HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 6/17/2014CITY OF KENT
City Council MeetingAgenda
June 17, 2014
Mayor Suzette Cooke
Dana Ralph, Council President
Councilmembers
Jim Berrios
Bill Boyce
Brenda Fincher
Dennis Higgins
Deborah Ranniger
Les Thomas
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KENT CITY COUNCIL AGENDAS
June 17, 2014
Council Chambers
Mayor Suzette Cooke
Council President Dana Ralph
Councilmember Jim Berrios Councilmember Bill Boyce
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Deborah Ranniger Councilmember Les Thomas
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COUNCIL WORKSHOP AGENDA
5 p.m.
Subject Speaker Time
Kent Emergency Coordination Center Dominic Marzano 90 min
NOTE: This discussion will occur at the Kent Emergency Coordination Center (ECC) located at
24611 116th Avenue SE, Kent, WA. The Council will be returning to City Hall at 6:30 p.m. for
the regular Council meeting.
COUNCIL MEETING AGENDA
7 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Community Events
C. Public Safety Report
D. Intergovernmental Reports
5. PUBLIC HEARING
6. PUBLIC COMMENT - Please state your name and address for the record. You
will have up to three (3) minutes to provide comment. Please address all
comments to the Mayor or the Council as a whole. The Mayor and Council
may not be in a position to answer questions during the meeting. For more
details regarding the public comment process, please refer to the section
titled, “Public Comments,” on the reverse side.
7. CONSENT CALENDAR
A. Minutes of Previous Meetings and Workshop – Approve
B. Payment of Bills – Approve
C. Oil Trains, Resolution - Adopt
(Continued)
COUNCIL MEETING AGENDA CONTINUED
D. Public Works Agreement with Petersen Brothers for Emergency
Guardrail Services - Authorize
E. Resource & Conservation Office Salmon Recovery Funding Board,
Project Funding Agreement for Mill Creek Side Channel (Leber) Project
Construction - Authorize
F. Consultant Services Agreement with Jason Engineering Business, Inc.
for Materials Testing and Inspection for the 2014 Overlay Project -
Authorize
G. IT - Multimedia & Accounting Technician Position - Authorize
H. Microsoft Product Licensing - 2014 Enterprise Agreement - Authorize
I. Print Shop Copier/Multi-Function Device Replacement - Authorize
J. Parking Zone Amendment Ordinance - Adopt
K. 112th Avenue SE Watermain Project - Accept as Complete
8. OTHER BUSINESS
A. Downtown Design Guidelines, Ordinance - Adopt
B. Current Progress on the Briscoe Levee Project - Presentation
10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's
Office. The Agenda Summary page and complete packet are on the website
at KentWA.gov
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at 253.856.5725. For TDD relay service, call the Washington
Telecommunications Relay Service at 1.800.833.6388.
COUNCIL WORKSHOP
1) Kent Emergency Coordination Center (ECC), Dominic Marzano
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CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
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PUBLIC COMMUNICATIONS
A) Public Recognition
B) Community Events
C) Public Safety Report
D) Intergovernmental Reports
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PUBLIC HEARING
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PUBLIC COMMENT
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Agenda Item: Consent Calendar 7A – 7B_
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through K.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the workshop and regular Council meeting of June 3,
2014.
7B. Approval of Bills.
Approval of payment of the bills received through May 15 and paid on May 15
after auditing by the Operations Committee on June 4, 2014.
Approval of checks issued for vouchers:
Date Check Numbers Amount
5/15/14 Wire Transfers 5859 - 5878 $1,781,458.65
5/15/14 Regular Checks 682565 - 683121 $1,825,068.71
Void Checks ($120.20)
5/15/14 Use Tax Payable $9,863.58
$3,616,270.74
Approval of checks issued for payroll for May 1 through May 15 and paid on May
20, 2014:
Date Check Numbers Amount
5/20/2014 Checks 335299 - 335487 $94,341.89
Voids and Reissues
5/20/2014 Advices 329082 - 329714 $1,317,107.36
$1,411,449.25
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Kent City Council Workshop Minutes
June 3, 2014
The workshop meeting was called to order at 5:04 p.m. by Council President Ralph.
Councilmembers present: Ralph, Boyce, Fincher, Higgins, and Thomas.
Budget Calendar for 2015 - 2016 Biennial Budget
Interim Chief Administrative Officer Tom Brubaker discussed the compressed budget
calendar. He noted that a "status quo" budget would be presented with discussion of
a possible franchise fee and/or transportation benefit district. He communicated that
the Mayor will ensure the Council stays informed as the budget process proceeds.
