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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 10/06/2014 I Public Works Committee Agenda 40 A. Councilmembers: Brenda Fincher • Dana Ralph • Dennis Higgins, Chair �� KENT Wns HINGTON October 6, 2014 4:00 p.m. Item Description Action Speaker Time Page 1. Approval of Minutes for September 15, 2014 YES None 03 03 2. Information Only/Residential Recycling Event NO Gina Hungerford 05 07 3. Solid Waste Utility Tax YES Kelly Peterson 15 09 4. Condemnation Ordinance - 72nd Avenue South YES Ken Langholz 05 17 5. Condemnation Ordinance - Lower Russell Road Levee YES Mark Madfai 05 27 6. Right of Way Dedication - Upper Russell Road YES Toby Hallock 05 37 7. Boeing Ecosystem Restoration Project - Interlocal YES Toby Hallock 08 45 Agreement with King County Flood Control District 8. Canyon Drive/Campus Park-Puget Sound Energy (PSE) YES Mark Howlett 05 61 Gas Line Easement 9. United States Geological Survey (USGS) Gage YES Mike Mactutis 05 71 Funding Agreement 10. Public Works Agreement with Nature's Way Tree Service YES Scott Schroeder 05 77 LLC - 641h Avenue Tree Removal 11. James Street Sidewalk/Street Tree Replacement - NO Scott Schroeder 05 117 Update Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1"& 3rd Mondays of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact Public Works Administration (253) 856-5500. Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. z This page intentionally left blank. Public Works Committee Minutes 3 September 15, 2014 COMMITTEE MEMBERS PRESENT: Committee Chair, Dennis Higgins and Committee members Dana Ralph and Brenda Fincher were present. The meeting was called to order at 4:04 p.m. Item 1 - Approval of Meeting Minutes Dated August 18, 2014: Committee member Fincher MOVED to approve the minutes of August 18, 2014. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 2 - Information Only/SE 2561h Street Construction Progress Update: Construction Supervisor, Paul Kuehne and Senior Construction Inspector, Phil McConnell were introduced to the Committee. Kuehne showed photographs of the SE 2561h Street project on the East Hill, before it got underway and what it currently looks like. He showed before and after photos of the site, and explained the on-going construction process. Kuehne also noted that the project was on budget and on time. They are looking to open the road to drivers soon. Information Only No Motion Required Item 3 - South 252nd Street Public Right-of-Way Dedication: Assistant City Attorney, David Galazin stated the City is in the process of selling the Old Fire Station Park parcel located at 3536 South 252nd Street. The survey department found that the south thirty (30) feet of the parcel extends into South 252nd Street and is currently being used as part of the public right-of- way. This 30 feet of city-owned property must be dedicated as public right-of-way to preserve the city's interest in the roadway. Committee member Ralph MOVED to recommend the Mayor sign the Municipal Quit Claim Deed dedicating city-owned property as City right-of-way for a portion of South 252nd Street formally part of the Old Fire Station Park parcel, located at 3536 South 252nd Street, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Fincher and PASSED 3-0. Item 4 - Consultant Agreement with Environmental Science Associates for Wetland Mitigation Monitoring: Kelly Peterson noted that when critical areas such as streams or wetlands are impacted or enhanced, permits require monitoring of the mitigation area for up to 10 years. Several city projects are in the monitoring phase including the 228th Street Extension, Johnson Creek Restoration and the Meridian Valley Creek Enhancement Projects. The 228th Street Extension project includes four mitigation sites. The cost submitted by ESA includes: $12,122.55 to perform one final year (Year 10) of monitoring at the S. 228th mitigation sites, $21,406.15 to perform Year 2, 3 and 5 monitoring at Johnson Creek, and $28,585.05 to perform Year 2,3,4 and 5 monitoring at Meridian Valley Creek. Committee member Fincher MOVED to recommend Council authorize the Mayor to sign a consultant services agreement with Environmental Science Associates in an amount not to exceed $62,113.75 to conduct 4-years of wetland monitoring and prepare monitoring reports for the S. 228th St. Extension, Upper Johnson Creek and Meridian Valley Creek Enhancements Projects, subject to terms and final conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Committee member Ralph and PASSED 3-0. 1 Public Works Committee Minutes 4 September 15, 2014 Item 5 —LID 366/S. 2281h Union Pacific &S. 2121h Union Pacific and Burlington Northern Grade Separations — Resolution of Intent: Design Engineering Supervisor, Ken Langholz explained that the City of Kent has been successful over the years in obtaining grant funding for our grade separation projects. We have completed the S. 228th Street BNSF grade separation and have been assembling a funding package for the S. 228th UP and the S. 212th BN and UP grade separations. During its March 2014 meeting, the Washington State Freight Mobility Strategic Investment Board (FMSIB) requested assurances from the City that grant money will be spent in the near term or the city would be in jeopardy of losing it. This would result in the loss of roughly $22 million in FMSIB and other associated grant funds. Engineering staff has continued researching options for funding these grade separation projects, but are still short of a complete funding package. A local improvement district (LID) is one option for completing these projects. We recently contracted with a real estate appraiser to conduct a detailed evaluation of the potential increase in value (special benefit') to properties located in the vicinity of the proposed grade separations. This evaluation indicated that a substantial special benefit would be realized by properties in the warehouse/industrial area, and that Council could form an LID to keep the grade separation projects moving toward completion. Committee member Ralph MOVED to recommend Council adopt a Resolution of Intent setting a public hearing date on the formation of Local Improvement District 366, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Fincher and PASSED 3-0. Item 6 — Information Only/2014 Residential Traffic Calming Proiect: Special Projects Manager, Kelly Peterson gave a brief presentation showing the neighborhoods and the approximate locations where traffic calming devices would be installed. In April of 2014, the Kent City Council authorized $250,000 to implement the 2014 Residential Traffic Calming Project at three locations within the City of Kent. Staff developed plans and specifications for the project and advertised the project for bid. Four bids were received; however, the apparent low bidder withdrew their bid due to a mathematical error on their part. A recommendation to award the contract to R. W. Scott Construction Co. will be presented to the City Council on September 16, in the amount of $236,306.00. This will enable the contractor to get started in advance of the fall weather. The 2014 Residential Traffic Calming Projects will need additional funds allocated to include engineering, inspection and landscaping of traffic circles. The revised estimate to implement the project is $280,000. The Committee noted the change. No Motion Required/Information Only Item 7 —Solid Waste Utility Tax: Special Projects Manager, Kelly Peterson stated that all city streets are impacted by the Solid Waste Utility. On residential streets the weekly garbage pickup and every other week recycling or yard waste pickup are the heaviest vehicles these streets will typically carry. Peterson stated that according to the American Association of State Highway and Transportation Officials (AASHTO), one fully loaded garbage truck produces the wear and tear of 1,500 cars. This figure takes into account the lighter solid waste trucks required to be used under the current contract. 2 Public Works Committee Minutes 5 September 15, 2014 Staff has analyzed potential methods to collect additional revenue through the solid waste utility to help pay for the street wear and tear caused by solid waste trucks. It was determined that an increase to the existing 7.8% solid waste utility tax is the most efficient process. To generate 1, 2 or 3 million dollars in revenue, the solid waste utility tax would need to be increased to 11.621%, 15.139% or 18.379% respectively. Peterson stated that if the solid waste utility tax was increased to one of the proposed levels, Kent residents would still enjoy some of the cheapest solid waste rates in King County. Committee members decided that no motion would be made at this time and that it would be discussed further at the next meeting. Item 8 — Information Only/Drainage District No. 1 September 25, 2014 Board Meeting: Mike Mactutis noted that Kent staff met with King County Drainage District #1 in November, 2013, to begin discussions about a partnership to remove sediment from creeks in the valley. Since that time, staff has been collecting data to identify the extent of the need and determine permitting requirements. The Drainage District has ownership of creek parcels; however, the streams are not necessarily located within the district's property due to creek movement from natural processes or development. Kent staff will be meeting again with the Drainage District Board of Commissioners on September 25, 2014, to continue discussing a partnership to re-establish stream and other drainage channels. Staff will bring this item back to committee to discuss the outcome of the September 25 meeting. No Motion Required/Information Only Added Item: South Kent Neighborhood Public Works staff and the Police department will be meeting regarding the South Kent neighborhood on Thursday, September 18. They will be discussing requests for traffic calming, speed enforcement and the restriction of heavy trucks on certain neighborhood streets. Tim LaPorte, Public Works Director, noted that staff is working with the Union Pacific railroad to deepen the roadway at S. 2591h which would allow truck traffic to pass under the railroad bridge. The meeting was adjourned at 5:30 p.m. Cheryl Viseth Council Committee Recorder 3 6 This page intentionally left blank. 7 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 West Gowe Street Kent, WA 98032-5895 Date: September 22, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: October 6, 2014 From: Gina Hungerford, Conservation Coordinator Through: Kelly Peterson, Special Projects Manager Chad Bieren, P.E., Environmental Engineer Subject: Information Only/October 11, 2014, Fall Recycling Event Item - 2 No Motion Required/Information Only Summary: The annual Fall Recycling Event will be held October 11th, 9:00am- 3:00pm, at Russell Road Park. Residents are invited to bring items not easily recycled at the curb, including: Appliances and Scrap Metal Batteries Cardboard Concrete, Asphalt, Rock and Brick Document Shredding - up to 3 file boxes per vehicle Electronics, other than Computer Monitors and TVs, as these are accepted at most Goodwill Stores and St. Vincent de Paul sites year-round NW Center will be on site to collect reusable household goods Propane Tanks Styrofoam blocks and Packing Peanuts Tires Toilets and Sinks Flyers with more details have been mailed to area residents. Exhibits: None Budget Impact: None - the event is paid for by the Dept. of Ecology Coordinated Prevention Grant, the King County Waste Reduction and Recycling Grant, the Local Hazardous Waste Management Program Grant and user fees. 8 This page intentionally left blank. 9 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 West Gowe Street Kent, WA 98032-5895 Date: September 26, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: October 6, 2014 From: Kelly Peterson, AICP, Special Projects Manager Through: Chad Bieren, P.E., City Engineer Subject: Solid Waste Tax Item - 3 Motion: Move to recommend council authorize an amendment to Kent City Code 3.18.020(5) increasing the solid waste utility tax to _% and allocating the increase beyond the existing 7.8% to be applied for transportation purposes. Summary: The city maintains 320 centerline miles of streets, over half of which are residential. The Solid Waste Utility must operate on these streets to provide services throughout the city. On residential streets the weekly garbage pickup and biweekly recycling and yard waste pickup are the heaviest vehicles these streets will carry. Using data from the American Association of State Highway and Transportation Officials (AASHTO), one fully loaded garbage truck produces the wear and tear of 1,500 cars. This figure takes into account the lighter compressed natural gas solid waste collection trucks required under the current contract. Staff has analyzed potential methods to collect additional revenue to help pay for street wear and tear caused by solid waste trucks. It was determined that an increase to the existing 7.8% solid waste utility tax is the most efficient process. To generate 1, 2 or 3 million dollars in revenue, the solid waste utility tax would need to be increased to 11.621%, 15.139% and 18.379% respectively. If the solid waste utility tax was increased to one of these proposed levels, Kent residents would still enjoy some of the cheapest solid waste rates in King County. Tables showing the rates with and without the proposed utility tax applied are attached. Exhibits: Budget Impact: Increased revenues for expenditures related to transportation projects. 10 This page intentionally left blank. 11 ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending Section 3.18.020 of the Kent City Code to increase the solid waste utility tax to 18.379% and allocating the increase beyond the existing 7.8% to be applied to maintenance of roads and transportation. RECITALS A. The city maintains over 320 centerline miles of streets, over half of which are residential. B. Maintenance for city streets is underfunded and in need of approximately 12 million dollars per year iust to sustain appropriate maintenance. C. The solid waste collection vehicles, which are extremely heavy, use virtually every street in the City and every property in the city is provided service through the solid waste utility. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE 1 Solid Waste Utility Tax Ordinance 12 SECTION 1. — Amendment. Section 3.18.020 of the Kent City Code is amended as follows: Sec. 3.18.020. Certain utilities subject to tax. A. In addition to the other business and license fees required by the ordinances of the city, the city levies upon all persons, firms, or corporations (including the city) engaged in certain business activities a utilities tax to be collected as follows: 1. Upon every person, firm, or corporation engaging in or carrying on any telephone business within the city, an annual tax equal to six (6) percent of the total gross income, including revenues from intrastate toll, derived from the operation of such business within the city. This six (6) percent tax will be allocated as follows: four and seven-tenths (4.7) percent to the general fund, three-tenths (0.3) percent to youth/teen programs, and one (1) percent to street improvement programs. 2. Upon every person, firm, or corporation engaging in or carrying on a business of selling, wheeling, furnishing, distributing, or producing gas, whether manufactured or natural, for commercial or domestic use or purposes, a fee or tax equal to six (6) percent of the total gross income from such business in the city during the tax year for which the license is required. This six (6) percent tax will be allocated as follows: four and seven-tenths (4.7) percent to the general fund, three-tenths (0.3) percent to youth/teen programs, and one (1) percent to street improvement programs. 3. Upon every person, firm, or corporation engaged in or carrying on the business of selling, wheeling, furnishing, or distributing 2 Solid Waste Utility Tax Ordinance 13 electricity for light and power, a fee or tax equal to six (6) percent of the total gross income from such business in the city during the tax year for which a license is required. This six (6) percent tax will be allocated as follows: four and seven-tenths (4.7) percent to the general fund, three- tenths (0.3) percent to youth/teen programs, and one (1) percent to street improvement programs. 4. Upon every person, firm, or corporation engaged in or carrying on the business providing cable television services, a tax equal to six (6) percent of the total gross income from that business in the city during the tax year for which the license is required. All revenue received from this tax must be applied only to funding the city's information technology department operations and capital projects budgets in the proportion determined by the city council in its biennial budget, including all amendments. 5. Upon every person, firm, or corporation engaging in or carrying on a business providing solid waste collection services, a tax equal to eighteen and three hundred seventy nine thousandths (18.379) percent of the total gross income from such business in the city during the tax year for which the license is required. This seven and eight tenths ( eighteen and four tenths (18.4) percent tax will be allocated as follows: six and one-half (6.5) percent to the general fund, three-tenths (0.3) percent to youth/teen programs, eta one (1) percent to street improvement programs, and ten and five hundred seventy-nine thousandths (10.579) percent to maintenance of roads and transportation. 