in traffic stops. She added that admonitions of marijuana use from drivers has also increased and a message needs to go out that this is impaired driving. Councilmember Higgins attended the Sound Cities Association (SCA) Retreat and the day was spent imagining what the organzation would look like in 2020. Based on that discussion, it was decided that the organization needs to be more proactive instead of being reactive. He stated that doing that would mean more staff and assistance from member cities. The challenge, he said, is to determine how to make this happen by 2020. He added that there is a meeting going on right now concerning "Plan B" in the King County Council. One of the Plan B items is to increase car tabs to $60.00 and .5 more in sales tax. He added that the next Regional Transit Committee meeting is on the February 19. PUBLIC HEARINGS None. PUBLIC COMMENT 1. Richard Wilkinson, Kent - Wilkinson discussed the open Council seat and stated he thought the Council would choose Bailey Stober to fill the vacancy and was surprised there is a process. He said there are only six names now and supports the appointment of Bailey Stober to the open seat, noting Stober has shown voter confidence in the past election. He also said it will be interesting how many people will show up for the Mayor's State of the City Address and verified that it is still scheduled and will be recorded. He discussed the neighborhood council districts and said if they continue the Council should consider having councilmembers by geographical alignment instead of elected at large. 2. R.C. Sample, Kent - Sample congratulated Mayor Cooke, Councilmember Higgins, Councilmember Berrios for their election wins, and Council President Ralph on her presidency. He discussed the Par 3 golf course and stated that the departmental budgets have been increased by $250,000. He said selling the Par 3 doesn't cover the operating losses and presented specific questions to the Council. He gave special recognition to Interim Finance Director Paula Barry for answering his questions during the week. Council President Ralph highlighted the process for filling the Council vacancy. She pointed out that once an election is certified, it is complete, and the elected official 2 Kent City Council Meeting Minutes February 4, 2014 assumes office. She stated that the law reflects that the Council handles appointing a replacement. Council President Ralph communicated that the City Clerk is accepting applications until February 7 and that the qualifications of individuals will be done in executive session and after that the Council will announce who will be interviewed. Councilmember Ranniger communicated that this is an accepted protocol that has been in place for many, many years. Councilmember Boyce communicated that this is open and the process that was used when he was on the school board. Brubaker communicated that the special meetings will be on February 11 and February 25 and begin at 6:00 p.m. 3. Thomas L. Brice, Kent - Brice complimented the Council and stated that he is a member of the Par 3 Committee to save the Par 3 golf course. He noted that he previously submitted 1,500 signatures to the Council and wants them reviewed so they can see the various areas the petitioners represent. 4. Gwen Allen-Carston, Kent - Allen-Carston communicated that she is speaking as an individual, not as a representative of the Kent Black Action Commission. She inquired if this is the only option for the Council to get the council vacancy filled; pointing out that the state doesn't prescribe any specific procedure for filling the position. She added that there haven't been any prerequisites posted about the position and the average citizen doesn't understand how the process is run. She stated that there should be an open meeting to discuss this. She inquired if the public will be able to communicate and listen to the interviews that occur. She discussed code enforcement and the garbage on East Hill and inquired if she could be a junior code enforcement officer. 5. Mary Ann Hopkins, Kent - Hopkins stated that she has lived in Kent since 1971 and manages the Colony Park Apartments. She said it sits between the Riverbend driving range and golf course. She said that she has enjoyed nature over the years there and enjoyed the people who have used the course. She said the Par 3 course is a treasure and children learn how to play golf on it. She said over the years there have been countless users of the course and encouraged the Council to keep it. 1. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through I, with item G removed, seconded by Councilmember Thomas. Motion carried 6-0. A. Approval of Minutes. Minutes of the workshop and regular meeting of January 21, 2014, were approved. B. Approval of Bills . Payment of the bills received through November 30 and paid on November 30 after auditing by the Operations Committee on January 21, 2014. 3 Kent City Council Meeting Minutes February 4, 2014 C. Appointment to Arts Commission — Confirm. The Mayor's appointment is confirmed, of Lynn Bohart to the Kent Arts Commission. D. Appointments to Land Use and Planning Board — Confirm. The Mayor's appointment is confirmed, of Katherine Jones and reappointment of Barbara Phillips to the Land Use & Planning Board. E. Refunding 2004 Limited Tax General Obligation Bond Ordinance — Adopt. Move to adopt Ordinance No. 4103, approving the refunding of the 2004 Limited Tax General Obligation bonds. F. Budget Certification for Annexation Sales Tax Credit Resolution- Adopt. Move to adopt Resolution No. 1881, approving the certification of $4,230,777 for the Panther Lake annexation sales tax credit for the period July 1, 2014 through June 30, 2015. G. Emergency Guardrail Repair Service Contract with Peterson Brothers, Inc. — Authorize. The Mayor is authorized to sign a contract with Petersen Brothers Construction, Inc. to perform emergency repairs of damaged guardrails on an as needed basis in an amount not to exceed $20,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. 2013 Crack Sealing Proiect Completion — Accept. Accept the 2012 Crack Sealing Project as complete and release retainage to C.R. Contracting, upon receipt of standard releases from the state and the release of any liens. I. Oakleigh I & II Bill of Sale- Accept. Accept the Bill of Sale for the Oakleigh I & II project, permit 2071420, for 28 gate valves, 5 hydrants, and 3,816 linear feet of waterline; 17 sanitary sewer manholes, and 2,747 linear feet of sanitary sewerline; near feet of new curb and gutter, 272 linear feet of new sidewalk, 2 street lights, and 6 street trees; 1 storm sewer catch basin, and 320 linear feet of storm sewerline. OTHER BUSINESS A. Financial policy Resolution. - Mayor Cooke noted that she appointed Paula Barry as interim Finance Director yesterday. Paula Barry, Interim Finance Director communicated what the proposed ordinance consisted of. She noted resolution amends the city's financial policies by clarifying the requirements and available uses for the city's Strategic Opportunities Fund, first, by confirming that non-recurring revenues only be applied to non-recurring expenses, and second, by confirming that monies will not be spent out of this fund unless the council first approves the expenditure. She noted that this also adds a governmental funds reserve. She communicated that the greatest volitility was in the amount of $15 million during the recession and noted that the aspirational goal in this would be to have double the greatest fluctuation amount, or $30 million. 4 Kent City Council Meeting Minutes February 4, 2014 Brubaker communicated that these revisions were proposed by the Council and have been drafted so the money can't be moved without Council approval. Ranniger communicated the issue of reserves has come up for several years and $30 million is the aspirational goal. She inquired where the $30 million was sitting and what would it be used for. Barry explained that the $30 million is derived from access budgets over the years to come. Brubaker communicated that the City has fluctuating funds, such as REET and sales tax revenue, and based on them, the greatest volatility over the years was $15 million. He stated that this volatility occurred during the recession and this aspirational goal would be double it, $30 million, in the event of another recession. Ranniger communicated that her goal was to ensure the public knew that these funds would be spread out among funds and not sitting in one pot to be expended on one item at one time. Mayor Cooke pointed out that the City's top priority is to pay down debt and stated she doesn't want the audience to think we have a surplus. She stated that the irony is that the City is still waiting on the state to mitigate funds concerning sales tax. She noted that it is still growing. She further communicated that these funds are temporary and the City has a $9 million revenue stream from the state each year and this $30 million goal will be an very large aspirational goal for the future. Brubaker further explained that the City has a great need and there is currently a ten percent reserve fund. He said he would like to have more than that and if this goal is achieved the City the Council can decide what it will be used for at that time. Councilmember Thomas moved to adopt Resolution No. 1880 repealing Resolution No. 1859 amending financial policies to be used for guidance when enacting and amending the city budget, seconded by Councilmember Higgins. Motion carried 6-0. BIDS None. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Ralph discussed the workshop and noted that department directors highlighted their top four issues. She added that this discussion will be how the Council puts together their priorities and policies and that there is a lot of need, especially in information technology. She added that a motion was also passed in operations concerning moving the start time of Council workshops to 5:00 p.m. B. Mayor. Mayor Cooke discussed working with Chief Ken Thomas on the Coalition on Gangs. She highlighted the discussions at the meeting. She noted that local cities are 5 Kent City Council Meeting Minutes February 4, 2014 working together and speaking the same "language" now. She asked that Council President Ralph determine a time when the findings of the coalition can be presented to the Council. She communicated that she testified in Olympia concerning I-502 and there are several revisions to the legislation being proposed. She added there are proposals to change the tax allocations; however, she noted; Kent would receive no funds from the implementation of I-502. She said she testified that enforcement takes place on the City level so it would make sense to have the funds go to the cities. Additionally, she testified that a look should be taken at Colorado for a better way to allocate funds from marijuana processing. She also noted that she didn't make any suggestion concerning the Council's support or opposition to this item. Mayor Cooke added that she spoke in favor of the formation of the King County Transportation Benefit District (TBD) based on the fact that there is a lack of funding for transportation projects. She noted that there is no funding coming to Kent for street maintenance and a reduction of transit services coming to Kent. She added that she signed a letter of support for the TBD and executed it as the Mayor, not as a representative of the Council. C. Administration. No report. D. Economic & Community Development Committee. Councilmember Boyce communicated that the next Economic and Development Committee meeting is Monday, February 10 at 5:00 p.m. E. Operations Committee. Councilmember Thomas communicated that the report is in the minutes. He also urged the public to vote. He discussed several events going on at the ShoWare Center to include the Globetrotters and The BeeGees on March 7. He discussed Allen-Carston's comments and stated that the Council can implement its own criteria for the Council vacancy. He stated that the only experience the Council has had with this when Councilmember O'Brien passed away. He noted that the process has been announced in the paper, website, television, and at council meetings. He stated there are a lot of candidates. He also noted that he agrees with Allen- Carston on code enforcement and stated that the City relies on volunteers. F. Parks and Human Services Committee. Councilmember Ranniger communicated that the next meeting of the Parks and Human Services