Councilmember Ranniger arrived at 5:30 p.m.
Sound Transit Link Rail Environmental Impact Statement Options
Planning Manager Charlene Anderson presented what has occurred thus far, project
alternatives, the current timeline, and lessons learned with the Sound Transit Federal
Way Link Extension process.
Councilmembers communicated their preferences for the location of stations.
Anderson noted that final design and construction begins in 2018 and it is likely to be
a design-build process, so the City needs to ensure the staff is prepared to make
quick decisions and the system is scheduled to be fully operational in 2023.
Council President Ralph communicated that Sound Transit has made her feel better
about all of this because of their high level of customer service and community
outreach concerning the project.
Anderson suggested the City be clear in what it desires to ensure all the needs of the
City are met and reviewed specific items the City should pay attention to such as
structured or surface parking, design elements, alignment/station location, etc.
Economic and Development Director Ben Wolters communicated that this is coming to
Kent at a fast pace and the City will have an opportunity to influence the design if
preferences are communicated to Sound Transit early.
Council President Ralph thanked the Economic and Community Development
Committee for getting the awareness out about this early.
Brubaker urged the Council to have a thoughtful discussion so there is a clear
message that will influence and change the face of the community.
Ralph suggested the Council set up meetings with Sound Transit and Planning
Manager Anderson.
Parks and Police Department Youth and Crime Prevention Programs
Kent City Council Workshop Minutes June 3, 2014
Jeff Watling, Parks and Cultural Services Director and Ken Thomas, Police Chief gave
an overview of the presentation. Both highlighted their partnership and goal to
prevent crime and keep the community safe. Watling introduced Garin Lee and Lori
Hogan, from the Parks Department and Chief Thomas introduced Sergeant O'Reilly
and Stacey Judd from the Police Department.
Hogan communicated that this is a partnership and reviewed the recreation programs
to include community events, youth sports leagues, camps, tournaments, and
community education.
O'Reilly discussed the Fourth of July Splash event and what the police will be
responsible for at the event.
Judd and O'Reilly highlighted police crime prevention programs such as National Night
Out (August 5), the Police Youth Board, Kent Cops in Schools, Business Watch, and
Block Watch. Judd noted that there are over 150 neighborhood Block Watch groups
in Kent. Both presenters also discussed the police education/training programs such
as the Kent Cornucopia Days education booth, Gang Resistance Education and
Training (G.R.E.A.T.), and the Police Science Class.
Hogan reviewed the Senior Center classes, to include being safe at home and scam
alert classes. She also highlighted the safety classes for staff at the Senior Center.
Lee highlighted crime prevention in public spaces and programs such as Eyes on the
Parks and Crime Prevention Through Environmental Design (CPTED) which is made up
of natural surveillance, access control, and territorial reinforcement.
The group concluded and discussed management practices for public spaces. Judd
noted that the areas where these practices have been applied to police programs is on
block watches, bike/boat patrol, and Kent Cornucopia Days. Lee and Hogan
communicated that when it comes to parks, management practices have been applied
to landscaping, litter/graffiti, the condition of park assets, and downtown parks.
Judd communicated that there is a Police Chief Community Meeting this Thursday at
Totem Middle School.
Hogan responded to Councilmember Boyce’s inquiry and noted that the department
does contacts the schools directly. She stated that the attendees of the programs are
very diverse and based on the number of repeat customers the programs are
successful.
The meeting adjourned at 6:33 p.m.
Ronald F. Moore, MMC
City Clerk
2
Kent City Council Meeting Minutes
June 3, 2014
The regular meeting of the Kent City Council was called to order at 7:01 p.m. by
Mayor Cooke.
Councilmembers present: Ralph, Boyce, Fincher, Ranniger, and Thomas.
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. Council President Ralph added item I, an
excused absence for Councilmember Higgins. Assistant Chief Administrative Officer
Tom Brubaker announced that there wouldn't be an executive session.
B. From the Public. None.
PUBLIC COMMUNICATIONS
A. Public Recognition. Council President Ralph thanked the community for the Kent
International Festival and congratulated the graduating Kent students.
B. Community Events Council President Ralph communicated that the Summer Art
Gala is in the Centennial Center tomorrow. She also communicated that the Police
Chief's Community Meeting is June 5 at Totem Middle School.
Councilmember Thomas communicated that there is a fundraiser at the Senior Center
tomorrow morning at 7:30 a.m.