6. Upon every person (including the city) engaging in or carrying on the business of selling, furnishing, or distributing water, sewer, or drainage services, a tax equal to thirteen (13) percent of the total gross income from such business in the city during the tax year. This thirteen 3 Solid Waste Utility Tax Ordinance 14 (13) percent tax will be allocated as follows: four and seven-tenths (4.7) percent to the general fund for the use as allocated in the city's budget; four (4) percent to the general fund only for the installation, operation, maintenance, and repair of street lighting, fire hydrants, and fire suppression systems subject to the limitations provided in subsection (A)(6)(a) of this section; two (2) percent dedicated solely to the repayment and elimination of debt in the city's 'other capital projects" fund subject to the limitations provided in subsection (A)(6)(b) of this section; one (1) percent to be applied only to establishing the city's fund balance consistent with council policy and subject to the limitations provided in subsection (A)(6)(c) of this section; one (1) percent to street improvement programs; and three-tenths (0.3) percent to youth/teen programs. a. The four (4) percent allocation for street lighting and fire hydrants and suppression is further contingent on the requirement that the city allocate the funds freed up by this revenue to the city's capital improvement fund(s). All transferred monies that become available in these reallocated capital improvement fund accounts must be applied equally to (i) information technology capital programs directed at funding long- and short-term hardware and software replacement and (ii) street capital programs, but further restricted to funding street maintenance, repair, and signage only. If the cost to install, operate, maintain, and repair street lighting, fire hydrants, and fire suppression systems is less than the four (4) percent allocation for these purposes, the full four (4) percent amount must still be allocated from the general fund to capital programs for the above-stated purposes. b. The two (2) percent internal tax allocation will be dedicated to the city's capital improvements fund for the sole purpose of retiring all debt in the city's other capital projects fund. This two (2) 4 Solid Waste Utility Tax Ordinance 15 percent portion of the tax shall be eliminated on January 1, 2023, or on the first day of the year following the date the debt in this fund is fully retired, whichever occurs first. C. The one (1) percent internal tax allocation will be dedicated to the city's general fund balance solely for the purpose of increasing the fund balance until that balance equals ten (10) percent of the city's prior year operating expenses. This one (1) percent portion of the tax shall be eliminated on the first day of the year following the date the city's general fund balance equals ten (10) percent of the prior year's operating expenses. B. In computing the tax provided in subsection (A) of this section, the taxpayer may deduct from total gross income the following items: 1. The actual amount of credit losses and uncollectible receivables sustained by the taxpayer. 2. Amounts derived from transactions in interstate and foreign commerce which the city is prohibited from taxing under the laws and Constitution of the United States. SECTION 2, — 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 the same shall maintain its full force and effect. 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; 5 Solid Waste Utility Tax Ordinance 16 or references to other local, state or federal laws, codes, rules, or regulations. SECTION , — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2014. APPROVED: day of 2014. PUBLISHED: day of 2014. 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 6 Solid Waste Utility Tax Ordinance 17 0 3 Y v cY N m m 3 W > 3 N s v (Li 3 Lq Mn O o L 0 Z m ao v m rn N O u V Q Q O � � a lA G o mto m v N m -0 cr f0 N 'E ,y. o m fu V u U N O U N N � m a v -O Q X T k bA L N c tf1 O N cV W � I V ti Y o �I L Y C O C CL Y O G V I O O O O O O O O O O ice/} N V} N V1 VT VT ✓} N ih � I' J N x pasodOJd r4 juannD ) 19 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 Wnsu INGTON Address: 400 West Gowe Street Kent, WA 98032-5895 Date: August 27, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: October 6, 2014 From: Ken Langholz, Engineering Supervisor Through: Chad Bieren P.E., City Engineer Subject: Condemnation Ordinance — 72"d Avenue S. Improvements Item - 4 Motion: Move to recommend Council adopt a Condemnation Ordinance for obtaining property rights for the 72"d Avenue S. Improvement Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Public Works Department was successful in obtaining a $1,182,420 grant from the Washington State Transportation Improvement Board (TIB) for the 72nd Avenue Improvement Project. Currently 72nd Avenue South exists between South 180th and South 196th Streets and between South 200th and South 228th Streets in the industrialized area of Kent. There is a missing link between South 196th and South 200th Street that will be completed by this project, including a new bridge across Mill Creek. The City is in process of acquiring property for this project and has reached a point where it will be necessary to pursue condemnation for the last parcel. While the City avoids utilizing the condemnation process, this ordinance will provide the City the mechanism to proceed to condemnation on these properties should negotiations stall. Exhibits: Notice of Condemnation and Condemnation Ordinance, including Exhibits Budget Impact: Costs for property acquisition will be paid out of project funds. 20 This page intentionally left blank. 21 ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, providing for the acquisition of certain property and/or property rights in order to construct, extend, widen, improve, alter, maintain, and reconstruct portions of 72nd Avenue South between South 196th Street and South 200th Street; providing for the condemnation, appropriation, taking, and damaging of such property rights as are necessary for that purpose; providing for the payment thereof out of the project fund; directing the city attorney to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations, or other agreements; and acknowledging that all of the affected real property is located within the corporate limits of the city of Kent in King County, Washington. RECITALS A. The 72nd Avenue S. Extension Project ("Project") is necessary to connect the roadway between S. 196th St. and S. 200th St. B. Property and property rights along the alignment of the Project must be acquired in order to complete the Project. C. Efforts are now ongoing to acquire the property necessary for this public use by negotiation and settlement agreements. 1 72nd Ave. S. Improvements Condemnation Ordinance zz D. In the event that negotiated acquisition is not fully successful it is essential that the city be prepared to initiate condemnation proceedings so that the Project can be timely constructed. E. The City has provided notice in the manner provided for in RCW 8.12.005 and 8.25.290. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, After receiving the report of city staff and after reviewing the planned improvements for the Project, the city council finds and declares that the public convenience, use, health, safety and necessity demand that the city of Kent condemn, appropriate, take, and damage portions of certain real property located within the corporate limits of Kent in King County, Washington, in order to acquire the necessary property and/or property rights for the construction of the Project, including all necessary appurtenances. The property to be acquired is approximately depicted in Exhibit "A," and legally described in Exhibit "B," both of which are attached hereto and incorporated herein by this reference ("Property"). The purposes for which this condemnation is authorized shall include, without limitation, all acts necessary to complete the construction, extension, improvement, widening, alteration, maintenance, and reconstruction of the Project, including improvements for drainage, curbs and gutters, sidewalks, bicycle paths, landscaping, illumination, signal improvements, electrical facilities, utilities, utility adjustments, and relocations, and any other street, or municipal purposes that may become necessary from time to time on the Property. 2 72nd Ave. S. Improvements Condemnation Ordinance 23 SECTION 2, The city authorizes the acquisition by condemnation of all or a portion of the Property for the construction, extension, improvement, widening, alteration, maintenance, and reconstruction of the Project, including acquisition of property and/or property rights, together with all necessary appurtenances and related work to make a complete improvement according to city standards. SECTION 3, The city shall condemn the Property only upon completion of all steps and procedures required by applicable federal, state, and/or local laws and regulations and only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. SECTION 4. The city shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the city's drainage fund or from any of the city's general funds, if necessary, as may be provided by law. SECTION 5, The city authorizes and directs the city attorney to commence those proceedings provided by law that are necessary to condemn the Property. In commencing this condemnation procedure, the city council authorizes the city attorney to enter into settlements, stipulations, or agreements in order to minimize damages, which settlements, stipulations, or agreements may include but not be limited to the amount of just compensation to be paid, the size and dimensions of the property condemned, and the acquisition of temporary construction easements and other property interests. SECTION 6, — Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such 3 72nd Ave. S. Improvements Condemnation Ordinance 24 decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 7, — 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. SECTIONS. — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: Ronald Moore, CITY CLERK 4 72nd Ave. S. Improvements Condemnation Ordinance 25 APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 12012. APPROVED: day of 12012. PUBLISHED: day of 12012. 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) BRENDA JACOBER, CITY CLERK 5 72nd Ave. S. Improvements Condemnation Ordinance 26 This page intentionally left blank. 27 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 West Gowe Street Kent, WA 98032-5895 Date: September 3, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date:October 6, 2014 From: Mark Madfai, Engineering Supervisor Through: Chad Bieren P.E., City Engineer Subject: Condemnation Ordinance — Lower/Lowest Russell Road Levee Item - 5 Motion: Move to recommend Council adopt Ordinance No._ providing for the acquisition of certain property rights along the Green River to complete levee improvements for the Lower/Lowest Russell Road Levee. Summary: The Lower-Lowest Russell Road Levee ("Project") is necessary to provide flood protection to the Green River Valley which includes the city of Kent, city of Tukwila and the city of Renton. Property and property rights along the alignment of the Project must be acquired in order to complete the Project. Efforts began several months ago to acquire key property necessary for levee construction. In the event that negotiated acquisition is not successful it is essential that the city be prepared to initiate condemnation proceedings so that the project can be constructed. The City has provided notice to property owners in the manner presented in RCW 8.12.005 and 8.25.290. While the City tries to avoid, utilizing the condemnation process, this ordinance will provide the City the mechanism to proceed, if necessary, to condemnation on these properties should negotiations stall. Exhibits: Notice of Condemnation and Condemnation Ordinance, including Exhibits Budget Impacts: Costs for property acquisition are to be paid for using Storm Drainage Fund dollars. 2s This page intentionally left blank. 29 ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, providing for the acquisition of certain property and/or property rights in order to construct, extend, widen, improve, alter, maintain, and reconstruct portions of the Green River levee system; providing for the condemnation, appropriation, taking, and damaging of such property rights as are necessary for that purpose; providing for the payment thereof out of City Storm drainage funds; directing the city attorney to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations, or other agreements; and acknowledging that all of the affected real property is located within the corporate limits of the city of Kent in King County, Washington. RECITALS A. The Lower/Lowest Russell Road Levee("Project") is necessary to provide flood protection to the Green River Valley which includes the city of Kent, city of Tukwila and the city of Renton. B. Property and property rights along the alignment of the Project must be acquired in order to complete the Project. 30 C. Efforts are now ongoing to acquire the property necessary for this public use by negotiation and settlement agreements. D. In the event that negotiated acquisition is not fully successful it is essential that the city be prepared to initiate condemnation proceedings so that the Project can be timely constructed. E. The City has provided notice in the manner provided for in RCW 8.12.005 and 8.25.290. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, After receiving the report of city staff and after reviewing the planned improvements for the Project, the city council finds and declares that the public convenience, use, health, safety and necessity demand that the city of Kent condemn, appropriate, take, and damage portions of certain real property located within the corporate limits of Kent in King County, Washington, in order to acquire the necessary property and/or property rights for the construction of the Project, including all necessary appurtenances. The property to be acquired is approximately depicted in Exhibit "A," and legally described in Exhibit "B," both of which are attached hereto and incorporated herein by this reference ("Property"). The purposes for which this condemnation is authorized shall include, without limitation, all acts necessary to complete the construction, extension, improvement, widening, alteration, maintenance, and reconstruction of the Project, including improvements for levee fill, access ramps, drainage, trails, landscaping, illumination, utilities, utility 31 adjustments, and relocations, and any other levee, street, or municipal purposes that may become necessary from time to time on the Property. SECTION 2, The city council authorizes the acquisition by condemnation of all or a portion of the Property for the construction, extension, improvement, widening, alteration, maintenance, and reconstruction of the Project, including acquisition of property and/or property rights, together with all necessary appurtenances and related work to make a complete improvement according to established standards. SECTION 3, The city shall condemn the Property only upon completion of all steps and procedures required by applicable federal, state, and/or local laws and regulations and only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. SECTION 4. The city shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the city's drainage fund or from any of the city's general funds, if necessary, as may be provided by law. SECTION 5, The city council authorizes and directs the city attorney to commence those proceedings provided by law that are necessary to condemn the Property. In commencing this condemnation procedure, the city council authorizes the city attorney to enter into settlements, stipulations, or agreements in order to minimize damages, which settlements, stipulations, or agreements may include but not be limited to the amount of just compensation to be paid, the size and dimensions of the property condemned, and the acquisition of temporary construction easements and other property interests. 32 SECTION 6, — Severabilitv. 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 7, — 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. SECTIONS. — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 33 PASSED: day of 2014. APPROVED: day of 2014. PUBLISHED: day of 2014. 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 MOORE, CITY CLERK P:\Civil\Ordinance\Condemnation Lower Lowest Russell Road.docx 34 1 David A. Neely DLC # 37 ! L, ( b !i! 1 � ,. .eRl.Ur a RPS$ELL RDA KE17 iNF II i 4#4 OAV1P Aftf7.Y DLC No�7 ra jjf � jP � :4-�, d ��.a'F... '�.�D�1I � 6�.. _ r.� .�.f;.:•_ -t •i :ti al• r i; 4 _ air wa j �^ vfac.}� t I 35 ygiK rt r,,, Legal Description: BEGINNING AT THE NORTHWEST CORNER OF DAVID A.NEELY DONATION CLAIM IN SECTION 10, TOWNSHIP 22 NORTH,RANGE 4 EAST,W.M.,INKING COUNTY,WASHINGTON; THENCE EAST ALONG THE NORTH BOUNDARY LINE OF SAID DONATION CLAIM TO A POINT WHICH IS 2,412.307 FEET WESTERLY OF THE NORTHEAST CORNER OF SAID DONATION CLAM; THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID DONATION CLAIM A DISTANCE OF 279.00 FEE; THENCE WESTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID DONATION CLAIM TO THE EASTERLY BANK OF WHITE RIVER; THENCE NORTHERLY ALONG THE EAST BANK OF SAID WHITE RIVER TO POINT OF BEGINNING; EXCEPT ROADS. Property Address: 22262 Russell Road Keot;WA 98032 i TaXAccountNumber: 000620-0011-07 I i i( II I 36 This page intentionally left blank. 