Committee is February 20 at 5:00 p.m. G. Public Safety Committee. Councilmember Berrios said he will be meeting with Police Chief Thomas on February 5 to determine the next meeting date and time of the Public Safety Committee. H. Public Works Committee. Councilmember Higgins reported that there have been two Public Works Committee meetings since the last Council meeting. He announced that discussion has begun on the B&O project list and it will be discussed at a future Council workshop. He added that there is a significant amount of levy work continuing and received a report about an idea for some downtown improvements including street lighting and a quiet zone. Additionally, there was discussion about a a possible local improvement district. He stated there was also a presentation concerning increasing 6 Kent City Council Meeting Minutes February 4, 2014 the fines for littering in Kent. He concluded that there was discussion on all the improvements done by the City staff and contractors in 2013 throughout the City. I. Regional Fire Authority. Councilmember Thomas communicated that Mike Denbo is the new chair of the Regional Fire Authority (RFA) and Councilmember Higgins is vice chair. He also announced that the stated that the RFA passed their 2013 audit with no findings. EXECUTIVE SESSION None. ADJOURNMENT The meeting adjourned at 8:10 p.m. Ronald F. Moore, MMC City Clerk 7 This page intentionally left blank. KENT Kent City Council Special Meeting February 11, 2014 The regular meeting of the Kent City Council was called to order at 6:01 p.m. by Mayor Cooke. Councilmembers present: Berrios, Boyce, Higgins, Ralph, Ranniger, and Thomas. OPENING REMARKS Mayor Cooke noted that the 38 applications will be reviewed in executive session and the finalists chosen will be interviewed by the Council on February 25, 2014. Council President Ralph discussed the application process and how the meeting would proceed. EXECUTIVE SESSION At 6:10 p.m., Mayor Cooke announced that the Council would recess into an Executive Session for one hour to discuss the qualifications of a candidate for appointment to elective office per RCW 42.30.110(1)(h). At 7:12 p.m., the Executive Session concluded and Mayor Cooke reconvened the regular meeting. RECESS At 7:13 p.m., Mayor Cooke called for a five minute recess. At 7:18 p.m., Mayor Cooke reconvened the regular meeting. ACTION AFTER EXECUTIVE SESSION Councilmember Higgins commented that the process of choosing from the list of well qualified applicants was hard and that at least a dozen of the applicants are well qualified. He encouraged those that weren't chosen to stay involved with City activities and highlighted several ways to stay active in local government. Council President Ralph thanked the applicants for applying and also encouraged the applicants to stay involved in government. Councilmember Thomas moved to advance the following candidates to an interview to fill the vacant Council Position #6 on February 25, 2014, Jed Aldridge, Christine Budell, Brenda Fincher, Barbara Phillips, Debra Raplee, David Schwartz, and Sarah Veele, seconded by Councilmember Boyce. Motion carried 6-0. ADJOURNMENT The meeting adjourned at 7:27 p.m. Ronald F. Moore, MMC City Clerk 40. KF14 Agenda Item: Consent Calendar - 7B TO: City Council DATE: February 18, 2014 SUBJECT: Public Disclosure Administrator Position - Authorize MOTION: Authorize the Mayor to add a Public Disclosure Administrator position to the City Clerk's Office, including a budget adjustment of $11,408, and freeze the position of Deputy City Clerk until further notice. SUMMARY: The purpose of this item is to create a position for and hire a Public Disclosure Administrator within the current FTE count for the City Clerk's Office. The Records Management Administrator is responsible for both the public disclosure request process and all records management in the City Clerk's Office. On September 30, 2013, the Deputy City Clerk retired and the position has been vacant since then. The current deputy city clerk position is more administrative in nature. Overall, in the City Clerk's Office, the need for a deputy city clerk is much lower than the need for two highly skilled positions performing records management and public disclosure work. Therefore, the records management duties from the deputy city clerk should be moved to the records management position and the public disclosure duties should be removed and placed in a new position, Public Disclosure Administrator. Furthermore, City Clerk's Office is now responsible for the redacting of exempt documents in the processing of public disclosure requests. The number of requests and complexity of public disclosure requests has grown through the years, i.e. there were 781 requests in 2007 versus 1,688 in 2013, with over 1,000 pertaining to police records. RECOMMENDED BY: Operations Committee YEA: Thomas - Boyce - Ralph NAY: BUDGET IMPACT: The budget impact of this ordinance is an increase in the City Clerk's budget of $11,408 per year. This page intentionally left blank. KENT ° Agenda Item: Consent Calendar - 7C TO: City Council DATE: February 18, 2014 SUBJECT: Ordinance Changing Council Workshop Time - Adopt MOTION: Move to adopt Ordinance No. , amending Section 2.01.020 of the Kent City Code to change the Council workshop meeting time to 5:00 p.m. on all regular Council meeting days except when the regular Council meeting occurs at 5:00 p.m. SUMMARY: This Ordinance changes the Council workshop meeting time to 5:00 p.m. on days in which Council meetings occur at 7:00 p.m. in an effort to provide for more time to discuss complex issues and concerns brought before the Council. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Ralph - Thomas - Boyce NAY: BUDGET IMPACTS: None This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 2.01.020 of the Kent City Code to change the regular Council workshop meeting time to 5:00 p.m. on all days in which Council meetings occur at 7:00 p.m. RECITALS A. On July 7, 2009, the Council adopted ordinance No. 3923, that amended section 2.01.020 of the Kent City Code to identify two Council meetings where the Kent City Council would meet at an earlier 5:00 p.m. meeting time, and that established and affirmed a regular Council workshop to occur at 5:30 p.m. on all regular Council meeting days except when a regular Council meeting occurred at 5:00 p.m. B. The Council now wishes to amend the code to change the time in which regular Council workshops are scheduled to occur to 5:00 p.m. on all regular Council meeting days except when a regular Council meeting occurs at 5:00 p.m. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Council Workshop Regular Meeting Time ORDINANCE SECTION 1. -Amendment. Sec. 2.01.020 of the Kent City Code is amended to read as follows: Sec. 2.01.020. City council meetings. A. Meeting location. The regular and other meetings of the city council shall be held in the council chambers at the City Hall unless otherwise designated by majority of the city council at a regular or special meeting. B. Regular meeting date and time. The regular meetings shall be held on the first and third Tuesday of each month, except that during the month of December of each year, there shall be only one (1) regular council meeting to be held on the second Tuesday of said month. If a regular meeting occurs on a legal holiday, the meeting shall be held on the next business day at the same hour. Regular meetings shall convene at 7:00 p.m., except that the regular meeting scheduled for the first Tuesday in August and the first Tuesday in November shall be held at 5:00 p.m. C. Special meetings. Special meetings shall be held as provided by law at such times as may be designated. D. Council workshops. Council will hold workshops to discuss pending local and regional issues at 5:30 p.Fn5:00 p.m. on each regular council meeting day, except when a regular or special council meeting occurs at or before 5:30 p.m. Although typically no final action is expected to occur at these workshops, they do constitute regular council meetings and are 2 Council Workshop Regular Meeting Time subject to all the rights and limitations available to council at any regular meeting. SECTION 2, — Savings. The existing portions of Section 2.01.020 of the Kent City Code which are repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 3, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 4, — SeverabilitY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTIONS. — Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK 3 Council Workshop Regular Meeting Time APPROVED AS TO FORM: ARTHUR 11PAT" FITZPATRICK, ACTING CITY ATTORNEY PASSED: day of 12014. APPROVED: day of 12014. PUBLISHED: day of 12014. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P\0v,1\0b,nan,,\C,una1 wo k,noo M,M,n9 rma doa 4 Council Workshop Regular Meeting Time This page intentionally left blank. KENT Agenda Item: Consent Calendar- 7D TO: City Council DATE: February 18, 2014 SUBJECT: Emergency Guardrail Repair Service Contract with Peterson Brothers, Inc. - Authorize MOTION: Authorize the Mayor to sign a service agreement with Petersen Brothers Construction, Inc. to perform emergency repairs of damaged guardrails on an as needed basis in an amount not to exceed $20,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The city typically has several guardrails that are damaged or destroyed each year by vehicles due to severe weather or inattentive drivers. In the past we have spent time soliciting bids for each repair. Petersen Brothers is the only business that consistently responds and at this time is the sole provider for this service in the region. We are requesting the approval of this agreement to be able to expedite repairs. EXHIBITS: RECOMMENDED BY: Public Works Committee YEA: Berrios - Ralph - Higgins NAY: BUDGET IMPACTS: Funds would be made available by Council through the use of Business and Occupation Tax. KENT PUBLIC WORKS AGREEMENT between City of Kent and Petersen Brothers, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Petersen Brothers, Inc. organized under the laws of the State of Washington, located and doing business at 2008 East Valley Highway, Sumner, WA 98390, Phone: (253) 833-2544/Fax: (253) 863-5951, Contact: Ronald Petersen (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: The Contractor shall repair damaged guardrail on an on-call basis. Upon nofication, the Contractor agrees to submit a proposal for each guardrail repair to the City. The City will evaluate each proposal and approve the work prior to commencement of work. For a description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by December 31, 2014. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Twenty Thousand Dollars ($20,000.00). Applicable Washington State Retail Sales Tax on this contract shall be governed by WAC 458-20-171 and its related rules for the work contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. PUBLIC WORKS AGREEMENT - 1 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B. Retainaae. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. PUBLIC WORKS AGREEMENT - 2 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue, E. The Contractor has registered its business and established, an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the PUBLIC WORKS AGREEMENT - 3 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. PUBLIC WORKS AGREEMENT - 4 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. PUBLIC WORKS AGREEMENT - 5 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or PUBLIC WORKS AGREEMENT - 6 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. PUBLIC WORKS AGREEMENT - 7 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: Petersen Brothers, Inc. CITY OF KENT: i4j, By: /' By: (signature) (signature) Print Name: Ronald G. Petersen Print Name: Suzette Cooke Its President Its Mayor (title) DATE: 2-12-14 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Ronald Petersen Timothy J. LaPorte, P.E. Petersen Brothers, Inc. City of Kent 2008 East Valley Highway 220 Fourth Avenue South Sumner, WA 98390 Kent, WA 98032 (253) 833-2544 (telephone) (253) 856-5500 (telephone) (253) 863-5951 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Paa,s ,Brothers-2014 On call Guartlrail/Thomxs PUBLIC WORKS AGREEMENT - 8 (Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1, I have read the attached City of Kent administrative policy number 1,2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. far°l' Ronald G. Petersen For: Petersen Brothers Inc. Title: President Date:2-12-14 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Petersen Brothers Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as On-Call Guardrail Repair that was entered into on the (date), between the firm I represent and the City of Kent I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: Ronald G. Petersen For: Petersen Brothers Inc Title: President Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Scope of Work: The contractor shall, upon notice from the City, submit a proposal for guardrail repair. The repairs may vary in nature and price depending on the location and severity of the damage. Each quote shall contain an itemized list of materials to be replaced along with labor and equipment. The City will evaluate each proposal and accept or reject it, notifying the contractor of its decision. The total amount authorized for this agreement shall not exceed $20,000, including Washington State sales tax. EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Page 1 of 17 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, workers wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 2/5/2014 Count Trade Job Classification Wage lHoliday Overtimel Note King Asbestos Abatement Workers Journey Level $41.69 5D 1H King Boilermakers Journey Level $62.34 5N 1C King Brick Mason Brick And Block Finisher $43.26 5A 1M King Brick Mason Journey Level $50.12 5A 1M King Brick Mason Pointer-Caulker-Cleaner $50.12 5A 1M King Building Service Employees Janitor $20.59 5S 2F King Building Service Employees Traveling Waxer/Shampooer $21.001 5S 2F King Building Service Employees Window Cleaner (Non-Scaffold) $24.29 5S 2F King Building Service Employees Window Cleaner (Scaffold) $25.15 5S 2F King Cabinet Makers fin Shop) Journey Level $22.74 1 King Carpenters Acoustical Worker $50.82 5D 1M King Carpenters Bridge, Dock And Wharf $50.82 5D 1M Carpenters King Carpenters Carpenter $50.821 5D 1M King Carpenters Carpenters on Stationary Tools $50.95 5D 1M King Carpenters Creosoted Material $50.92 5D 1M King Carpenters Floor Finisher $50:82 5D 1M King Carpenters Floor Layer $50.82 5D 1M King Carpenters Scaffold Erector $50.82 5D 1M King Cement Masons Journey Level $51.18 7A 1M King Divers £t Tenders Diver $100.28 SD 1M 8A King Divers&Tenders Diver On Standby $56.68 5D 1M King Divers & Tenders Diver Tender $52.23 5D 1M King Divers a Tenders Surface Rcv & Rov Operator $52.23 5D 1M King Divers &Tenders Surface Rev & Rov Operator $48.67 5A 1B Tender King Dredge Workers Assistant Engineer $53.00 5D 3F King Dredge Workers Assistant Mate (Dockhand) $52.58 5D 3F https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 2 of 17 King Dredge Workers Boatmen $52.30N5D 3F King Dredge Workers Engineer Welder $54.04 3F King Dredge Workers Leverman, Hydraulic $55..17 3F King Dredge Workers Mates $52.30 3F King Dredge Workers Oiler $52.58 3F King Drywall Applicaor Journey Level $50.82 1 H King Drnroall Tapers Journey Level $49.79 1 E King Electrical Fixture Maintenance Journey Level $25.34 5L 1E Workers King Electricians - Inside Cable Splicer $64.24 7C 2W King Electricians - Inside Cable Splicer (tunnel) $69.07 7C 2W King Electricians - Inside Certified Welder $62.04 7C 2W King Electricians - Inside Certified Welder (tunnel) $66.65 7C 2W King Electricians - Inside Construction Stock Person __$34.191 7C 2W King Electricians - Inside Journey Level $59.85 7C 2W King Electricians - Inside Journey Level (tunnel) $64.24 7C 2W King Electricians - Motor Shop Craftsman $15.37 1 King Electricians - Motor Shop Journey Level $14.69 1 King Electricians - Powerline Cable Splicer $66.43 5A 4A Construction King Electricians - Powerline Certified Line Welder $60.75 5A 4A Construction King Electricians - Powertine Groundperson $42.36 SA 4A Construction King Electricians - Powerline Heavy Line Equipment $60.75 5A 4A Construction Operator King Electricians - Powertine Journey Level Lineperson $60.75 5A 4A Construction King Electricians - Powerline Line Equipment Operator $51.05 5A 4A Construction King Etectricians - Powerline Pole Sprayer $60.75 5A 4A Construction King Electricians - Powerline Powderperson $45.39 5A 4A Construction King Electronic Technicians Journey Level $31.00 1 King Elevator Constructors Mechanic $77.70T 7D 4A King Elevator Constructors Mechanic In Charge $84.24 7D 4A King Fabricated Precast Concrete All Classifications - In-Factory $14.60 5B 2K Products Work Only King Fence Erectors Fence Erector $15.18 1 King Flaggers Journey Level $35.34 7A 2Y King Glaziers Journey Level $53.76 7L 1Y King Heat Et Frost Insulators And Journeyman $58.93 5J 1s Asbestos Workers King Heating Equipment Mechanics Journey Level $69.37 7F 1 E King Hod Carriers 8 Mason Tenders Journey Level $42.99 7A 2Y King Industrial Power Vacuum Journey Level $9.32 1 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 3 of 17 Cteaner King Inland Boatmen Boat Operator $52.51 5B 1K King Inland Boatmen Cook $48.89 5B 1K King Inland Boatmen Deckhand $49.13 5B iK King Inland Boatmen Deckhand Engineer $50.12 5B 1K King Inland Boatmen Launch Operator $51.34 5B 1K King Inland Boatmen Mate $51.34 5B 1K King Insuection(Cleaning/Sealing Of Cleaner Operator, Foamer $31.49 1 Sewer 8 Water Systems By Operator Remote Control King Inspection/Cleaning/Sealing Of Grout Truck Operator $11.48 1 Sewer a Water Systems By Remote Control King nspection/Cleaning/Seating Of Head Operator $24.91 1 Sewer rt Water Systems By Remote Control King Inspection/Cleaning/Sealing Of Technician $19.33 1 Sewer & Water Systems By Remote Control King Inspection/Cleaning/Sealing Of Tv Truck Operator $20.45 1 Sewer a Water Systems By Remote Control King Insulation Applicators Journey Level $50.82 5D 1M King Ironworkers Journeyman $59.77 7N 10 King Laborers Air, Gas Or Electric Vibrating $41.69 7A 2Y Screed King Laborers Airtrac Dritt Operator $42.99 7A 2Y King Laborers Ballast Regular Machine $41.69 7A 2Y King Laborers Batch Weighman $35.34 7A 2Y King Laborers Brick Pavers $41.691 7A 2Y King Laborers Brush Cutter $41.69 7A 2Y King Laborers Brush Hog Feeder $41.69 7A 2Y King Laborers Burner $41.69 7A 2Y King Laborers Caisson Worker $42.99 7A 2Y King Laborers Carpenter Tender $41.69 7A 2Y King Laborers Caulker $41.69 7A 2Y King Laborers Cement Dumper-paving $42.46 7A 2Y King Laborers Cement Finisher Tender $41.69 7A 2Y King Laborers Change House Or Dry Shack $41.69 7A 2Y King Laborers Chipping Gun (under 30 Lbs.)J$42.46 R7A2y King Laborers Chipping Gun(30 Lbs. And Over) King Laborers Choker Setter King Laborers Chuck Tender King Laborers Clary Power Spreader King Laborers Ctean-up Laborer King Laborers Concrete Dumper/chute https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 2/5/2014 Page 4of17 Operator King Laborers Concrete Form Stripper $41.69 7A 2Y King Laborers Concrete Placement Crew $42,46 7A 2Y King Laborers Concrete Saw Operator/core _ $42.46 7A 2Y Driller King Laborers Crusher Feeder $35.34 7A 2Y King Laborers Curing Laborer .$41.69 7A 2Y King Laborers Demolition: Wrecking Et Moving $41.69 7A 2Y (incl. Charred Material) King Laborers Ditch Digger $41.69 7A 2Y King Laborers Diver $42.99 7A 2Y King Laborers Drill Operator $42.46 7A 2Y (hydraulic,diamond) King Laborers Dry Stack Watts $41.69 7A 2Y King Laborers Dump Person $41.69 7A 2Y King Laborers Epoxy Technician $41.69 7A 2Y King Laborers Erosion Control Worker $41.69 7A 2Y King Laborers Faller @ Bucker Chain Saw $42.46 7A 2Y King Laborers Fine Graders $41.69 7A 2Y King Laborers Firewatch $35.34 7A 2Y King Laborers Form Setter $41.69 7A 2Y King Laborers Gabian Basket Builders $41.69 7A 2Y King Laborers General Laborer $41.69 7A 2Y King Laborers Grade Checker &Transit $42.99 7A 2Y Person King Laborers Grinders $41.69 7A 2Y King Laborers Grout Machine Tender $41.691 7A 2Y King Laborers Groutmen (pressure)including $42.46 7A 2Y Post Tension Beams King Laborers Guardrail Erector $41.69 7A 2Y King Laborers Hazardous Waste Worker (level $42.99 7A 2Y A) King Laborers Hazardous Waste Worker (level $42.46 7A 2Y B) King Laborers Hazardous Waste Worker (level $41.69 7A 2Y C) King Laborers High Scaler $42.99 7A 2Y King Laborers Jackhammer $42.46 7A 2Y King Laborers Laserbeam Operator $42.46 7A 2Y King Laborers Maintenance Person $41.69 7A 2Y King Laborers Manhole Builder-mudman $42.46 7A 2Y King Laborers Material Yard Person $41.69 7A 2Y King Laborers Motorman-dinky Locomotive $42.46 7A 2Y King Laborers Nozzleman (concrete Pump, $42.46 7A 2Y Green Cutter When Using Combination Of High Pressure Air & Water On Concrete @ https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 2/5/2014 Page 5 of 17 Rock, Sandblast, Gunite, Shotcrete, Water Bla King Laborers Pavement Breaker r$42,46 7A 2Y King Laborers Pilot Car 7A 2Y King Laborers Pipe Layer Lead 7A 2Y King Laborers Pipe Layer/tailor 7A 2Y King Laborers Pipe Pot Tender 7A 2Y King Laborers Pipe Reliner 7A 2Y King Laborers Pipe Wrapper $42.461 7A 2Y King Laborers Pot Tender $41.69 7A 2Y King Laborers Powderman r$42.99 7A 2Y King Laborers Powderman's Helper 7A 2Y King Laborers Power Jacks 7A 2Y King Laborers Railroad Spike Puller - Power 7A 2Y King Laborers Raker - Asphalt 7A 2Y King Laborers Re-timberman 7A 2Y King Laborers Remote Equipment Operator $42.46 7A 2Y King Laborers Rigger/signal Person $42.46 7A 2Y King Laborers Rip Rap Person $41.69 7A 2Y King Laborers Rivet Buster $42.46 7A 2Y King Laborers Rodder $42.4637A :2YKing Laborers Scaffold Erector $41.69King Laborers Scale Person $41.69King Laborers Sloper (over 20") $42.46King Laborers SloperSprayer $41.69King Laborers Spreader (concrete) $42.46 King Laborers Stake Hopper $41.69 7A 2Y King Laborers Stock Piler $41.69 7A 2Y King Laborers Tamper Fx Similar Electric, Air $42.46 7A 2Y Ft Gas Operated Tools King Laborers Tamper (multiple B Self- $42.46 7A 2Y propelled) King Laborers Timber Person - Sewer (lagger, $42.46 7A 2Y Sharer 8 Cribber) King Laborers Toolroom Person (at Jobsite) $41.69 7A 2Y King Laborers Topper $41.69 7A 2Y King Laborers Track Laborer $41.69 7A 2Y King Laborers Track Liner (power) $42.46 7A 2Y King Laborers Traffic Control Laborer $37.79 7A 2Y SR King Laborers Traffic Control Supervisor $37.79 7A 2Y 8R King Laborers Truck Spotter $41.69 7A 2Y King Laborers Tugger Operator $42.46 7A 2Y King Laborers Tunnel Work-Compressed Air $60.06 7A 2Y S Worker 0-30 psi King Laborers Tunnel Work-Compressed Air $65.09 7A 2Y https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 6 of 17 Worker 30.01-44.00 psi King Laborers Tunnel Work-Compressed Air $68.77 7A 2Y 5—q Worker 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air $74.47 7A 2Y 8S Worker 54.01-60.00 psi King Laborers Tunnel Work-Compressed Air $76.59 7A 2Y 8S Worker 60.01-64.00 psi King Laborers Tunnel Work-Compressed Air $81.69 7A 2Y 8D Worker 64.01-68.00 psi King Laborers Tunnel Work-Compressed Air $83.59 7A 2Y 8g Worker 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air $85.59 7A 1H S Worker 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air $87.59 7A 1H s Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock $43.09 7A 2Y 8D Tender King Laborers Tunnel Work-Miner $43.09j 7A ZY Q King Laborers Vibrator $42.46 7A 2Y King Laborers Vinyl Seamer $41.69 7A 2Y King Laborers Watchman $32.12 7A 2Y King Laborers Welder $42.46 7A 2Y King Laborers Well Point Laborer $42.46 7A 2Y King Laborers Window Washer/cleaner $32.12 7A 2Y King Laborers - Underground Sewer General Laborer Et Topman $41.69 7A 2Y D Water King Laborers - Underground Sewer Pipe Layer $42.46 7A 2Y Et Water King Landscape Construction Irrigation Or Lawn Sprinkler $13.56 1 Installers King Landscape Construction Landscape Equipment $28.17 1 Operators Or Truck Drivers King Landscape Construction Landscaping or Planting $17.87 1 Laborers King Lathers Journey Level $50.82 5D 1H King Marble Setters Journey Level $50.12 5A 1M King Metal Fabrication (In Shop) Fitter $15.86 1 King Metal Fabrication (in Shop) Laborer $9.78 1 King Metal Fabrication (in Shop) Machine Operator $13.04 1 King Metal Fabrication (In Shop) Painter $11.10 1 King Metal Fabrication (In Shop) Welder $15.48 1 King Millwright Journey Level $51.92 5D 1M King Modular Buildings Cabinet Assembly 1$9.'40 1 King Modular Buildings Electrician 1 King Modular Buildings Equipment Maintenance 1 King Modular Buildings Plumber 1 King Modular Buildings Production Worker 1 https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 2/5/2014 Page 7 of 17 King Modular Buildings Tool Maintenance $11.561 1 1 King Modular Buildings Utility Person $11.561 1 1 King Modular Buildings Welder $11.56 1 King Painters Journey Level $36.64 6Z 2B King Pile Driver Journey Level $51.07 5D 1M King Plasterers Journey Level $49.29 Z_Q 1 R King Playground & Park Equipment Journey Level $9.32 1 Instatlers King Plumbers it Pipefitters Journey Level $72.69 6Z 1G King Power Equipment Operators Asphalt Plant Operators $53.49 7A 3C 8P King Power Equipment Operators Assistant Engineer $50.221 7A 3C 8P King Power Equipment Operators Barrier Machine (zipper) $53.00 7A 3C 8P King Pourer Equipment Operators Batch Plant Operator, $53.00 7A 3C 8P Concrete King Power Equipment Operators Bobcat $50.22 7A 3C 8P King Power Equipment Operators Brokk- Remote Demolition $50.22 7A 3C 8P Equipment King Power Equipment Operators Brooms $50.22 7A I 3C 8P King Power Equipment Operators Bump Cutter $53.001 7A I 3C 8P King Power Equipment Operators Cableways $53.49 7A 3C 8P King Power Equipment Operators Chipper $53.00 7A 3C 8P King Power Equipment Operators Compressor $50.22 7A 3C SP King Power Equipment Operators Concrete Pump: Truck Mount F50. 