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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 08/04/2014 1 Public Works Committee Agenda �� Councilmembers: Brenda Fincher • Dana Ralph • Dennis Higgins, Chair `� KENT WASHINGTON August 4, 2014 4:00 P.m. Item Description Action Speaker Time Paae 1. Approval of Meeting Minutes for July 21, 2014 YES None 03 03 2. Latecomer Sewer Agreement 1241h Ave SE YES Mark Howlett 05 07 3. PW Agreement with Dunkin & Bush, Inc. for YES Kevin Swinford 05 09 Cleaning the Exterior of the 3.5 Million Gallon Water Tank 4. Consultant Contract with GeoEngineers for YES Paul Kuehne 05 51 Kentview Sewer Interceptor 5. Consultant Services Agreement with ESA for YES Kelly Peterson 05 53 Wetland Stream 6. Consultant Services Agreement with YES Kelly Peterson -- 71 GeoEngineers for Geological Hazard Areas 7. Interagency Agreement with Washington YES Kelly Peterson 15 87 Department of Enterprise Services - LED Street Light Replacement Grant 8. Local Option Capital Asset Lending Program - YES Kelly Peterson -- 97 LED Street Light Replacement 9. Information Only/All Things Water NO Sean Bauer 20 99 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 July 21, .2014 COMMITTEE MEMBERS PRESENT: Committee Chair, Dennis Higgins and Committee member Brenda Fincher were present. Committee member Dana Ralph had an excused absence. The meeting was called to order at 4:05 p.m. Item 1 — Approval of Meeting Minutes Dated July 7, 2014: Committee member Fincher MOVED to approve the minutes of July 7, 2014. The motion was SECONDED by Committee member Higgins and PASSED 2-0. Item 2 — Information Only/ Kent Traffic Advisories: City Engineer, Chad Bieren stated that improvements to the city's infrastructure can cause impacts to traffic and the transportation network. Lane closures only occur when necessary. In these instances, staff notifies the public via several methods including, the Kent web page, AM 1650 radio, temporary construction signage and social media. Kent staff is reviewing plans to ensure measures are in place to limit impacts to traffic for public and private projects. Construction and traffic impact information is available on the web at DriveKent.com. Significant projects this summer that will close roads in Kent include: 1) SE 2401h Street between 1441h Ave SE and 1481h Ave SE to repair a slope failure and install guard rail (4-6 weeks beginning in August into September). 2) The 2001h Street Bridge over the Green River to allow Tukwila to make repairs on the west side of the bridge (4-6 weeks beginning in August) with significant traffic expected on the 196th corridor near Orillia Road. Bieren noted numerous other ongoing projects that may have some impact on commuters. For more information go to www.DriveKent.com . Information Only/No Motion Required Item 3 — Information Only/Sound Transit Long Range Plan: Chelsea Levy from Sound Transit provided information on the Draft Supplemental Environmental Impact Statement (Draft SEIS) for the Regional Transit Long-Range Plan Update. You can access the information by following the link: www.soundtransit.org/LongRangePlan. Information Only/No Motion Required Item 4 — Consultant Services Agreement with GEI for Construction Phase Engineering for Upper Russell Road Levee: Environmental Engineer, Toby Hallock gave a brief PowerPoint presentation and a short background of the project. Hallock noted that the City hired GEI Consultants to evaluate the SR 516 to S. 231s' Way Levee, now known as the Russell Road Upper Levee. GEI determined that in order to meet FEMA Accreditation requirements, a setback levee must be built at the James Street/Russell Road Intersection. As the consultant who will prepare the reports for FEMA accreditation, GEI has specified how to build an accredited levee and will need to be onsite to make sure it is built properly. The soil under the new levee and the new levee material must be inspected to make sure it meets requirements. Hallock noted that the work done to date could not have been possible without the help of the King County Flood Control District. 1 Public Works Committee Minutes 4 July 21, .2014 Council member Fincher MOVED to recommend Council authorize the Mayor to sign a consultant services agreement with GEI Consultants, Inc. in an amount not to exceed $41,716 for engineering services on the Russell Road Upper Levee, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Committee member Higgins and PASSED 2 -0. Item 5 —Consultant Services Agreement with GeoEngineers, Inc. for the Riverview Park Riverbank Slope: Environmental Engineering Supervisor, Alex Murillo introduced Stephen Lincoln, Environmental Engineer. Lincoln noted that the top of the bank slope along the Southern portion of the Riverview Park suffered erosion damage during the heavy rainfall events of March 2014. The City has requested a scope of work and budget from GeoEngineers to provide plans and construction services for bank slope restoration and erosion control. This work is needed to protect Riverview Park from further damage. Council member Fincher MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with GeoEngineers in an amount not to exceed $32,972 to provide design and construction services for bank slope restoration at Riverview Park, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Council member Higgins and PASSED 2-0. Item 6 — WRIA 8 Interlocal Agreement - Addendum: Special Projects Manager, Kelly Peterson noted that in 2006, Kent signed an inter-local agreement (ILA) for the WRIA 8 (Lake Washington/Cedar River Watershed) to share interests and responsibilities for long- term watershed planning and conservation, funding and implementation of various activities for salmon recovery and habitat restoration. The term of the ILA is 2007-2015. Though previously eligible, the City of Woodway voted in May 2014 to join the ILA. This addendum allows the City of Woodway to join the Interlocal Agreement for the Watershed Basins within Water Resource Inventory Area 8. Council member Fincher MOVED to authorize the Mayor to sign the Addendum to the Interlocal Agreement for the Watershed Basins within Water Resource Inventory Area 8 subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Councilmember Higgins and PASSED 2 - 0. Item 7 — Cigarette Litter Reduction Grant: Conservation Coordinator, Gina Hungerford stated that the city has received a $2,000 grant from the "Keep America Beautiful"organization's Cigarette Litter Prevention Program, of which 50% is to be used to purchase cigarette litter receptacles to help reduce this litter. The plan is to use the receptacles at highly-littered bus stops on Pacific Highway and Kent-Kangley. The grant includes 200 pocket ashtrays and 200 portable ashtrays which are designed to fit into vehicle cup holders. Many new cars do not have built-in ashtrays, resulting in drivers flicking cigarette butts out of vehicles. In addition to littering, this can result in roadside fires. Bill Doolittle 412 Washington Ave North stated that the fine for throwing a cigarette from a vehicle is $1,025 and for tossing a cigarette on the ground the fine is $100. Council member Fincher MOVED to accept the Cigarette Litter Prevention Program grant from "Keep America Beautiful" in the amount of $2,000 and authorize the expenditure of funds in 2 Public Works Committee Minutes 5 July 21, .2014 accordance with the grant agreement. The motion was SECONDED by Councilmember Higgins PASSED 2 - 0. Item 8 — Consultant Services Agreement — GeoEngineers for SR 516: Construction Engineering Supervisor, Paul Kuehne noted that this is the same project that Toby Hallock discussed earlier. Kuehne stated that GeoEngineers will ensure that the soils meet all requirements. GeoEngineers has the appropriate certifications and expertise to perform these duties. City staff will perform other construction inspection and construction management duties. Council member Fincher MOVED to recommend Council authorize the Mayor to sign a consultant services agreement with GeoEngineers, in an amount not to exceed $158,236 for materials testing and inspection services related to the Upper Russell Road & James Street Levee project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Councilmember Higgins and PASSED 2 - 0. Item 9 — Contract with Aegis, Inc. — Traffic Signal Control System Replacement Proiect: Transportation Engineering Manager, Steve Mullen noted that the City's traffic signal control system was purchased in 1993 and is no longer supported by the manufacturer. Several features available in modern traffic signal controllers are not accommodated by our existing system, including flashing yellow left turn arrows. This project is first step in the phased replacement of our old system. This project includes a new traffic signal control system, and intersection controllers to be installed at approximately 24 existing intersections. Approximately 11 of those intersections will be modified (under a separate contract) to display flashing yellow left turn arrows. Traffic signal controllers will be replaced at nearby intersections to allow for continued signal coordination. Council member Fincher MOVED to recommend Council authorize the Mayor to sign a goods and services agreement with Aegis ITS, Inc. in an amount not to exceed $284,364.00 to provide hardware, software and implementation services for a replacement traffic signal management system subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Council member Higgins and PASSED 2 - 0. Item 10 - 641h Avenue S. Channel Improvements Phase II Puget Sound Energy — Facility Relocation Agreements Design Engineering Supervisor, Garrett Inouye gave an informative PowerPoint presentation regarding the 641h Avenue S Channel Improvements Phase II, facility relocation. Inouye noted that Council approved a construction contract for this project on June 17, 2014 and the City's contractor will be ready to install two box culverts in the 641h Avenue S. Channel in about six weeks. In order to complete the installation of these culverts, Puget Sound Energy (PSE) gas and electrical services to a neighboring business need to be temporarily relocated. It was originally anticipated that this work could be completed later in the project, but the contractor's sequencing requires that it be relocated now. Council member Fincher MOVED to recommend Council authorize the Mayor to sign Facility Relocation Agreements with Puget Sound Energy to relocate existing electrical and gas facilities for the 641h Avenue South Channel Improvements Project Phase II, as approved by the City Attorney and Public Works Director, and to ratify and affirm any act consistent with the authority and prior to the effective date of this authorization. The motion was SECONDED by Council member Higgins and PASSED 2 - 0. 3 Public Works Committee Minutes 6 July 21, .2014 Item 11 — Information Only/Meeker Street Underpass: Parks & Human Services Director Jeff Watling gave a brief introduction about the initial design work for the Meeker Street underpass and that Parks, Economic and Community Development and Public Works have worked collaboratively on putting a plan together. The Mayor's Office asked the interdepartmental team to look at potential capital improvements to the Meeker Street underpass. The team decided to focus on features that would improve safety, cleanliness, functionality and aesthetics, and has developed a conceptual plan that includes bike lanes. Bill Doolittle noted that when the sound wall was put in, the by-pass signs were not put back up. It was decided that signage would be discussed at another Public Works Committee meeting. No Motion Required/Information Only ADDED ITEMS: Councilmember Dennis Higgins brought up the possibility of converting to LED Lighting. It was noted that using LED lights would reduce both the cost and maintenance of our lighting system. Higgins stated that this topic is worth pursuing and asked that it be brought back to committee for a more lengthy discussion. Information Only/No Motion Required The meeting was adjourned at 6:07 p.m. Cheryl Viseth Council Committee Recorder 4 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: July 11, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: August 4, 2014 From: Mark Howlett, P.E., Design Engineering Manager Through: Chad Bieren, P.E., City Engineer Subject: 124th Avenue SE Sanitary Sewer Connection Charge Item - 2 Motion: Move to recommend Council authorize the Public Works Department to establish a sanitary sewer connection charge for property along the west side of 124th Avenue SE between SE 248th St. and SE 252"" Street subject to terms and conditions approved by the City Attorney and Public Works Director. Summary: The East Hill Operations Center site is located at the southeast corner of 124th Ave SE and SE 248th Street (See attached map). As part of the City's development of this site, the City installed all the necessary utilities including water, storm and sanitary sewer. Part of the sanitary sewer construction was a sewer extension along 124th Ave SE. A portion of this extension will also service the property on the west side of 124th Ave SE. The property is shown on the attached map and consists of five tax lots owned by one developer. This property did not participate in the original cost of the sanitary sewer. The Public Works Department desires to recoup a share of the original cost when the property owner connects to the sanitary sewer in the future. The final cost of the sewer was distributed to the properties serviced by the sewer based on acreage. The total cost of the sanitary sewer construction was $198,200. Only the south portion of the sewer will serve the property on the west side. That cost was determined to be $117,202.48 including sales tax and engineering costs. The connection charge for the property on the west side of 124th Ave SE is $56,390.45. Exhibits: None Budget Impact: At the time the property connects to the sanitary sewer, the sewer fund will receive reimbursement for previous expenditures. 