37 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 West Gowe Street Kent, WA 98032-5895 Date: October 1, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: October 6, 2014 From: Toby Hallock, P.E., Environmental Engineer Through: Chad Bieren, P.E., City Engineer Subject: Russell Road Upper Levee - James Street/Russell Road Realignment - Public Right-of-Way Dedication Item - 6 Motion: Move to recommend Council authorize the Mayor to sign a Municipal Quit Claim Deed dedicating City owned property as City Right of Way for the Russell Road Upper Levee -James Street/Russell Road Realignment Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: As part of the Russell Road Upper Levee - James Street/Russell Road Realignment project, City owned sections of land at the Public Works/Parks Operations Facility need to be dedicated as right-of-way. The new right-of-way will accommodate the realigned roadway and Puget Sound Energy (PSE) facilities required for the underground conversion of overhead power lines. Exhibit: Right-of-Way Dedication Budget Impact: There is no impact to the budget. 38 This page intentionally left blank. 39 WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent, Washington 98032 Attn: Engineering/Property Services Grantor: City of Kent Grantee: City of Kent Abbreviated Legal Description: Ptns of NW 1/4 STR 23-22-4E, Ptns of Lot A City of Kent LLA #LL-2000-5, Rec#20000412001699 and Ptns of GL 1, in STR 23-22-4 Additional Legal Description on Exhibits A and B of Document Assessor's Tax Parcel ID No. portions of 232204-9027 and 232204-9010 MUNICIPAL QUIT CLAIM DEED The City of Kent, a Washington municipal corporation ("Grantor"), for and in consideration of mutual benefits derived and other valuable consideration, receipt of which is hereby acknowledged by Grantor, conveys and quit claims to the City of Kent, a Washington municipal corporation ("Grantee"), for right-of-way purposes, all its interest, including any after acquired title, in the following described real property situated in King County, Washington: SEE EXHIBITS "A and B" ATTACHED GRANTOR: By: Suzette Cooke Its: Mayor Municipal Quit Claim Deed Page 1 of 5 40 STATE OF WASHINGTON } ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires APPROVED AS TO FORM: Name: Kent City Attorney PAC,,.M.sAQuit Chim Deli-ROWDMicumo KwNKem.do' Municipal Quit Claim Deed Page 2 of 5 41 EXHIBIT A TAX LOT 2322049027 FATCO# PAK1114185 RIGHT OF WAY DEDICATION THAT PORTION OF `LOT A' PER CITY OF KENT LOT LINE ADJUSTMENT NUMBER LL- 2000-5 RECORDED UNDER RECORDING NUMBER 20000412001699, KING COUNTY, WASHINGTON, LOCATED IN THE NE114 OF THE NW114 OF SECTION 23, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT A; THENCE S09°22'01"E ALONG THE WEST LINE OF SAID LOT A, ALSO BEING THE EAST MARGIN OF RUSSELL ROAD, A 40 FOOT WIDE ROAD (ALSO KNOWN AS JOHN DOWNEY ROAD NUMBER 722, AND ALSO KNOWN AS 54T" PLACE SOUTH), 214.92 FEET; THENCE CONTINUING ALONG SAID EAST MARGIN, S20°02'21"E 301.51 FEET TO THE POINT OF BEGINNING OF SAID DESCRIBED LINE; THENCE, LEAVING SAID EAST MARGIN, N69°57'39"E 4.00 FEET; THENCE N20002'21"W 100.03 FEET; THENCE N69°57'39"E 1.69 FEET; THENCE N19°05'48"W 14.51 FEET TO A POINT OF TANGENCY WITH A 400.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 24048'00", AN ARC DISTANCE OF 17114 FEET TO A POINT OF TANGENCY; THENCE N05°42'11"E 150.62 FEET TO A POINT OF TANGENCY WITH A 73.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 67°53'50", AN ARC DISTANCE OF 86.51 FEET TO A POINT ON THE NORTH LINE OF SAID LOT A AND THE TERMINUS OF THIS LINE DESCRIPTION, SAID POINT ALSO BEING S89°05'25"E 151.60 FEET FROM THE NORTHWEST CORNER OF SAID LOT A. CONTAINING 21,454 SQUARE FEET, MORE OR LESS. TOGETHER WITH THAT PORTION OF SAID LOT A, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT A; THENCE S89°05'25"E ALONG SAID NORTH LINE, ALSO BEING THE SOUTH MARGIN OF JAMES STREET, A 63 FOOT WIDE ROAD, 303.72 FEET TO THE POINT OF BEGINNING; THENCE S00°54'35"W, LEAVING SAID SOUTH MARGIN, 14.00 FEET; THENCE S89°05'25"E 10.00 FEET ; THENCE N00054'35"E 14.00 FEET TO SAID SOUTH MARGIN; THENCE N89°05'25"W, ALONG SAID SOUTH MARGIN, 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 140 SQUARE FEET, MORE OR LESS. E bbALLAt� 42 EXHIBIT B TAX LOT 2322049010 RIGHT OF WAY DEDICATION THAT PORTION OF GOVERNMENT LOT 1 LOCATED IN THE NE114 OF THE NW114 OF SECTION 23, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH SECTION CORNER OF SAID SECTION 23, FROM WHICH POINT THE NORTHEAST SECTION CORNER BEARS S88059'29"E 2634.43 FEET DISTANT; THENCE N89005'25"W, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, A DISTANCE OF 927.06 FEET TO THE WESTERLY MARGIN OF RUSSELL ROAD, A 40 FOOT WIDE ROAD (ALSO KNOWN AS JOHN DOWNEY ROAD NUMBER 722, AND ALSO KNOWN AS 54T" PLACE SOUTH); THENCE ALONG SAID WESTERLY MARGIN S09°22'01"E 259.45 FEET; THENCE CONTINUING ALONG SAID WESTERLY MARGIN S20002'21"E 69.46 FEET, BEING THE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY MARGIN S20043'44"W 79.29 FEET; THENCE S35044'29"W 51.81 FEET; THENCE N51°54'48"E 64.93 FEET; THENCE N90°00'00"E 35.00 FEET TO THE WESTERLY MARGIN OF SAID RUSSELL ROAD; THENCE ALONG SAID WESTERLY MARGIN N20002'21"W 81.07 FEET TO THE POINT OF BEGINNING. CONTAINING 2,602 SQUARE FEET, MORE OR LESS. ;�� � coo•.� I�NAGLaw 1 - 7 . 00 Pg � 43 t WEST MARGIN RUSSELL RD-N1/4 CORNER SECTION 23 �. N89°05'25"W-927.06' - POINT OF BEGINN ING W —� JAMES STREET N89°05'25" 1 ' _S89°05'25"E-303.72' "�' 10.00' S89°05'25"E-151.60' J-0 R=73.00' S00154'35"W -�'N00°54'35"E A=67"53'50" 14.00, 14.00' 1 m m' L=86.51 CL'0 '25"E j 1 D.00' w o5 I O F 0-1 1 �Gl�°G � ZOk9p2 . s r \ 232 ` f S20°02'21"E-� i %j 69,46' ` R=400.00' POINT OF BEGINNING o 0=24°48'00° L=173A4' S20°43'44"WJo 79.29' - o S35°44'29'W � � �"-N19°05'48'W-14.51' 51.81, 'L N90°00'00"`` 'in\ ~N69°57'39"E-1.69' 0 r\ pAD' N51°54'48"E \� 1010" 64,93' ® \ ,,s---N20°02'21'W-100.03' G \70 \ N69°57'39"E-4.00' IMPORTANT: POINT OF BEGINNING THIS IS NOT A SURVEY.IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND.NO LIABILITY IS ASSUMED BY REASON OF RELIANCE HEREON. PORTION OF JAMESIRUSSELL ROAD THE NE 1/4 OF THE NW 1/4 s OF SEC 23,TOWNSHIP 22 N, T DRAWN BY: TLM RANGE 4 E,W.M. w�°"'"°'°" EXHIBIT CITY OF KENT SCALE: 1"=100' LAND SURVEY SECTION DATE: 9/12/2014 44 This page intentionally left blank. 45 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: October 3, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: October 6, 2014 From: Toby Hallock, P.E., Environmental Engineer Through: Timothy LaPorte, P.E., Public Works Director Subject: Boeing Levee Ecosystem Restoration Project- Interlocal Agreement with the King County Flood Control District Item - 7 Motion: Move to recommend Council authorize the Mayor to sign the Interlocal Agreement with the King County Flood Control District for the Boeing Levee Ecosystem Restoration Project subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: On June 8, 2012, the City entered into a Design Agreement with the US Army Corps of Engineers (Corps) for the Boeing Levee Ecosystem Restoration Project (ERP). This agreement was to design an ecosystem project between S 200th Street and S 212th Street on the right bank of the Green River (looking downstream). This project restores habitat, reduces flood risk, and provides recreational value. On June 14, 2014, the Public Works Committee recommended Council authorize the Mayor to sign a Project Partnership Agreement with the Corps that was subject to execution of an Interlocal Agreement with the King County Flood Control District (District). The Interlocal Agreement (ILA) will allow the City to move ahead with the Project Partnership Agreement and then with construction using budgeted funds from the District. The ILA explains the responsibilities of both the District and the City for the Boeing Levee ERP. The City has signed ILAs with the District for levee projects such as Briscoe/Desimone, Russell Road Upper and Hawley Road. Exhibits: Boeing Levee Interlocal Agreement Budget Impact: None. By entering an Interlocal Agreement with the King County Flood Control District, the City will be reimbursed $3,539,762 towards the local share of the construction of the project. 46 This page intentionally left blank. 47 AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE Boeing Levee USACE Height Increase and Ecosystem Restoration Project River Mile 17.09 to 17.85, Right Bank THIS AGREEMENT for the construction, operation and maintenance of the Boeing Levee height increase project and the Boeing Levee USACE ecosystem restoration project("Agreement") is entered into on the last date signed below by and between the Parties, the CITY OF KENT, a Washington municipal corporation ("City"), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quasi-municipal corporation of the State of Washington ("District") (collectively, the 'Parties"). RECITALS A. King County, Washington, through the Water and Land Resources Division of the King County Department of Natural Resources and Parks ("WLRD"), as service provider to the District pursuant to an interlocal agreement with the District, operates and maintains a major portion of the Green River Levee System. B. The District Board of Supervisors desires to improve the right bank of the Green River, from River Mile 17.09 to 17.85 by constructing (1) a levee improvement project to increase the height of the levee to achieve the Lower Green River System-wide Improvement Framework's provisional flood protection goal of 500-year, or 18,800 cfs, plus three feet of freeboard, and (2) an ecosystem restoration project described in Exhibit A, which generally consists of re-vegetation and habitat restoration work along this portion of the Green River (collectively, the "Project"). The Project is part of a plan to reduce flood risk to regionally significant economic assets in the City and in the Lower Green River Valley, restore critical salmon habitat for listed Chinook and other salmon species, and support recreational opportunities along the River and its shoreline environment for the community. The Project is planned for construction from 2015 through 2016. C. The District desires for the US Army Corps of Engineers ("USACE" or "Corps"), in cooperation with the City, to construct the Project as soon as possible, in order to increase flood protection and improve embankment stability, improve salmon and wildlife habitat, and preserve recreational opportunities. D. By Resolution FCD 2013-14.3, as amended by Resolution FCD 2014- 08("Resolution"), the District Board of Supervisors determined that the flood control improvements included in the Resolution generally contribute to the objectives of the District's 1 Boeing Levee USACE Levee Raise and Ecosystem Restoration Project (Kent) 10-1-14 48 comprehensive plan of development. hi the Resolution, the District Board of Supervisors also approved funding for the Project. F. The Parties desire to enter into this Agreement to establish the terms and conditions for the Project. AGREEMENT Based upon the foregoing,the Parties agree as follows: 1. Incorporation of Recitals Scope of Agreement. a. All recitals above are hereby incorporated and ratified as part of this Agreement. b. This Agreement establishes the terms and conditions for design, construction, installation, operation, maintenance and repair of the Project. 2. Definition of District. Unless provided otherwise in this Agreement, the term "District"hereinafter also shall include WLRD in its capacity as service provider to the District. 3. Dew, Construction and Reimbursement. a. The Parties acknowledge that the United States Army Corps of Engineers — Seattle District("Corps") will design, construct and install the improvements, items and facilities described in Exhibit A, attached hereto and incorporated herein by reference("Project"). b. The City or the Corps shall obtain and be responsible for all necessary local, state, and federal permits and approvals for the Project, and shall fully comply with all applicable requirements and conditions thereof. C. The Parties acknowledge and understand that at the effective date of this Agreement funding for the Project is included in the District's 2014-2019 Six-Year CIP. If the Board of Supervisors of the District fails to appropriate funds for the Project in any annual District budget, the District reserves the right to terminate this Agreement, and the City shall direct the Corps to terminate work immediately on the Project; provided, that until substantial completion of the Project, the District shall continue to accept and review City requests for reimbursement up to the amount of funds appropriated in an approved District budget. d. The City's cost and expense for the Project shall be reimbursed pursuant to the procedures, requirements and restrictions of the Reimbursement of City Expenditures paragraph below. e. The Project area currently includes a river protection easement to King County. The City shall obtain and convey to the District or King County, as determined by the District or King County, all necessary easements or property for design, construction or installation of or 2 Boeing Levee USACE Levee Raise and Ecosystem Restoration Project (Kent) 10-1-14 49 access to the Project, using either the form of the standard River Protection Easement in Reference 8P to the King County Surface Water Design Manual, which includes an amendment that allows the City to proceed with any vegetation management work necessary for public safety consistent with Exhibit B, or a different form developed by the District or King County for this Project, as determined by the District or King County. 4. Levee Inspection, Maintenance, Operation and Repair Standards. The District and the City shall inspect, operate, maintain and repair the Project in accordance with this Agreement, which includes Exhibit B, attached hereto and incorporated herein by reference, an Operation and Maintenance Manual for the Project that is approved by the District, and District general standards, requirements and policies for operation, maintenance and repair of Green River levees, as adopted or applied by the District. 5. District Review of Plans. The City shall provide to the District a schedule of the Corps' material and significant events and actions for the design and bidding of the Project, which events and actions shall include, but not be limited to, 65%, 95% and 100% design stages and the invitation to bid. At least twenty-one (21) days prior to final approval by the Corps of plans and specifications for each of the three design stages, the City shall submit its most recent draft plans and specifications to the District for review and comment. At least twenty-one (21) days prior to issuance of the invitation to bid for the Project, or any part thereof, the City shall submit its most recent draft invitation to bid, including the plans, specifications and requirements of the invitation to bid, to the District for review and comment. The District may submit to the City any comments or concerns regarding the draft plans and specifications for a design stage, and draft plans, specifications and requirements for an invitation to bid. Upon receipt, the City shall submit the District comments and concerns to the Corps, and shall request the Corps to discuss the comments and concerns with the District as soon as possible, but prior to issuance or finalization of a document, as allowed within the Corps process. 6. District Inspections. The District shall have the right to inspect construction of the Project. 7. Contract for Project Work. The City shall request the Corps to send to the District upon execution all contracts for design, installation, construction, inspection and monitoring of the Project, or any part thereof, and if the Corps fails to send such contracts to the District in a timely manner,the City shall send such contracts to the District in a timely manner. 8. Record Drawings: Retention and Review of Documents. The City shall submit to the District record drawings for the Project, in a form and with detail required by the District. The City agrees to work with the Corps to maintain documentation of all planning, design, construction and inspection of the Project sufficient to meet state audit standards for a capital project, recognizing that the costs of the Project are paid for in whole or in part by the City and 3 Boeing Levee USACE Levee Raise and Ecosystem Restoration Project (Kent) 10-1-14 50 the District. The City agrees to work with the Corps to maintain any additional documentation that is requested by the District. The City shall work with the Corps to provide contracts and internal documents to the District for review and/or independent audit upon request. 9. Access: Special Use Permit. To the extent that the District's or King County's property interests require and allow, the City shall follow the District and/or King County processes for obtainingany necessary special use permits, consistent with King County special use permit procedures and standards, and shall obtain such permits for any City access to and construction and inspection work on the Levee. The District or King County shall waive any applicable bond requirements. If Project work involves access to and use of real property for which neither the District nor King County has real property interests or rights, the City shall be responsible for obtaining real property rights sufficient for City access to and construction and inspection of theProject work, and District and WLRD access to and maintenance, operation and repair of theProject work, improvements and facilities. 10. District Costs and Expenses. The total cost to the District for the Project shall not exceed $3,539,762 without prior authorization of the District. 