7A 3C 8P With Boom Attachment Over 42 M King Power Equipment Operators Concrete Finish Machine -laser 7A 3C 8P Screed King Power Equipment Operators Concrete Pump - Mounted Or 7A 3C 8P Trailer High Pressure Line Pump, Pump High Pressure. King Power Equipment Operato s Concrete Pump: Truck Mount $53.00 7A 3C 8P With Boom Attachment Up To 42m King Power Equipment Operators Conveyors $52.58 7A I 3C 8P King Power Equipment Operators Cranes: 20 Tons Through 44 $53.00 7A 3C 8P Tons With Attachments King Power Equipment Operators Cranes: 100 Tons Through 199 $54.04 7A 3C 8P Tons, Or 150'Of Boom (Including Jib With Attachments) King Power Equipment Operators Cranes: 200 Tons To 300 Tons, $54.61 7A 3C 8P Or 250' Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: 45 Tons Through 99 $53.49 7A 3C 8P Tons, Under 150' Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: A-frame - 10 Tons And $50.22 7A 3C 8P Under https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 2/5/2014 ...._........ . . Page 8 of 17 King Power Equipment Operators Cranes: Friction 100 Tons $54.61 7A 3C 8P Through 199 Tons King Power Equipment Operators Cranes: Friction Over 200 Tons $55.17 7A 3C 8P King Power Equipment Operators Cranes: Over 300 Tons Or 300' $55.17 7A 3C 8P Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: Through 19 Tons With $52.58 7A 3C 8P Attachments A-frame Over 10 Tons King Power Equipment Operators Crusher $53.00 7A 3C 8P King Power Equipment Operators Deck Engineer/deck Winches $53.00 7A 3C 8P (power) King Power Equipment Operators Derricks, On Building Work $53.49 7A 3C 8P King Power Equipment Operators Dozers D-9 Ft Under $52.58 7A 3C 8P King Power Equipment Operators Drill Oilers: Auger Type, Truck $52.58 7A 3C 8P Or Crane Mount King Pmv Equipment Operators Drilling Machine $53.00 7A 3C 8P King Pourer Equipment Operators Elevator And Man-lift: $50.22 7A 3C 8P Permanent And Shaft Type King Power Equipment Operators Finishing Machine, Bidwell And $53.00 7A 3C 8P Gamaco 8 Similar Equipment King Power Equipment Operators Forklift: 3000 Lbs And Over $52.58 7A 3C SP With Attachments King Power Equipment Operators Forklifts: Under 3000 Lbs. With $50.22 7A 3C 8P Attachments King Power Equipment Operators Grade Engineer: Using Blue $53.00 7A 3C . 8P Prints, Cut Sheets, Etc King Power Equipment Operators Gradechecker/stakeman $50.22 7A 3C 8P King Power Equipment Operators Guardrail Punch $53.00 7A 3C 8P King Power Equipment Operators Hard Tail End Dump' $53.49 7A 3C 8P Articulating Off- Road Equipment 45 Yards. 8 Over King Power Equipment Operators Hard Tail End Dump $53.00 7A 3C 8P Articulating Off-road Equipment Under 45 Yards King Power Equipment Operators Horizontal/directional Drill $52.58 7A 3C 8P Locator King Power Equipment Operators Horizontal/directional Drill $53.00 7A 3C 8P Operator King Pawer Equipment Operators Hydralifts/boom Trucks Over $52.58 7A 3C 8P 10 Tons King Power Equipment Operators Hydralifts/boom Trucks, 10 $50.22 7A 3C 8P Tons And Under King Power Equipment Operators Loader, Overhead 8 Yards. Ft $54.04 7A 3C 8P Over King Power Equipment Operators Loader, Overhead, 6 Yards. But $53.49 7A 3C 8P Not Including 8 Yards King Power Equipment Operators Loaders, Overhead Under 6 $53.00 . 7A 3C 8P Yards https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 9 of 17 King Power Equipment Operators Loaders, Plant Feed $53.00 7A 3C 8P King Power Equipment Operators Loaders: Elevating Type Belt $52.58 7A 3C 8P King Power Equipment Operators Locomotives, All $53.00 7A 3C 8P King Power Equipment Operators Material Transfer Device $53.00 7A 3C 8P King Power Equipment Operators Mechanics, All (leadmen - $54.04 7A 3C 8P $0.50 Per Hour Over Mechanic) King Power Equipment Operators Motor Patrol Grader- Non- $52.58 7A 3C 8P finishing King Power Equipment Operators Motor Patrol Graders, Finishing $53.49 7A 3C 8P King Power Equipment Operators Mucking Machine, Mole, Tunnel $53.49 7A 3C 8P Drill, Boring, Road Header And/or Shield King Power Equipment Operators Oil Distributors, Blower $50.22 7A 3C 8P Distribution Ex Mulch Seeding Operator King Power Equipment Operators Outside Hoists (elevators And $52.58 7A 3C SP Manlifts), Air Tuggers,strato King Power Equioment Operators Overhead, Bridge Type Crane: $53.00 7A 3C 8P 20 Tons Through 44 Tons King Power Equipment Operators Overhead, Bridge Type: 100 $54.04 7A 3C 8P Tons And Over King Power Equipment Operators Overhead, Bridge Type: 45 $53.49 7A 3C 8P Tons Through 99 Tons King Power Equipment Operators Pavement Breaker $50.22 7A 3C 8P King Power Equipment Operators Pile Driver (other Than Crane $53.00 7A 3C 8P Mount) King Power Equipment Operators Plant Oiler - Asphalt, Crusher $52.58 7A 3C 8P King Power Equipment Operators Posthole Digger, Mechanical $50.22 7A 3C 8P King Power Equioment Operators Power Plant $50.221 7A 3C 8P King Power Equipment Operators Pumps - Water $50.221 7A 3C 8P King Power Equipment Operators Quad 9, Hd 41, D10 And Over $53.49 7A 3C 8P King Power Equipment Operators Quick Tower- No Cab, Under $50.22 7A 3C 8P 100 Feet In Height Based To Boom King Power Equipment Operators Remote Control Operator On $53.49 7A 3C 8P Rubber Tired Earth Moving Equipment King Power Equipment Operators Rigger And Bellman $50.22 7A 3C 8P King Power Equipment Operators Rollagon $53.49 7A 3C 8P King Power Equipment Operators Roller, Other Than Plant Mix $50.22 7A 3C 8P King Power Equipment Operators Roller, Plant Mix Or Multi-lift $52.58 7A 3C 8P Materials King Power Equipment Operators Roto-mill, Roto-grinder $53.00 7A 3C 8P King Power Equipment Operators Saws - Concrete $52.58 7A 3C 1 8P King Power Equipment Operators Scraper, Self Propelled Under $53.00 7A 3C 8P 45 Yards King Power Equipment Operators Scrapers - Concrete Ft Carry All 1 $52.58 7A 3C 8P King Power Equipment Operators Scrapers, Self-propelled: 45 $53.49 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 10 of 17 Yards And Over King Power Equipment Operators Service Engineers - Equipment $52.58 7A 3C 8P King Power Equipment Operators Shotcrete/gunite Equipment $50.22 7A 3C 8P King Power Equipment Operators Shovel , Excavator, Backhoe, $52.58 7A 3C 8P Tractors Under 15 Metric Tons. King Power Equipment Operators Shovel, Excavator, Backhoe: $53.49 7A 3C 8P Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes, $53.00 7A 3C 8P Tractors: 15 To 30 Metric Tons King Power Equipment Ooerators Shovel, Excavator, Backhoes: $54.04 7A 3C 8P Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes: $54.61 7A 3C 8P Over 90 Metric Tons King Power Equipment Operators Slipform Pavers $53.49 7A 3C 8P King Power Equipment Operators Spreader, Topsider& $53.49 7A 3C 8P Screedman King Power Equipment Operators Subgrader Trimmer $53.00 7A 3C 8P King Power Equipment Operators Tower Bucket Elevators $52.581 7A 3C 8P King Power Equipment Operators Tower Crane Over 175'in $54.61 7A 3C 8P Height, Base To Boom King Power Equipment Operators Tower Crane Up To 175' In $54.04 7A 3C 8P Height Base To Boom King Power Equipment Operators Transporters, All Track Or $53.49 7A 3C 8P Truck Type King Power Equipment Operators Trenching Machines $52.58 7A 3C 8P King Power Equipment Operators Truck Crane Oiler/driver - 100 $53.00 7A 3C 8P Tons And Over King Power Equipment Operators Truck Crane Oiler/driver Under $52.58 7A 3C 8P 100 Tons King Power Equipment Operators Truck Mount Portable Conveyor $53.00 7A 3C 8P King Power Equipment Operators Welder $53.49 7A 3C 8P King Power Equipment Operators Wheel Tractors, Farmall Type $50.22 7A 3C 8P King Power Equipment Operators Yo Yo Pay Dozer $53,00 7A 3C 8P King Power Equipment Operators- Asphalt Plant Operators $53.49 7A 3C 8P Underground Sewer a Water King Power Equipment operators- Assistant Engineer $50.22 7A 3C 8P Underground Sewer 8 Water King Power Equipment Operators- Barrier Machine (zipper) $53.00 7A 3C 8P Underground Sewer Ft Water King Power Equipment Operators- Batch Plant Operator, $53.00 7A 3C 8P Underground Sewer $ Water Concrete King Power Equipment Operators- Bobcat $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Brokk - Remote Demolition $50.22 7A 3C 8P Underground Sewer 8 Water Equipment King Power Equipment Operators- . Brooms $50.22 7A 3C SP Underground Sewer& Water https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 11 of 17 King Power Equipment Operators- Bump Cutter $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Cableways $53.49 7A 3C SP , Underground Sewer a Water King Power Equipment Operators- Chipper $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Compressor $50.22 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Concrete Pump: Truck Mount $53.49 7A 3C 8P Underground Sewer a Water With Boom Attachment Over 42 M King Power Equipment Operators- Concrete Finish Machine -laser $50.22 7A 3C 8P Underground Sewer a Water Screed King Power Equipment Operators- Concrete Pump - Mounted Or $52.58 7A 3C 8P Underground Sewer a Water Trailer High Pressure Line Pump, Pump High Pressure. King Power Equipment Operators- Concrete Pump: Truck Mount $53.00 7A 3C SP Underground Sewer a Water With Boom Attachment Up To 42m King Power Equipment Operators- Conveyors $52.58 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Cranes: 20 Tons Through 44 $53.00 7A 3C 8P Underground Sewer a Water Tons With Attachments King Power Equipment Operators- Cranes: 100 Tons Through 199 $54.04 7A 3C 8P Underground Sewer a Water Tans, Or 150' Of Boom (Including Jib With Attachments) King Power Equipment Operators- Cranes: 200 Tons To 300 Tons, $54.61 7A 3C 8P Underground Sewer a Water Or 250'Of Boom (including Jib With Attachments) King Power Equipment Operators- Cranes: 45 Tons Through 99 $53.49 7A 3C 8P Underground Sewer a Water Tons, Under 150' Of Boom (including Jib With Attachments) King Power Equipment Operators- Cranes: A-frame - 10 Tons And $50.22 7A 3C SP Underground Sewer a Water Under King Power Equipment Operators- Cranes: Friction 100 Tons $54.61 7A 3C 8P Underground Sewer Et Water Through 199 Tons King Power Equipment Operators- Cranes: Friction Over 200 Tons $55.17 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Cranes: Over 300 Tans Or 300' $55.17 7A 3C 8P Underground Sewer a Water Of Boom (including Jib With Attachments) King Power Equipment Operators- Cranes: Through 19 Tons With $52.58 7A 3C 8P Underground Sewer a Water Attachments A-frame Over 10 Tons King Power Equipment Operators- Crusher $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Deck Engineer/deck Winches $53.00 7A 3C 8P Underground Sewer a Water (power) King Power Equipment Operators- Derricks, On Building Work $53.49 7A 3C 8P https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 2/5/2014 Page 12 of 17 Underground Sewer EL Water King Power Equipment Operators- Dozers D-9 Et Under $52.58 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Drill Oilers: Auger Type, Truck $52.58 7A 3C 8P Underground Sewer & Water Or Crane Mount King Power Equipment Operators- Drilling Machine $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Elevator And Man-lift: $50.22 7A 3C 8P Underground Sewer a Water Permanent And Shaft Type King Power Equipment Operators- Finishing Machine, Bidwell And $53.00 7A 3C 8P Underground Sewer &Water Gamaco &Similar Equipment King Power Equipment Operators- Forklift: 3000 Lbs And Over $52.58 7A 3C 8P Underground Sewer &Water With Attachments King Power Equipment Operators- Forklifts: Under 3000 Lbs. With $50.22 7A 3C 8P Underground Sewer&Water Attachments King Power Equipment Operators- Grade Engineer: Using Blue $53.00 7A 3C 8P Underground Sewer &Water Prints, Cut