C. Proclamation of Juneteenth - Mayor Cooke read the proclamation. She
presented the proclamation to Gwen Allen-Carston, Executive Director of the Kent
Black Action Commission (KBAC). Mayor Cooke proclaimed June 21 as Juneteenth Day
in the city of Kent. Allen-Carston discussed the Juneteenth event on June 21 at Laurel
Meadows Park and introduced the KBAC members in attendance.
D. Proclamation of National Trails Day - Mayor Cooke presented the National
Trails Day proclamation to Jeff Watling, Parks and Cultural Services Director. He
communicated that the event will be held on June 7 at the Old Fishing Hole.
E. Intergovernmental Reports - Council President Ralph communicated that
Councilmember Higgins attended the Sound Cities Association (SCA) Board of
Directors meeting on May 24 and they discussed the Puget Sound Clean Air Agency
rate increase and approved sending a letter to them opposing it. They also discussed
an undercharge in the SCA per capita rate since 2009 and they will likely request a
rate increase in 2014. She said Councilmember Higgins also attended the Regional
Transit meeting and they discussed what the Metro service cuts will look like. She also
said he has been appointed to the Association of Washington Cities (AWC) Ad Hoc Rail
Freight Committee and they will be discussing the implications of the increase in coal
and oil train traffic. Council President Ralph communicated that she attended the King
County Regional Law Safety and Justice meeting and they discussed the sex trade.
She noted that the group discussed going after the "johns" and not prosecuting
victims. She pointed out that the King County Senior Deputy Prosecuting Attorney,
Kent City Council Meeting Minutes June 3, 2014
who conducted the presentation, communicated that Kent is at the forefront of
combating this issue.
PUBLIC HEARINGS
None.
PUBLIC COMMENT
1. Millard Battles, Kent - Battles resides in the Wesley Homes facility located in the
Lee Hill area of Auburn. He introduced Scott Hulet. Hulet discussed Wesley Homes, a
faith-based non-profit organization that provides retirement housing and healthcare for
seniors and highlighted that they want to build a $9 million skilled nursing and
rehabilitation regional facility for the people of South King County.
2. Mel Roberts, Kent - Roberts discussed the Six-Year Transportation Improvement
Plan (TIP). He communicated his concerns about bicycling in the City. He stated that
Kent has stepped up the last years concerning bicycling and is appreciative of
everything.
CONSENT CALENDAR
Council President Ralph moved to approve Consent Calendar Items A through
I, seconded by Councilmember Thomas. Motion carried 5-0.
A. Approval of the minutes – Approve. Approval of the minutes of the workshop
and regular Council meeting of May 20, 2014.
B. Payment of Bills – Approve. Approval of payment of the bills received through
April 30 and paid on April 30 after auditing by the Operations Committee on May 20,
2014.
C. Excused Absence – Councilmember Jim Berrios - Approve. The Mayor was
authorized to approve an excused absence for Councilmember Berrios as he is unable
to attend the City Council meeting of June 3, 2014.
D. Parking Zone Ordinance Amendment – Approve. The Mayor was authorized to
adopt Ordinance No. 4114, to amend 9.38.060 of the Kent City Code, entitled “Two (2)
hour parking zones,” increasing the parking to four (4) hour parking zones.
E. SE 256th Street Sanitary Sewer Connection Charge - Approve. The Mayor
was authorized to direct the Public Works Department to establish a sanitary sewer
connection charge for 10940 SE 256th Street, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
F. Professional Services Agreement/Tierra Right of Way Consultants for
Property Relocation Services - Approve. The Mayor was authorized to sign aquatic
lands easements from the Washington Department of Natural Resources for the exiting
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Kent City Council Meeting Minutes June 3, 2014
sanitary sewer and pedestrian bridge crossing over the Green River, subject to final
terms and conditions acceptable to the Public Works Director and City Attorney.
G. Budget Request for B&O Tax System Analysis - Approve. The Mayor was
authorized to approve an amount not to exceed $25,000 for consultant services to
gather requirements and evaluate options for a B&O tax administration system to
enter contracts to accomplish this purpose and adjust the budget accordingly.
H. Unpaid Holiday Resolution - Adopt. The Mayor was authorized to adopt
Resolution No.1891, implementing SSB 5173 relating to two unpaid holidays for city
employees for a reason of faith or conscience or an organized activity conducted under
the auspices of a religious denomination, church, or religious organization.
I. Excused Absence – Councilmember Dennis Higgins - Approve. The Mayor
was authorized to approve an excused absence for Councilmember Higgins as he is
unable to attend the City Council meeting of June 3, 2014.
OTHER BUSINESS
None.