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: July 15, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date August 4, 2014 From: Kevin Swinford, Water Supply Supervisor Through: Dave Brock, P.E., Interim Operations Manager Subject: Public Works Agreement with Dunkin and Bush, Inc., for Exterior Cleaning of our 3.5 Million Gallon Water Tank Item - 3 Motion: Move to recommend Council authorize the Mayor to sign a Public Works Agreement with Dunkin and Bush Inc., in an amount not to exceed $28,470.00 for exterior tank cleaning at the 3.5 million gallon reservoir, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The City of Kent Water Division operates and maintains 9 reservoirs within the City's water service area. Each tank is on a 5 year minimum rotation for inspection and cleaning or as determined by visual inspection. The 3.5 million gallon reservoir is one of our largest tanks at 126 feet and is due for exterior cleaning this year as depicted in our 2014 work Plan. Interior inspection and cleaning was completed by City staff in February. The contractor will use high lift equipment to reach the entire exterior surface of the tank. Cleaning will be performed in a manner that will prevent damage to the exterior coating. Exhibits: Dunkin and Bush Inc., Public Works Agreement Budget Impact: None-Funding for this work is included in Water's annual operating budget. 10 This page intentionally left blank. KENT PUBLIC WORKS AGREEMENT between City of Kent and Dunkin & Bush, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Dunkin & Bush, Inc. organized under the laws of the State of Washington, located and doing business at PO Box 97080, Kirkland, WA 98083, Phone: (425) 885-7064/Fax: (425) 885-3790, Contact: Nik Carlstorm (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 perform exterior tank cleaning services at the 3.5 million gallon reservoir which is located at 12533 SE 286th Place, Auburn, WA. For a description, see the Scope of Work and Contractor's quote which is attached as Exhibit A and incorporated by this reference. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, the Contractor shall complete the work described in Section I by October 31, 2014. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Twenty Eight Thousand, Four Hundred Seventy Dollars ($28,470.00), including any applicable Washington State Sales Tax, for the work and services 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 (Over$10K, under$35K, and No Performance Bond) 12 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 (Over$10K, under$35K, and No Performance Bond) 13 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 (Over$10K, under$35K, and No Performance Bond) 14 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 (Over$10K, under$35K, and No Performance Bond) 15 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. 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. 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 (Over$10K, under$35K, and No Performance Bond) 16 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 (Over$10K, under$35K, and No Performance Bond) 17 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 (Over$10K, under$35K, and No Performance Bond) 18 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: Shawn Harju Timothy J. LaPorte, P.E. Dunkin & Bush, Inc. City of Kent PO Box 97080 220 Fourth Avenue South Kirkland, WA 98083 Kent, WA 98032 (425) 885-7064 (telephone) (253) 856-5500 (telephone) (425) 885-3790 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Dunkin&Bush-3.5 Reservoir Cleaning/SW InPoN PUBLIC WORKS AGREEMENT - 8 (Over$10K, under$35K, and No Performance Bond) 19 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 20 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 zi 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 22 Scope of Work: Dunkin &Bush, Inc. will provide the labor, materials and equipment to clean the exterior surface of the City of Kent Water Departments 3.5 million gallon water tank. Cleaning will be done with high pressure water jetting in such a manner as to not damage exterior coating. If coating damage occurs contractor is prepared to repair up to 5 square feet of coating matching color to the City's satisfaction. The City of Kent will provide the following: • Note: Access to site is restricted(City will provide a key) for duration of project • Unlimited potable water will be provided • Backflow protection(R.P) will be provided 15amp electrical service will be provided Special notes: • The site offers good general access to the tank. There is good compacted gravel access 360 degrees around the tank although width narrows slightly on the south side to approx. 12 feet • Tank will remain online during cleaning so provisions shall be made by contractor to prevent over spray into vent/screen assembly • The site is gated, fenced and locked but is not monitored. It will be the contractors responsibility to remove, secure and/or lock all equipment (this includes any City provided equipment) prior to leaving the site. The City will not be responsible for any missing equipment. Restrictions: • Days of operation will be confined to those day(s) in which Public Works operates. Current schedule is a 9/80 Monday thru Friday with every other Friday off. • Hours of operation will be 7am-4pm. I 23 4100 DUNKIN & BUSH, INC. Inthistrial Contractors Since 1943 May 29, 2014 GeI—"T¢d Mr.Kevin Swinford -MENC ,e.e�„mrN Source and Supply Supervisor atm"O bw'pr Public Works Department A WBENC-Certified 220 Fourth Avenue South Business Enterprise Kent, WA 98032 RE: Pressure Wash Water Tower D&B Quote#R4158 Dear Mr. Swinford. We propose to furnish all labor, D&S equipment and supervision necessary to accomplish the work as set forth in our scope of work below and the following clarifications. Scope of work: • Access and wash 74'Dx110'H water tank in Kent, WA. • Access to tank will be from a 135' manlift. Specification: • Pressure wash all areas of exterior to SSPC SP12 (high pressure water jetting). Price: $26,000.00 Clarifications and representations: 1. Our price is valid for 30 days and excludes sales/use tax. 2. Our price is based on the local prevailing wage rate. 3. Customer to provide wash water and power. 4. Should others need to utilize the area,our price does not include contingencies for down time. 5. We would like a 2 week lead time to secure labor and materials. 6. Price includes up to 5 SF of touchup painting with specified system. Thank you for this opportunity to quote on your work. if you have any questions please call me at 425.885.7064 or email at nearlstrom(aidunkinandbush.com. Regards, Nik Carlstrom Associate Estimator Ili I CORPORATE OFFICE I Y.O.Box 97080 i Kirkland,WA 98083 i Phone 425.885.7064 , Fax 425.8853790 Kirkland, WA i Bellingham, WA i Portland, OR i Kenai, AK Bakersfield, CA I Honolulu,HI I Salt Lake City,UT 24 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 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. 25 EXHIBIT B (Continued) 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 26 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: 6/11/2014 �;�Imty 1irade J. Wa. Holiday Overtime Note: King Asbestos_Abatement_Workers, Journey Level $41.69 5D 1H King Boilermakers Journey Level $64.44 5N 1C King Brick Mason Brick And Block Finisher $43.26 5A 1M ............................. King Brick Journey Level $50.12 5A 1M King Brick Pointer-Caulker-Cleaner $50.12 5A 1M King F3uilrJirrg..Servire_E,mrrlryees Janitor $20.59 5S 2F King F3uilrJirrg..Servire_E,mrrlryees Traveling Waxer/Shampooer $21.001 5S 2F King F..g di rrg..Service_E,mrrlr2yees Window Cleaner (Non-Scaffold) $24.291 5S I 2F King Pg di rrg..Service_E,mrrlr2yees Window Cleaner (Scaffold) $25.15 5S 2F King Lgtririet__Makers_(Irr_S.hr2rr.). Journey Level $22.74 1 King Lgr rerr_ rters Acoustical Worker $50.82 5D 1M King egrrrenters Bridge, Dock And Wharf $50.82 5D 1M Carpenters King egrrrenters Carpenter $50.82 5D 1M King Lgr rerr_ rters Carpenters on Stationary Tools $50.95 5D 1M King egrrrenters Creosoted Material $50.92 5D 1M King egrrrenters Floor Finisher $50.82 5D 1M King egrrrenters Floor Layer $50.82 5D 1M King egrrrenters Scaffold Erector $50.82 5D 1M King fement_MgsQ.rs Journey Level $51.18 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 IaLt4q _W2rkers, lAssistant Engineer $53.00 5D 3F King 112Ltdqe_Workers Assistant Mate (Deckhand) $52.58 5D 3F https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/11/2014 Page 2 of 17 27 King !Lt4q E2LLtLa Boatmen $52.301 5D 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 $50.82 5D 1 H King ILY 1.1m. Journey Level $50.871 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 El.e..c.t.r.i.c.l.a..r.is M.(..)..t.oL..S.h.2P. 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 Tio, r'i................................... ........................................ King Electricians Powerline Certified Line Welder $62.50 5A 4A Corrstru c t-io, r'i................................... ........................................ King Electricians Powerline Groundperson $42.56 5A 4A F�7;'s"Tr u c Tio, r'i................................... ........................................ King Electricians Powerline Heavy Line Equipment $62.50 5A 4A .......................................................................... 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 Tio, r'i................................... ........................................ King Electricians Powerline Pole Sprayer $62.50 5A 4A F�7;'s'T'r u c t-io, r'i................................... ........................................ King Electricians Powerline Powderperson $46.55 5A 4A F�7;'s'T'r u c t-io, r'i................................... ........................................ King E..[.e..c.t.r..o..r]Jc T..e.ch.ulci.a..rls Journey Level $31.00 11 King K.I.e.Y.a.1o.r C..oD..s1r.u..c12..r.s. 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 $35.34 7A 31 King Glaziers Journey Level $53.76 7L ly .......................... King Heat a. Frost Insulators Arid Journeyman $58.93 5J is Asbesto s Workers ................................. ...................................................... King Mechanics Journey Level $69.37 7F 1E King Hod Carriers._a. Mason Tenders Journey Level $42.99 7A 31 ............... .. ... .................................................... King 111d..u.s.t.d..a.1 P.(.).w.e.r V.a..c.u..u..m. Journey Level $9.32 1 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/11/2014 Page 3 of 17 28 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 E3y Operator Remote Control ................................................. King !i Ig Grout Truck Operator $11.48 1 SewerA..YLI�IL.Sys Systems B Remote Control ................................................. King !i Ig 2 t Head Operator $24.91 1 Systems.Sewer Et Water . . . Remote Control ................................................. King !i Ig Technician $19.33 1 SewerA..YLI�IL.Sys Systems B Remote Control ................................................. King !i Ig Tv Truck Operator $20.45 1 Systems.Sewer Et Water . . . Remote Control ................................................. King . . ... ...... Journey Level $50.82 5D im . .... ... King .I..ro..n....wor.ke.rs Journeyman $59.77 7N 10 King Laborers Air, Gas Or Electric Vibrating $41.69 7A 31 ........................... Screed King Airtrac Drill Operator $42.99 7A 31 Laborers,... King Ballast Regular Machine $41.69 7A 31 Laborers,... King Laborers Batch Weighman $35.34 7A 31 ........................... King Brick Pavers $41.69 7A 31 Laborers,... King Brush Cutter $41.691 ZA 31 Laborers,... King Laborers Brush Hog Feeder $41.69 7A 31 ........................... King Burner $41.69 7A 31 Laborers,. King Caisson Worker $42.99 7A 31 Laborers,.... . .... ... King Carpenter Tender $41.69 7A 31 Laborers,. King Caulker $41.69 7A 31 Laborers,. King Laborers Cement Dumper-paving $42.46 7A 31 ........................... King Laborers Cement Finisher Tender $41.69 7A ........................... 