Sheets, Etc King Power Equipment Operators- Gradechecker/stakeman $50.22 7A 3C 8P Underground Sewer &Water King Power Equipment Operators- Guardrail Punch $53,00 7A 3C 8P Underground Sewer &Water King Power Equipment Operators- Hard Tail End Dump $53.49 7A 3C 8P Underground Sewer a Water Articulating Off- Road Equipment 45 Yards. & Over King Power Equipment Operators- Hard Tail End Dump $53.00 7A 3C 8P Underground Sewer & Water Articulating Off-road Equipment Under 45 Yards King Power Equipment Operators- Horizontal/directional Drill $52.58 7A 3C 8P Underground Sewer a Water Locator King Power Equipment Operators Horizontal/directional Drill $53.00 7A 3C 8P Underground Sewer &Water Operator King Power Equipment Operators- Hydralifts/boom Trucks Over $52.58 7A 3C 8P Underground Sewer a Water 10 Tons King Power Equipment Operators- Hydralifts/boom Trucks, 10 $50.22 7A 3C 8P Underground Sewer a Water Tons And Under King Power Equipment Operators- Loader, Overhead 8 Yards. Et $54.04 7A 3C 8P Underground Sewer & Water Over King Power Equipment Operators- Loader, Overhead, 6 Yards. But $53.49 7A 3C 8P Underground Sewer a Water Not Including 8 Yards King Power Equipment Operators- Loaders, Overhead Under 6 $53.00 7A 3C 8P Underground Sewer &Water Yards King Power Equipment Operators- Loaders, Plant Feed $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Loaders: Elevating Type Belt $52.58 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Locomotives, All $53.00 7A 3C 8P Underground Sewer &Water King Power Equipment Operators- Material Transfer Device $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Mechanics, All (leadmen - $54.04 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 13 of 17 Underground Sewer Et Water $0.50 Per Hour Over Mechanic) King Power Equipment Operators- Motor Patrol Grader- Non-, $52.58 7A 3C 8P Underground Sewer Et Water finishing King Power Equipment Operators- Motor Patrol Graders, Finishing $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Mucking Machine, Mole, Tunnel $53.49 7A 3C 8P Underground Sewer Et Water Drill, Boring, Road Header And/or Shield King Power Equipment Operators- Oil Distributors, Blower $50.22 7A 3C 8P Underground Sewer a Water Distribution 8 Mulch Seeding Operator King Power Equipment Operators- Outside Hoists (elevators And $52.58 7A 3C 8P Underground Sewer a Water Manlifts), Air Tuggers,strato King Power Equipment Operators- Overhead, Bridge Type Crane: $53.00 7A 3C 8P Underground Sewer &Water 20 Tons Through 44 Tons King Power Equipment Operators- Overhead, Bridge Type: 100 $54.04 7A 3C 8P Underground Sewer Et Water Tons And Over King Power Equipment Operators- Overhead, Bridge Type: 45 $53.49 7A 3C 8P Underground Sewer Et Water Tons Through 99 Tons King Power Equipment Operators- Pavement Breaker $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pile Driver (other Than Crane $53.00 7A 3C 8P Underground Sewer E Water Mount) King Power Equipment Operators- Plant Oiler- Asphalt, Crusher $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Posthole Digger, Mechanical $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Power Plant $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pumps -Water $50.22 7A 3C 8P Underground Sewer 8 Water King Power Equipment Operators- Quad 9, Hd 41, D10 And Over $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Quick Tower- No Cab, Under $50.22 7A 3C 813 Underground Sewer Et Water 100 Feet In Height Based To Boom King Power Equipment Operators- Remote Control Operator On $53.49 7A 3C 8P Underground Sewer Et Water Rubber Tired Earth Moving Equipment King Power Equipment Operators- Rigger And BeUman $50.22 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Rollagon $53.49 7A 3C 8P Underground Sewer 8 Water King Power Equipment Operators- Roller, Other Than Plant Mix $50.22 7A EC 8P Underground Sewer 8 Water King Power Equipment Operators Roller, Plant Mix Or Multi-lift $52.58 7A 3C 8P Underground Sewer a Water Materials King Power Equipment Operators- Roto-milt, Roto-grinder $53.00 7A 3C SP Underground Sewer Et Water King Power Equipment Operators- Saws - Concrete $52.58 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 14 of 17 Underground Sewer a Water King Power Equipment Operators- Scraper, Self Propelled Under $53.00 7A 3C 8P Underground Sewer a Water 45 Yards King Power Equipment Operators- Scrapers - Concrete Et Carry All $52.58 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Scrapers, Self-propelled: 45 $53.49 7A 3C 8P tlndergrOUnd Sewer a Water Yards And Over King Power Equipment Operators- Service Engineers - Equipment $52.58 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Shotcrete/gunite Equipment $50.22 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Shovel , Excavator, Backhoe, $52.58 7A 3C 8P Underground Sewer a Water Tractors Under 15 Metric Tons. King Power Equipment Operators- Shovel, Excavator, Backhoe: $53.49 7A 3C 8P Underground Sewer a Water Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes, $53.00 7A 3C 8P Underground Sewer a Water Tractors: 15 To 30 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: $54.04 7A 3C 8P Underground Sewer a Water Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: $54.61 7A 3C 8P Underground Sewer a Water Over 90 Metric Tons King Power Equipment Operators- Slipform Pavers $53.49 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Spreader, Topsider a $53.49 7A 3C 8P Underground Sewer a Water Screedman King Power Equipment Operators- Subgrader Trimmer $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Tower Bucket Elevators $52.58 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Tower Crane Over 175'in $54.61 7A 3C 8P Underground Sewer a Water Height, Base To Boom King Power Equipment Operators- Tower Crane Up To 175' In $54.04 7A 3C 8P Underground Sewer a Water Height Base To Boom King Power Equioment Goerators- Transporters, All Track Or $53.49 7A 3C 8P Underground Sewer a Water Truck Type King Power Equipment Operators- Trenching Machines $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Truck Crane Oiler/driver- 100 $53.00 7A 3C 8P Underground Sewer Et Water Tons And Over King Power Equipment Operators- Truck Crane Oiler/driver Under $52.58 7A 3C 8P Underground Sewer a Water 100 Tons King Power Equipment Operators- Truck Mount Portable Conveyor $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Welder $53.49 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Wheel Tractors, Farmall Type $50.22 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Yo Yo Pay Dozer $53.00 7A 3C 8P https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 2/5/2014 Page 15 of 17 Underground Sewer 8 Water King Power Line Clearance Tree Journey Level In Charge $43.76 5A 4A Trimmers King Power Line Clearance Tree Spray Person $41.51 5A 4A Trimmers King Power Line Clearance Tree Tree Equipment Operator $43.76 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer $39.10 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer Groundperson $29.44 5A 4A Trimmers King Refrigeration Ft Air Journey Level $71.46 6Z 1G Conditioning Mechanics King Residential Brick Mason Journey Level $50.12 5A iM King Residential Carpenters Journey Level $28.20 1 King Residential Cement Masons Journey Level $22.64 1 King Residential Drywall Applicators Journey Level $39.62 5D 1M King Residential Drywall Tapers Journey Level $49.79 5P 1 E King Residential Electricians Journey Level $30.44 1 King Residentiat Glaziers Journey Level $35.10 71- 1 H King Residential Insulation Journey Level $26.28 1 Applicators King Residential Laborers Journey Level !$23.03 King Residential Marble Setters Journey Level 09 King Residential Painters Journey Level 46 King Residential Plumbers Et Journey Level 69 1 Pipefitters King Residential Refrigeration £t Air Journey Level $71.46 6Z 1G Conditioning Mechanics King Residential Sheet Metat Journey Level (Field or Shop) $41.84 7F 1R Workers King Residential Soft Floor Lavers Journey Level $42.151 5A I 3D King Residential Sprinkler Fitters Journey Level $40.81 5C 2R (Fire Protection) King Residential Stone Masons Journey Level $50.12 5A 1M King Residential Terrazzo Workers Journey Level $46.96 5A 1M King Residentiat Terrazzo/Tile Journey Level $21.46 1 Finishers King Residentiat Tile Setters Journey Level $25.17 1 King Roofers Journey Level $44.21 5A 111 King Roofers Using Irritable Bituminous $47.21 5A 1 R Materials King Sheet Metal Workers Journey Level (Field or Shop) $69.37 7F 1E King Shipbuilding g Ship Repair Boilermaker $39.66 7M 111 King Shipbuitding a Ship Repair Carpenter $38.24 70 3B King Shipbuilding 8 Ship Repair Electrician $37.82 70 3B King Shipbuilding a Ship Repair Heat Et Frost Insulator $58.93 5J is https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 2/5/2014 Page 16 of 17 King Shipbuilding & Ship Repair Laborer $36.781 70 I 3B King Shipbuilding & Ship Repair Machinist $37.81 70 3B King Shipbuilding & Ship Repair Operator $40.15 70 3B King Shipbuilding & Ship Repair Painter $37.79 70 3B King Shipbuilding & Ship Repair Pipefitter $37.77 7O 3B King Shipbuilding & Ship Repair Rigger $37.76 70 3B King Shipbuilding & Ship Repair Sandblaster $36.78 70 3B King Shipbuilding & Ship Repair Sheet Metal $37.741 7O 3B King Shipbuilding a Ship Repair Shipfitter $37.76 70 3B King Shipbuilding Ft Ship Repair Trucker $37.59 70 3B King Shipbuilding Ft Ship Repair Warehouse $37.65 70 3B King Shipbuitding & Ship Repair Welder/Burner $37.76 70 3B King Sign Makers Ct Installers Sign Installer $22.92 1 (Electrical - King Sign Makers & Installers Sign Maker $21.36 1 tElectncall King Sign Makers & Installers (Non- Sign Installer $27.28 1 Electrical) King Sign Makers a installers (Non- Sign Maker $33.25 1 ElectricaU King Soft Floor Lavers Journey Level $42.15 5A 3D King Solar Controls For Windows Journey Level $12.44 1 King Sprinkler Fitters (Fire Journey Level $69.59 5C 1X Protection) King Stage Rigging Mechanics (Non Journey Level $13.23 1 Structural) King Stone Masons Journey Level $50A2 5A 1M King Street And Parking Lot Journey Level $19.09 1 Sweeper Workers King Survevors Assistant Construction Site $52.58 7A 3C 8P Surveyor King Surveyors Chainman $52.06 7A 3C 8P King Survevors Construction Site Surveyor $53.49 7A 3C 8P King Tetecommunication Journey Level $22.76 1 Technicians King Telephone Line Construction - Cable Splicer $36.01 5A 2B Outside King Telephone Line Construction - Hole Digger/Ground Person $20.05 5A 2B Outside King Telephone Line Construction - Installer (Repairer) $34.50 5A 2B Outside King Telephone Line Construction - Special Aparatus Installer I $36.01 5A 2B Outside King Telephone Line Construction - Special Apparatus Installer11 $35.27 5A 2B Outside King Telephone Line Construction - Telephone Equipment Operator $36.01 5A 2B Outside (Heavy) King Telephone Line Construction - Telephone Equipment Operator $33.47 5A 2B https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 Page 17 of 17 Outside (Light) King Telephone Line Construction - Telephone Lineperson $33.47 5A 2B Outside King Telephone Line Construction - Television Groundperson $19.04 5A 2B Outside King Telephone Line Construction - Television Lineperson/Installer $25.27 5A 2B Outside King Telephone Line Construction - Television System Technician $30.20 5A 2B Outside King Telephone Line Construction - Television Technician $27.09 5A 2B Outside King Telephone Line Construction - Tree Trimmer $33.47 5A 2B Outside King Terrazzo Workers Journey Level $46.96 5A 1M King Tile Setters Journey Level $21.65 1 King Tile, Marble &Terrazzo Finisher $37.79 5A 1 B Finishers King Traffic Control Stripers Journey Level $42.33 7A 1K King Truck Drivers Asphalt Mix Over 16 Yards (W. $47.91 5D 3A 8L WA-Joint Council 28) King Truck Drivers Asphalt Mix To 16 Yards (W. $47.07 5D 3A 8L WA-Joint Council 28) King Truck Drivers Dump Truck Ft Trailer $47.91 5D 3A 81- King Truck Drivers Dump Truck (W. WA-Joint $47.017 5D 3A 81 Council 28) King Truck Drivers Other Trucks (W. WA-Joint $47.91 5D 3A 8L Council 28) King Truck Drivers Transit Mixer $43.23 1 King Well Drillers 8 Irrigation Pump Irrigation Pump Installer $17.71 1 Installers King Well Drillers 8t Irrigation Pump Oiler $12.97 1 Installers King Well Drillers & Irrigation Pump Well Driller $18.00 1 Installers https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 2/5/2014 ------------- Benefit Code Key—Effective 8-31-2013 thru 3-4-2014 #############x•#####m#####x#:r##aax:###++:#axax##sa�sr.a:*a:+sarxtera#x##a:*a::exa:a::=xmxa:a:za:a::�a:m###s:r.#+ama#r+#x#ra+min.