11. Reimbursement of City Expenditures. a. No more than once a month, the City shall submit requests for reimbursement of City costs and expenses incurred on or after November 12, 2013 for design, construction, installation, inspection, and monitoring of the Project. The requests shall be in a form and shall contain information and data as is required by the District. b. The District shall review the requests to confirm that they are reimbursable and payable under this Agreement. The District shall endeavor to complete such review within thirty (30) days of receipt of a request to determine whether they are reimbursable and payable under this Agreement. The District shall forward the approved reimbursement to the City within forty- five (45) days of the City request. C. The District may postpone review of a City request for reimbursement where all or any part of the request is inaccurate or incomplete. The District shall notify the City of any inaccuracies or incompleteness within thirty (30) days of receipt of the request. The City shall provide the requested information or data within thirty (30) days of the request for such information or data. If the request is still inaccurate or incomplete in the opinion of the District, the dispute shall be resolved in accordance with paragraph 20 below. After resolution of the dispute, the District shall provide reimbursement as provided in this paragraph 11. d. The District may postpone payment of any request for reimbursement, up to a maximum of 5 percent of the request, where the City is delinquent in submittal, preparation or completion of any document or work required by this Agreement. 4 Boeing Levee USACE Levee Raise and Ecosystem Restoration Project (Kent) 10-1-14 51 12. Project Warranty. The City shall warrant the materials, work and function of the Project for five (5) years after the City and District's acceptance of construction of the Project, or any discrete and separate portion thereof. 13. Compliance with Laws and Regulations. The City and the Corps shall be responsible for compliance with all applicable laws and regulations, and obtaining all required permits, approvals and licenses in connection with the Project. 14. Impact on Other Reaches or Segments. The District and the City agree that the Project improvements, items and facilities shall not have a detrimental effect on other segments or reaches of the Green River levee system. The Project improvements, items and facilities shall be deemed not to have such a detrimental effect where they fully protect the conveyance capacity and storage volume of the floodplain during base flood (100-year flood) conditions, as demonstrated by compliance with King County flood hazard regulations, which are Sections 21A.24.230 through 21A.24.260 of the King County Code. It is understood by the District and the City that there may be a backwater effect of the Project improvements, items and facilities in that the hydraulic modeling results show a small rise in floodway and floodplain water surface elevations in areas within an 800 foot segment of the Project. 15. Duration Effective Date. This Agreement shall take effect on the date on which the second party signs this Agreement, and shall remain in effect until the Project warranty of paragraph 12 expires. 16 Third Parties. This Agreement and any activities authorized hereunder shall not be construed as granting any rights or privileges to any third person or entity, or as a guarantee or warranty of protection from flooding or flood damage to any person, entity or property, and nothing contained herein shall be construed as waiving any immunity to liability to the City, the District and/or King County, granted under state statute, including Chapters 86.12 and 86.15 RCW, or as otherwise granted or provided for by law. 17. Liens and Encumbrances. The City acknowledges and agrees that it will not cause or allow any lien or encumbrance arising from or related to the Project work authorized by this Agreement to be placed upon the real property interests of King County and the District. If such lien or encumbrance is so placed, King County and the District shall have the right to remove such lien and charge back the costs of such removal to the City. 18. Indemnification. To the maximum extent permitted by law, the City shall defend, indemnify and hold harmless the District and King County, and all of their officials, employees, principals and agents, from any and all claims, demands, suits, actions, losses, costs, reasonable attorney fees and expenses, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of, or as a consequence of, the design, construction and installation of the Project improvements, items and facilities under this Agreement. As to all 5 Boeing Levee USACE Levee Raise and Ecosystem Restoration Project (Kent) 10-1-14 52 other obligations under this Agreement, to the maximum extent permitted by law, each Party shall defend, indemnify and hold harmless the other Party, and all of its officials, employees, principals and agents, from any and all claims, demands, suits, actions, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of or relating to any negligent acts, errors or omissions of the indemnifying Party and its contractors, agents, employees and representatives in performing these obligations under this Agreement. However, if any such damages and injuries to persons or property are caused by or result from the concurrent negligence of the District or its contractors, employees, agents, or representatives, and the City or its contractor or employees, agents, or representatives, each Party's obligation hereunder applies only to the extent of the negligence of such Party or its contractor or employees, agents, or representatives. This indemnification provision shall not be construed as waiving any immunity granted to the City, the District, or King County, under state statute, including chapters 86.12 and 86.15 RCW, as to any other entity. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under industrial insurance, Title 51 RCW, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. This waiver has been mutually negotiated. 19. Insurance. Each Party recognizes that the other is self-insured and accepts such coverage for liability arising under this Agreement. Should any Party choose not to self-insure, that Party shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the other Party with a certificate of insurance and additional insured endorsement that will name the other Party as an additional insured. 20. Dispute Resolution. The Parties will seek to resolve any disputes under this Agreement as follows: a. For disputes involving cost reimbursements or payments, as provided for in paragraph 11 above, submittal of all relevant information and data to an independent Certified Public Accountant and/or a Construction Claims Consultant, if agreed upon by the Parties, for a non-binding opinion as to the responsibility. b. If the foregoing does not result in resolution and for all other disputes, the Parties may mutually select any informal means of resolution and resort will otherwise be had to the Superior Court for King County, Washington. C. Each Party will be responsible for its own costs and attorney's fees in connection with the dispute resolution provisions of this paragraph 20. 6 Boeing Levee USACE Levee Raise and Ecosystem Restoration Project (Kent) 10-1-14 53 21. Trail Design. If any impacts to the Green River Trail occur during construction and installation of the Project, the City shall work with the Corps to design and construct and obtain permits for fixing or replacing the Trail to meet King County Parks regional trail standards. 22. Entire Agreement: Amendment. This Agreement, together with its Exhibits A and B, represents a full recitation of the rights and responsibilities of the Parties and may be modified only in writing and upon the consent of both Parties. Should any conflict exist between the terms of this Agreement and the terms of the Exhibits,this Agreement shall control. 23. Binding Nature. The rights and duties contained in this Agreement shall inure to the benefit of and are binding upon the Parties and their respective successors in interest and assigns. 24. Notices, Communications and Documents. Unless applicable law requires a different method of giving notice, any and all notices, demands or other communications required or desired to be given hereunder by either Party (collectively, "notices") shall be in writing and shall be validly given or made to the other Party if delivered either personally or by Federal Express or other overnight delivery service of recognized standing, or if deposited in the United States Mail, certified, registered, or express mail with postage prepaid, or if sent by facsimile transmission with electronic confirmation. If such notice is personally delivered, it shall be conclusively deemed given at the time of such delivery. If such notice is delivered by Federal Express or other overnight delivery service of recognized standing, it shall be deemed given one (1) business day after the deposit thereof with such delivery service. If such notice is mailed as provided herein, such shall be deemed given three (3) business days after the deposit thereof in the United States Mail. If such notice is sent by facsimile transmission, it shall be deemed given at the time of the sender's receipt of electronic confirmation. Each such notice shall be deemed given only if properly addressed to the Party to whom such notice is to be given as follows: To City: Phone: ( ) Email: Fax: ( ) To District Phone: ( ) Email: Fax: ( ) 7 Boeing Levee USACE Levee Raise and Ecosystem Restoration Project (Kent) 10-1-14 54 Any Party may change its address for the purpose of receiving notices as herein provided by a written notice given in the manner aforesaid to the other Party. 25. Authority. The undersigned warrant that they have the authority duly granted by their respective legislative bodies to make and execute this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement, which shall become effective on the last date signed below. CITY OF KENT KING COUNTY FLOOD CONTROL ZONE DISTRICT By: By: Suzette Cooke Reagan Dunn Its: Mayor Its: Board Chair DATE: DATE: APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: City Attorney Legal Counsel 8 Boeing Levee USACE Levee Raise and Ecosystem Restoration Project (Kent) 10-1-14 55 EXHIBIT A Description of the Boeing Levee USACE Height Increase and Ecosystem Restoration Project General Description The Project is located on City property, deeded to the City for recreation and open space purposes. The Project is located on the right bank(easterly side) of the Green River between River Mile 17.09 and 17.85, which is approximately from South 200th Street on the north end,to South 212th Street which is near the south limits of the Project(see Figure 1). The Project area is located just south of Three Friends Fishing Hole Park and includes Boeing Rock Park. The Project is multi-objective in scope and will reduce flood risk, provide environmental habitat restoration, and preserve the recreational interest for the community. Successful completion of this key partnership Project between the Corps, the District, and the City will benefit the region and local community. Description of Levee Height Increase Part of Project The existing setback levee in the Project area protects industrial, manufacturing, and commercial business properties within the cities of Kent, Tukwila and Renton. It is approximately 4,500 linear feet in length, was constructed in 2000 and was improved in 2012-13 to meet FEMA accreditation standards. The levee height increase part of this Project will increase the height of the setback levee to achieve 18,800 cfs, plus three feet of freeboard protection. Description of Ecosystem Restoration Part of Project The ecosystem restoration part of the Project will consist of re-vegetation and habitat restoration work along the Green River, on embankment, in upland areas along an existing trail, and in areas where the levee is currently constructed. The Project improvements, items and facilities include: • Extensive riparian plantings to provide a vegetative armoring of the River embankment and to shade the River to reduce in-water temperatures. • Excavation of alcoves to widen the River channel to create additional flood storage and conveyance, and to provide salmon habitat. • Installation of large woody debris along the River's edge to protect the alcove areas and to provide habitat for salmon and other wildlife. 9 Boeing Levee USACE Levee Raise and Ecosystem Restoration Project (Kent) 10-1-14 56 • Provision of recreational opportunities along the River and its shoreline, including: preservation and relocation of two existing trails (the Green River Trail and an existing gravel trail or"middle trail" located between the river and the Green River Trail), preservation of Boeing Rock Park, which is located along the riverbank; grading and selective plantings to allow scenic overlooks and view corridors into the river and surrounding areas; a new trailhead parking facility; upland meadows; and other recreational amenities. • Relocation of existing utilities, as needed, to construct the project. EXHIBIT B Proiect Inspection, Maintenance, Operation and Repair Introduction This Exhibit applies to the existing setback levee located landward of the restoration features, the height increase to the levee, and upland improvements, items and facilities of the Project. The existing setback levee, plus the height increase shall be referred to in this Exhibit as "Levee." The City shall require the Corps to prepare a separate operations and maintenance manual, with input from the District and the City. The manual shall apply towards engineered logjams, alcoves, riparian plantings and other related Project improvements, items and facilities, and shall be approved by the District.. The recreational features of the Project are also separate from this Exhibit. Rules 1. After expiration of the 5-year warrant period for the Ecosystem Restoration part of the Project, the District shall maintain and operate the Project, except the park, overlooks, parking, and recreational elements, consistent with the District's Flood Hazard Management Plan Policy PROJ-6, Flood Protection Facility Design and Maintenance Objectives (or its successor) which states as follows: "[The District] should construct new flood protection facilities and maintain, repair or replace existing flood protection facilities in such a way as to: • Require minimal maintenance over the long term, • Ensure that flood or channel migration risks are not transferred to other sites, • Protect or enhance aquatic, riparian and other critical habitats, and 10 Boeing Levee USACE Levee Raise and Ecosystem Restoration Project (Kent) 10-1-14 57 • Protector enhance multiple beneficial uses of flood hazard area" 2. Levee maintenance and operation shall be based on a risk-based analysis approach. If FEMA rejects a risk-based approach for Levee maintenance and operation and for that reason fails to issue a CLOMR or LOMR for the Levee, the District shall not be obligated to operate and maintain the Levee. 3. The Levee crest shall be maintained to provide for unimpeded vehicular access at all times, including access by heavy construction equipment and earth-hauling machinery. 4. The landward and riverward Levee slopes may be mowed and maintained in grass cover. 5. The 15-foot maintenance access and inspection area along the landward Levee toe may be mowed and maintained in grass cover. 6. Upon acceptance of completed Levee construction by the District, the Levee, as constructed to these standards, shall be inspected by the District prior to leaf emergence each spring, at low-flow conditions in the late Summer or early Fall, prior to the onset of fall rains and seasonal high flows, and during and immediately following flood events at Phase III(9,000 cfs) or greater. 7. All structural features of the Levee shall be inspected by the District for deterioration or damage, including the presence of any slope erosion, washouts, slumping, slides, or sloughing, and any conditions noted shall be included in prioritization of District and/or King County maintenance and repair needs, and in performance of maintenance and repair actions at the earliest appropriate opportunity. 8. All vegetation on the levee slopes, benches, or along the lower embankment shall be inspected by the District for erosion of the riverward embankment in the root zone, and appropriate corrective action shall be taken where such conditions may be present. 9. The District and/or King County shall perform continuing Levee patrols during all Phase III or greater flood events. 10. Damaged or impaired Levee conditions observed by the District during flood patrols shall be evaluated for emergency repair actions. 11. Any emergency repairs performed will be inspected by the District at the neat low-water period for evaluation of permanent repair needs or additional measures required to restore the function and integrity of all affected locations. 12. The District and/or King County shall prioritize repairs consistent with the adopted policies of the District's Flood Hazard Management Plan, or its successor. 11 Boeing Levee USACE Levee Raise and Ecosystem Restoration Project (Kent) 10-1-14 58 13. The City shall be responsible for all local drainage inspections and maintenance. The District and King County shall not assume any responsibility for stormwater management activities. 12 Boeing Levee USACE Levee Raise and Ecosystem Restoration Project (Kent) 10-1-14 59 FIGURE 1 N w S 200th ST s - -- S 204th ST W / f t / r � O BOEING LEVEE a USACE _ ECOSYSTEM RESTORATION PROJECTAREA i THE BOEING LEVEE USACE ECOSYSTEM RESTORATION PROJECT CONSISTS OF ENVIRONMENTAL RESTORATION FEATURES, IMPROVEMENTS TO REDUCE FLOOD RISK,AND RECREATIONAL ELEMENTS. THE PROJECT IS LOCATED JUST SOUTH / OF THREE FRIENDS FISHING HOLE PARK TO S 212TH STREET ON THE RIGHT BANK OF THE GREEN RIVER IN KENT,WA. �I / S 212th ST Boeing Levee USACE Ecosystem Restoration Project Figure 1 13 Boeing Levee USACE Levee Raise and Ecosystem Restoration Project (Kent) 10-1-14 60 This page intentionally left blank. 