11- 1 King L....ah.o.uor.s. Change House Or Dry Shack $41.69 7A 31 King L....ah.o.r..ef.s., Chipping Gun (under 30 Lbs.) $41.69 7A 31 King Laborers Chipping Gun(30 Lbs. And $42.46 7A 31 Over) King Laborers Choker Setter $41.69 7A 31 ........................... King Chuck Tender $41.69 7A 31 Laborers,... King Laborers Clary Power Spreader $42.46 7A 31 ........................... King Laborers Clean-up Laborer $41.69 7A 31 ........................... King Concrete Dumper/chute $42.46 7A 31 Laborers,... https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/11/2014 Page 4 of 17 29 Operator King L, h.o.ors, Concrete Form Stripper $41.69 7A 31 King Laborers, Concrete Placement Crew $42.46 7A 31 King Laborers, Concrete Saw Operator/core $42.46 7A 31 Driller King Laborers, Crusher Feeder $35.34 7A 31 King Laborers, Curing Laborer $41.69 7A 31 King Laborers, Demolition: Wrecking 8 Moving $41.69 7A 31 (incl. Charred Material) King Laborers, Ditch Digger $41.69 7A 31 King Laborers, Diver $42.99 7A 31 King Laborers, Drill Operator $42.46 7A 31 (hydraulic,diamond) King L.arorers, Dry Stack Walls $41.691 7A 31 King L.arorers Dump Person $41.691 7A 31 King L.arorers, Epoxy Technician $41.69 7A 31 King )..a rgrers Erosion Control Worker $41.69 7A 31 King Laborers, Faller 8 Bucker Chain Saw $42.46 7A 31 King Laborers, Fine Graders $41.69 7A 31 King L.a.Lrrers Firewatch $35.34 7A 31 King Laborers, Form Setter $41.69 7A 31 King LiIL um Gabian Basket Builders $41.69 7A 31 King Laborers, General Laborer $41.69 7A 31 King Laborers, Grade Checker 8 Transit $42.99 7A 31 Person King LiIL um Grinders $41.69 7A 31 King Laborers, Grout Machine Tender $41.69 7A 31 King Laborers, Groutmen (pressure)including $42.46 7A 31 Post Tension Beams King Laborers, Guardrail Erector $41.69 7A 31 King Laborers, Hazardous Waste Worker (level $42.99 7A 31 A) King Laborers, Hazardous Waste Worker (level $42.46 7A 31 B) King Laborers, Hazardous Waste Worker (level $41.69 7A 31 C) King Laborers, High Scaler $42.99 7A 31 King Laborers, Jackhammer $42.46 7A 31 King Laborers, Laserbeam Operator $42.46 7A 31 King Laborers Maintenance Person $41.69 7A 31 King Laborers, Manhole Builder-mudman $42.46 7A 31 King Laborers, Material Yard Person $41.69 7A 31 King Laborers, Motorman-dinky Locomotive $42.46 7A 31 King Laborers, Nozzleman (concrete Pump, $42.46 7A 31 Green Cutter When Using Combination Of High Pressure Air 8 Water On Concrete 8 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/11/2014 Page 5 of 17 30 Rock, Sandblast, Gunite, Shotcrete, Water Bla King Pavement Breaker $42.46 7A 31 Laborers,... ... King L....ah.quef.s. Pilot Car $35.34 7A 31 King Laborers Pipe Layer Lead $42.99 7A 31 ........................... King Laborers Pipe Layer/tailor $42.46 7A 31 ........................... King Laborers Pipe Pot Tender $42.46 7A 31 ........................... King Pipe Reliner $42.46. 7A 31 Laborers,... ... King LiILQum Pipe Wrapper $42.46 7A 31 King Pot Tender $41.69 7A 31 Laborers,... ... King Powderman $42.99 7A 31 Laborers,.... ... King Powderman's Helper $41.69 7A 31 Laborers,... ... King Power Jacks $42.46 7A 31 Laborers,... ... King Laborers Railroad Spike Puller - Power $42.46, 7A 31 ........................... King Laborers Raker - Asphalt $42.99 7A 31 ........................... King Re-timberman $42.99 7A 31 Laborers,.... ... King Laborers Remote Equipment Operator $42.46 7A 31 ........................... King Rigger/signal Person $42.46 7A 31 Laborers,... ... King Rip Rap Person $41.69 7A 31 Laborers,.... ... King Rivet Buster $42.46. 7A 31 Laborers,... ... King Rodder $42.46 7A 31 Laborers,.... ... King Scaffold Erector $41.69 7A 31 Laborers,... ... King Scale Person $41.69 7A 31 Laborers,... ... King Sloper (over 20") $42.46 7A 31 Laborers,.... ... King Sloper Sprayer $41.69 7A 31 Laborers,... ... King Laborers Spreader(concrete) $42.46 7A 31 King Stake Hopper $41.69 7A 31 Laborers,... ... King Stock Piler $41.69 7A 31 Laborers,... ... King Tamper Ff Similar Electric, Air $42.46 7A 31 Laborers,.... ... Ff Gas Operated Tools King Tamper (multiple Ff Self- $42.46 7A 31 Laborers,... ... propelled) King Laborers Timber Person - Sewer (lagger, $42.46 7A 31 ........................... Shorer Ff Cribber) King Laborers Toolroom Person (at Jobsite) $41.69 7A 31 ........................... King Topper $41.69 7A 31 Laborers,.... ... King Track Laborer $41.69 7A 31 Laborers,... ... King Laborers Track Liner (power) $42.46 7A 31 ........................... King Laborers Traffic Control Laborer $37.79 7A 31 8R King Laborers Traffic Control Supervisor $37.79 7A 31 8R ........................... King Truck Spotter $41.69 7A 31 Laborers,.... ... King Tugger Operator $42.46 7A 31 Laborers,... ... King Tunnel Work-Compressed Air $60.06 7A 31 8S Laborers,... ... Worker 0-30 psi King 1.....ah.o.ue..r.s. Tunnel Work-Compressed Air $65.09� ZA 11 jjQ https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/11/2014 Page 6 of 17 31 Worker 30.01-44.00 psi King Laborers, Tunnel Work-Compressed Air $68.77 7A 31 8S Worker 44.01-54.00 psi King Lill revs Tunnel Work-Compressed Air $74.47 7A 31 8D Worker 54.01-60.00 psi King Laborers, Tunnel Work-Compressed Air $76.59 7A 31 8S Worker 60.01-64.00 psi King Laborers, Tunnel Work-Compressed Air $81.69 7A 31 8S Worker 64.01-68.00 psi King Laborers, Tunnel Work-Compressed Air $83.59 7A 31 8S Worker 68.01-70.00 psi King Laborers, Tunnel Work-Compressed Air $85.59 7A 31 8S Worker 70.01-72.00 psi King Lill revs Tunnel Work-Compressed Air $87.59 7A 31 8D Worker 72.01-74.00 psi King i..a.Lrrers Tunnel Work-Guage and Lock $43.09 7A 31 8D Tender King Laborers, Tunnel Work-Miner $43.09 7A 31 8S King Laborers, Vibrator $42.46 7A 31 King i..a.Lrrers Vinyl Seamer $41.69 7A 31 King Laborers, Watchman $32.12 7A 31 King i..a.Lrrers Welder $42.46 7A 31 King Laborers, Well Point Laborer $42.46 7A 31 King Laborers, Window Washer/cleaner $32.12 7A 31 King L.a rers..::.llnrJerground Sewer General Laborer 8 Topman $41.69 7A 31 Ct Water -.......................... King L.avers..::._IJrrrJergrrurrrJ._Sewer Pipe Layer $42.46 7A 31 Ct Water ........................... King i..andsc rre._CQnstruction, Irrigation Or Lawn Sprinkler $13.56 1 Installers King i..andsc rre._CQnstruction, Landscape Equipment $28.17 1 Operators Or Truck Drivers g ,,,,,,,,,;,,,,r , ,,,, ,,; i.0.,,,, Landscaping or Planting $17.87 1 Kin I.,a,ruJsra re,Cgrrstrurtrorr, Laborers King Lathers, Journey Level $50.82 5D 1H King Marble..Setters, Journey Level $50.12 5A 1M King Metat„F;airir tirrrjlrr, hr�rr,}, Fitter $15.86 1 King Mehl._F; rication...(111 hr2rr.), Laborer $9.78 1 King Mehl._F;utric tirrr._(Irr_ hrr.), Machine Operator $13.04 1 King Metal._E;airricatir.rr.. Iry Sho r Painter $11.10 1 King Mehl._E; rication...(111 hr2rr.), Welder $15.48 1 King Mill right, Journey Level $51.92 5D 1M King Mrriular_F3uilrJirrgs Cabinet Assembly $11.56 1 King Mrriular_F3uiI irr.s Electrician $11.56 1 King Mr�riular„F3uiI irr.a Equipment Maintenance $11.56 1 King Mrriular_F3uiI irr.s Plumber $11.56 1 King Mr�riular„F3uiI irrgs Production Worker $9.40 1 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/11/2014 Page 7 of 17 32 King d EIg 1 i .� Too[Maintenance $11.561 1 King d LIg I i .a Utility Person $11.56 1 King Mr riul d EIg I i Welder $11.56 1 King Painters Journey Level $37.80 6Z 2B .......................... King P..J.I.e D.d..y.e.r Journey Level $51.07 5D 1M King P.1a..s.t.e.r..e..r.s Journey Level $49.29 Z_Q LR King E12y.q !1J.K.).m.e.rA Journey Level $9.32 1 lrn.la..Ile.us. .............. King Journey Level $73.69 6Z 1G King 2r2 gp..m.e.r.iL.Qp.......... .L�jg[s Asphalt Plant Operators $53.49 7A 3C 8P King Erawer..r.14 2.............L f........................ . g men .0 )erators Assistant Engineer $50.22 7A 3C 8P King 2r2 L.. 14 g men .0 tors Barrier Machine (zipper) $53.00 7A 3C 8P ..P.............L PPL�I............ King 2r2 L.. 14 g.pmen .0 tor. ..............L p..pL�j Batch Plant Operator, $53.00 7A 3C 8P Concrete King 2r2 gp..m.e.r.iL.Op tor.......... Bobcat $50.22 7A 3C 8P King 2r2 gp me nL Operators Brokk - Remote Demolition $50.22 7A 3C 8P ................. Equipment King 2r pme 2 g L. n .0p tor. .............. Brooms $50.22 7A 3C 8P King 2r2 gp..m.e.r.iL.Op.......... .L�jg[s Bump Cutter $53.00 7A 3C 8P King 2r pme 2 g L. n0.. .............. p .L�jg[s Cableways $53.49 7A 3C 8P King 2r2 p g rn.er.iL.Op tor..L�j Chipper $53.00 7A 3C 8P King EK2 L±IjUj2ment 0 Compressor 7A 3C 8P .j.IgLg:LgL� $50.22 King EK2 L.. 14 g men .0 tors Concrete Pump: Truck Mount $53.49 7A 3C 8P ..P.............L PPL�I............ With Boom Attachment Over 42 M King EK2 g.pmen .0 tor. ..............L p..pL�j Concrete Finish Machine -laser $50.22 7A 3C 8P Screed King EK2 g.pmen .0 tor p $52.58 7A 3C 8P ..pL�j Concrete Pump Mounted Or Trailer High Pressure Line Pump, Pump High Pressure. King EK2 g.pmen .0 tor. ..............L p..pL�j Concrete Pump: Truck Mount $53.00 7A 3C 8P With Boom Attachment Up To 42m King EK2 gp.m. .e.rOp..L�j.iL. tor.......... .p Conveyors $52.58, 7A 3C 8P King Erg L..r.14 Cranes: 20 Tons Through 44 $53.00 7A 3C 8P . .g.2.m.e.r.iL..O.f..).e.r.a.lo.r..s.. .......I. ... ....... Tons With Attachments King EK2 g $54.04 7A g.pmen .0 tor. ..............L p Cranes: 100 Tons Through 199 3C 8P Tons, Or 150' Of Boom (including Jib With Attachments) King EK g 2 .p menL.0p tor. .............. Cranes: 200 Tons To 300 Tons, $54.61 7A 3C 8P Or 250' Of Boom (including Jib With Attachments) King EK2 L.. 14 pme g L. n .0p tor. .............. Cranes: 45 Tons Through 99 $53.49 7A 3C 8P Tons, Under 150' Of Boom (including Jib With Attachments) King EK g 2 .p menL.0p tor. .............. Cranes: A-frame - 10 Tons And $50.22 7A 3C 8P Under https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/11/2014 Page 8 of 17 33 King 2r2 L.. 14 g men .0 tors Cranes: Friction 100 Tons $54.61 7A 3C 8P ..P.............L PPL�l............ Through 199 Tons King 2r2 gPm.en...L PPL tors Cranes: Friction Over 200 Tons $55.17 7A 3C 8P King EK2 L..r.1jUi2ment Omer tr rs Cranes: Over 300 Tons Or 300' $55.17 7A 3C 8P Of Boom (including Jib With Attachments) King EK2 L.. 14 g.pmen .0 tor. ..............L p..pL�j Cranes: Through 19 Tons With $52.58 7A 3C 8P Attachments A-frame Over 10 Tons King EK2 L..r.1jUi2ment Orrertrrs Crusher3-C VP $53.00 7A King EK2 gp me n Operators Deck Engineer/deck Winches $53.00 7A 3C 8P ................. (power) King EK2 gp..m.er.iL.Op tor.......... .L�j Derricks, On Building Work $53.49 7A 3C 8P King EK2 L..r.1jUi2ment Orrertrrs Dozers D-9 Ff Under $52.58 7A 3C 8P King EK2 tors Drill Oilers: Auger Type, Truck $52.58 7A 3C 8P gpmentO 'L�!............2� Or Crane Mount King EK2 gp.m. .er.iL.Op tor.......... .L�j Drilling Machine $53.00 7A 3C 8P King EK2 L..r.1jUi2ment Orrertrrs Elevator And Man-lift: $50.22 7A 3C 8P Permanent And Shaft Type King EK2 g.pmen .0 tor. ..............L p..pL�j Finishing Machine, Bidwell And $53.00 7A 3C 8P Gamaco Ff Similar Equipment King EK g 2 .p menL.0p tor. .............. Forklift: 3000 Lbs And Over $52.58 7A 3C 8P With Attachments King EK pme 2 g L. n .0p tor. .............. Forklifts: Under 3000 Lbs. With $50.22 7A 3C 8P Attachments King EK2 g.pmen .0 tor. ..............L p..pL�j Grade Engineer: Using Blue $53.00 7A 3C 8P Prints, Cut Sheets, Etc King Er2 L..r $50.22 7A 3C 8P ..14 2.............L K............1 g men .0 )era ors Gradechecker/stakeman King EK2 g men .0 tors Guardrail Punch $53.00 7A 3C 8P ..P.............L PPL�l............ King EK2 Hard Tail End Dump g men .0 tors $53.49 7A 3C 8P ..P.............L PPL�l............ Articulating Off- Road Equipment 45 Yards. Ff Over King EK2 g.pmen .0 tor. ..............L p..pL�j Hard Tail End Dump $53.00 7A 3C 8P Articulating Off-road Equipment Under 45 Yards King EK2 g.pmen .0 tor. ..............L p..pL�j Horizontal/directional Drill $52.58 7A 3C 8P Locator King Erawer..r.14 men .0 )era ors Horizontal/directional Drill $53.00 7A 3C 8P ............. f............1 1 - - - Operator King EK2 L..r.1jUi2ment Omer tr rs Hydralifts/boom Trucks Over $52.58 7A 3C 8P 10 Tons King EK2 g.pmen .0 tor. ..............L p..pL�j Hydralifts/boom Trucks, 10 $50.22 7A 3C 8P Tons And Under King EK g 2 .p menL.0p tor. .............. Loader, Overhead 8 Yards. Ff $54.04 7A 3C 8P Over King EK ip meL 2 j� n .0p tor. .............. Loader, Overhead, 6 Yards. But $53.49 7A 3C 8P Not Including 8 Yards King EK g 2 .p menL.0p tor. .............. Loaders, Overhead Under 6 $53.00 7A 3C 8P Yards https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/11/2014 Page 9 of 17 34 King 2r2 P......me.......L PPL�l . g n .0 tors Loaders, Plant Feed $53.001 7A 3C I 8P King Er2 L..r.14 2.............L f............1 . g men .0 )era ors Loaders: Elevating Type Belt $52.58 7A 3C 8P King 2r2 L.. 14 g.p menL0. ertrrs. .............. p Locomotives, All $53.00 7A 3C 8P King 2r2 gPm.en...L PPL tors Material Transfer Device $53.00 7A 3C 8P King EK2 L..r qUI�en t 0 )eLg:LgLs Mechanics, All (leadmen - $54.04 7A 3C 8P $0.50 Per Hour Over Mechanic) King EK2 g.pmen .0 tor. ..............L p..pL�j Motor Patrol Grader - Non- $52.58 7A 3C 8P finishing King EK2 P m.....e.....nL.0 PPL tors Motor P ... �l atrol Graders, Finishing $53.491 ZA ic- I 8_p King EK2 g.pmen .0 tor 7A 3C 8P . ..............L p..pL�j Mucking Machine, Mole, Tunnel $53.49 Drill, Boring, Road Header And/or Shield King Er2 L..r.14 $50.22 7A 3C 8P g.2.m.e.r.iL..O.f..).e.r.a.lo.r..s. Oil Distributors, Blower . .......I I ... ....... Distribution Ff Mulch Seeding Operator King EK2 g.pmen .0 tor. ..............L p..pL�j Outside Hoists (elevators And $52.58 7A 3C 8P Manlifts), Air Tuggers,strato King EK2 L..r.1jUi2ment Or2er tr2rs Overhead, Bridge Type Crane: $53.00 7A 3C 8P 20 Tons Through 44 Tons King EK2 L.. 14 g.pmen .0 tor. ..............L p..pL�j Overhead, Bridge Type: 100 $54.04 7A 3C 8P Tons And Over King EK2 juipmen .0 tor. ..............L p..pL�j Overhead, Bridge Type: 45 $53.49 7A 3C 8P Tons Through 99 Tons King EK2 gp..m.e.r.iL.Opertrrs Pavement Breaker $50.22 7A 3C 8P King Er2 L..r.14 7A 3C 8P g.2.m.e.r1..0.f2tM!Q[a Pile Driver (other Than Crane $53.00 . .......I I ... Mount) King EK2 L..r.1jUi2ment Or2er tr2rs Plant Oiler - Asphalt, Crusher $52.58 7A 3C 8P King EK2 p g rn.er.iL.Op tor $50.22 7A 3C 8P ..L�j Posthole Digger, Mechanical King Er2 L..r.14 2.............L f............1 g men .0 )era ors Power Plant $50.22 7A 3C 8P King EK2 pme g L. n0.. .............. p Pumps - Water $50.22 7A 3C 8P King EK2 juip.n!eDL.Qpertrrs Quad 9, Hd4l, D10And Over $53.49 7A 3C 8P King EK2 3C 8P g.pmen .0 tor - No Cab, Under. ..............L p..pL�j Quick Tower $50.22 7A 100 Feet In Height Based To Boom King EK2 L..r.1jUi_Rment 0j.1gLg:LgL Remote Control Operator On $53.49 7A 3C 8P Rubber Tired Earth Moving Equipment King EK2 g.pmen .0 tor. ..............L p..pL�j Rigger And Bellman $50.22 7A 3C 8P King EK2 gp.m. .e.rOp..L�j.iL. tor.......... .p Rollagon $53.49 7A LC 8_p King EK2 gp.m. .e.rOp p.iL. tor.......... . Roller, Other Than Plant Mix $50.22 7A 3C 8P King EK2 g.p menL.0p tor. .............. Roller, Plant Mix Or Multi-lift $52.58 7A 3C 8P Materials King