# Overtime Codes Overtime calculations are based on the hourly rate actually paid to the worker.On public works projects,the hourly rate must be not less than the prevailing rate of wage minus the hourly rate of the cost of ftinge benefits actually provided for the worker, 1. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-IIALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. The first two(2)hours after eight(8)regular hours Monday through Friday and the first ten(10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. D. The first two(2)hours before or after a five-eight(8)horn workweek day or a four-ten(10)hour workweek day and the first eight(8) hours worked the next day after either workweek shall be paid at one and one-half times the hourly rate of wage.All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. The first two (2)hours after eight(8)regular hours Monday tbrough Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. The first two(2) hours after eight(8)regular hours Monday through Friday and the first ten(10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked,except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. G. The first ten(10) hours worked on Saturdays and the first ten (10) hours worked on a fifth calendar weekday in a four-ten hour schedule, shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10)hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at doable the hourly rate of wage. H. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment breakdown)shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday - through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. L All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. J. The first two (2)hours after eight(8)regular horns Monday.tlrough Friday and the first ten (10)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over ten (10) hours Monday through Saturday,Sundays and holidays shall be paid at double the hourly rate of wage. K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. M. All hours worked on Saturday's (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 1 Benefit Code Key—Effective 8-31-2013 thru 3-4-2014 1. N. All hours worked on Saturdays (except makeup days) shall be paid at one and one-half times the hourly rate of wage.All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. O. The first ten (10) hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays,holidays and after twelve(12)hours,Monday through Friday and after ten(10)horns on Saturday shall be paid at double the hourly rate of wage. P. All hours worked on Saturdays(except makeup days if circumstances warrant) and Sundays shall be paid at one and one-half times the hourly rate of wage.All hours worked on holidays shall be paid at double the hourly rate of wage. Q. The first two (2) hours- after eight (8) regular hoes Monday through Friday and up to ten (10) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten(10) hours per day Monday through Saturday and all hours worked on Sundays and holidays(except Christmas day)shall be paid at double the hourly rate of wage. All hours worked on Christmas day shall be paid at two and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage. S. "Pile first two(2) hours attar eight(8) regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the Hourly rate of wage. All hours worked on holidays and all other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage, All hours worked on Labor Day shall be paid at three times the hourly rate of wage. V. All hours worked on Sundays and holidays(except Thanksgiving Day and Christmas day) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at double the hourly rate of wage. W. All hours worked on Saturdays and Sundays (except make-up days due to conditions beyond the control of the employer)) shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage'. X. The first four (4) hours alter eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage.All hours worked over twelve (12) hours Monday through Saturday,Sundays and holidays shall be paid at double the hourly rate of wage. When holiday falls on Saturday or Sunday, the day before Saturday, Friday,and the day after Sunday,Monday,shall be considered the holiday mid all work performed shall be paid at double the hourly rate of wage. Y. All hours worked outside the hours of 5:00 nm and 5:00 pm (or such other hours as may be agreed upon by any employer and the employee)and all hours worked in excess of eight(8)hours per day(10 hours per day for a 4 x 10 workweek)and on Saturdays and holidays(except labor day) shall be paid at one and one-half times the hourly rate of wage. (except for employees who are absent from work without prior approval on a scheduled workday during the workweek shall be paid at the straight-time rate until they have worked 8 hours in a day (10 in a 4 x 10 workweek)or 40 hours during that workweek.)All hours worked Monday through Saturday over twelve(12)hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage. Z. All hours worked on Saturdays and Sundays shall be paid atone and one-half times the hourly rate of wage.All hoes worked on holidays shall be paid the straight time rate of,pay in addition to holiday pay. 2 Benefit Code Key—Effective 8-31-2013 thru 3-4-2014 2 ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE, B. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. C. All hotus worked on Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at two times the hourly rate of wage. F. The first eight(8)hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay.All hours worked in excess of eight(8)hours on holidays shall be paid at double the hourly rate of wage. G. All hours worked on Sunday shall be paid at two times the hourly rate of wage.All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. H. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage.. K. All hours worked on holidays shall be paid at two times the hourly rate of wage in addition to the holiday pay. 0. All hours worked on Sundays and holidays shall be paid at one and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays and all hours worked over sixty(60)in one week shall be paid at double the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the Booty rate of waga.All hours worked over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage. W. The first two(2)hours after eight(8)regular hours Monday through Friday and the fist eight(8)hours on Saturday shall be paid atone and one-half times the hourly rate of wage. All Other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten-hour weekly schedule,either Monday thru Thursday or Tuesday thm Friday schedule,all hours worked after ten shall be paid at double the hourly rate of wage.The first eight(8)hours worked on the fifth day Shall be paid at one and one-half times the hourly rate of wage.All other hours worked on the fifth,sixth,and seventh days and on holidays shall be paid at double the hourly rate of wage. Y. All louts worked on Saturdays(except for make-up days)shall be paid at one and one-half times the hourly rate of wage.All hours worked Monday through Saturday over twelve(12)hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 3. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)1d0'URS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when four ten(10) hour shifts are established,or forty(40)hours of straight time per week,Monday through Friday,or outside the normal shift,and all work or Saturdays shall be paid at time and one-half the straight time rate.Hours worked over twelve hours(12)in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday and holidays shall be.paid at double the straight time rate of pay.Any shift starting between the hours of 6:00 pm and midnight shall receive an additional one dollar($1.00)per hour for all hours worked that shift.The employer shall have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations.After an employee has worked eight(8)hours at an applicable overtime rate,all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8)lours or more. 3 Benefit Code I(ey—Effective B-31-2013 thru 3-4-2014 3. B. The first four(4)hours after eight(8)regular hours Monday through Friday and the first twelve(12)hours on Saturday shall be paid at one and one-half times the hourly rate of wage.All hours worked over twelve(12)hours Monday through Saturday,and all boars worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when four ten(10) hour shifts are established,or forty(40)hours of straight time per week,Monday through Friday,or outside the normal shift,and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays shall be paid at double the hourly rate of wage.After an employee has worked eight(8)hours at an applicable overtime rate,all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8)hours or more. D. All hours worked between the hours of 6:00 pm and 6:00 am,Monday through Saturday,shall be paid at a premium rate of 15%over the hourly rate of wage.All other hours worked after 6:00 am on Saturdays,shall be paid at one and one-half times the hourly rate of wage.All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. All hours worked Sundays and holidays shall be paid at double the hourly rate of wage.Each week,once 40 hours of straight time work is achieved,then any hours worked over 10 hours per clay Monday through Saturday shall be paid at double the hourly wage rate. F. All hours worked on Saturday shall be paid at one slid one-half times the hourly rate of wage.All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. G. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when four ten(10)hour shifts are established,or forty(40)hours of straight time per week,Monday through Friday,,and all work on Saturdays shall be paid at time and one-half the straight time rate.Hours worked over twelve hours(12) in a single shift and all work performed after 8:00 am Sunday to 8:00 am Monday and Holidays shall be paid at double the straight time rate of pay.After an employee has worked eight(8)hours at an applicable overtime rate,all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8) hours or more. 4. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. All hours worked in excess o l eight(8)hours per day or forty(40)hours per week shall be paid at double the hourly rate of wage.All hours worked on Saturdays,Sundays and holidays shall be paid at double the hourly rate of wage. Holidav Codes 5. A. Holidays: New Year's Day, Memorial Day, independence Day, Labor Day, Thanksgiving Day, Friday after - Thanksgiving Day,and Clu-istmas Day(7). B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,the day before Christmas,and Christmas Day(8). C. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(8). D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). 4 Benefit Code Key—Effective 8-31-2013 thru 3-4-2014 H. Holidays:New Year's Day,Memorial Day,Independence Day,Thanksgiving Day,the Day after Thanksgiving Day, And Christmas(6). �. 1. Holidays:New Year's Day, Memorial Day,Independence Day, Labor Day,Thanksgiving Day, and Christmas Day (6). I. Holidays: New Years Day,Memorial Day,Independence Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day,And Christmas Day(7). K. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day,The Day Before Christmas,And Christmas Day(9). L. Holidays: New Year's Day, Marlin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,Friday After Thanksgiving Day,And Christmas Day(8). N. Holidays: Ncw Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day,The Friday After Thanksgiving Day,And Christmas Day(9). P. Holidays:New Year's Day, Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday And Saturday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). If A Holiday Falls On Sunday, The Following Monday Shall Be Considered As A Holiday. Q. Paid Holidays:New Year's Day, Memorial Day, Independence Day, Labor Day, 'Thanksgiving Day, and Christmas Day(6), R. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day Alter Thanksgiving Day,One-Half Day Before Christmas Day,And Christmas Day.(7 1/2). S. Paid Holidays: New You's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, And Christmas Day(7). T. Paid Holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,The Friday After Thanksgiving Day, Christmas Day, And The Day Before Or After Christmas (9). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(8)_ Holiday Codes Continued 6. A. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,The Friday After Thanksgiving Day,And Christmas Day(8). E. Paid Holidays: New Year's Day, Day Before Or After New Yo 's Day, Presidents Day, Memorial Day, Independence Day,Labor Day, Thanksgiving Day, Day After Thanksgiving Day, Christmas Day,And A Half-Day On Christmas Eve Day.(9 1/2). G. Paid Holidays:New Year's Day,Martin Luther King Jr. Day,Presidents' Day,Memorial Day,Independence Day, Labor Day,Veterans'Day,Thanksgiving Day,The Friday After Thanksgiving Day, Christmas Day,And Christmas Eve Day(11). H. Paid Holidays: New Year's Day, New Year's Eve Day, Memorial Day, Independence Day, Labor Day, 5 Benefit Code Key—Effective 8-31-2013 thru 3-4-2014 Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday(10). I. Paid Holidays:New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday After Thanksgiving Day,And Christmas Day(7). 6. T. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Last Working Day Before Christmas Day, And Christmas Day(9). Z. Holidays: New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday after Thanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the holiday. Holiday Codes Continued 7. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday And Saturday After Thanksgiving Day, And Christmas Day (8). Any Holiday Which Falls On A Sunday Shall Be Observed As A Holiday On The Following Monday. If any of the listed holidays falls on a Saturday,the preceding Friday shall be a regular work day. B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, "Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. C. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday Ailey Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shallbe observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday- D. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President's Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. F.. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(7), Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. F. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,the last working clay before Christmas day and Christmas day(8), Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. G. Holidays: New Year's Day, Memorial Day,Independence Day, Labor Day,Thanksgiving Day, and Christmas Day (6).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day(9).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 6 Benefit Code Key—Effective 8-31-2013 thru 3-4-2014 I, Holidays:New Year's Day,President's Day,Independence Day,Memorial Day,Labor Day,Thanksgiving Day,The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day(9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 7. 1. Holidays: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Chrismnas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. .Any holiday which falls on a Saturday shall be observed is a holiday,on the preceding Friday, K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls oil a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day,And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday, Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. M. Paid Holidays: New Year's Day, The Day after or before New Year's Day, President's Day, Memorial Day, Independence Day,Labor Day,Thanksgiving Day,the Friday after Thanksgiving Day,Christmas Day,And the Day after or before Christmas Day, 10). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.Any holiday which falls on a Saturday shall be observed as a holiday oil the preceding Friday. N. Holidays: New Year's Div, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(7).Any holiday which falls on a Sunday shall be observed as a holiday on - the following Monday.When Christmas falls on a Saturday,the preceding Friday shall be observed as a holiday. O. Paid Holidays: New Year's Day, The Day After Or Before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, The Day After Or Before atristmas Day,And The Employees Birthday. 11). Any holiday which.falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,And Christmas Day(7).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,the Last Working Day before Christmas Day and Christmas Day(8).Any holiday which falls on - a Sunday shall be observed as a holiday on the following Monday.If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. R. Paid Holidays:New Year's Day,the day after or before\ew Year's Day,President's Day,Memorial Day, Independence Day, Labor Day,Thanksgiving Day,the Friday after Thanksgiving Day,Christmas Day, and the day after or before Christmas Day(10).If any of the listed holidays'fall on Saturday,the preceding Friday shall be observed as the holiday.If any of the listed holidays falls oil a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly. S. Paid Holidays:New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday After Thanksgiving Day,Christmas Day,The Day After Christmas,And A Floating Holiday(9). If any of the listed holidays falls on a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly. Note Codes S. A. In addition to the hourly wage and fringe benefits,the following depth premiums apply to depths of fifty feet or more: 7 Benefit Code Key—Effective 8-31-2013 thru 3-4-2014 Over 50'To 100'-$2.00 per Foot for Each Foot Over 50 Feet Over 100'To 150'-$3.00 per Foot for Each Foot Over 100 Feet Over 150'To 220'-$4.00 per Foot for Each Foot Over 150 Feet Over 220'-$5.00 per Foot for Each Foot Over 220 Feet 3 C. In addition to the hourly wage and fringe benefits,the following depth premiums apply to depths of fifty feet or more: Over 50'To 100'-$1.00 per Foot for Each Foot Over 50 Peet Over 100'To 150'-$1.50 per Foot for Each Foot Over 100 Feet Over 150'To 200'-$2.00 per Foot for Each Foot Over 150 Feet Over 200'-Divers May Name Their Own Price D. Workers working with supplied air on hazmat projects receive an additional S 1.00 per hour. L. Workers on hazmat projects receive additional hourly premiums as follows-Level A: $0.75,Level B:$050,And Level C:$0.25. M. Workers on hazmat projects receive additional hourly premiums as follows:Levels A&B:$1.00,Levels C&D: $0.50. N. Workers on hazmat projects receive additional hourly premiums as follows-Level A:$1.00,Level B:$0,75,Level C:$0.50,And Level D:$0.25. P. Workers on hazmat projects receive additional hourly premiums as follows-Class A Suit:$2.00,Class B Suit: $1.50,Class C Suit:51.00,And Class D Suit$0.50. Q. The highest pressure registered on the gauge for an accumulated time of more than fifteen(15)minutes during the shift shall be used in determining the scale paid. R. Effective August 31,2012—A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized.A Traffic Control Laborer performs the setup,maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular,bicycle, and pedestrian traffic during construction operations.Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho.These classifications are only effective on or after August 31,2012. S. Effective August 31,2012—A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized.Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho.This classification is only effective on or after August 31,2012. T. Effective August 31,2012—A Traffic Control Laborer performs the setup,maintenance and removal of all temporary It control devices and construction signs necessary to control vehicular,bicycle,and pedestrian traffic during construction operations.Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho.This classification is only effective on or after August 31,2012. 8 This page intentionally left blank. This page intentionally left blank. KENT Agenda Item: Consent Calendar - 7E TO: City Council DATE: February 18, 2014 SUBJECT: Lab Sampling Agreement with Am Test, Inc. - Approve MOTION: Authorize the Mayor to sign a Goods and Services Agreement with Am Test, Inc. for coliform sampling and testing in an amount not to exceed $43,392.00 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Pursuant to WAC 246-290-300, the City routinely collects and analyzes for coliform. Seventy-two water samples are taken per month at predetermined monitoring locations in the distribution system. Sampling and analysis ensures our drinking water is free of coliform bacteria. EXHIBITS: Goods and Services Agreement RECOMMENDED BY: Public Works Committee YEA: Berrios - Ralph - Higgins NAY: BUDGET IMPACTS: This is an annual operations cost which is planned for and budgeted through the Water Utility. GOODS & SERVICES AGREEMENT between the City of Kent and AmTest, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and AmTest, Inc. organized under the laws of the State of Washington, located and doing business at 13600 NE 126th Place, Suite C, Kirkland, WA 98034, Phone: (425) 885-1664/Fax: (425) 820-0245, Contact: Aaron Young (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall collect and analyze the City's state mandated routine coliform bacteria samples. For a description and Vendor's quote, see Exhibit A which is attached and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by March 1, 2016. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Forty Three Thousand, Three Hundred Ninety Two Dollars ($43,392.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) Sampling shall occur on the first four (4) Tuesdays of every month for two years. Vendor shall be paid after submittal of invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Aaron Young Timothy J. LaPorte, P.E. AmTest, Inc. City of Kent 13600 NE 126th Place, Suite C 220 Fourth Avenue South Kirkland, WA 98034 Kent, WA 98032 (425) 885-1664 (telephone) (253) 856-5500 (telephone) (425) 820-0245 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department AmTest-Sampling 2/Bauer GOODS & SERVICES AGREEMENT 7 (Over$10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A I Scope of Work: Am Test, Inc. will collect and analyze the City of Kent's state mandated routine coliform bacteria samples. Sampling consists of eighteen (18) coliform and free chlorine residual samples per week, at City designated sampling locations, the first four (4) Tuesdays of every month, for a period of twenty four (24) months. Am Test, Inc. will also submit all necessary sample result paperwork to the Washington State Department of Health Office of Drinking water as required by the City in chapter 246,290.300 WAC, as well as copies to the City of Kent Water Department. ANFEST 6 A E O R A Y O R I E S January 14, 2014 To: Sean Bauer City of Kent Public Works/Water Section 220 Fourth Ave S Kent, WA 98032 Re: Price Quote for Laboratory Analysis and Sampling Sean 1. AmTest will perform all of the routine bacterial sampling and analysis at a rate of$14 per sample and a flat fee of$200 per week for the sample collection process. Considering 18 samples per week four times per month, the total cost for the collection, analysis and reporting would be $21,696 per year. There would not be any price change for the second year of the contract. Additional drinking water prices are as follows: Parameter Price/Each Full IOC $ 175 vOC $ 100 Nitrates $ 15 TTHM's $ 65 HAA5's $ 85 Fluoride $ 10 SOC 525) $250 SOC 515 $ 150 NWTPH-Dx $ 65 Priority Pollutant Metals $ 100 1,4-Dioxane $250 TOC's $ 15 Mendo Plates $ 1.50 E. Coli (raw water-Ground Water Rule) $ 25 Nitrate/Nitrite total $15 HPC $15 Lead& Copper $ 15 Radium 228 $ 100 Radium 226 $ 100 Gross alpha/Gross Beta $ 75 If you have any questions or comments please feel free to contact me at 425-885-1664 or by email at aaroLiy@amtestlab.com Sincerely, Aaron W. Young Lab Manager EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. This page intentionally left blank. KENT Agenda Item: Consent Calendar - 7F TO: City Council DATE: February 18, 2014 SUBJECT: East Hill Well Motor Control Center & Generator Upgrades Project Completion - Accept MOTION: Accept the East Hill Well Motor Control Center & Generator Upgrades Project as complete and release retainage to Gary Harper Construction, Inc., upon receipt of standard releases from the state and the release of any liens. SUMMARY: This project included the installation of a generator to maintain site operations during periods of power outages and replacement of electrical infrastructure that was obsolete at the East Hill Well water source. The East Hill Well water source is a primary source for the Water Utility producing in excess of two million gallons per day to meet the water demands of the East Hill community. The contract is now complete and ready for Council acceptance. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: This project was funded from the Water Utility. This item did not need to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent Calendar - 7G TO: City Council DATE: February 18, 2014 SUBJECT: Zoning Code Landscape Provision Amendment Ordinance - Adopt MOTION: Move to adopt Ordinance No. , amending Section 15.07.060 of the Kent City Code to correct an error in Ordinance No. 4074. SUMMARY: On February 19, 2013, the Kent City Council adopted ordinance No. 4074, amending Chapter 15.07 of the Kent City Code (KCC), pertaining to landscaping regulations, along with ancillary revisions to portions of KCC Chapter 15.02. Ordinance No. 4074 erroneously omitted minor landscaping specifications that were discussed at the Land Use and Planning Board workshops on October 8, 2012 and November 26, 2012 and during the public hearings on January 14, 2013 and January 28, 2013. The Land Use and Planning Board recommended approval of the proposed amendments as presented, including that certain provision that was erroneously excluded form Ordinance No. 4074. The Economic and Community Development Committee considered the Land Use and Planning Board's recommendation at its February 11, 2013 meeting. Due to intervening technical corrections to the text of the ordinance, however, the proposed ordinance as presented to the Committee omitted minor landscaping specifications that the Board had approved. The Committee recommended approval of the proposed ordinance "as recommended by the Land Use and Planning Board." The Council approved the Economic and Community Development Committee and Land Use and Planning Board's recommendations at its February 19, 2013 meeting and subsequently adopted Ordinance No. 4074. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Ralph - Boyce - Thomas NAY: BUDGET IMPACTS: None This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 15.07.060 of the Kent City Code, to correct an error in Ordinance 4074. RECITALS A. On February 19, 2013, the Kent City Council adopted ordinance No. 4074, amending Chapter 15.07 of the Kent City Code (KCC), pertaining to landscaping regulations, along with ancillary revisions to portions of KCC Chapter 15.02. B. Ordinance No. 4074 erroneously omitted minor landscaping specifications that were discussed at the Land Use and Planning Board workshops on October 8, 2012 and November 26, 2012 and during the public hearings on January 14, 2013 and January 28, 2013. The Land Use and Planning Board recommended approval of the proposed amendments as presented, including that certain provision that was erroneously excluded from Ordinance No. 4074. C. The City's State Environmental Policy Act (SEPA) Responsible Official conducted an environmental analysis of the impacts of the 1 Amend Section 15.07.060 District Regulations proposed amendments and issued a Determination of Nonsignificance on November 26, 2012. D. The Economic and Community Development Committee considered the Land Use and Planning Board's recommendation at its February 11, 2013 meeting. Due to intervening technical corrections to the text of the ordinance, however, the proposed ordinance as presented to the Committee omitted minor landscaping specifications that the Board had approved. The Committee recommended approval of the proposed ordinance "as recommended by the Land Use and Planning Board." E. The Council approved the Economic and Community Development Committee and Land Use and Planning Board's recommendations at its February 19, 2013 meeting and subsequently adopted Ordinance No. 4074. F. The City Council now wishes to correct the erroneously excluded amendments to Section 15.07.060. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Section 15.07.060 of the Kent City Code is hereby amended as follows: Sec. 15.07.060. Regulations for Specific Districts. 2 Amend Section 15.07.060 District Regulations Minimum Perimeter Landscape Planter Width and Type Zones Abutting Additional Abutting Side Rear Residential Requirements Street Yard Yard District or Use SR-1 through N/A (see also N/A SR-8 KCC 12.04.245) MR-D N/A MR-G 10' Type III 10' Type II or 10' Type II or N/A, except for Open green area MR-T III III parking lots per shall occupy no MR-M KCC less than twenty- MR-H 15.07.040(B)(2) five (25) percent of the total lot area.A minimum of five (5) feet of foundation landscaping shall be placed along the perimeter of any multifamily structure. Foundation landscaping consists of shrubbery or some other combination of landscape materials that helps to reduce the visual bulk of structures and buffer dwelling units from light, glare, and other environmental intrusions. Additional requirements may apply through multifamily design review, KCC 15.09.045(D). MHP Requirements per Chapter 12.05 KCC CC 5' Type III N/A N/A 10' Type II,and N/A CM for parking lots GC per KCC O 15.07.040(B)(2) DC N/A A minimum of three (3) feet of landscaping to screen off-street parking areas, placement of which shall be 3 Amend Section 15.07.060 District Regulations Minimum Perimeter Landscape Planter Width and Type Zones Abutting Additional Abutting Side Rear Residential Requirements Street Yard Yard District or Use determined through the downtown design review process outlined in KCC 15.09.046. Additional landscaping or alternative methods of screening may be approved through downtown design review. DCE N/A 10' Type II, and A minimum of for parking lots three (3) feet of per KCC landscaping to 15.07.040(B)(2) screen off-street parking areas, placement of which shall be determined through the downtown design review process outlined in KCC 15.09.046. Additional landscaping or alternative methods of screening may be approved through downtown design review. MTC-11 MTC-22 VCR' MA 20' Type III in 15' Type II or N/A N/A, except for AG front yard III parking lots per M1 KCC 15.07.040(B)(2) M2 15' Type III in 10' Type II or N/A N/A, except for front yard III parking lots per KCC 15.07.040(B)(2) M3 10' Type III in 5' Type II or N/A N/A, except for 4 Amend Section 15.07.060 District Regulations Minimum Perimeter Landscape Planter Width and Type Zones Abutting Additional Abutting Side Rear Residential Requirements Street Yard Yard District or Use front yard III parking lots per KCC 15.07.040(B)(2) GWC 15' or 20' Type 5' or 15' Type 5' Type II or 10' Type II III° II or III5,6 III NCC 10' Type III 5' or 10' Type 5' Type II or 10' Type II II or III5,7 III 11VTC-1 additional landscaping requirements. Landscaping requirements shall be determined through the midway design review process outlined in KCC 12.01.040 and shall include the following to soften the appearance of parking areas and building elevation, and to provide separation between uses: (A) The perimeter of properties abutting a single-family residential or mobile home park land use shall be landscaped with a minimum of ten (10) feet of Type I landscaping. (B) The perimeter of properties abutting a multifamily residential land use shall be landscaped with a minimum of ten (10) feet of Type I landscaping. (C) The perimeter of properties abutting a public right-of-way shall be landscaped with a minimum of ten (10) feet of Type III landscaping. The following exceptions apply: (1) When a vehicular parking area abuts such setback, a Type III landscape strip with an average of twenty (20) feet in depth shall be provided. (2) When such setback is utilized as a public open space plaza and not accompanying parking, no perimeter landscaping strip shall be required. (3) When such setback is utilized as a public open space plaza and exceeds thirty (30) linear feet, street trees shall be provided as set forth in the 2009 Design and Construction Standards, or as the same may be subsequently amended. (D) The perimeter of side property lines shall be landscaped with a minimum of five (5) feet of Type III landscaping, unless the building is constructed at the build-to line or property line. 7MTC-2 additional landscaping requirements. Landscaping requirements shall be determined through the midway design review process outlined in KCC 12.01.040 and shall include the following to soften the appearance of parking areas, and building elevations, and to provide separation between uses: (A) The perimeter of properties abutting public parks, plazas,open space, or multi-purpose trails shall be landscaped with a minimum of ten (10) feet of Type III landscaping. (B) When a vehicular parking area abuts a public right-of-way, a Type III landscaping strip a minimum of five (5) feet in depth shall be provided. (C) When a vehicular parking area abuts the side property lines, a Type III landscaping strip a minimum of ten (10) feet in depth shall be provided. 3MCR additional landscape requirements. Landscaping requirements shall be determined through the midway design review process outlined in KCC 12.01.040 and shall include the following to soften the appearance of parking areas and building elevations, and to provide separation between uses: (A) When buildings abut the required front yard.a type III landscaping strip minimally ten (10) feet in depth shall be provided. (B) When vehicular parking area abuts a public right-of-way, a type III landscaping strip minimally fifteen (15) feet in depth shall be provided. (C) When vehicular parking area abuts the side property lines,a type III landscaping strip minimally ten (10) feet in depth shall be provided. 5 Amend Section 15.07.060 District Regulations Minimum Perimeter Landscape Planter Width and Type Zones Abutting Additional Abutting Side Rear Residential Requirements Street Yard Yard District or Use 'Where buildings abut the required front yard, a landscape strip at least fifteen (15) feet in depth shall be provided. Where vehicular parking areas abut the required front yard, a landscape strip at least twenty (20) feet in depth shall be provided. 5No landscaping along the side property lines shall be required between adjacent properties where a common, shared driveway with a perpetual cross-access easement is provided to serve the adjoining properties. 6A Type III landscape strip of at least fifteen (15) feet in depth shall be provided alongside property lines flanking the street of a corner lot. 7A Type III landscape strip of at least ten (10) feet in depth shall be provided alongside property lines flanking the street of a corner lot. SECTION 2, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 3, — Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTION 4, — Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. 6 Amend Section 15.07.060 District Regulations SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR 11PAT" FITZPATRICK, ACTING CITY ATTORNEY PASSED: day of 12014. APPROVED: day of 12014. PUBLISHED: day of 12014. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordi na nce\15.07.060.docx 7 Amend Section 15.07.060 District Regulations This page intentionally left blank. KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: February 18, 2014 SUBJECT: Reappointments to Human Service Commission - Confirm MOTION: Confirm Mayor Cooke's reappointment of Mike Heinisch, Bill Hallerman and Wade Schwartz to the Kent Human Services Commission for three-year terms. SUMMARY: Confirm reappointment of Mike Heinisch, Bill Hallerman and Wade Schwartz to the Kent Human Services Commission for three-year terms - ending January 1, 2017. Mike Heinisch has served on the Kent Human Services Commission for three years and this will mark his second term. Mike serves an important role on the commission representing local and regional human services agencies. Mike's understanding of local human service funding needs allow him to represent the community in Olympia advocating for the South County. Mike's second term will expire January 1, 2017. Bill Hallerman has served on the Kent Human Services Commission for three years. This will also be his second term. Bill is an expert in homelessness and housing, Bill educates the commission on those needs and effective solutions to help these fractions in our community. Bill's second term will expire January 1, 2017. Wade Schwartz has served one term on the Human Services Commission. This will mark Wade's second term, representing the business community - specifically those businesses in the downtown core. Wade is dedicated to the betterment of our community and has a strong interest in helping the homeless, senior citizens and members of our gay and lesbian community. Wade's second term will expire January 1, 2017. RECOMMENDED BY: Mayor Cooke BUDGET IMPACTS: None This page intentionally left blank. BIDS This page intentionally left blank. REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION This page intentionally left blank.