61 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 West Gowe Street Kent, WA 98032-5895 Date: September 9, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: October 6, 2014 From: Mark Howlett, P.E. Design Engineering Manager Through: Chad Bieren, P.E. City Engineer Subject: Canyon Drive/Campus Park - Puget Sound Energy (PSE) Gas Line Easement Item - 8 Motion: Move to recommend Council authorize the Mayor to sign an Easement allowing Puget Sound Energy to replace gas facilities on city-owned property adjacent to Campus Park subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: Over 30 years ago, Washington Natural Gas (now Puget Sound Energy) installed a gas line across City property adjacent to the City's Campus Park to provide service to Kent-Meridian High School's French Field. The area where the gas line runs serves primarily as a secondary parking lot for the stadium. Puget Sound Energy's and the City's records indicate that no easement was ever obtained by PSE for this gas line. PSE would like to replace this line and, in order to have sufficient legal rights to do so, would like to acquire an easement from the City for the continued use of this land. Exhibit: Puget Sound Energy Easement and Site Map Budget Impact: PSE would pay the City $1,579.00 for this easement. 62 This page intentionally left blank. 63 RETURN ADDRESS: Puget Sound Energy,Inc. Attention: RIW Department PO Box 97034,EST-06W Bellevue,WA 980094734 EASEMENT REFERENCE GRANTOR: CITY OF KENT,a Washington municipal corporation GRANTEE: PUGET SOUND ENERGY,INC. SHORT LEGAL: SE% Sec.19,Twp.22N,Rag.OSE,W.M. ASSESSOR'S PROPERTY TAX PARCEL: 192205-9076 For and in consideration of One Dollar($1.00)and other valuable consideration in hand paid,CITY OF KENT,a Washington municipal corporation, ('Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexctusive perpetual easement over, under, along across and through the following described real property ("Property"herein)in KING County,Washington: THAT PORTION OF NW 114 OF SE 114 OF SE 114 LYING N&E OF SSH#5-A; LESS STS; Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area"herein)described as follows: SEE EXHIBIT"A"AND AS MORE PARTICULARLY DEPICTED ON THE DRAWING MARKED EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. 1. Purpose. Grantee shall have the right to use the Easement Area to construct,operate,maintain,repair, replace,Improve,remove and enlarge one or more utility systems for purposes of transmission,distribution and sale of gas. Such systems may include,but are limited to: Underground facilities.Pipes,pipelines,meters,attachments and all other facilities or appurtenances necessary to any or all of the foregoing. Following the initial construction of all or a portion of Its systems,Grantee may,from time to lime,construct such additional facilities as it may require for such systems,provided that Grantee receives written approval of Grantor prior to construction of additional facilities, which approval sha0 not be unreasonably whimhe/d. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut,remove and dispose of any and all brush,trees or other vegetation in the Easement Area. Grantee shall also have the right to control,on a continuing basis and by any prudent and reasonable means,the establishment and growth of brush,trees or other vegetation in the Easement Area. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not Inconsistent with the rights herein granted,provided,however,Grantor shall not construct or maintain any buildings,structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent ' 4. Restoration. By the recording of this easement Grantee herein agrees to restore any area of the property disturbed during exercise of the rights granted herein, to a condition as nearly as practicable to the condition they were in immediately before the exemse of said rights. S. Indemnity. Grantee agrees to indemnify Grantor from and against liability Incurred by Grantor as a result of Grantee's negligence in the exercise of the fights herein granted to Grantee,but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. S. Abandonment The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five(5)successive years,in which event,this easement shall terminate and all rights hereunder,and any improvements remaining in the Easement Area,shall revert to or otherwise become the property of Grantor, provided, however,that no abandonment shall be deemed to have occurred by reason of Grantee's -- failure to initially install its systems on the Easement Area within any period of time from the date hereof. Page 1 of 5 WOb 109077314/RW-084383/Np 11069402 Plat Map 223.081/OP Map 220.080 Mill Creek EaMmrks PorWrench Field aes 64 7. Sucoesson;and Assigns. Grantee shall have the right to assign,apportion or otherwise transfer any or all of Its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing,the rights and obligations of the parties shall Inure to the benefit of and be binding upon their respective successors and assigns. DATED this day of 2014. GRANTOR: The City of Kent a Washington municipal corporation Attest: BY: BY: Its Mayor ITS: Approved as to Form: BY: ITS: GRANTEE: Puget Sound Energy,Inc.,a Washington Corporation BY: TITLE: Page 2 of 5 WON 109077314/RW-084383/N911069402 Plat Map 223.081/OP Map 220.080 MITI Creek Earthworks ParklFrench Field ses 65 STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of - 2014,before me,a Notary Public In and for the State of Washington, duly commissioned and mom, personally appeared and to me known to be the Mayor and of the City of Kent,the municipal corporation that executed the within and foregoing Instrument,and acknowledged the same to be the free and voluntary act and deed of said municipal corporation,for the uses and purposes therein mentioned and on oath stated that are authorized to execute said Instrument WITNESS my hand and official seal hereto affixed the day and year first above written. (Signature of Notary) (Prim or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: NMay W.lmt vq ail rwM W rs moat be IreWa P.,0M. STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of 2014,before me,a Notary Public in and for the State of Washington,duly commissioned and swom,personalty appeared to me known to be the of Puget Sound Energy,Inc.,the corporation that executed the within and foregoing instrument,and acknowledged the same to be the free and voluntary act and deed of said Puget Sound Energy, Inc., for the uses and purposes therein mentioned and on oath stated that is authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: tmmysoa,aexlaa al mmnam mm ee msae r marere Page 3 of 5 WOp 109077314/RW OW831 NN 11069402 Plat Map 2210811 OP Map 220.080 Mlil Creek Eadhworks PaddPranch Field ses 66 EXHIBIT`A' Attached hereto and made a part hereof Easement dated 2014, By and between City of Kent,a Washington municipal corporation,as Grantor And Puget Sound Energy,Inc.,a Washington corporation,as Grantee PIYRiO e® y Y irdmsource Services,LLC 9800 Canyon Drive,Kent Project 81 0 9 07 731 4 ESM Job No,1707-241-013 December 9,2013 EXHIBIT"A" LEGAL DESCRIPTION FOR GAS LINE EASEMENT That portion of the southeast quarter of the southeast quarter of Section 19,Township 22 North,Range 5 East,WM,City of Kent king County,Washington,being a 10 foot wide sMp,lying 5 feet on each side of the following described centerline: COMMENCING at the southeast comer of said Section 19,being a found 34rich brass disk With punchmark,stamped King County Survey,from which the south quarter comer of Section 20,Township 22 North,Range 5 East W.M. being a brass tack at the centerilne of BE 256w Street approximately 160 feet west of 109a'Avenue SE,bears S 89°23'09"E, 2481.99 feet THENCE N 89*164T W,208.67 feet to a southeasterly extension of the centedine of Canyon Drive SE; THENCE along said extension and said centerllne,N 401194T W,87753 feet THENCE perpendicular to said centerline,N 49*4917"E,33,00 feet to the northeasterly margin of said Canyon Drive BE AND the TRUE POINT OF BEGINNING; THENCE N 43.175W E,127A3 feel; THENCE N 82434'0r E,5.80 feet to the westerly line of Parcel B of City of Kent Lot Line Adjustment No.LL-2008-1,as recorded under Recording No.20080221000699,King County Records AND the terminus of this easement centerline description. Note:The sidelines of said strip shall be lengthened or shortened as necessary to begin on the northeasterly margin of said Canyon Drive SE and to end on the westerly line of said Parcel B. Containing 1,332 square feet more or less. - FO itXN,O See attached Exhib "B". Written by: RAW Checked by CAF • �O 1 Ilearn81e1pr1ESM.lO89tlTOT241101310RceVtEe-0Oidoc Us �O;10 .Ot aR: f311F4Np.E ERN fn„tl fSM Aq•m . Q In RJ t%.e,bE IN ObkIA 111 GAr ME 10101Ehnrll N.PM,Nd1,qI 1RIt N0a NmiR1. iN4n111.p NS ItM EnrM.Ml ftlN flMutwp IIIN No,r4AilWvry IIf.N0.111.1 NISN.1NR41 ROf.NISNRMI NeieO •,ndWUW KLENANbtlfn. I1ME.11MIalllnr tp.NISNIOO In. M.NEf1.EE fN NIM.IpIM RISILNIIN Page 4 of 5 WO#109077314/RW-089383/N#11069402 Plat Map 223,0811 OF Map 220.090 Mill Cmk Ewffimrks Park/Fremh Field 9e5 67 EXHIBIT 4B' Attached hereto and made a part hereof Easement dated 2014, By and between City of Kent,a Washington municipal corporation,as Grantor And Puget Sound Energy,Inc.,a Washington corporation,as Grantee EXHIBIT "B" TO ACCOMPANY LEGAL DESCRIPTION FOR GAS LINE EASEMENT A PORTION OF THE SE 1/4 OF THE SE 1/4 OF SECTION 19, 1WP. 22 N., RGE. 5 E., W.M., CRY OF KENT, KING COUNTY, WASHINGTON n CITY OF KENT PARKS 5' TERMINUS PROPOSED 10' WIDE Gas EASEMENT�0�/ /� PARCEL 8 GOALIE:1^®40' � /j` KENT SCHOOL DIVRICT 415 �j TRUE POINT OF _ BEGINNING \ 2- R oro 9 02 35142 IZ. S(P POINT OF COMMENCEMENT 'CIO 7 SE CORNER OP. — SECTION 79 ® CONSUL PING ENGINEERS tt. tOtO6EEwmtl Mnll Wey I(�'I JOB NO, 1707-241-013 ewm ato Eyererc.wasazoe-zees DRAWING NAME: SR-01 2013 "W.eamcivILOOM ` ` DATE: DRAWN: JDC/RAC/RA F arm wne swytp Caro alwNro SHEET i OF 1 ' wean Maw�a rmlw�uemu•�+N lamcnw wdin.edn. Page 5 of 5 WO#109077314/RYJ-084353I N#11069402 Plat Map 223.0811 OP Map 220.080 M@ Creek Eadhm*s Pa4dFrench Field $ea 68 This page intentionally left blank. 70 This page intentionally left blank. 71 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH 1NGTON Address: 400 West Gowe Street Kent, WA 98032-5895 Date: September 2, 2014 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: October 6, 2014 From: Michael Mactutis, P.E., Environmental Engineering Manager Through: Chad Bieren, P.E., City Engineer Subject: Joint Funding Agreement for Water Resources Investigations with the U.S. Geological Survey Item - 9 Motion: Move to recommend Council authorize the Mayor to sign the Joint Funding Agreement for Water Resources Investigations between the City of Kent and the U.S. Geological Survey upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: This is an on-going program with the City of Kent and the U.S. Geological Survey (USGS) for stream data collection. For federal fiscal year 2015, The City of Kent will contribute $64,570 to the annual program costs of $110,540 with the USGS providing the remainder. These gages provide valuable information on stream and weather conditions, including water surface elevations, flow levels and amounts of precipitation. This information is used to calibrate stream flow models and increase the accuracy of City design of stormwater flood projection models. The gages, through their link to internet web sites, allow staff and the public to monitor stream flow levels from remote locations. The stream flow measured at the gage at Rock Creek and Kent Kangley Road is included in the Clark Springs Habitat Conservation Plan as a criterion to determine the City's augmentation of flows in Rock Creek from October through December. This contract will provide for operation, maintenance and data collection at six gages. Two are located on Mill Creek, one on Springbrook Creek, two on Rock Creek, and one on the Green River. The gage information is available to the public real-time at http://waterdata.usgs.aov/wa/nwis/current?type=flow . Exhibits: U.S. Geological Survey Joint Funding Agreement Budget Impact: Costs for this contract will be charged partially to the Water Utility (Rock Creek gages) and partially to the Stormwater Utility (Green River, Mill and Springbrook Creek gages). 72 This page intentionally left blank. 73 Form 9.1366 U.S. Department of the Interior Customer#: 6000000723 FY15-A (Oct. 2005) U.S. Geological Survey Agreement#: 15WNWA09800 Joint Funding Agreement Project#: 97229EU TIN #: 916001254 Fixed Cost R j° Agreement Yes No FOR WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the 1" day of OCTOBER 2014, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Kent, party of the second part. 1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a fixed-price agreement for operation and maintenance of strearrrgaging stations at the Green River, and Springbrook, Mill and Rock Creeks, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In-Kind Services in the amount of $ N/A. by the party of the first part during the period (a) $36,776 OCTOBER 1,2014 to SEPTEMBER 30, 2015 by the party of the second part during the period (b) $64,570 OCTOBER 1, 2014 to SEPTEMBER 30, 2015 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 74 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible.The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Down Payment (Bill) Request (form DI-1040). Billing documents are to be rendered QUARTERLY. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File 8-212222, August 23, 1983). U.S. Geological Survey Name of Customer United States City of Kent Department of the Interior USGS Point of Contact Customer Point of Contact Name: Ken Frasl Name: Address: USGS WAWSC— Field Office Address: 934 Broadway, Suite 300 Tacoma, WA 98402 Telephone: 253-552-1670 Telephone: Email: kefrssl,@.usc.js�ggy Email: Signatures Signatures /7 By--(�q?7 — An 171, Date --24 -°/y By (/ Date Name: Cynthia Barton, Ph.D., L.G., L.N.G. Name: Title: Center Director, USGS Washington Title: Water Science Center By Date By Date Name: Name: Title: Title: 6000000723/15 W N W A09800/FY15-A 75 OSGS-City of Kent Cooperative Streamgaging Program,October 1,2014-September 30,2015 USGS USES Cooperative Station Water Program No. Station Name City of Kent (CWP) Discount Total Remarks WESTERN WASHINGTON FIELD OFFICE(TACOMA),253 552-1670 12113344 Green River at 200th Street Bridge at Kent Streamflow discharge $9,470 $9,470 This represents one-half of streamflow discharge; the remainder Is funded by the City of Tukwila. 12113346 Springbrook Creek at Or!Ilia Streamflowdlscharge $10,320 $6,888 $1,722 $18,930 Precipitation,air temperature $1,300 $872 $219 $2,390 12113347 Mill Creek at Earthworks Park at Kent Streamflow discharge $10,320 $6,888 $1,722 $18,930 12113349 Mill Creek near Mouth at Orillla Streamflow discharge $10,320 $6,888 $1,722 $18,930 12118400 Rock Creek at Highway 516 near Ravensdale Streamflow discharge $10,320 $6,888 $1,722 $18,930 Precipitation(published) $2,200 $1,464 $366 $4,030 12118500 Rock Creek near Maple Valley Streamflow discharge $10,320 $6,888 $1,722 $18,930 TOTAL $64,570 $36,776 $9,194 $110,540 The discount is a percentage of the USGS Cooperative Water Program funds applied to this gage.It results from a change In USGS administrative procedures and does not affect the percentage of the cooperator contribution to the gage cost. 76 This page intentionally left blank. 77 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 West Gowe Street Kent, WA 98032-5895 Date: October 1, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: October 6, 2014 From: Bill Thomas, Street Superintendent Through: Dave Brock, Interim Operations Manager Subject: Public Works Agreement with Nature's Way Tree Service LLC - 64th Ave Tree Removal Item - 10 Motion: Move to recommend Council authorize the Mayor to sign a Public Works Agreement with Nature's Way Tree Service LLC in an amount not to exceed $18,750 for the removal of a cottonwood tree near the 23200 block of 64th Avenue South, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: Certified arborists inspected a large cottonwood tree within the right-of- way near the 23200 block of 64th Avenue South. The tree is composed of three large trunks each in excess of four feet in diameter and nearly one hundred feet tall. Areas of rot have developed within the trunk and the arborists have recommended its removal. Due to its height, and proximity to the Bayview Townhome Condominiums at the Lakes and the traveling public on 64th Avenue South, a crane is needed to facilitate removal. The services of a crane significantly increase the removal costs. We have solicited bids for the tree removal, with Nature's Way Tree Service LLC being the lowest bidder. Staff has had good experience working with this Contractor in the past, and is recommending award. Exhibits: Public Works Agreement with Nature's Way Tree Service LLC. Budget Impact: This is an unbudgeted general fund expense. 78 PUBLIC WORKS AGREEMENT between City of Kent and Nature's Way Tree Service, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Nature's Way Tree Service, LLC organized under the laws of the State of Washington, located and doing business at 1019 184th Ave. Ct. E., Lake Tapps, WA 98391, Phone: (253) 740-4669, Contact: Mike Harrell (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 remove three black cottonwood trees on 64th Avenue. For a copy of the Contractor's quote, see Exhibit A which is attached 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 within thirty (30) days. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Eighteen Thousand, Seven Hundred Fifty Dollars ($18,750.00). 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 City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this Agreement. A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is less than $35,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and PUBLIC WORKS AGREEMENT - 1 (Roadway/Pedestrian Path - Over$1OK, Under$35K, No Performance Bond) 79 performance bond, has elected to have the owner retain the final fifty percent (50%) of the Contract amount 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. B. 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. C. 