EK2 gp..m.e.rOp..L�j.iL. tor.......... .p Roto-mill, Roto-grinder $53.00 7A 3C 8P King EK2 gPm.en...L Operators Saws - Concrete $52.58 7A 3C 8P King EK2 pme g L. n0.. .............. p Scraper, Self Propelled Under $53.00 7A 3C 8P 45 Yards King EK2 g.pmen .0 tor. ..............L p Ff Carry $52.58 7A 3C 8P ..pL�j Scrapers - Concrete All King F r2wer..r.14 ui men .0 )era s Scrapers, Self-propelled: 45 $53.49 7A 3C 8P .12.............L f............!Q[ - - - https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/11/2014 Page 10 of 17 35 Yards And Over King Erawer..r.14 2.............L f2tMIQLa . g men .0 Service Engineers - Equipment $52.58 7A 3C 8P King 2r2 L.. 14 $50.22 7A 3C 8P g.pmen .0 tor. ..............L p..pL�j Shotcrete/gunite Equipment King 2r2 L.. 14 $52.58 7A 3C 8P g.pmen .0 tor. ..............L p Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons. King Er2 L..r.14 Shovel, Excavator, Backhoe:men .0 )era s $53.49 7A 3C 8P ............. f............!Q[ - - - Over 30 Metric Tons To 50 Metric Tons King 2r2 $53.00 7A 3C 8P g.pmen .0. ..............L p Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons King 2r2 L.. 14 $54.04 7A 3C 8P g.pmen .0 tor. ..............L p Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons King EK2 L..r.jjUi2ment Orrertrrs Shovel, Excavator, Backhoes: $54.61 7A 3C 8P Over 90 Metric Tons King EK2 g.pmen .0 tor. ..............L p..pL�j Slipform Pavers $53.49 7A 3C 8P King EK2 g.pmen .0 tor. ..............L p..pL�j Spreader, Topsider Ff $53.49 7A 3C 8P Screedman King EK2 P.............L 2�1�1 Subgrader Trimmer Ep g men .0 tor $53.00 7A 3C King EK2 L.. 14 g.p menL.0p tor. .............. Tower Bucket Elevators $52.58 7A 3C 8P King EK2 $54.61 7A 3C 8P g men Operators Tower Crane Over 175'in..p............... Height, Base To Boom King EK2 g.pmen .0 tor. ..............L p..pL�j Tower Crane Up To 175' In $54.04 7A 3C 8P Height Base To Boom King Er2 rawer $53.49 7A 3C 8P Transporters, All Track Or . .......I I ... ....... Truck Type King EK2 L..r.1jUi2ment Orrertrrs Trenching Machines $52.58 7A 3C 8P King EK g 2 .p menL.0p tor. .............. Truck Crane Oiler/driver - 100 $53.00 7A 3C 8P Tons And Over King EK g 2 .p menL.0p tor. .............. Truck Crane Oiler/driver Under $52.58 7A 3C 8P 100 Tons King EK2 gp.m. .er.iL.Op.......... ertrrs Truck Mount Portable Conveyor $53.00 7A 3C 8P King EK g 2 .p menL0. ertrrs. .............. p Welder $53.49 7A 3C 8P King EK2 p $50.22 7A 3C 8P g rn.er.iL.Op Wheel Tractors, Farmall Type King EK2 L..r.1jUi2ment Orrertrrs Yo Yo Pay Dozer $53.00 7A 3C 8P King EK2 gP..... nL.0 PPL tors:., Asphalt Plant Operators $53.49 7A 3C 8P IJ .. .me....... �l r ft. Water King EK g 2 .p menL0.. .............. p Assistant Engineer $50.22 7A 3C 8P IJ r ft. Water King EK g 2 .p menL0.. .............. p Barrier Machine (zipper) $53.00 7A 3C 8P IJ r ft. Water King E�2 L..r.14 $53.00 7A 3C 8P g2m.erl.Qr.�tLdj�j[a Batch Plant Operator, . .......I I ... r a. Water Concrete King EK g 2 .p menL0.. .............. p Bobcat $50.22 7A 3C 8P !jDder King EK g 2 .p menL0.. .............. p Brokk - Remote Demolition $50.22 7A 3C 8P Equipment King EK g 2 .p men. ..............L.Qp Brooms $50.22 7A 3C 8P IJrrdergrr r rt. Water https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/11/2014 Page 11 of 17 36 King 2r2 L.. 14 gP..... nL.0 tors:., Bump Cutter $53.00 7A 3C 8P IJrrderg .. .me....... PPL�I L�2!gjd.. e r a. Water King 2r2 L.. 14 g.p menL0.. .............. p Cableways $53.49 7A 3C 8P IJ r ft. Water King 2r pme 2 g L. n0.. .............. p Chipper $53.00 7A 3C 8P IJ r ft. Water King 2r pme 2 g L. n0.. .............. p Compressor $50.22 7A 3C 8P IJruJergrrurrrJ„Sewer_Et,Water King 2r g 2 .p menL0.. .............. p Concrete Pump: Truck Mount $53.49 7A 3C 8P IJruJerrouruJ Sewer Et Water With Boom Attachment Over 42 M King 2r2 men .0orators:., Concrete Finish Machine -laser $50.22 7A 3C 8P I1ruJerrouruJ Sewer Et tNater..P.............L P . Screed King 2r g 2 .p menL0.. .............. p Concrete Pump - Mounted Or $52.58 7A 3C 8P r ft. Water Trailer High Pressure Line Pump, Pump High Pressure. King 2r2 men .0orators:., Concrete Pump: Truck Mount $53.00 7A 3C 8P IJrrdergrr ..P.............L P . r ft. Water With Boom Attachment Up To 42m King 2r2 gP..... nL Porators:., .0Conveyors $52.58 7A 3C 8P .. .me....... IJrrdergrr r ft. Water King 2r2 Cranes: 20 Tons Through 44 $53.00 7A 3C 8P r ft. Water Tons With Attachments King 2r2 L.. 14 g.p men. .............. Cranes: 100 Tons Through 199 $54.04 7A 3C 8P Tons, Or 150' Of Boom (including Jib With Attachments) King 2r2 men .0orators:., Cranes: 200 Tons To 300 Tons, $54.61 7A 3C 8P IJrrrJergrr ..P.............L P . r ft. Water Or 250' Of Boom (including Jib With Attachments) King 2r2 g men .0orators:., Cranes: 45 Tons Through 99 $53.49 7A 3C 8P ..P.............L P . Tons, Under 150' Of Boom (including Jib With Attachments) King 2r2 men .0orators:., Cranes: A-frame - 10 Tons And $50.22 7A 3C 8P I1ruJerrourrrJ Sewer Et tNater..P.............L P . Under King 2r g 2 .p menL0.. .............. p Cranes: Friction 100 Tons $54.61 7A 3C 8P Through 199 Tons King 2r g 2 .p menL0.. .............. p Cranes: Friction Over 200 Tons $55.17 7A 3C 8P IJ r ft. Water .............................. King 2r2 g men .0orators:., Cranes: Over 300 Tons Or 300' $55.17 7A 3C 8P IJrrrJergrr ..P.............L P . r ft. Water Of Boom (including Jib With Attachments) King 2r2 . g men .0orators:., Cranes: Through 19 Tons With $52.58 7A 3C 8P IJrrdergrr ..P.............L P . r ft. Water Attachments A-frame Over 10 Tons King 2r2 g men .0orators:., Crusher $53.00 7A 3C 8P IJrrdergrr ..P.............L P . r ft. Water King E�2 L..r.14 g2m.er]LO.r.�tLdIqLa Deck Engineer/deck Winches $53.00 7A 3C 8P . .......I I ... (power) King 2o . g Operators:., Derricks, On Building Work $53.49 7A 3C 8P ..P......me....n...L — — https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/11/2014 Page 12 of 17 37 IJrrdergrr r a. Water King E�2 L..r.14 g2m.erl..Q.r.�tLdj�j[a Dozers D-9 Ff Under $52.58 7A 3C 8P . .......I I ... IJrrrJergrr r & Water .............................. King EK2 "iment 0 Drill Oilers: Auger Type, Truck $52.58 7A 3C 8P IJrrdergrr r &Water Or Crane Mount King EK2 L..r.14 g.p menL0.. .............. p Drilling Machine $53.00 7A 3C 8P IJrrdergrr r & Water King EK2 L..r.14 g.p men .0. .............. p Elevator And Man-lift: $50.22 7A 3C 8P IJrrdergrr r & Water Permanent And Shaft Type King EK2 e, Bidwell And $53.00 7A 3C 8P Finishing Machin . ......... ... r ft. Water Gamaco Ff Similar Equipment King E�2 L..r.14 $52.58 7A 3C 8P 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 $50.22 7A 3C 8P IJrrdergrr r ft. Water Attachments King EK g 2 .p menL0.. .............. p Grade Engineer: Using Blue $53.00 7A 3C 8P IJrrrJerrourrrJ Sewer Et Water Prints, Cut Sheets, Etc King EK2 g men .0 tors:., Gradechecker/stakeman $50.22 7A 3C 8P IJrrdergrr ..P.............L PPL�l ... r ft. Water King EK2 L.. 14 pme g L. n0.. .............. p Guardrail Punch $53.00 7A 3C 8P IJ r ft. Water King EK2 L.. 14 pme g L. n0.. .............. p Hard Tail End Dump $53.49 7A 3C 8P !IKICItLgLr22EICI.. e r ft. Water Articulating Off- Road Equipment 45 Yards. Ff Over King EK2 . g men .0 tors:., Hard Tail End Dump $53.00 7A 3C 8P ..P.............L PPL�l ... !IKICItLgL�22EICI.. e r ft. Water Articulating Off-road Equipment Under 45 Yards King EK2 g men .0 tors:., Horizontal/directional Drill $52.58 7A 3C 8P IJrrdergrr ..P.............L PPL�l ... r ft. Water Locator King E�2 L..r.14 g2m.erl..Q.r.�tLdj�j[a Horizontal/directional Drill $53.00 7A 3C 8P . .......I I ... Operator King EK2 L±IjUj2ment Qj.jgLgLgLa.. Hydralifts/boom Trucks Over $52.58 7A 3C 8P IJrrdergrr r ft. Water 10 Tons King EK pme 2 g L. n0.. .............. p Hydralifts/boom Trucks, 10 $50.22 7A 3C 8P IJruJerrourrrJ Sewer Et Water Tons And Under King EK g 2 .p menL0.. .............. p Loader, Overhead 8 Yards. Ff $54.04 7A 3C 8P r ft. Water Over King EK g 2 .p menL0.. .............. p Loader, Overhead, 6 Yards. But $53.49 7A 3C 8P r ft. Water Not Including 8 Yards .............................. King EK2 L.. 14 gP.....menL.0 tors:., Loaders, Overhead Under 6 $53.00 7A 3C 8P IJrrdergrr .. ........ PPL�l r ft. Water Yards King Er2 L..r.14 g2m.erl..Q.r.rtLdj�j[a Loaders, Plant Feed $53.00 7A 3C 8P . .......I I ... r Et_Water King EK2 L..r.1jUi2ment 0 Loaders: Elevating Type Belt $52.58 7A 3C 8P !jDder King EK g 2 .p menL0.. .............. p Locomotives, All $53.00 7A 3C 8P IJ r ft. Water King EK g 2 .p menL0.. .............. p Material Transfer Device $53.00 7A 3C 8P IJ r ft. Water King EK pme 2 g L. n0.. .............. p Mechanics, All (leadmen - $54.04 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/11/2014 Page 13 of 17 38 $0.50 Per Hour Over Mechanic) King E�2 L..r.14 ui men .0 Motor Patrol Grader - Non- $52.58 7A 3C 8P ............. IJrrrJergrr r & Water finishing King EK2 L..r qUI�ent 0 )eLg:Lgrs Motor Patrol Graders, Finishing $53.49 7A 3C 8P IJrrdergrr r &Water King EK2 L.. 14 g.p menL0.. .............. p Mucking Machine, Mole, Tunnel $53.49 7A 3C 8P Drill, Boring, Road Header And/or Shield King EK2 ....... Oil Distributors, Blower $50.22 7A 3C 8P . .. ... IJrrrJerrouruJ Sewer Et Water Distribution Ff Mulch Seeding Operator King EK2 L.. 14 Outside Hoists (elevators And $52.58 7A 3C 8P IJrrrJerrouruJ Sewer Et Water g.p..m.er]LO.PPL�11o.r..s . ......... ... Manlifts), Air Tuggers,strato King EK2 e Type Crane: 7A 3C 8P IJrrdergrr Overhead, Bridge $53.00 . ......... ... r a. Water 20 Tons Through 44 Tons King EK2 e Type: 100 $54.04 7A 3C 8P IJrrdergrr Overhead, Bridge. ......... ... r a. Water Tons And Over .............................. King EK2 gP..... nL.0 tors:., Overhead, Bridge Type: 45 $53.49 7A 3C 8P IJrrdergrr .. .me....... PPL�l r &Water Tons Through 99 Tons King E�2 L..r.14. g men .0 )erators Pavement Breaker $50.22 7A 3C 8P .12............. f.......................... r a. Water King EK2 "iment 0 Pile Driver (other Than Crane $53.00 7A 3C 8P I1ruJergrourrrJ Sewer Et tNater Mount) King EK g 2 .p meat 0.. .............. p Plant Oiler - Asphalt, Crusher $52.58 7A 3C 8P IJrrdergrr r a. Water King EK2 g.pmen .0 $50.22 7A 3C 8P . ..............L p Posthole Digger, Mechanical r a. Water King EK pme 2 g L. n0.. .............. p Power Plant $50.22 7A 3C 8P r a. Water King E�2 L..r.14 $50.22 7A 3C 8P g.2.m.e.r1..0.f2tM!2[a.. Pumps - Water Water . .......I. ... r a. Water King EK2 L..r.1jUi2ment 0 Quad 9, Hd 41, D10 And Over $53.49 7A 3C 8P IJrrdergrr r ft. Water King EK g 2 .p menL0.. .............. p Quick Tower - No Cab, Under $50.22 7A 3C 8P IJrrrJerrouruJ Sewer Et Water 100 Feet In Height Based To Boom King EK2 men .0orators:., Remote Control Operator On $53.49 7A 3C 8P IJruJergrr ..P.............L P ... r a. Water Rubber Tired Earth Moving Equipment King EK2 gP..... nL Porators:., .0Rigger And Bellman $50.22 7A 3C 8P .. .me....... r a. Water King EK2 L.. 14 g.p menL0.. .............. p Rollagon $53.49 7A 3C 8P r a. Water King EK2 L.. 14 g.p menL0.. .............. p Roller, Other Than Plant Mix $50.22 7A 3C 8P r a. Water King EK g 2 .p menL0.. .............. p Roller, Plant Mix Or Multi-lift $52.58 7A 3C 8P r a. Water Materials King Er2 L..r.14 g2m.erl..Q.r.rtLdj�j[a Roto-mill, Roto-grinder $53.00 7A 3C 8P . .......I. ... IJrrdergrr r a. Water King EK g 2 .p menL0.. .............. p Saws - Concrete $52.58 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/11/2014 Page 14 of 17 39 r a. Water King E�2 L..r.14 ui men .0 Scraper, Self Propelled Under $53.00 7A 3C 8P ............. LtM!2[a" - r & Water 45 Yards King EK2 L±IjUj2ment Qj.jgLg:LgLa.. Scrapers - Concrete 8Carry All $52.58 7A 3C 8P IJr2dergrr2urrrJ..Sewer_Water King EK2 L..r.14 g.p menL0.. .............. p Scrapers, Self-propelled: 45 $53.49 7A 3C 8P r Water Yards And Over King EK2 L..r.14 g.p menL0.. .............. p Service Engineers - Equipment $52.58 7A 3C 8P r a. Water King EK2 g.pmen .0 $50.22 7A 3C 8P IJ . ..............L p Shotcrete/gunite Equipment r ft. Water King Er2 L..r.14 $52.58 7A 3C 8P g.2.m.er]LQ.f2tM!2[a.. Shovel , Excavator, Backhoe, . .......I I ... r Et_Water Tractors Under 15 Metric Tons. King EK2 L±IjUi2ment Qj.jgLg:LgLa.. Shovel, Excavator, Backhoe: $53.49 7A 3C 8P r ft. Water Over 30 Metric Tons To 50 Metric Tons King EK2 L±IjUi2ment 0 Shovel, Excavator, Backhoes, $53.00 7A 3C 8P r ft. Water Tractors: 15 To 30 Metric Tons King EK2 $54.04 7A 3C 8P g.pmen .0. ..............L p Shovel, Excavator, Backhoes: r ft. Water Over 50 Metric Tons To 90 Metric Tons King EK2 L±IjUi2ment Qj.jgLgLgLa.. Shovel, Excavator, Backhoes: $54.61 7A 3C 8P Sewer ft. Water Over 90 Metric Tons King EK2 g.p meat 0.. .............. p Slipform Pavers $53.49 7A 3C 8P IJ r ft. Water King EK2 g.p menL0.. .............. p Spreader, Topsider Ff $53.49 7A 3C 8P r ft. Water Screedman King EK2 g.p menL0.. .............. p Subgrader Trimmer $53.00 7A 3C 8P IJ r ft. Water King E�2 L..r.14 g2m.erl.Qr.�tLdj�j[a Tower Bucket Elevators $52.58 7A 3C 8P . .......I I ... r & Water .............................. King EK2 L..r.1jUi2ment 0 Tower Crane Over 175'in 'r's" $54.61 7A 3C 8P !LkLqmmi.Sewer_ ..V 2jtL Height, Base To Boom King EK2 g.p menL0.. .............. p Tower Crane Up To 175' In $54.04 7A 3C 8P IJrrrJerrourrrJ Sewer Et Water Height Base To Boom King EK2 g.p menL0.. .............. p Transporters, All Track Or $53.49 7A 3C 8P r Water Truck Type King EK2 L..L4.9 menL Porators:., .0Trenching Machines $52.58 7A 3C 8P ..P............. r ft. Water King EK2 L.. 14 g.p menL0.. .............. p Truck Crane Oiler/driver - 100 $53.00 7A 3C 8P r ft. Water Tons And Over King E�2 L..r.14 g2m.erl.Qr.