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. 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 PUBLIC WORKS AGREEMENT - 2 (Roadway/Pedestrian Path - Over$1OK, Under$35K, No Performance Bond) 80 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 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 PUBLIC WORKS AGREEMENT - 3 (Roadway/Pedestrian Path - Over$1OK, Under$35K, No Performance Bond) 81 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. 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. PUBLIC WORKS AGREEMENT - 4 (Roadway/Pedestrian Path - Over$1OK, Under$35K, No Performance Bond) 82 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. 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. PUBLIC WORKS AGREEMENT - 5 (Roadway/Pedestrian Path - Over$1OK, Under$35K, No Performance Bond) 83 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 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 PUBLIC WORKS AGREEMENT - 6 (Roadway/Pedestrian Path - Over$1OK, Under$35K, No Performance Bond) 84 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$1OK, Under$35K, No Performance Bond) 85 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: 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: CONTRACTOR: CITY OF KENT: Mike Harrell Timothy J. LaPorte, P.E. Nature's Way Tree Service, LLC City of Kent 1019 184th Ave. Ct. E. 220 Fourth Avenue South Lake Tapps, WA 98391 Kent, WA 98032 (253) 740-4669 (telephone) (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Nature s Way Tree Sery-64"Trees/Schroeder PUBLIC WORKS AGREEMENT - 8 (Roadway/Pedestrian Path - Over$1OK, Under$35K, No Performance Bond) 86 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 87 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 88 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 89 EXHIBIT A 1 Estimate sheet 9�lature's Way Tree Service, LLC Ca�stonaer riaformatio,i 17ate 1019184tf,Ave Ct E 6/17/2014 Lake Tapps TWA 98391 City Of lCent 253-740-4669 Services 9fours TO Complete Trice .......Pruning Tree evoli ation Tree removal Other comments Removal of tFiree B(ackCotton Wood trees on 64tg ave in ant rWa Clip and remove all6rus6 Remove allwoodf om site Leave stump cut low i 4-4,total $18,750.00 ., . ..r. $1 781,25 — 90 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. 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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. 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. 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 $2,000,000 products-completed operations aggregate limit. 91 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 ANII. 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 92 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, worker's 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: 9/8/2014 �;�Imty 1irade J. Wa. Holiday Overtime Note: King Asbestos Abatement Journey Level $42.67 5D 1H King Boilermakers Journey Level $64.44 5N 1C King Brick Mason Brick And Block Finisher $44.46 5A 1M ............................. King Brick Journey Level $51.32 5A 1M King Brick Pointer-Caulker-Cleaner $51.32 5A 1M King F3uilrJirrg..Servire_E,mrrlryees Janitor $21.29 5S 2F King F3uilrJirrg..Servire_E,mrrlryees Traveling Waxer/Shampooer $21.701 5S 2F King F..g di rrg..Service_E,mrrlr2yees Window Cleaner (Non-Scaffold) $24.941 5S I 2F King Pg di rrg..Service_E,mrrlr2yees Window Cleaner (Scaffold) $25.80 5S 2F King Lgt iriet__Makers_(Irr_S.hr2rr.). Journey Level $22.74 1 King ear rerr rters Acoustical Worker $52.32 5D 1M King LagLpflrters Bridge, Dock And Wharf $52.32 5D 1M Carpenters King LagLpflrters Carpenter $52.32 5D 1M King farrerr rters Carpenters on Stationary Tools $52.45 5D 1M King LagLpflrters Creosoted Material $52.42 5D 1M King LagLpflrters Floor Finisher $52.32 5D 1M King LagLpflrters Floor Layer $52.32 5D 1M King LagLpflrters Scaffold Erector $52.32 5D 1M King Cement Masons Journey Level $52.38 7A 1M King Divers._a. Tenders, Diver $105.37 5D 1M 8A King Divers._a:._Tenders, Diver On Standby $59.50 5D 1M King Divers._a:._Tenders, Diver Tender $54.82 5D 1M King Divers._a:._Tenders, Surface Rcv 8 Rov Operator $54.82 5D 1M King Divers._a. Tenders Surface Rcv 8 Rov Operator $51.07 5A 1B Tender King L dq _W2rkers Assistant Engineer $53.001 5D 3F King 112Ltdqe_Workers, lAssistant Mate (Deckhand) 1 $52.581 5D I 3F https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 9/8/2014 Page 2 of 17 93 King !Lt4q E2LLtLa Boatmen $52.301 2D L I King [ILtCL E2LLU2 Engineer Welder $54.04 5D 3F King !Lt4q E2LLtLa Leverman, Hydraulic $55.17 5D 3F King !Lt4q E2LLtLa Mates $52.30 5D 3F King fjLtCjgtWOrkers Oiler $52.58 5D 3F King Journey Level $52.32 5D 1 H King firywa,lll;,arrers, Journey Level $52.371 5P 1 E King Electrical Fixture Maintenance Journey Level $25.84 5L 1 E Workers ...................................................................... .......................... King K.I.e..c.t.r.i.c.l.a..r2s 1.D..s.i.d.e. Cable Splicer $65.69 7C 2W King Electricians Inside Cable Splicer (tunnel) $70.52 7C 2W .............................................................. King Electricians Inside Certified Welder $63.49 7C 2W .............................................................. King Electricians Inside Certified Welder (tunnel) $68.10. 7C 2W .............................................................. King E..[.e..c1.r.j.c.j..a..r2s 1.D..s.j.d.e. Construction Stock Person $35.69 7C 2W King Electricians Inside Journey Level $61.30 7C 2W .............................................................. King Electricians Inside Journey Level (tunnel) $65.69 7C 2W .............................................................. King Electricians M(.)tor.Shop Craftsman $15.37 1 ............................................................................ King Electricians MotoL.. �2p Journey Level $14.69 1 .......................................................... .. King Electricians Powerline Cable Splicer $68.33 5A 4A F'77;'s"Tr u c Ti'o, r'i................................... ........................................ King Electricians Powerline Certified Line Welder $62.50 5A 4A Corrstru c Ti'o, r'i................................... ........................................ King Electricians Powerline Groundperson $42.56 5A 4A F�7;'s"Tr u c Ti'o, r'i................................... ........................................ King Electricians Powerline Heavy Line Equipment $62.50 5A 4A F�7;'s"Tr u c Ti'o, r'i................................... Operator ........................................ King Electricians Powerline Journey Level Lineperson $62.50 5A 4A Construction ........................................ King Electricians Powerline Line Equipment Operator $52.47 5A 4A F'77;'s"Tr u c Ti'o, r'i................................... ........................................ King Electricians Powerline Pole Sprayer $62.50 5A 4A Corrstru c Ti'o, r'i................................... ........................................ King Electricians Powerline Powderperson $46.55 5A 4A Corrstru c Ti'o, r'i................................... ........................................ King K.12.cl.uo.ulc T..e.c.h.u.j.c.i.a..r1s Journey Level $31.001 1 King Elevator Constructors Mechanic $80.14 7D 4A King Elevator Constructors Mechanic In Charge $86.77 7D 4A .................................................................... King Fabricated Precast Concrete All Classifications - In-Factory $15.25 5B 111 P'r"o'd u c t s............................................................... Work Only ............................ King F.2.u.c..e E r2clo.r.s. Fence Erector $15.18 1 King E!iftqgtLs Journey Level $36.17 7A 31 King Glaziers Journey Level $54.91 7L ly .......................... King Heat &,. Frost Insulators Arid Journeyman $60.93 5J is Asbestos..Workers................................. ...................................................... King begting..Ffjuip Mechanics Journey Level $70.37 7F 1E . ..!nfnt King IHod._Carriers &,. Maso.n. Tenders Journey Level 1 $44.001 7A I 11_ I King 1.111d..u.slri.a.l P.(.).w.e.r V.a..c.u..u..m, I Journey Level 1 $9.321 1 1 1 ............. ............... https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 9/8/2014 Page 3 of 17 94 Cie.a..r]..ef King I.a.l.a..r.i.d B.o.a..IM.2a. Boat Operator $54.57 5B 1K King Inland._Boatmen Cook $50.95 5B 1K ...... ........ ........................... King Inland Boatmen Deckhand $51.19 5B 1K ................................................. King III.I.a..r2d B.o.a.l.m..e.u. Deckhand Engineer $52.18 5B 1K King Inland Boatmen Launch Operator $53.40 5B 1K ................................................. King Inland Boatmen Mate $53.40 5B 1K ................................................. Kingaging Of Cleaner Operator, Foamer $31.49 1 Sewer Et Water Systems t3y Operator Remote Control ................................................. King !i Ig Grout Truck Operator $11.48 1 SewerA..YLitL.Sys Systems B Remote Control ................................................. King !i Ig 2 Head Operator $24.91 1 Systems.Sewer Et Water . . . .y Remote Control ................................................. King !i Ig Technician $19.33 1 SewerA..YLitL.Sys Systems B Remote Control ................................................. King !i Ig Tv Truck Operator $20.45 1 SeweraYaluSystems.' ' " by .. .. Remote Control ................................................. King . . ... ...... Journey Level $52.32 5D im . .... ... King .I..ro..n....wor.ke.rs Journeyman $61.62 7N 10 King Laborers Air, Gas Or Electric Vibrating $42.67 7A 31 ........................... Screed King Airtrac Drill Operator $44.00 7A 31 Laborers,... ... King Laborers Ballast Regular Machine $42.67 7A 31 ........................... King Laborers Batch Weighman $36.17 7A 31 ........................... King Brick Pavers $42.67 7A 31 Laborers,... ... King Brush Cutter $42.671 ZA 31 Laborers,... ... King Laborers Brush Hog Feeder $42.67 7A 31 ........................... King Burner $42.67 7A 31 Laborers,. ... King Caisson Worker $44.00 7A 31 Laborers,.... . .... ... King Carpenter Tender $42.67 7A 31 Laborers,. ... King Caulker $42.67 7A 31 Laborers,. ... King Laborers Cement Dumper-paving $43.46, 7A 31 ........................... King Laborers Cement Finisher Tender $42.67 7A ........................... 11 1 King L....ah.o.uor.s. Change House Or Dry Shack $42.67 7A 31 King L....ah.o.r..ef.s., Chipping Gun (under 30 Lbs.) $42.67 7A 31 King Laborers Chipping Gun(30 Lbs. And $43.46 7A 31 Over) King Laborers Choker Setter $42.67 7A 31 ........................... King Chuck Tender $42.67 7A 31 Laborers,... ... King Laborers Clary Power Spreader $43.46 7A 31 ........................... King Laborers Clean-up Laborer $42.67 7A 31 ........................... King Concrete Dumper/chute $43.46 7A 31 Laborers,... ... https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 9/8/2014 Page 4 of 17 95 Operator King L, ,o.0 rs, Concrete Form Stripper $42.67 7A 31 King Laborers, Concrete Placement Crew $43.46 7A 31 King L..arorers, Concrete Saw Operator/core $43.46 7A 31 Driller King Laborers, Crusher Feeder $36.17 7A 31 King Laborers, Curing Laborer $42.67 7A 31 King Laborers, Demolition: Wrecking 8 Moving $42.67 7A 31 (incl. Charred Material) King Laborers, Ditch Digger $42.67 7A 31 King Laborers, Diver $44.00 7A 31 King Laborers, Drill Operator $43.46 7A 31 (hydraulic,diamond) King L.arorers, Dry Stack Walls $42.671 7A 31 King L.arorers Dump Person $42.671 7A 31 King L.arorers, Epoxy Technician $42.67 7A 31 King )..a rgrers Erosion Control Worker $42.67 7A 31 King Laborers, Faller 8 Bucker Chain Saw $43.46 7A 31 King Laborers, Fine Graders $42.67 7A 31 King L.a.Lrrers Firewatch $36.17 7A 31 King Laborers, Form Setter $42.67 7A 31 King LiIL um Gabian Basket Builders $42.67 7A 31 King Laborers, General Laborer $42.67 7A 31 King Laborers, Grade Checker 8 Transit $44.00 7A 31 Person King LiIL um Grinders $42.67 7A 31 King Laborers, Grout Machine Tender $42.67 7A 31 King Laborers, Groutmen (pressure)including $43.46 7A 31 Post Tension Beams King Laborers, Guardrail Erector $42.67 7A 31 King Laborers, Hazardous Waste Worker (level $44.00 7A 31 A) King Laborers, Hazardous Waste Worker (level $43.46 7A 31 B) King Laborers, Hazardous Waste Worker (level $42.67 7A 31 C) King Laborers, High Scaler $44.00 7A 31 King Laborers, Jackhammer $43.46 7A 31 King Laborers, Laserbeam Operator $43.46 7A 31 King Laborers Maintenance Person $42.67 7A 31 King Laborers, Manhole Builder-mudman $43.46 7A 31 King Laborers, Material Yard Person $42.67 7A 31 King Laborers, Motorman-dinky Locomotive $43.46 7A 31 King Laborers, Nozzleman (concrete Pump, $43.46 7A 31 Green Cutter When Using Combination Of High Pressure Air 8 Water On Concrete 8 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 9/8/2014 Page 5 of 17 96 Rock, Sandblast, Gunite, Shotcrete, Water Bla King Pavement Breaker $43.46 7A 31 Laborers,... . .... ... King L....ah.quef.s. Pilot Car $36.17 7A 31 King Laborers Pipe Layer Lead $44.00 7A 31 ........................... King Pipe Layer/tailor $43.46 7A 31 Laborers,........ ... King Laborers Pipe Pot Tender $43.46 7A 31 ........................... King Pipe Reliner $43.46. 7A 31 Laborers,... . ... King LiILQum Pipe Wrapper $43.46 7A 31 King Pot Tender $42.67 7A 31 Laborers,... . ... King Powderman $44.00 7A 31 Laborers,........ ... King Powderman's Helper $42.67 7A 31 Laborers,... . ... King Power Jacks $43.46 7A 31 Laborers,... . ... King Laborers Railroad Spike Puller - Power $43.46, 7A 31 ........................... King Raker - Asphalt $44.00 7A 31 Laborers,... . ... King Re-timberman $44.00 7A 31 Laborers,........ ... King Laborers Remote Equipment Operator $43.46 7A 31 ........................... King Rigger/signal Person $43.46 7A 31 Laborers,... . ... King Rip Rap Person $42.67 7A 31 Laborers,........ ... King Rivet Buster $43.46. 7A 31 Laborers,... . ... King Rodder $43.46 7A 31 Laborers,........ ... King Scaffold Erector $42.67 7A 31 Laborers,... . ... King Scale Person $42.67 7A 31 Laborers,... . ... King Sloper (over 20") $43.46 7A 31 Laborers,........ ... King Sloper Sprayer $42.67 7A 31 Laborers,... . ... King Laborers Spreader (concrete) $43.46 7A 31 King Stake Hopper $42.67 7A 31 Laborers,... . ... King Stock Piler $42.67 7A 31 Laborers,... . ... King Tamper Ff Similar Electric, Air $43.46 7A 31 Laborers,........ ... Ff Gas Operated Tools King Laborers Tamper (multiple Ff Self- $43.46 7A 31 ........................... propelled) King Timber Person - Sewer (lagger, $43.46 7A 31 Laborers,... . ... Shorer Ff Cribber) King Toolroom Person (at Jobsite) $42.67 7A 31 Laborers,... . ... King Topper $42.67 7A 31 Laborers,........ ... King Track Laborer $42.67 7A 31 Laborers,... . ... King Track Liner (power) $43.46 7A 31 Laborers,... . ... King Laborers Traffic Control Laborer $38.68 7A 31 8R King Laborers Traffic Control Supervisor $38.68 7A 31 8R ........................... King Truck Spotter $42.67 7A 31 Laborers,........ ... King Tugger Operator $43.46 7A 31 Laborers,... . ... King Tunnel Work-Compressed Air $64.99 7A 31 Laborers,... . ... Worker 0-30 psi King 1.....ah.o.ue..r.s. Tunnel Work-Compressed Air $70.02 ZA 11 jjQ https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 9/8/2014 Page 6 of 17 97 Worker 30.01-44.00 psi King Laborers, Tunnel Work-Compressed Air $73.70 7A 31 8S Worker 44.01-54.00 psi King L. brrers Tunnel Work-Compressed Air $79.40 7A 31 8D Worker 54.01-60.00 psi King Laborers, Tunnel Work-Compressed Air $81.52 7A 31 8S Worker 60.01-64.00 psi King Laborers, Tunnel Work-Compressed Air $86.62 7A 31 8S Worker 64.01-68.00 psi King Laborers, Tunnel Work-Compressed Air $88.52 7A 31 8S Worker 68.01-70.00 psi King Laborers, Tunnel Work-Compressed Air $90.52 7A 31 8S Worker 70.01-72.00 psi King L. brrers Tunnel Work-Compressed Air $92.52 7A 31 8D Worker 72.01-74.00 psi King L.abrrers Tunnel Work-Guage and Lock $44.10 7A 31 8D Tender King Laborers, Tunnel Work-Miner $44.10 7A 31 8S King Laborers, Vibrator $43.46 7A 31 King L.abrrers Vinyl Seamer $42.67 7A 31 King Laborers, Watchman $32.87 7A 31 King L.abrrers Welder $43.46 7A 31 King Laborers, Well Point Laborer $43.46 7A 31 King Laborers, Window Washer/cleaner $32.87 7A 31 King L. b rers..::. UnrJerground Sewer General Laborer 8 Topman $42.67 7A 31 Ct Water -.......................... King L. biers..::._IJruJergrrurrrJ._Sewer Pipe Layer $43.46 7A 31 Et Water ........................... King L.mdsc rre._CQnstruction, Irrigation Or Lawn Sprinkler $13.56 1 Installers King L.mdsc rre._CQnstructio.0 Landscape Equipment $28.17 1 Operators Or Truck Drivers g ,,,,,,,,,;,,,,r , ,,,, ,,; i.0.,,,, Landscaping or Planting $17.87 1 Kin I.,u,ruJsra re,Cgrrstrurtrorr, Laborers King Lathers Journey Level $52.32 5D 1H King Marble Setters, Journey Level $51.32 5A 1M King Metut„F;abrir tirrrjlrr, hr�rr,}, Fitter $15.86 1 King Mehl._E;abrication...(111 hr2rr.), Laborer $9.78 1 King Mehl._E;abrication...(111 hr2rr.), Machine Operator $13.04 1 King Met l._E;abricatir.rr.. Irr Sho r Painter $11.10 1 King Mehl._E;abrication...