�tLdj�j[a Truck Crane Oiler/driver Under $52.58 7A 3C 8P . .......I I ... r ft. Water 100 Tons King EK2 L..r.1jUi2ment 0 Truck Mount Portable Conveyor $53.00 7A 3C 8P !jDder King EK2 g.p menL0.. .............. p Welder $53.49 7A 3C 8P IJ r ft. Water King EK2 g.p menL0.. .............. p Wheel Tractors, Farmall Type $50.22 7A 3C 8P IJ r ft. Water King EK2 g.p menL0.. .............. p Yo Yo Pay Dozer $53.00 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/11/2014 Page 15 of 17 40 e r a. Water g Kin Power Line Clearance Tree, Journey Level In Charge $44.86 5A 4A ... Trimmers .............................. King Power Line Clearance-lueg Spray Person $42.58 5A 4A Power ................................. .............................. 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 BLI.r.ig eLdjion ft. Air Journey Level $72.46 6Z 1G ...........................LQULL!Qui.021�nics King Residential Brick Mason Journey Level $50.12 5A 1M .......................................................................... King 2�esidential..CmjjtLjters Journey Level $28.20 1 King R.e.s.j..d.e.r]1j..a.! C.2.m.e.u.t M.a.s.o.u..s. Journey Level $22.641 1 King 2�esk .!icators Journey Level $39.62 5D 1M ..................... King !I Lp.ers Journey Level $50.87 5P 1 E King R.e.s.i.d.21311a.1 E.12cl..rlclaff].s. Journey Level $30.44 1 King Residential Glaziers 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 �Eicators King R.e.s.j..d.21311a.! 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.tle.r.s. Journey Level $24.09 1 King R.e.s.j..d.e.r]1j..a.!Painters 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 Ti a rTing,............... c - .......................��ni s King Residential_Sheet Metal Journey Level (Field or Shop) $41.84 7F 1 R Workers .. ....................................... .......................... King Residential Soft Fl Journey Level $42.15 5A 3D ......................................................... King 2�esk 4eEltlift!Sp.Linkler Fitters Journey Level $42.48 5C 211. ........................................ 2W King Residential Stone Masons Journey Level $50.12 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.r..s. Journey Level $25.17 1 King 22212r..s. 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) $69.37 7F 1 E ................................................................ King Boilermaker $40.12 7M 1H King Llp i!cH.r.1q..gL Llp Be2aj.r Carpenter $38.24 70 3B King MiXILUi d r ..&.S ip Repair Electrician $37.80, 70 3B King Lip i diIq..&r .S I f Frost Insulator 1 $58.931 5J I 1S I .. . WpEMaj Heat F I I I I https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/11/2014 Page 16 of 17 41 King a...S�Ijj.Bf2a i E Laborer $36.781 zo- 113 1 King Lip i d rIq .,.SWp Machinist $37.81 70 3B ! i.. EMail King Ltb2i!.d.iriq ft...Shijj.Bf2air Operator $40.15 70 3B King hjjj.Bf2air Painter $37.79 70 3B King Shi Pipefitter $37.77 70 3B King Rigger $37.74 70 3B King Lip i d ri..Iq ,.S p Sandblaster $36.78 70 3B ! . W EMail King Ltb2i!.d.iriq..a..ShjjjjR22air Sheet Metal $37.74 70 3B King Shipfitter $37.74 70 3B King hiXILUi d r ..&,..S 1I.Ef2ai Trucker $37.59 70 3B ..! i ig..........w E - - - - King Ltb2i!cflr.iq.a..Shjjj.Bf2air Warehouse $37.64 70 3B King Lip i!L 4i jq..gL Llp .r. EMaj.r Welder/Burner $37.74 70 3B King Sign Installer $22.92 1 ff..Lff- .trif- ..jj King Sign Maker $21.36 1 ff..�tqri-a[ King (22EI Sign Installer $27.28 1 King (22EI Sign Maker $33.25 1 King 11ru2L..Laygr-s Journey Level $42.15 5A 3D King Solar Controls For Windows Journey Level $12.44 1 ..................................................................................... King r2rinkler.Fitters.(Eire Journey Level $69.59 5C ix EEi;cTi ................. ........ King g cs Journey Level 1 ..........(20 $13.23 King Stone Masons Journey Level $50.12 5A 1M .......................................... King ..... I ot Journey Level $19.09 1 ...... King Surveym Assistant Construction Site $52.58 7A 3C 8P Surveyor King nyum Chainman $52.06 7A 3C 8P King Surveym Construction Site Surveyor $53.49 7A 3C 8P King ..T.e.[.e..c.o.m..m..u.r.i.i.c.a..ti..o..r.i. Journey Level $22.76 1 .T.e.ch.rii.claffi..s. King Ltl2p.hQEI!2..!.IElt.foristructiori Cable Splicer $36.01 5A 2B Outside ........................ King Ltl2p.hQEI!2..!.IElt.foristructiori Hole Digger/Ground Person $20.05 5A 2B ........................................ Q.U.Isld..e. King Ltl2p.hQEI!2..!.IElt.foristructiori Installer (Repairer) $34.50 5A 2B ........................................ Q.U.Isld..e. King Teter r2!j Special Aparatus Installer 1 $36.01 5A 2B Outside ........................ King Ltl2p.hQEI!2..!.IElt.foristructiori Special Apparatus Installer 11 $35.27 5A 2B ..................................... Outside ........................ King r2!j Telephone Equipment Operator $36.01 5A 2B Outside (Heavy) ........................ King LtI!22hone Line Construction Telephone Equipment Operator $33.47 5A 2B https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/11/2014 Page 17 of 17 42 0.21sld..e. (Light) King 2R Telephone Lineperson $33.47 5A 2B Outside ........................ King LtI!22hone Line Construction Television Groundperson $19.04 5A 2B Outside ........................ King Ltl2p.hQLI!2..!.IElt.foristructiori Television Lineperson/Installer $25.27 5A 2B ........................................ Outside ........................ King Ltl2p.hQLI!2..!.IElt.foristructiori Television System Technician $30.20 5A 2B Outside I ........................ King Ltl2p.hQLI!2..!.IElt.foristructiori Television Technician $27.09 5A 2B ........................................ 0.21sld..e. King Tree Trimmer $33.47 5A 2B ................... . Outside ........................ King Terrazzo Workers Journey Level $46.96 5A 1M ....................................................... King .1112 Sfl.t..ef.s Journey Level $21.65 King 1eLr.a.z.Ko Finisher $37.79 5A 1B F.J.D.i..shfus. King Traffic Control Stri rs Journey Level $42.33 7A 1K ........................................................... 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 P..U.m.f..). Irrigation Pump Installer $17.71 1 Installers ............................. King Oiler $12.97 1 Installers ............................. King P..U.m.p. Well Driller $18.00 1 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/11/2014 43 Benefit Code Key— Effective 3-5-2014 thru 8-30-2014 ............................................................................................................ 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 44 Benefit Code Key— Effective 3-5-2014 thru 8-30-2014 1. N. All hours worked on Saturdays (except makeup days) shall be paid at one and one-half times the hourly rate of wage.All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. O. The first ten (10) hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays,holidays and after twelve(12)hours, Monday through Friday and after ten(10)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 45 Benefit Code Key— Effective 3-5-2014 thru 8-30-2014 2 ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. C. All 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 dam 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. B. The first four(4)hours after eight(8)regular hours Monday through Friday and the first twelve(12)hours on Saturday shall be paid at one and one-half times the hourly rate of wage.All hours worked over twelve(12)hours Monday through Saturday,and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 3 46 Benefit Code Key— Effective 3-5-2014 thru 8-30-2014 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. Holidav 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). D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). 4 47 Benefit Code Key— Effective 3-5-2014 thru 8-30-2014 5. 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). Holidav 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). 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). 5 48 Benefit Code Key— Effective 3-5-2014 thru 8-30-2014 6. 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 49 Benefit Code Key— Effective 3-5-2014 thru 8-30-2014 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. O. Paid Holidays: New Year's Day, The Day After Or Before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, The Day After Or Before Christmas Day, And The Employees Birthday. 11). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,the Last Working Day before Christmas Day and Christmas Day(8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. R. Paid Holidays:New Yeats 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. 7 50 Benefit Code Key— Effective 3-5-2014 thru 8-30-2014 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 51 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: July 28, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: August 4, 2014 From: Paul Kuehne, Construction Management Supervisor Through: Chad Bieren, P.E., City Engineer Subject: Consultant Services Agreement with GeoEngineers Inc. for Materials Testing & Inspection for the Kentview Sanitary Sewer Interceptor Project Item - 4 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Geo Engineers, Inc., in an amount not to exceed $57,843 for materials testing and inspection services related to the Briscoe-Desimone Levee Reaches 2 & 3 project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: The project consists of installing approximately 2,500LF of 18" sanitary sewer pipe, and 48" diameter manholes to connect with the Frager Road sewer pump station. Once completed, we will be able to bypass the Kentview Pump Station, saving on maintenance and operations. Sound Engineering practices dictate that aggregates, asphalt, and cement/concrete, be tested by a geotechnical laboratory to assure the construction materials meet contract specifications. This agreement will include construction monitoring to assure follow on levee project construction continuity. This materials analysis requires a laboratory with certified testing equipment that the City does not own. GeoEngineers Inc. has the appropriate certifications and expertise to perform these duties and was selected through a competitive process based upon their qualifications. City staff will perform all other construction inspection and construction management duties. Exhibits: GeoEngineers, Inc., Consultant Services Agreement Budget Impact: This project will be fully funded out of the sewage fund. 52 This page intentionally left blank. 53 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: July 28, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: August 4, 2014 From: Kelly Peterson, AICP, Special Projects Manager Through: Chad Bieren, P.E., City Engineer Subject: Consultant Service Agreement with ESA Critical Areas Ordinance Update Item - 5 Motion: Move to recommend Council authorize the Mayor to sign a consultant services agreement with ESA in an amount not to exceed $45,200 for environmental services need to update the Critical Areas Ordinance (CAO) subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The WA State Growth Management Act (GMA) requires cities and counties to adopt a critical areas ordinance (CAO) (RCW 36.70A.060). The current version of the CAO, KCC 11.06 and KCC 14.09, was adopted in 2006. When reviewing or updating the CAO, cities are required to include Best Available Science (BAS) in policies and development regulations to ensure protection of the functions and values of critical areas. All jurisdictions are required to periodically review, evaluate, and, if necessary, revise the critical areas ordinance. Jurisdictions planning under the GMA are also required to review their CAOs to ensure compliance with the Comprehensive Plan. The city is required to update the CAO by June 2015. ESA will assist the City in updating the CAO by reviewing the wetlands, streams and frequently flooded areas section of the CAO for consistency with BAS, providing recommendations for revising the regulations, and supporting the City's public communications during the legislative process. ESA will also provide support to the City in achieving compliance with the National Marine Fisheries Service Biological Opinion of FEMA's National Flood Insurance Program with the update of the CAO. Exhibits: ESA, Consultant Services Agreement Budget Impact: No unbudgeted impacts. Funds for this work will come from the Environmental Operating Fund. 54 This page intentionally left blank. 55 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Environmental Science Associates THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Environmental Science Associates organized under the laws of the State of California, located and doing business at 5309 Shilshole Ave. NW, Suite 200, Seattle, WA 98107, Phone: (206) 789-9658/Fax: (206) 789-9684, Contact: Teresa Vanderburg (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall review portions of the City's Critical Areas Ordinance and provide recommendations for revising the regulations and support the City's public communication. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant 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 those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by June 30, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Five Thousand, Two Hundred Dollars ($45,200.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 56 Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. 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 Consultant 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 Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant 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 Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor 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. Consultant 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. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 57 VII. INDEMNIFICATION. Consultant 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 Consultant'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 Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'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 Consultant 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 Consultant's part, then Consultant 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 Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant 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. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 58 XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant 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 Consultant's own risk, and Consultant 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. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII 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 Consultant. 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 59 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 Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant'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. 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. CONSULTANT: 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: CONSULTANT: CITY OF KENT: Teresa Vanderburg Timothy J. LaPorte, P.E. ESA City of Kent 5309 Shilshole Ave. NW, Suite 200 220 Fourth Avenue South Seattle, WA 98107 Kent, WA 98032 (206) 789-9658 (telephone) (253) 856-5500 (telephone) (206) 789-9684 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ESO-Critical Nees Ord/Peterson CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 60 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 61 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 62 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 63 5309 Shilshole Avenue NW w�dv.eaassar..a'srn y fl Suite 200 ! Seattle,WA 98107 206.789.9658 phone ' 206.789.9684 fax ! ,July 22, 2014 Kelly Peterson City of Kent Public Works&Engineering Department 400 W Gowe Street Kent, WA 98032 Subject: Critical Areas Ordinance Update—Scope of Work Dear Kelly: We are very pleased that you have requested ESA to provide enviroiunental services to the City of Kent for the Critical Areas Ordinance (CAO)update. This letter briefly provides our understanding of the project and includes our proposed scope and fee estimate. Background The City of Kent(City)is updating its CAO in accordance with the requirements of the Growth Management Act. ESA will review portions of the CAO for consistency with best available science, provide recommendations for revising the regulations, and support the City's public communication during the legislative process. Our review and recommendations will be limited to the stream, wetland,and flood hazard provisions of the Kent City Code (KCC). ESA has retained Dave Carlton of dkcarlton&associates,as a subconsultant to assist with the review of flood hazard area regulations. Dave Carlton is a water resources engineer and a Certified Floodplain Manager. He formerly worked for FEMA. He will provide expertise related to update of the flood hazard area code and consistency with FEMA requirements. In addition,ESA can provide support to the City in achieving compliance with the National Marine Fisheries Service Biological Opinion(BiOp)of the Federal Emergency Management Agency's(FEMA)National Flood Insurance Program(NF1P). Our team can ensure that the recommended updates to the code for streams and flood hazard areas arc consistent with the BiOp and consistent with the findings in the draft programmatic habitat assessment of the City's floodplains (prepared by ESA, revised draft in 2013). Scope of Work The work will be completed within five tasks as follows. Task 1—Project Management/Meetings This task includes time for four in-person meetings and regular communication with the City project manager and other City staff;managing budget and schedule; coordination with a subconsultant; and,quality control and assurance. Deliverables: • Monthly progress report with summary of work by task and percent complete(to be submitted with monthly invoice). I 64 City oj'Kent CAO U9date—Scope of If ork Page 2 I Assumptions I • ESA staff will be available to have discussions with City staff up to the amount budgeted for this task. Task 2—Rest Available Science Review and Gap Analysis ESA will review existing conditions(location,function, surrounding development, and watershed context) for wetlands, streams, and flood hazard areas, and the related regulations for consistency with GMA requirements (RCW 36.70.172),regulatory agency requirements and guidelines, and best available science. We will use the City's existing maps and other documents as baseline information on the City's streams, wetlands,and flood hazard areas. We will review applicable scientific information released since the City conducted its last best available science review and CAO update. We will also review the City's matrix of proposed changes to KCC as observed by staff. ESA will coordinate with Dave Carlton on the review of the flood hazard areas regulations for best available science and have hhn review the policy recommendations. Deliverables: • Draft Technical Memorandum that includes gap analysis matrix with code and policy recommendations and best available science documentation. • Final Technical Memorandum. Assumptions: • ESA review is limited to the procedural and administrative provisions,wetland, and stream definitions and regulations in KCC 11.06 and flood hazard regulations in KCC 14.09. Task 3—Revise and Update CAO Language After City review and discussion of the recommended policy changes developed in Task 2,ESA will propose revisions to the City's current CAO regulations. We will make revisions to the existing code in track changes so that the recommended revisions are clear to reviewers. The code sections that will be revised and updated include CAO Sections for Procedural and Administrative Provisions(KCC 11.06.010 to 11.06.100), Wetlands(KCC 11.06.580 to 660)and Fish and Wildlife Habitat Conservation Areas(KCC 11.06.670 to 740). In addition, updates to the Flood Hazard Regulations(KCC 14.09)will also be provided under this task. Deliverables: • One draft and one final version of the updated code sections,using tracked changes. • One draft and one final version of the updated Flood Hazard Regulations, using hacked changes. Assumptions: • Revisions to the wetland and stream sections are expected to be limited with the bulk related to the wetland/stream classification systems and mitigation standards. • Revisions to the flood hazard regulations will also incorporate the recommendations provided by Dave Carlton under Task 4. i 65 City of Kent j CAO Update—Scope of Work Page 3 I I Task 4—Flood Hazard Area Review for FEMA Consistency and NFIP BiOp Compliance Following revision of the Flood Hazard Area regulations,ESA will coordinate with Dave Carlton for his review of the revised code. Dave will provide expert opinion on the adequacy of the proposed updates to the regulations for meeting FEMA requirements. He will identify regulations that may require revision to comply with the NFIP BiOP and provide general recommendations(if necessary)to address gaps and will provide that information to ESA via email or phone. Dave will also provide an opinion on the ramifications of the proposed changes to the City's CRS rating. Dave will be available to attend two meetings to discuss either FEMA requirements or BiOp compliance and the City's floodplain management approach. Deliverables: • None. Assumptions: • Dave Carlton will be available for up to two(2)meetings with City staff and/or FEMA Region X on behalf of the City. • Recommendations coming out of this task will be incorporated into the final version of the CAO update work under Task 3. i Recommendations will not negatively affect the City's CRS rating. Task 5—Public Meeting Support ESA will assist the City's communication with project stakeholders,the general public,Council Committees, Land Use and Planning Board, and City Council regarding the CAO revisions by providing technical support. One ESA staff(Teresa Vanderburg,Ann Root, and/or Ilon Logan)will be available to attend up to three(3) meetings or public workshops during the course of the project. The meetings could include workshops conducted early in the Comprehensive Plan planning process or later to present the major changes to existing policy and CAO standards. It is expected that public participation and meetings will be consistent with the City of Kent's Comprehensive Plan Update Public Participation Plan and update schedule. Deliverables: • None. Assumptions: • Support for public involvement is limited to 30 hours. General Assumptions The following assumptions apply to all deliverables and interim work products listed in the scope of work that require review or continent by City and/or other stakeholder; • All deliverables will be provided in electronic format. • One review cycle is assumed for all deliverables/interim work reviewed by the City and associated parties,unless otherwise noted. 66 City of Kent CA Update—Scope of Work Page 4 • The City will be responsible for consolidating all comments into a single document for transmittal to ESA. The City will resolve discrepancies between various reviewers,prior to providing comments to ESA. • The timeframe for a review cycle (from transmittal of the document(s)for review to the City to receipt of consolidated City comments)is assumed to be four weeks, unless otherwise noted in this scope of work. Cost Estimate The cost of these services is estimated to be$45,200. Work will be invoiced on a time and materials basis. A breakdown of costs by task is shown in the table below. Task Description Hours + Cost 1 Project Management/Meetings 38 $5,290 2 BAS Review and Policy Recommendations 124 $14,720 3 Revise CAO Language 104 $12,286 4 Flood Hazard Review and NFIP BiOp Compliance 28 $3,120 5 Public Meeting Support 30 $4,290 Subconsultant(dkcarlton&associates) 30 $5,400 Expenses(mileage) - $too Total $45,200 Thank you again for requesting this proposal. Please feel free to call me with any questions at 206-789-9658. Sincerely, ESA Ilon Logan,Project Manager Cc: Teresa Vanderburg, ESA Dave Carlton, dkcarlton& associates,PLLC I 67 m d M f O fA fA M N f) fA M fR tl} IA M M N O N M N � n M ~ a C w w rn w ro ro w o � N O F v3 M O V 00 H M N [0 0 m M m m w m o 0 O C N A ro N a M ea N O D a N N O p LL Qi 1(1 p K a N U � � N 0 O 4 N V O O a b N O h h rj N N � J - a a V � R n v T C C & E U) N m a a Q N o E w m w Y y n m m ��/ C v m E IL w a w E 3 w n x W y Z C W m a a ¢ m y N x Q m m n o W W N r C H aOm d U _ W 2i O.= y N O O f'•' y CL 46 K 2 v o U x E ur U m m w c o 'o ¢ y o `o m o V W 3c O ® KammLLa J N Q N W _ � W a N U — .- N M V �n . C N mJ I— m x m m h w 2 `�" o m c Q ? Q coCc Z W o r H r r r10- h W Y = H N W y N O S 68 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 69 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 Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 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 IN GTO N Address: 400 West Gowe Street Kent, WA 98032-5895 Date: July 28, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: August 4, 2014 From: Kelly Peterson, AICP, Special Projects Manager Through: Chad Bieren, P.E., City Engineer Subject: Consultant Service Agreement with GeoEngineers, Inc. - Critical Areas Ordinance Update Item - 6 Motion: Move to recommend Council authorize the Mayor to sign a consultant services agreement with GeoEngineers Inc., in an amount not to exceed $19,901 for environmental services needed to update the Critical Areas Ordinance (CAO) update, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: The WA State Growth Management Act (GMA) requires cities and counties to adopt a critical areas ordinance (CAO) (RCW 36.70A.060). The current version of the CAO, KCC 11.06 and KCC 14.09, was adopted in 2006. When reviewing or updating the CAO, cities are required to include Best Available Science (BAS) in policies and development regulations to ensure protection of the functions and values of critical areas. All jurisdictions are required to periodically review, evaluate, and, if necessary, revise the critical areas ordinance. Jurisdictions planning under the GMA are also required to review their CAOs to ensure compliance with the Comprehensive Plan. The city is required to update the CAO by June 2015. GeoEngineers will assist the City in updating the CAO by reviewing the geologic hazard areas portion of the CAO for consistency with BAS and providing recommendations for revising the regulations. GeoEngineers will review available geologic data with respect to recent major landslides in Washington and use the information to incorporate recommendations as needed into the CAO. Exhibits: GeoEngineers Inc., Consultant Services Agreement Budget Impact: No unbudgeted impacts. Funds from this work will come from the Environmental Operating Fund. 72 This page intentionally left blank. 73 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 S. Fawcett Ave., Suite 200, Tacoma, WA 98402, (253) 383-4940/Fax: (253) 383-4923, Contact: Steve Helvey (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide a review of the geologic hazard portion of the City's Critical Areas Ordinance and applicable definitions with respect to Best Available Science (BAS). For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant 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 those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by June 30, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Nineteen Thousand, Nine Hundred One Dollars ($19,901.