(111 hr2rr.), Welder $15.48 1 King Mill right, Journey Level $53.42 5D 1M King Mrriulr_F3uilrJirrgs Cabinet Assembly $11.56 1 King Mr riul r_F3uilch s Electrician $11.56 1 King Mr�riulur„F3uilrJirrgs Equipment Maintenance $11.56 1 King Mr riul r_F3uilch ag s Plumber $11.56 1 King Mr�riulur„F3uilrJirrgs Production Worker $9.40 1 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 9/8/2014 Page 7 of 17 98 King Too[ Maintenance $11.561 11 King Mr�riULaL.p ! ag ..!Ii ch s Utility Person $11.56 1 King Mr riul ch ! s Welder $11.56 1 . .. ag King P..al.ule.us. Journey Level $37.80 6Z 2B King P.J..I.e D.d..y.e.r Journey Level $52.57 5D 1M King E.I.a..s.t.e.r..e.Es Journey Level $50.42 ZQ LR King ygrr�urrrJ,,Et, Park !1J.K.).m.e.rA Journey Level $9.32 1 Installers ............................. King Journey Level $74.69 6Z 1G King 2r2 P.........me.... PPL�ILQI . g n ..0 s Asphalt Plant Operators $55.24 7A 3C 8P King Erawer..r.14 2.............1 ....................a. g men ..Or..)erator Assistant Engineer $51.77 7A 3C 8P King 2r2 L.. 14 gP..... n ..0 s Barrier Machine (zipper) $54.75 7A 3C 8P .. ....me.... 2�1�!LQI King 2r2 L.. 14 gP..... n ..0 s Batch Plant Operator, $54.75 7A 3C 8P .. ....me.... 2�1�!LQI Concrete King 2r2 P.........men.... PPL�ILQI g s Bobcat $51.77 7A 3C 8P King 2r2 g.p men ..0ertrrs. .............. p Brokk- Remote Demolition $51.77 7A 3C 8P Equipment King 2r2 gP..... s Brooms $51.77 7A 3C 8P .. ....men2�1LQI.... �! King 2r2 P.........me.... PPL�ILQI g n ..0 s Bump Cutter $54.751 ZA 3C 8P King 2r2 gP..... n ..0 s Cableways $55.24 7A 3C 8P .. ....me.... 2�1�!LQI King 2r2 P.........me.... PPL�ILQI g n ..0 s Chipper $54.75 7A 3C 8P King EK2 L..r.j&j2ment Orrertrrs Compressor $51.77 7A 3C 8P King EK2 L.. 14 gP..... n ..0 s Concrete Pump: Truck Mount $55.24 7A 3C 8P .. ....me.... 2�1�!LQI With Boom Attachment Over 42 M King EK2 gP..... s Concrete Finish Machine -laser $51.77 7A 3C 8P .. ....men2�1LQI.... �! Screed King EK2 gP..... n ..0 s Concrete Pump - Mounted Or $54.33 7A 3C 8P .. ....me.... 2�1�!LQI Trailer High Pressure Line Pump, Pump High Pressure. King EK2 gP..... n ..0 s Concrete Pump: Truck Mount $54.75 7A 3C 8P .. ....me.... 2�1�!LQI With Boom Attachment Up To 42m King EK2 P.........me.... PPL�ILQI . g n ..0 s Conveyors $54.33, 7A 3C 8P King Erawer..r.14 g2m.eril 01.).er.alo.r.a Cranes: 20 Tons Through 44 $54.75 7A 3C 8P . .......I I ... ............. Tons With Attachments King EK2 3C 8P g men ..0 s Cranes: 100 Tons Through 199 $55.79 7A ..P............. 2�1�!LQI Tons, Or 150' Of Boom (including Jib With Attachments) King EK P.....m2 en ..0 s Cranes: 200 Tons To 300 Tons, $56.36 7A 3C 8P .. ........ 2�1�!LQI Or 250' Of Boom (including Jib With Attachments) King EK2 gP..... n ..0 s Cranes: 45 Tons Through 99 $55.24 7A 3C 8P .. ....me.... 2�1�!LQI Tons, Under 150' Of Boom (including Jib With Attachments) King EK P.....m2 s Cranes: A-frame - 10 Tons And $51.77 7A 3C 8P .. ....en2�1LQI.... �! Under https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 9/8/2014 Page 8 of 17 99 King 2r2 L.. 14 men s Cranes: Friction 100 Tons $56.36 7A 3C 8P Through 199 Tons King 2r2 P..........men... PPL�Ital g s Cranes: Friction Over 200 Tons $56.92 7A 3C 8P King EK2 L..r.j&j2ment Orrertrrs Cranes: Over 300 Tons Or 300' $56.92 7A 3C 8P Of Boom (including Jib With Attachments) King EK2 L.. 14 gP..... n ..0 s Cranes: Through 19 Tons With $54.33 7A 3C 8P .. .me....... 2�1�ltal Attachments A-f rame Over 10 Tons King EK2 "iment Orrertrrs Crusher3—C PP $54.75 7A King EK2 g.p men ..0. .............. p .L�ta[s Deck Engineer/deck Winches $54.75 7A 3C 8P (power) King EK2 P......me....... PPL�Ital g n ..0 s Derricks, On Building Work $55.24 7A 3C 8P King EK2 L..r.j&j2ment Orrertrrs Dozers D-9 Ff Under $54.33 7A 3C 8P King EK2 s Drill Oilers: Auger Type, Truck $54.33 7A 3C 8P gpment 0 2� Or Crane Mount King EK2 P......me....... PPL�Ital . g n ..0 s Drilling Machine $54.75 7A 3C 8P King EK2 L..r.j&j2ment Orrertrrs Elevator And Man-lift: $51.77 7A 3C 8P Permanent And Shaft Type King EK2 gP..... n ..0 s Finishing Machine, Bidwell And $54.75 7A 3C 8P .. .me....... 2�1�ltal Gamaco Ff Similar Equipment King EK2 gP..... s Forklift: 3000 Lbs And Over $54.33 7A 3C 8P .. .me....n2�1tal... �l With Attachments King EK2 g .m.p. .eri� 02�1�ltaus. Forklifts: Under 3000 Lbs. With $51.77 7A 3C 8P . ......... ... Attachments King EK2 gP..... n ..0 s Grade Engineer: Using Blue $54.75 7A 3C 8P .. .me....... 2�1�ltal Prints, Cut Sheets, Etc King Er2 L..r.14 2.............1 ....................a. g men ..Or..)erator Gradechecker/stakeman $51.77 7A 3C 8P King EK2 gP..... s Guardrail Punch $54.75 7A 3C 8P .. .me....n2�1tal... �l King EK pme 2 g n ..0.. .............. p Hard Tail End Dump $55.24 7A 3C 8P Articulating Off- Road Equipment 45 Yards. Ff Over King EK P.....m2 en ..0 s Hard Tail End Dump $54.75 7A 3C 8P .. ........ 2�1�ltal Articulating Off-road Equipment Under 45 Yards King EK2 gP..... s Horizontal/directional Drill $54.33 7A 3C 8P .. .me....n2�1tal... �l Locator King Er2 L..r.14 g2m.eril Of..).e.r.a.t.o.r.a Horizontal/directional Drill $54.75 7A 3C 8P . .......I I ... ............. Operator King EK2 L..r.j&j2ment Orrertrrs Hydralifts/boom Trucks Over $54.33 7A 3C 8P 10 Tons King EK2 me g. . n .. s Hydralifts/boom Trucks, 10 $51.77 7A 3C 8P ..P............. 02�1�ltal Tons And Under King EK2 me g. . n .. s Loader, Overhead 8 Yards. Ff $55.79 7A 3C 8P ..P............. 02�1�ltal Over King EK2 me g. . n .. s Loader, Overhead, 6 Yards. But $55.24 7A 3C 8P ..P............. 02�1�ltal Not Including 8 Yards King EK2 g me. . n .. s Loaders, Overhead Under 6 $54.75 7A 3C 8P ..P............. 02�1�ltal Yards https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 9/8/2014 Page 9 of 17 100 King 2r2 p rn.er.it..Op .L�tq[s Loaders, Plant Feed $54.751 7A 3C I 8P King Erawer..r.14 2.............1 ....................a. g men ..Or..)erator Loaders: Elevating Type Belt $54.33 7A 3C 8P King 2r2 L.. 14 g.p men ..0ertrrs. .............. p Locomotives, All $54.75 7A 3C 8P King 2r2 P.........men.... PPL�Itql g s Material Transfer Device $54.75 7A 3C 8P King EK2 L..r.jjUi2ment Omer tr rs Mechanics, All (leadmen - $55.79 7A 3C 8P $0.50 Per Hour Over Mechanic) King EK2 s Motor Patrol Grader - Non- $54.33 7A 3C 8P . ......... ... finishing King EK2 P m......e....... P 2-C 8P _n ..O..S." Motor Patrol Graders, Finishing $55.241 ZA King EK2 s Mucking Machine, Mote, Tunnel $55.24 7A 3C 8P . ......... ... Drill, Boring, Road Header And/or Shield King Er2 L..r.14 men ..0 )erator Oil Distributors, Blower $51.77 7A 3C 8P ............. f.....................a - - - Distribution Ff Mulch Seeding Operator King EK2 s Outside Hoists (elevators And $54.33 7A 3C 8P . ......... ... Manlifts), Air Tuggers,strato King EK2 L..r.j&j2ment Omer tr rs Overhead, Bridge Type Crane: $54.75 7A 3C 8P 20 Tons Through 44 Tons King EK2 L.. 14 s Overhead, Bridge Type: 100 $55.79 7A 3C 8P . ......... ... Tons And Over King EK2 s Overhead, Bridge Type: 45 $55.24 7A 3C 8P . ......... ... Tons Through 99 Tons King EK2 L..� s Pavement Breaker $51.77 7A 3C 8P ..14 P............. n� .g men King E�2 L..r.14 Pile Driver (other Than Crane $54.75 7A 3C 8P g2m.eril O.EtM!2[a. .......I. ... Mount) King EK2 L..r.1jUi2ment Omer tr rs Plant Oiler - Asphalt, Crusher $54.33 7A 3C 8P King EK2 P......me.......� PPL�ILQI . g n ..0 s Posthole Digger, Mechanical $51.77 7A 3C 8P King Erawer..r.14 2.............1 f.....................a g men ..0 )erator Power Plant $51.77 7A 3C 8P King EK2 g.p men ..0ertrrs. .............. p Pumps - Water $51.77 7A 3C 8P King EK2 Quad 9, Hd 41, D10 And Over $55.24 7A 3C 8P King EK2 s Quick Tower - No Cab, Under $51.77 7A 3C 8P . ......... ... 100 Feet In Height Based To Boom King EK2 L..r.j&j2ment Omer tr rs Remote Control Operator On $55.24 7A 3C 8P Rubber Tired Earth Moving Equipment King EK2 s Rigger And Bellman $51.77 7A 3C 8P . ......... ... King EK2 r_.14gr......me....n�... n� ..0 Rollagon $55.24 7A LC 8_p King EK2 L..E P m.....e.....n�... n� ..0 Roller, Other Than Plant Mix $51.77 7A 3C 8P King EK2 s Roller, Plant Mix Or Multi-lift $54.33 7A 3C 8P . ......... ... Materials King EK2 L..E P m.....e........ n�n ..0 Roto-mill, Roto-grinder $54.75 7A 3C 8P King EK2 L..� P............. .......................... ..14g men ..Operators Saws - Concrete $54.33 7A 3C 8P King EK2 g.p men ..0ertrrs. .............. p Scraper, Self Propelled Under $54.75 7A 3C 8P 45 Yards King EK2 s Scrapers - Concrete Ff Carry All 3C 8P . ......... ... King Er2wer..r.14 g2m.erg 01.).er.alo.r.a Scrapers, Self-propelled: 45 3C 8P . .......I. ... ............. https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 9/8/2014 Page 10 of 17 101 Yards And Over King Erawer..r.14 2.............1 LtM!2[a . g men ..0 Service Engineers - Equipment $54.33 7A 3C 8P King 2r2 L.. 14 Shotcrete/gunite Equipment $51.77 7A 3C 8P g.p..m.eri� 02�.L�Itaus. - - -. ......... ... King 2r2 L.. 14 Shovel , Excavator, Backhoe, $54.33 7A 3C 8P g.p..m.eri� 02�.L�Itaus. - - -. ......... ... Tractors Under 15 Metric Tons. King Er2 L..r.14 $55.24 7A 3C 8P g2m.eril 01.).er.alo.r.a Shovel, Excavator, Backhoe: - -. .......I I ... ............. Over 30 Metric Tons To 50 Metric Tons King 2r2 g.pmen ..0 $54.75 7A 3C 8P . .............. p Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons King 2r2 L.. 14 $55.79 7A 3C 8P g.p..m.eri� 02�.L�Itaus. Shovel, Excavator, Backhoes: . ......... ... Over 50 Metric Tons To 90 Metric Tons King EK2 L..r.jjUi2ment Orrertrrs Shovel, Excavator, Backhoes: $56.36 7A 3C 8P Over 90 Metric Tons King EK2 ....... s Slipform Pavers $55.24 7A 3C 8P . .. ... King EK2 s Spreader, Topsider Ff $55.24 7A 3C 8P g.p..m.eri� 02�.L�Ita[ - - -. ......... ... Screedman King EK2 g me P.............� n� s Subgrader Trimmer $54.75 7A 3C n ..0 Ep King EK2 L.. 14 s Tower Bucket Elevators $54.33 7A 3C 8P g.p..m.eri� 02�.L�Ita[ - - -. ......... ... King EK2 L.. 14 g.p men ..0ertrrs. .............. p Tower Crane Over 175'in $56.36 7A 3C 8P Height, Base To Boom King EK2 s Tower Crane Up To 175' In $55.79 7A 3C 8P . ......... ... Height Base To Boom King Erawer..r.14 g2m.eril Qr..).er.a.t.ojr.a Transporters, All Track Or $55.24 7A 3C 8P . .......I I ... ............. Truck Type King EK2 L..r.j&j2ment Orrertrrs Trenching Machines $54.33 7A 3C 8P King EK2 s Truck Crane Oiler/driver - 100 $54.75 7A 3C 8P g.p..m.eri� 02�.L�Ita[ - - -. ......... ... Tons And Over King EK2 s Truck Crane Oiler/driver Under $54.33 7A 3C 8P g.p..m.eri� 02�.L�Ita[ - - -. ......... ... 100 Tons King EK2 P..........men... PpLitm Truck Mount Portable Conveyor $54.75 7A 3C 8P g King EK2 g.p men ..0ertrrs. .............. p Welder $55.24 7A 3C 8P King EK2 L..� Wheel Tractors, Farmall Type $51.77 7A 3C 8P ..14 P............. PpLitm .g men King EK2 L..r.j&j2ment Orrertrrs Yo Yo Pay Dozer $54.75 7A 3C 8P King EK2 s Asphalt Plant Operators $55.24 7A 3C 8P IJ g.p..m.eri� OPPLItaL. ......... ... r ft. Water King EK2 g.p men ..0. .............. p Assistant Engineer $51.77 7A 3C 8P IJ r ft. Water King EK2 g.p men ..0. .............. p Barrier Machine (zipper) $54.75 7A 3C 8P IJ r ft. Water King E�2 L..r.14 $54.75 7A 3C 8P g2m.eril Qr.�tLdj�a[a Batch Plant Operator, . .......I I ... r a. Water Concrete King EK2 g.p men ..0. .............. p Bobcat $51.77 7A 3C 8P !jDder King EK2 s Brokk- Remote Demolition $51.77 7A 3C 8P g.p..m.eri� 02�.L�Ita[ - - -. ......... ... Equipment King EK2 g.p men ..0. .............. p Brooms $51.77 7A 3C 8P IJrrdergrr r rt. Water https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 9/8/2014 Page 11 of 17 102 King 2r2 L.. 14 gP..... n ..0 s Bump Cutter $54.75 7A 3C 8P !IKI�ItLq .. .me....... PPL�ItQi L�2!gjrJ e r & Water King 2r2 g.p men ..0. .............. p Cableways; $55.24 7A 3C 8P r Water King 2r pme 2 g n ..0.. .............. p Chipper $54.75 7A 3C 8P r Water King 2r pme 2 g n ..0.. .............. p Compressor $51.77 7A 3C 8P IJruJergrrurrrJ„Sewer_Et,Water King 2r pme 2 g n ..0.. .............. p Concrete Pump: Truck Mount $55.24 7A 3C 8P IJruJerrouruJ Sewer Et Water With Boom Attachment Over 42 M King 2r P.....m2 s Concrete Finish Machine -laser $51.77 7A 3C 8P IJruJerrouruJ Sewer Et Water.. .e....n2�1LQI... �! Screed King 2r2 g.pmen ..0 s. .............. p .L�ILQ[ Concrete Pump - Mounted Or $54.33 7A 3C 8P IJrrdergrr r & Water Trailer High Pressure Line Pump, Pump High Pressure. King 2r P.....m2 en ..0 s Concrete Pump: Truck Mount $54.75 7A 3C 8P IJrrdergrr .. ........ PPL�ItQi r & Water With Boom Attachment Up To 42m King 2r2 gP..... n ..0 s Conveyors $54.33 7A 3C 8P .. .me....... PPL�ItQi r Water King 2r2 Cranes: 20 Tons Through 44 $54.75 7A 3C 8P IJrrdergrr r Water Tons With Attachments King 2r g 2 .p men. .............. Cranes: 100 Tons Through 199 $55.79 7A 3C 8P Tons, Or 150' Of Boom (including Jib With Attachments) King 2r2 s Cranes: 200 Tons To 300 Tons, $56.36 7A 3C 8P . ......... ... IJrrrJergrr r ft. Water Or 250' Of Boom (including Jib With Attachments) King 2r2 gP..... n ..0 s Cranes: 45 Tons Through 99 $55.24 7A 3C 8P .. .me....... 2�1�!LQ[ Tons, Under 150' Of Boom (including Jib With Attachments) King 2r2 s Cranes: A-frame - 10 Tons And $51.77 7A 3C 8P . ......... ... IJruJerrouruJ Sewer Et Water Under King 2r2 s Cranes: Friction 100 Tons $56.36 7A 3C 8P g.p..m.eri� 02�1�!LQ[ — — —. ......... ... Through 199 Tons King 2r2 g.p men ..0. .............. p Cranes: Friction Over 200 Tons $56.92 7A 3C 8P IJrrdergrr r ft. Water .............................. King 2r2 gP..... s Cranes: Over 300 Tons Or 300' $56.92 7A 3C 8P IJrrrJergrr .. .me....n2�1LQ[... �! r ft. Water Of Boom (including Jib With Attachments) King 2r2 gP..... n ..0 s Cranes: Through 19 Tons With $54.33 7A 3C 8P IJrrdergrr .. .me....... PPL�ItQi r & Water Attachments A-f rame Over 10 Tons King 2r2 ....... s Crusher $54.75 7A 3C 8P . .. ... IJrrdergrr r ft. Water King E�2 L..r.14 $54.75 7A 3C 8P g2m.eril Or.�tLdj�a[a Deck Engineer/deck Winches . .......I I ... (power) King 2r2 s Derricks, On Building Work $55.24 7A 3C 8P g.p..m.eri� OPPL�ItQi — —. ......... ... https://fortress.wa.gov/1ni/wagelookup/prvWageIookup.aspx 9/8/2014 Page 12 of 17 103 IJrrdergrr r a. Water King E�2 L..r.14 g2m.eril Qr.�tLdj�a[a Dozers D-9 Ff Under $54.33 7A 3C 8P . .......I I ... IJrrrJergrr r & Water .............................. King EK2 L..r.1jUi2ment 0 Drill Oilers: Auger Type, Truck $54.33 7A 3C 8P IJrrdergrr r &Water Or Crane Mount King EK2 L..r.14 g.p men ..0. .............. p Drilling Machine $54.75 7A 3C 8P IJ r Water King EK2 L..r.14 g.p men ..0. .............. p Elevator And Man-lift: $51.77 7A 3C 8P IJrrdergrr r & Water Permanent And Shaft Type King EK2 7A 3C 8P g.p..m.eri� OPPL�Itq[.s Finishing Machine, Bidwell And $54.75 . ......... ... r ft. Water Gamaco Ff Similar Equipment King E�2 L..r.14 $54.33 7A 3C 8P g2m.eril 01.).er.alo.r.s Forklift: 3000 Lbs And Over — —. .......I I ... .............J IJrrrJergrr r ft. Water With Attachments King EK2 L..r.1jUi2ment 0 Forklifts: Under 3000 Lbs. With $51.77 7A 3C 8P IJrrdergrr r ft. Water Attachments King EK2 g.p men ..0. .............. p Grade Engineer: Using Blue $54.75 7A 3C 8P IJrrrJerrouruJ Sewer Et Water Prints, Cut Sheets, Etc King EK2 gP..... s Gradechecker/stakeman $51.77 7A 3C 8P IJ .. ....men2�.LLQI.... �I r ft. Water King EK2 L.. 14 pme g n ..0.. .............. p Guardrail Punch $54.75 7A 3C 8P IJ r ft. Water King EK2 L.. 14 pme g n ..0.. .............. p Hard Tail End Dump $55.24 7A 3C 8P !IKICItLgLr22EIrJ r ft. Water Articulating Off- Road Equipment 45 Yards. Ff Over King EK2 . g men ..0 s Hard Tail End Dump $54.75 7A 3C 8P ..P............. 2�.L�ILQI !IKICItLgL�22EI�j r ft. Water Articulating Off-road Equipment Under 45 Yards King EK2 g men2�.LLQI s Horizontal/directional Drill $54.33 7A 3C 8P ..P............. �I r ft. Water Locator King E�2 L..r.14 g2m.eril Qr.�tLdj�a[a Horizontal/directional Drill $54.75 7A 3C 8P . .......I I ... Operator King EK2 L..r qUI�ent 0 )eLgIgLa.. Hydralifts/boom Trucks Over $54.33 7A 3C 8P IJrrdergrr r ft. Water 10 Tons King EK pme 2 g n ..0.. .............. p Hydralifts/boom Trucks, 10 $51.77 7A 3C 8P IJruJerrouruJ Sewer Et Water Tons And Under King EK2 g.p men ..0. .............. p Loader, Overhead 8 Yards. Ff $55.79 7A 3C 8P r ft. Water Over King EK2 g.p men ..0. .............. p Loader, Overhead, 6 Yards. But $55.24 7A 3C 8P r ft. Water Not Including 8 Yards .............................. King EK2 L.. 14 gP.....men ..0 s Loaders, Overhead Under 6 $54.75 7A 3C 8P IJrrdergrr .. ........ PPL�ItQi r ft. Water Yards King Er2 L..r.14 g2m.eril Qr.rtLdjra[a Loaders, Plant Feed $54.75 7A 3C 8P . .......I I ... r Et_Water King EK2 "iment 0 Loaders: Elevating Type Belt $54.33 7A 3C 8P !jDder King EK2 g.p men ..0 s. .............. p Locomotives, All $54.75 7A 3C 8P IJ r ft. Water King EK2 g.p men ..0. .............. p Material Transfer Device $54.75 7A 3C 8P IJ r ft. Water King EK pme 2 g n ..0.. .............. p Mechanics, All (leadmen - $55.79 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 9/8/2014 Page 13 of 17 104 $0.50 Per Hour Over Mechanic) King E�2 L..r.14. g men ..0 Motor Patrol Grader - Non- $54.33 7A 3C 8P .12............. !IKI�ItLgLr22EI�j r Water finishing King EK2 L..r.1jUi2ment 0 Motor Patrol Graders, Finishing $55.24 7A 3C 8P IJrrdergrr r a. Water King EK2 L.. 14 g.p men ..0. .............. p Mucking Machine, Mote, Tunnel $55.24 7A 3C 8P Drill, Boring, Road Header And/or Shield King EK2 g.p men ..0. .............. p Oil Distributors, Blower $51.77 7A 3C 8P IJrrrJerrouruJ Sewer Et Water Distribution Ff Mulch Seeding Operator King EK2 L.. 14 Outside Hoists (elevators And $54.33 7A 3C 8P IJrrrJerrouruJ Sewer Et Water g.p..m.eri� 0.2�.L�ILQUS — — —. ......... ... Manlifts), Air Tuggers,strato King EK2 gP..... n ..0PPLILQi s Overhead, Bridge Type Crane: $54.75 7A 3C 8P .. .me....... IJrrdergrr r & Water 20 Tons Through 44 Tons King EK2 $55.79 7A 3C 8P IJrrdergrr g.p..m.eri� OPPLILQUs Overhead, Bridge Type: 100 . ......... ... r a. Water Tons And Over .............................. King EK2 $55.24 7A 3C 8P IJrrdergrr g.p..m.eri� OPPLILQUs Overhead, Bridge Type: 45 . ......... ... r a. Water Tons Through 99 Tons King E�2 L..r.14 $51.77 7A 3C 8P g2m.eril 01.).e.r.a.t.o.r..s Pavement Breaker — —. .......I. ... .............J IJrrrJergrr r a. Water King EK2 L..r.1jUi2ment 0 Pile Driver (other Than Crane $54.75 7A 3C 8P I1ruJergrouruJ Sewer Et tNater Mount) King EK g 2 .p men ... .............. 