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 74 B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. 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 Consultant 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 Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant 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 Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor 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. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 75 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant 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 Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. For claims arising or alleged to arise from Consultant's professional services only, Consultant's duty to defend and indemnify under this paragraph shall be limited to claims, injuries, damages, losses or suits asserted on the basis of negligence or willful misconduct. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'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 Consultant 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 Consultant's part, then Consultant 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 Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant 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. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 76 XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, and agents in the performance of the contract work and shall utilize all protection necessary for that purpose and shall cause any subcontractors hired by Consultant to be responsible for the safety of its employees and agents. All work shall be done at Consultant's own risk, and Consultant 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. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII 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. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 77 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 Consultant. 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 Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant'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. 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. CONSULTANT: 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: CONSULTANT: CITY OF KENT: Steve Helvey Timothy J. LaPorte, P.E. GeoEngineers, Inc. City of Kent 1101 S. Fawcett Ave., Suite 200 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 383-4940 (telephone) (253) 856-5500 (telephone) (253) 383-4923 (facsimile) (253) 856-6500 (facsimile) CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 78 APPROVED AS TO FORM: Kent Law Department GeoEnglneers-Ctlticel Nees Ord/Peterson CONSULTANT SERVICES AGREEMENT - 6 (Over$10,000) 79 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 80 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 81 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 82 SCOPE OF WORK BEST AVAILABLE SCIENCE(BAS) REVIEW CRITICAL AREAS ORDINANCE KENT,WASHINGTON JULY 25,2014 FILE NO.0410-108-03 The purpose of our services is to provide a review of the geologic hazard portion of the City of Kent Critical Areas Ordinance and applicable definitions with respect to Best Available Science (BAS). We developed our scope based on our recent conversations with you. We previously assisted the City in developing the current geologic hazard portion of the ordinance in 2001 to 2004. We understand that this is a regularly scheduled update/review of the ordinance that is required by the State of Washington. The objective of this consultation is to evaluate the existing ordinance with respect to BAS. Our specific proposed scope of services for the project is as follows: 1. Review BAS for Geologic Hazard Areas based upon the Washington Administrative Code (WAC) definition. We will review any recommended sources of BAS as identified by the State Office of Community Development that may have been added since our previous review performed in the early 2000's. Define any additional literature sources for review, or field investigations required, relative to the requirements outlined in the WAC,for BAS. We will review available geologic data with respect to recent major landslides that have occurred in Washington State (Whidbey Island and Oso Landslides) and use this review as a basis for assessing potential presence of similar geologic settings within the City of Kent. 2. Review the Geologic Hazards section of the existing City of Kent Critical Areas Ordinance and applicable definitions with respect to the BAS evaluated/established in scope Item 1. 3. Highlight any discrepancies in the ordinance (if any) with respect to the BAS and provide scientifically supported recommendations to the City for hazard area delineations, buffer/setback standards, mitigation requirements, etc. 4. Provide a written opinion regarding the current status of the geologic hazard portion of the ordinance with respect to BAS and provide a red-line revision of the existing code with respect to the BAS review noted in Item 3. Recommendations regarding additions to the code with respect to assessment of landslide run out impact mitigation may also be included, depending on the BAS. 5. Provide a brief written technical report that summarizes the BAS review and outlines the scientific process that lead to the final recommendations. 6. Meet with City of Kent staff to present the recommended revisions to the existing ordinance. Discuss the findings with you and develop a mutually agreed revision to the ordinance. 7. Attend one public meeting at the City's request. I 83 City of Rent i July 25,=4 Page 2 FEE ESTIMATE AND SCHEDULE We can begin work on the project within a week of receiving your authorization to proceed. We estimate that we can provide an opinion of the existing ordinance with respect to BAS approximately 3 weeks after project authorization. We estimate that our fee for the scope of services outlined above will be as shown in Table 1. We will keep you informed as to the status of the project. GHS:SWH:u Disclaimer:Any electronic form,facsimile or hard copy of the original document(email,text,table,and/or figure),if prodded,and any attachments are only a copy of the original document.The original document is stored by GeoEngineers,Inc.and will serve as the official document of record. '.. Attachment: Table 1-Critical Areas Ordinance Best Available Sclence(BAS)Review Estimated Hours GEOENGINEER� He No.041ei08-03 84 Table 1: Fee Estimate Best Available Science(BAS)Review Kent,Washington GeoEngineers,Inc. Principal Senior Engineer 2 Support Direct Fee (Garry Squires) (Steve Helvey) (Various) Total Hours Expenses Estimate ate Rate Rate Task Description ours ours ours 1.0 SAS Review,Geologo Hazard Code Review, update Hours 30 85 _ 6 101 - $17,293 Mileage 4060$0.565 $229 Task Estimated Fee $17,522 EM"Ungs 10 $2,379 Task Estimsted Fee $2,379 oEngineers) 1395 6 114.0 $19,672 penses $229 Total Estimated Fee 419,901 I File No.0430.108 03 Tablel July25,2D14 Page l ofl GEOE'NGINEER 85 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 86 EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 87 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: July 28, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: August 4, 2014 From: Kelly Peterson, AICP, Special Projects Manager Through: Chad Bieren, P.E., City Engineer Subject: Interagency Agreement — Washington Department of Enterprise Services — LED Street Light Replacement Item - 7 Motion: Move to recommend Council authorize the Mayor to sign an interagency agreement for up to $64,000 with the Washington Department of Enterprise Services (DES) and select an Energy Services Company from the DES list to complete an investment grade audit and assist with the application of the Energy Efficiency and Solar Grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Washington State Department of Commerce currently has the last round of 2013-2015 Energy Efficiency and Solar Grants open, which are available to higher education, local government and state agencies. Projects must include facilities or street light energy savings that provide full pay back within a 50-year time frame. Kent has over 3,500 city-owned high pressure sodium street lights that could be switched to LED fixtures, thus qualifying for a grant. The grant requires a match of 3: 1 local dollars to grant dollars with a maximum grant value of $500,000. In addition to the Commerce grant, the LED conversion project would qualify for a one time energy efficiency rebate from Puget Sound Energy of approximately $450,000 to $500,000. An Interagency Agreement (Agreement) is available through the Washington Department of Enterprise Services (DES) that would enable the City to select an Energy Services Company from the state list of pre-qualified firms to perform an investment grade audit (required for the grant), assist with the grant application, and provide a turn-key installation. DES will assist with the implementation of the project through final acceptance. If the city secures funds through the grant and does not accept the grant, we may be required to pay a termination fee as noted in Attachment B of the Agreement of approximately $25,000 to DES. 88 The total cost of converting all of Kent's existing city owned high pressure sodium street lights to LED light fixtures is approximately $3.5 million, less grants and utility incentives of approximately $1 million, or an "out of pocket" cost of $2.5 million. Energy savings is projected to be approximately $200,000 per year. The LED lights have a useful life of approximately 20 years. Low interest loans are available for cities through the Local Option Capital Asset Lending program, administered by the Washington State Treasurer's Office. The current interest rate is approximately 3%. It is anticipated that the reduction in fees paid to PSE for street lighting will exceed the debt service associated with financing the project, and will be determined through the investment grade audit. If the grant and loans are secured, staff will return to the PW Committee for approval of an amendment to the Interagency Agreement for the installation of the LED street lights. Exhibit: Draft, Interagency Agreement Budget Impact: Potential impact of up to $25,000 if an Energy Efficiency Grant is awarded to the City, if the City elects to walk away from the project. Otherwise, the City's costs would be covered through a loan that would be paid off using savings related to lower energy costs. 89 Interagency Agreement Department of Enterprise Services Date: Interagency Agreement No: 201.2-ERG-xxx Interagency Agreement Between the Department of Enterprise Services and (Name of the Cfienu Aga non) This Agreement, pursuant to Chapter 39.34 RCW, is made and entered into by and between the Department of Enterprise Services, Facilities Division, Engineering& Architectural Services, hereinafter referred to as "DES", and 2,N'sn me ot'tho d; he nt Agency), hereinafter referred to as r, is "insert Cl I'Y or t (AJN' Y or DI f'RICT or ('4)➢_LE(''d E„ The purpose of this Agreement is to establish a vehicle for DES to provide future Energy/Utility Conservation Project Management and Monitoring Services to the CL I9 NT (<:= subs ilulc "('it v", etc) and to authorize the development of the energy services proposal. Now therefore, in consideration of the terms and conditions contained herein, or attached and incorporated by reference and made a part hereof, the above-named parties mutually agree as follows: 1. Statement of Work DES shall furnish the necessary personnel and services and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachment"A" and Attachment "C", attached hereto and incorporated herein by reference. Unless otherwise specified, DES shall be responsible for performing all fiscal and program responsibilities as set forth in Attachment "A" and Attachment "C". Energy/Utility Conservation projects shall be authorized by Amendment to this Agreement. 2. Terms and Conditions All.rights and obligations of the parties to this Agreement shall be subject to and governed by the terms and conditions contained in the text of this Agreement. This paraeraph added only if l ere`.t'1"edera l er ruil f areaatr. (may be added by aarraaruaa inerd) The CLIENT shall provide the Energy Services Company (ESCO) with any additional contract language necessary to comply with federal requirements under the American Recovery & Reinvestment Act of 2009(ARRA) and the Energy Efficiency and Conservation Block Grant(EECBG). The ESCO and their subcontractors are required to comply with all applicable federal regulations and reporting procedures. 3. Period of Performance Interagency Agreement No. 2012-ERG-5.,.,_ Page 1 of 5 90 Subject to its other provisions, the period of performance of this master Agreement shall commence when this Agreement is properly signed, and be completed on June 30, 2014 unless altered or amended as provided herein. 4. Consideration Compensation under this Agreement shall be by Amendment to this Agreement for each authorized project. Each Amendment will include a payment schedule for the specific project. For Project Management Services provided by DES under Attachment"A" of this Agreement, 1lic a"LIll:.N I' will pay DES a Project Management Fee for services based on the total project value per Project Management Fees Schedule set forth in Attachment `B". If the (A.I ENT decides not to proceed with an Energy/Utility Conservation project that meets t`L.eIENT's cost effective criteria, then the CLIENT will be charged a Termination Fee per Attachment `B". The Termination Fee will be based on the estimated Total Project Value outlined in the Energy Audit and Energy Services Proposal prepared by Energy Services Company (ESCO). If monitoring and verification services are requested by the CLU,.'N'I° and provided by DES under Attachment "C" of this Agreement, the CLIENT will pay DES $2,000.00 annually for each year of monitoring and verification services requested. Compensation for services provided by the ESCO shall be paid directly to the ESCO by the I71-IIEN'1', after DES has reviewed, approved and sent the invoices to the CLVI 1''4T for payment. 