0 p Plant Oiler - Asphalt, Crusher $54.33 7A 3C 8P IJrrdergrr r a. Water King EK2 g.p men ..0. .............. p Posthole Digger, Mechanical $51.77 7A 3C 8P r a. Water King EK2 g.p men ..0. .............. p Power Plant $51.77 7A 3C 8P r a. Water King E�2 L..r.14 $51.77 7A 3C 8P g2m.eril 012tM12[a.. Pumps - Water. .......I. ... r a. Water King EK2 L..r.1jUi2ment 0 Quad 9, Hd 41, D10 And Over $55.24 7A 3C 8P r a. Water King EK2 - No Cab, Under $51.77 7A 3C 8P IJrrrJerrouruJ Sewer Et Water g.pmen ..0. .............. p Quick Tower 100 Feet In Height Based To Boom King EK2 Remote Control Operator On $55.24 7A 3C 8P . ......... ... IJruJergrr r a. Water Rubber Tired Earth Moving Equipment King EK2 $51.77 7A 3C 8P IJruJergrr g.p..m.eri� OPPLILQUs Rigger And Bellman . ......... ... r a. Water King EK2 g.p men ..0. .............. p Rollagon $55.24 7A 3C 8P r a. Water King EK2 L.. 14 g.p men ..0. .............. p Roller, Other Than Plant Mix $51.77 7A 3C 8P r a. Water King EK2 g.p men ..0. .............. p Roller, Plant Mix Or Multi-lift $54.33 7A 3C 8P r a. Water Materials King Er2 L..r.14 g2m.eril Or.rtLdjra[a Roto-mill, Roto-grinder $54.75 7A 3C 8P . .......I. ... IJrrdergrr r a. Water King EK2 g.p men ..0. .............. p Saws - Concrete $54.33 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 9/8/2014 Page 14 of 17 105 IJrrdergrr r a. Water King E�2 L..r.14. g men ..0 Scraper, Self Propelled Under $54.75 7A 3C 8P .12............. LtM!2[a" — r Water 45 Yards King EK2 L..r.1jUi2ment 0 Scrapers - Concrete Ff Carry All $54.33 7A 3C 8P IJrrdergrr r Water King EK2 L..r.14 g.p men ..0. .............. p Scrapers, Self-propelled: 45 $55.24 7A 3C 8P r Water Yards And Over King EK2 L..r.14 g.p men ..0. .............. p Service Engineers - Equipment $54.33 7A 3C 8P IJrrdergrr r a. Water King EK2 g.p men ..0. .............. p Shotcrete/gunite Equipment $51.77 7A 3C 8P IJ r Water King Er2 L..r.14 men ..0 Shovel , Excavator, Backhoe, $54.33 7A 3C 8P IJrrdergrr ............. LtMIZL — — — r & Water Tractors Under 15 Metric Tons. King EK2 L..r.jjUi2ment 0 Shovel, Excavator, Backhoe: $55.24 7A 3C 8P IJrrdergrr r ft. Water Over 30 Metric Tons To 50 Metric Tons King EK2 L..r.jjUi2ment 0 Shovel, Excavator, Backhoes, $54.75 7A 3C 8P IJrrdergrr r ft. Water Tractors: 15 To 30 Metric Tons King EK2 g.pmen ..0 $55.79 7A 3C 8P . .............. p IJruJergrrurrrJ„Sewe Shovel, Excavator, Backhoes: r ft. Water Over 50 Metric Tons To 90 Metric Tons King EK2 L..r.jjUi2ment 0 Shovel, Excavator, Backhoes: $56.36 7A 3C 8P Sewer ft. Water Over 90 Metric Tons King EK g 2 .p men ... .............. 0 p $55.24 7A 3C 8P Slipform Pavers IJ r ft. Water King EK2 g.p men ..0. .............. p Spreader, Topsider Ff $55.24 7A 3C 8P r ft. Water Screedman King EK2 $54.75 7A 3C 8P IJ g.pmen ..0. .............. p Subgrader Trimmer r ft. Water King E�2 L..r.14 $54.33 7A 3C 8P g2m.eril Qr.�tLdj�a[a Tower Bucket Elevators . .......I I ... IJrrrJergrr r & Water .............................. King EK2 L..r.1jUi2ment 0 s Tower Crane Over 175-in $56.36 7A 3C 8P 'r'2KIkEmmid rl.E21tL Height, Base To Boom King EK2 s Tower Crane Up To 175' In $55.79 7A 3C 8P IJrrrJerrouruJ Sewer Et Water g.p..m.eri� OPPLILQ[. ......... ... Height Base To Boom King EK2 s g.pmen ..0. .............. p $55.24 7A 3C 8P .L�jtq[ Transporters, All Track Or r ft. Water Truck Type King EK2 L.. 14 s Trenching Machines $54.33 7A 3C 8P IJ g.p..m.eri� OPPLILQ[. ......... ... r ft. Water King EK2 L.. 14 g.p men ..0. .............. p Truck Crane Oiler/driver - 100 $54.75 7A 3C 8P r ft. Water Tons And Over King E�2 L..r.14 g2m.eril Qr.�tLdj�a[a Truck Crane Oiler/driver Under $54.33 7A 3C 8P . .......I I ... IJrrrJergrr r ft. Water 100 Tons King EK2 L..r.j&j2ment 0 Truck Mount Portable Conveyor $54.75 7A 3C 8P !jDder King EK2 s Welder $55.24 7A 3C 8P IJ g.p..m.eri� 02�LILQI. ......... ... r ft. Water King EK pme 2 g n ..0.. .............. p Wheel Tractors, Farmall Type $51.77 7A 3C 8P IJ r ft. Water King EK2 g.p men ..0. .............. p Yo Yo Pay Dozer $54.75 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 9/8/2014 Page 15 of 17 106 r a. Water g Kin Power Line Clearance Tree, Journey Level In Charge $44.86 5A 4A ... Trimmers .............................. King Power Line Clearance-as�g Spray Person $42.58 5A 4A Rower ................................. .............................. King Power Line Clearance Tree Tree Equipment Operator $44.86 5A 4A Trimmers ....................................................... .............................. King Power Line Clearance Tree Tree Trimmer $40.08 5A 4A Trimmers ....................................................... .............................. King Power Line Clearance Tree Tree Trimmer Groundperson $30.20 5A 4A Trimmers ....................................................... .............................. King Egiri Journey Level $72.46 6Z 1G King Residential Brick Mason Journey Level $51.32 5A 1M .......................................................................... King Residential..Cmjjtnters Journey Level $28.20 1 King R.e.s.i..d.e.r]1j..a.! C.2.m.e.u.t M.a.s.o.u..s. Journey Level $22.641 King D..r. .. .. ....y !I..ppljcators Journey Level $40.14 5D 1M ....................... King a I e Journey Level $52.37 5P 1 E Lit! !..Dr.y. I...Ta P rs King R.e.s.i.d.21311a.1 E.12cl..rlclaff].s. Journey Level $30.44 King R.e.s.i..d.e.r]1j..a.! Gia.Zle.r.s. Journey Level $36.20 7L 1 H King Resid,e"r,i,U"a,I I i,s,u"I,a"t,i,o,r,i Journey Level $26.28 1 �Ecators King R.e.s.i.d.21311a.1 I...a..b.2.r.e.r..s. Journey Level $23.03 1 King R.e.s.i..d.e.r]1j..a.[ M.a.r.b.1.2 S.e..Lle.r.s. Journey Level $24.09 1 King R.e.s.i..d.e.r]1j..a.! P..aiu.te.r.s Journey Level $24.46 1 King Residential Plumbers &,. Journey Level $34.69 1 P1'2 f"t t e r s........................................ King 22sidential..Refrig Journey Level $72.46 6Z 1G cor;L,4,,i..............i"'g,............... c Ii.011 ri �ni s King Residential_Sheet Metal Journey Level (Field or Shop) $42.58 7F 1 R Workers .. ....................................... .......................... King Residential Soft Journey Level $42.41 5A 3D ....................................................... King p.Linkler Fitters Journey Level $42.48 5C 211. ........................................ {Fire.Protections King Residential Stone Masons Journey Level $51.32 5A 1M .............................................................................. King Residential Terrazzo Workers Journey Level $46.96 5A 1M ........................................................................................... King Resi"de"r,i,t j"a I I"e"r,r a z"z o "e Journey Level $21.46 1 Finishers . . . .King R.e.s.i..d.e.r]1j..a.[ D.1-e S.e.tle.us. Journey Level $25.17 1 King 22212.us. Journey Level $44.71 5A 3H King Roofers Using Irritable Bituminous $47.71 5A 3H ........................ Materials King Sheet Metal Workers Journey Level (Field or Shop) $70.37 7F 1 E ................................................................ King Boilermaker $40.72 7M 1H King Shir i!cfl.r.1q..gL Llp Be2aj.r Carpenter $39.24 7T 2B King &...S.wjj.Bf2.a.jf Electrician $39.28 7T 4B King Shir i!cfl.r.1q..gL Llp Be2air Heat Ff Frost Insulator $60.93 5J is https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 9/8/2014 Page 16 of 17 107 King a...S Ijj.Bf2a i E Laborer $39.341 Z-T 4B I King Lip i d rIq .,.SWp Machinist $39.32 7T 4B ! i.. EMail King Ltbm!.d.iriq ft...Shijj.Bf2air Operator $39.22 7T 4B King hjjj.Bf2air Painter $39.31 7T 4B King Shi Pipefitter $39.22 7T 4B King Rigger $39.30 7T 4B King Lip i d rIq .,.SWp Sheet Metal $39.27 7T 4B ! i.. EMail King Ltbm!.d.iriq ft...Shijj.Bf2air Shipfitter $39.30 7T 4B King hjjj.Bf2air Trucker $39.10 7T 4B King LtbmL2!1q..a hjjjjRerrair Warehouse $39.17 7T 4B King hjjj.Bf2air Welder/Burner $39.30 7T 4B King SigL12LkLa.lLntgatim Sign Installer $22.92 1 ff..�tqri al.. . [-. I King Sirr Makers Et Installers Sign Maker $21.36 1 ff..�tqri al.. . [-. I King (2M Sign Installer $27.28 1 ............................. King (2M Sign Maker $33.25 1 fh�. i�. .1.). King llz2L..Lifty. Journey Level $42.41 5A 3D King Solar Controls For Windows Journey Level $12.44 1 ..................................................................................... King Journey Level $69.59 5C ix King Stage..Rigging 2kchg11if. ..(.N2Lj Journey Level $13.23 1 King Stone Masons Journey Level $51.32 5A 1M .......................................... King ..... I ot Journey Level $19.09 1 ...... King !EMQL� Assistant Construction Site $54.33 7A 3C 8P Surveyor King EMQL� Chainman $53.81 7A 3C 8P King nyu2m Construction Site Surveyor $55.24 7A 3C 8P King Telecom"m"u,r,i,i,c,a"tj"o"r,i Journey Level $22.76 Technicians ..................................... King Ltl2p.hQLI!2..!.IElt.foristructiori Cable Splicer $36.96 5A 2B ........................................ 0.21s.io.e. King Ltl2p.hQLI!2..!.IElt.foristructiori Hole Digger/Ground Person $20.49 5A 2B ........................................ Outside ........................ King onstruction Installer (Repairer) $35.40 5A 2B lt�22�202.11!tL........................................ Outside ........................ King 2KI Special Aparatus Installer 1 $36.96 5A 2B O.U.I.s.jo.e. King Teler Outside .de r2!j Special Apparatus Installer 11 $36.19 5A 2B ........................ King Ltl2p.hQLI!2..!.IElt.foristructiori Telephone Equipment Operator $36.96 5A 2B ..................................... 0.21s.jo.e. (Heavy) King Ltl2p.hQLI!2..!.IElt.foristructiori Telephone Equipment Operator $34.34 5A 2B ..................................... .0.21s.ioe (Light) https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 9/8/2014 Page 17 of 17 108 King Outside .de rI2K Telephone Lineperson $34.34 5A 2B ........................ King Ltl2p.hQLI!2..!.IElt.foristructiori Television Groundperson $19.45 5A 2B ........................................ Outside ........................ King Ltl2p.hQLI!2..!.IElt.foristructiori Television Lineperson/Installer $25.89 5A 2B ........................................ Outside ........................ King Ltl2p.hQLI!2..!.IElt.foristructiori Television System Technician $30.97 5A 2B ........................................ Outside ........................ King Ltl2p.hQLI!2..!.IElt.foristructiori Television Technician $27.77 5A 2B ........................................ 0.2.1s.j.d..e. King Ltl2p.hQLI!2..!.IElt.foristructiori Tree Trimmer $34.34 5A 2B ........................................ Outside ........................ King Terrazzo_ Journey Level $46.96 5A 1M ....................................................... King 1112 Setl.e.Ls Journey Level $21.651 1 1 King 1eLr.a.z.Ko Finisher $37.79 5A 1B Finishers ............................ King Traffic Control Stri Journey Level $43.11 7A 1 K ...........................................................P. King Truck Drivers Asphalt Mix Over 16 Yards (W. $48.87 5D 3A 8L .......................................... WA-Joint Council 28) King Truck Drivers Asphalt Mix To 16 Yards (W. $48.03 5D 3A 8L .......................................... WA-Joint Council 28) King Truck Drivers Dump Truck Ff Trailer $48.87 5D 3A 8L .......................................... King Truck Drivers Dump Truck (W. WA-Joint $48.03 5D 3A 8L .......................................... Council 28) King Truck Drivers Other Trucks (W. WA-Joint $48.87 5D 3A 8L Council 28) King Truck Drivers, Transit Mixer $43.23 1 King !.L[i 2 p $17.71 1 ..q2LQEj P m Irrigation Pump Installer — Installers ............................. King 2 P P rn Oiler . $12.97 1 IInstallers King Well IL11MI !.L[i.q i F.1 PUMD. lWell Driller $18.00 Installers ............................. https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 9/8/2014 109 ............................................................................................................ 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 fringe 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-HALF 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)hour 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 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 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 double 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. I. 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 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 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 Saturdays (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. 1 110 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)hours 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 hours 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. The first two(2)hours after 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 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, 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 and all work performed shall be paid at double the hourly rate of wage. Y. All hours worked outside the hours of 5:00 am 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 at one and one-half times the hourly rate of wage.All hours worked on holidays shall be paid the straight time rate of pay in addition to holiday pay. 2 111 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 hours 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. O. 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 hourly rate of wage. 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 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. On a four-day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru 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. 3. 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. 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 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)hours or more. 3 112 3. 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 day Monday through Saturday shall be paid at double the hourly wage rate. F. All hours worked on Saturday shall be paid at one and 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. H. All work performed on Sundays between March 16th and October 14th and all Holidays shall be compensated for at two(2)times the regular rate of pay. Work performed on Sundays between October 15th and March 15th shall be compensated at one and one half(1-1/2)times the regular rate of pay. I. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage.In the event the job is down due to weather conditions during a five day work week(Monday through Friday,)or a four day-ten hour work week(Tuesday through Friday,)then Saturday may be worked as a voluntary make-up day at the straight time rate. However, Saturday shall not be utilized as a make-up day when a holiday falls on Friday. 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. 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 of 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. B. All hours worked over twelve(12)hours per day and all hours worked on holidays shall be paid at double the hourly rate of wage. Holiday Codes 5. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas 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). 4 113 5. 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). H. Holidays:New Year's Day,Memorial Day,Independence Day, Thanksgiving Day,the Day after Thanksgiving Day, And Christmas(6). I. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). J. Holidays: New Year's 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, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,Friday After Thanksgiving Day,And Christmas Day(8). N. Holidays: New 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 After Thanksgiving Day, One-Half Day Before Christmas Day,And Christmas Day. (7 1/2). S. Paid Holidays: New Year'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 Year'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). 5 114 6. H. Paid Holidays: New Year's Day, New Year's Eve Day, Memorial Day, Independence Day, Labor Day, 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). 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 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. 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. E. 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 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. 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. 6 115 7. 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. J. Holidays: New Year's Day, Independence Day, Memorial 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. Any holiday which falls on a Saturday shall be observed as 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 on 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 on the preceding Friday. N. 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.When Christmas falls on a Saturday,the preceding Friday shall be observed as a holiday. 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 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).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 on 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. T. 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). If any of the listed holidays falls on a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 7 116 Note Codes 8. A. 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'-$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 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 Feet 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$1.00 per hour. L. Workers on hazmat projects receive additional hourly premiums as follows-Level A: $0.75,Level B: $0.50,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: $1.00,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 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. This classification is only effective on or after August 31, 2012. 8 117 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 West Gowe Street Kent, WA 98032-5895 Date: October 1, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: October 6, 2014 From: Bill Thomas, Street Superintendent Through: Dave Brock, Interim Operations Manager Subject: James Street Sidewalk/Street Tree Replacement — Update Item - 11 Motion: Information Only/No Motion Required Summary: Staff will provide an update on the progress of sidewalk and street tree replacement on James Street. Exhibits: None Budget Impact: Expenses for sidewalk and street tree replacement are charged to the B&O fund.