5. Billing Procedure DES shall submit a single invoice to the C'I_.IE d"I` at substantial completion of each authorized project, unless the I`LIInI.uN 1' requests a Special Billing Condition in the Amendment. Substantial completion of the project will include the delivery and acceptance of closeout documents and commencement of energy savings notification. Each invoice will indicate clearly that it is for the services rendered in performance of this Agreement and shall reflect both the Agreement and amendment number. DES will invoice for any remaining services within 60 days of the termination of this Agreement. 6. Payment Procedure The CL H.,.NN'I shall pay all invoices received from DES within 90 days of receipt of properly executed invoice vouchers. "ICIuc t"I,lf3f'',N' shall notify DES in writing if the ('I II,,NT cannot pay an invoice within 90 days. 7. Non-Discrimination Interagency Agreement No. 2012-ERG-5_ Page 2 of 5 91 In the performance of this Agreement, DES shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 794), and Chapter 49.60 RCW, as now or hereafter amended. DES shall not discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensory, mental, or physical disability in: a) Any terms or conditions of employment to include taking affirmative action necessary to accomplish the objectives of this part and b) Denying an individual the opportunity to participate in any program provided by this Agreement through the provision of services,or otherwise afforded others. In the event of DES's non-compliance or refusal to comply with the above provisions, this Agreement may be rescinded, canceled,or terminated in whole or in part, and DES declared ineligible for further Agreement with the CLIENT. DES shall,however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes"procedure set forth therein. S. Records Maintenance The (.1.31i,NT and DES shall each maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, review, or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. DES will retain all books, records,documents, and other material relevant to this agreement for six years after expiration; and the Office of the State Auditor,federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. 9. Contract Management a. The CLIENT Representative on this Agreement shall be: Telephone The Representative shall be responsible for working with DES, approving billings and expenses submitted by DES, and accepting any reports from DES. In. The DES Project Manager on this Agreement shall be: Department of Enterprise Services Facilities Division Interagency Agreement No.2012-ERG-5_,_ Page 3 of 5 92 Engineering and Architectural Services PO Box 41012 Olympia, WA 98504-1012 Telephone (360) 407-_ will be the contact person for all communications regarding the conduct of work under this Agreement. 10. Hold Harmless Each party to this Agreement shall be responsible for its own acts and/or omissions and those of its officers, employees and agents. No party to this Agreement shall be responsible for the acts and/or omissions of entities or individuals not a party to this Agreement. 11. Agreement Alterations and Amendments The 4'Y..i li':1" r and DES may mutually amend this Agreement. Such Amendments shall not be binding unless they are in writing and signed by personnel authorized to bind etas,, ('1_,k1`i, qT and DES or their respective delegates. 12. Termination Except as otherwise provided in this Agreement, either party may terminate this Agreement upon thirty(30) days written notification. If this Agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance rendered prior to the effective date of termination. 13. Disputes If a dispute arises under this Agreement, it shall be determined in the following manner: The CG.,iENT shall appoint a member to the Dispute Board. The Director of DES shall appoint a member to the Dispute Board. The CLI E N'T'and DES shall jointly appoint a third member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the, dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. d"or state an,,een:r ies ;add: " wtpcws one of the li ufles r¢;rsuerst kHervemicm by the Governor as tnrovdded by li t_W 43.p 7.3 30.") 14. Order of Precedence In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: a) Applicable Federal and State Statutes and Regulations b) Terms and Conditions c) Attachment"A", Project Management Scope of Work; Attachments `B", Project Management Fees; and Attachment "C", Monitoring Services Scope of Work, and d) Any other provisions of the Agreement incorporated by reference. Interagency Agreement No. 2012-ERG-5. . Page 4 of 5 93 All Writings Contained Herein This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. AUTHORIZATION TO PROCEED Agreed to and signed by: NA ME ial+ I:LIIi'NT Department of Enterprise Services Facilities Division Engineering & Architectural Services Signature Signature Ro eg r Wigfield. P.E. Name Name Energy Program Manager Title Title Date Date The Department of Enterprise Services provides equal access for all people without regard to race, creed,color, religion, national origin, age, gender, sex, marital status, or disability. Contract information is available in alternative formats. For more information, please call K'"";'c at (360)407-__ 20125,_1AA,,,,,,, Interagency Agreement No. 2012•ERG-5 _ Page 5 of 5 94 ATTACHMENT A Scope of Work Energy/Utility Conservation Projects Management Services Statewide Energy Performance Contracting Program Master Energy Services Agreement No. 2011-169 DES will provide the following project management services for each specific project for 01c, CLIENT. Each individual project shall be authorized by Amendment to this Agreement. 1. Assist ahe CLIENT in the selection of an Energy Service Company(ESCO) consistent with the requirements of RCW 39.35A for local governments; or 39.35C for state agencies and school districts. 2. Assist in identifying potential energy/utility conservation measures and estimated cost savings. 3. Negotiate scope of work and fee for ESCO audit of the facility(s). 4. Assist in identifying appropriate project funding sources and assist with obtaining project funding. 5. Negotiate the technical, financial and legal issues associated with the ESCO's Energy Services Proposal. 6. Review and recommend approval of ESCO energy/utility audits and Energy Services Proposals. 7. Provide assistance during the design, construction and commissioning processes. 8. Review and approve the ESCO invoice vouchers for payment. 9. Assist with final project acceptance. 10. Provide other services as required to complete a successful energy performance contract. Interagency Agreement No. 2012-ERG-5..... 95 ATTACHMENT B Fee Schedule 2011-13 Interagency Reimbursement Costs for Project Management Fees to Administer Energy/Utility Conservation Projects PROJECT TOTAL PROJECT VALUE MANAGEMENT FEE TERMINATION 5,000,001..... .6,000,000 ................................. $66,000............................... 25,700 4,000,001.. ....5,000,000 .................................. 65,000............................... 25,400 3,000,001.... ..4,000,000.................................. 64,000 ............................... 25,000 2,000,001.... ..3,000,000 .................................. 60,000............................... 23,400 1,500,001.... ..2,000,000.................................. 56,000............................... 21,800 1,000,001.... ..1,500,000 .................................. 49,500............................... 19,300 900,001. .... 1,000,000.................................. 42,000............................... 16,400 800,001...... ..900,000 .................................. 39,600............................... 15,400 700,001....... .800,000.................................. 36,800............................... 14,400 600,001....... .700,000 .................................. 35,000............................... 13,700 500,001....... .600,000 .................................. 32,400............................... 12,600 400,001...... ..500,000 .................................. 29,000............................... 11,300 300,001....... .400,000.................................. 24,800............................... 9,700 200,001....... .300,000 .................................. 19,800 ................................ 7,700 100,001....... .200,000.................................. 13,800................................ 5,400 50,001....... .100,000 .................................... 7,500 ................................ 3,500 20,001........ ..50,000 .................................... 4,000................................ 2,000 0....... ...20,000 ................................... 2,000 ................................ 1,000 The project management fee on projects over$6,000,000 is 1.1% of the project cost. The maximum DES termination fee is $25„700. 1. These fees cover project management services for energy/utility conservation projects managed by DES's Energy Program. 2. Termination fees cover the selection and project management costs associated with managing the ESCO's investment grade audit and proposal that identifies cost effective conservation measures if the CLIENT decides not to proceed with the project through DES. 3. If the project meets the CI.iG,aP41"s cost effectiveness criteria and 0h:m C'1...4VS:N T decides not to move forward with a project, then uhe ti:"a..GEN'1IC° will be invoiced per Attachment B Termination or$25,700.00 whichever is less. If Ow C1,dFI T decides to proceed with the project then the Agreement will be amended per Attachment B for Project Management Fee. 4. If the audit fails to produce a project that meets QCrr k":p.,UViNT's established Cost Effectiveness Criteria, then there is no cost to the C::f.11i N[' and no further obligation by the C'1 CP N 1'. Rev, 3112112 Interagency Agreement No. 2012ERG 5_. .. 96 ATTACHMENT C Scope of Work Energy/Utility Conservation Projects Monitoring Services Statewide Energy Performance Contracting Program Master Energy Services Agreement No. 2011-169 If requested DES will provide the following monitoring services for each specific project for the i"i..lLN'T`. 1. Monitor actual energy use and dollar costs, compare with the ESCO's annual Measurement and Verification(M&V) report and any ESCO guarantee,resolve differences, if needed, and approve any vouchers for payment. 2. Monitor facility operations including any changes in operating hours, changes in square footage, additional energy consuming equipment and negotiate changes in baseline energy use which may impact energy savings. 3. Provide annual letter report describing the ESCO's performance, equipment performance and operation, energy savings and additional opportunities, if any, to reduce energy costs. i 97 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: July 28, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: August 4, 2014 From: Kelly Peterson, AICP, Special Projects Manager Through: Chad Bieren, P.E., City Engineer Subject: Local Option Capital Asset Lending Loan — Washington State Treasurer — LED Street Light Replacement Item - 8 Motion: Move to recommend Council authorize the Mayor to sign all applicable documents to apply for a Washington State Local Option Capital Asset Lending loan, not to exceed $3,000,000, for the purpose of replacing city-owned high pressure sodium street lights with LED lights, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Washington State Treasurer administers the Local Option Capital Asset Lending program which is an expanded version of the successful state agency lease/purchase program. The program was created to provide the lowest cost financing for state and local agency purchases by pooling funding needs into larger offerings of securities. Local government agencies of all types can finance equipment or real estate needs through the State Treasurer's office subject to existing debt limitations and financial considerations. If Kent is successful in securing grant funds through the Department of Commerce Energy Efficiency and Solar Grants program for street light replacement with LED lights, a 3:1 local dollars to grant dollars match is required. The total cost of converting all of Kent's existing city owned high pressure sodium street lights to LED light fixtures is approximately $3.5 million, less grants and utility incentives of approximately $1 million, or an 'but of pocket" cost of $2.5 million. Energy savings is project to be approximately $200,000 per year. The LED lights have a useful life of approximately 20 years. The current interest rate is approximately 3%. Exhibit: None Budget Impact: The City's costs would be covered through a loan that would be paid off using the energy savings. 98 This page intentionally left blank. 99 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: July 25, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: August 4, 2014 From: Sean Bauer, Water Superintendent Through: Chad Bieren, P.E., City Engineer Subject: Information Only/Water System — Update Item - 9 For Information Only / No Motion Required Summary: Updated information for Committee Members on our water sources, water system projects, and key recent accomplishments. Budget Impact: None