BIDS
A. 2014 Asphalt Overlays - Approve
Tim LaPorte, Public Works Director noted that the City received three bids and ICON
Materials was the lowest bidder.
Council President Ralph moved to award the 2014 Asphalt Overlays bid to
ICON Materials in the amount of $1,606,002.50 and authorize the Mayor to
sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director, seconded by
Councilmember Fincher.
Council President Ralph communicated that this is the first sizeable project the City
has been able to do since 2007 and is excited to see this project starting.
A vote was taken on the motion on the table, which carried 5-0.
REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
A. Council President. Council President Ralph communicated that there were two
presentations at the workshop. The first was on the Sound Transit Light Rail and the
work will begin in about four years. She added that the second presentation was from
the Parks and Police Departments concerning their work together on crime prevention
in our community and parks. She thanked both departments for their efforts.
B. Mayor. Mayor Cooke handed out an invitation for a graduation barbecue party for
the Kent Parks and Youth With a Vision Program. She announced that the City
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Kent City Council Meeting Minutes June 3, 2014
received a plaque from the Gurudhwara Singh Sabha of Washington for the Khalsa
celebration at the ShoWare Center. She stated that she also has received a request
from Taipei, Taiwan for Kent high school students to participate in a cultural exchange
program with them. Mayor Cooke said she received a letter of appreciation from the
Consulate General of Japan and is meeting with the Consulate General from Spain this
week concerning the possible locating of a Spanish company here. She highlighted that
Kent is the home of Washington First Robotics, the leading Washington State
organization for robotics and interested in ways to connect Kent youth with the
robotics industry. Mayor Cooke continued and noted that Consejo Counseling and
Referral Service is applying for a federal grant for youth violence prevention.
C. Administration. No report.
D. Economic & Community Development Committee. In the minutes.
E. Operations Committee. In the minutes.
F. Parks and Human Services Committee. No report.
G. Public Safety Committee. Council President Ralph announced that the next
Public Safety Committee meeting is June 10.
H. Public Works Committee. Council President Ralph noted that the Committee met
yesterday and accepted a grant for salmon habitat recovery projects along the Green
River. She stated that they also talked about supplementing low flow in the Green
River for salmon habitat through a partnership with Tacoma. The next Public Works
Committee meeting is on June 17.
I. Regional Fire Authority. Councilmember Thomas announced that the next
Regional Fire Authority meeting is on June 18 at Station 78.
EXECUTIVE SESSION
None.
ACTION AFTER EXECUTIVE SESSION
None.
ADJOURNMENT
The meeting adjourned at 7:38 p.m.
Ronald F. Moore, MMC
City Clerk
4
Agenda Item: Consent Calendar – 7C
TO: City Council
DATE: June 17, 2014
SUBJECT: Oil Trains, Resolution - Adopt
SUMMARY: Train traffic, specifically oil train traffic, is anticipated to increase through
the City of Kent on the Burlington Northern Railroad Line in the coming years. The oil
is coming from the Bakken formation in North Dakota. Oil from this source is more
explosive than normal which prompted the Federal Pipeline and Hazardous Materials
Safety Administration to issue a major safety alert in January 2014.
Given past derailments in the United States and Canada, including three in 2013 and
another in 2014, concern about potential impacts of oil trains in the Puget Sound
Region has been a serious concern. As such, communities are encouraging federal
regulatory agencies to create safety regulations to reduce the potential impacts to
communities including Kent. This resolution helps identify for applicable agencies
Kent’s concerns and authorizes the Mayor to carry out directives as described in the
resolution.
EXHIBIT(S): Resolution No._____
RECOMMENDED BY: Public Works Committee
YEA: N/A NAY: N/A
This item will be introduced to the Public Works Committee on June 16, 2014.
BUDGET IMPACTS: N/A
MOTION: Authorize the Mayor to sign Resolution No. ____ seeking to
protect the health, safety, and economic well-being of our local citizens
and natural resources from the potential impact of increased crude oil
traffic passing through Kent.
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RESOLUTION NO. ___________
A RESOLUTION of the City Council of the
City of Kent, Washington, seeking to protect the
health, safety, and economic well-being of our local
citizens and our natural resources from the
potential impact of increased crude oil rail traffic
passing through the City of Kent.
RECITALS
A. The City Council of the City of Kent, Washington is committed
to the protection of its citizens, as well as the natural resources on which
the City depends.
B. The City of Kent is the sixth largest city in the State of
Washington with over 119,000 residents. The City holds the fourth largest
Industrial and Warehouse Distribution Center in the nation and is the
second largest on the west coast.
C. Rail infrastructure in Western Washington that runs through
and in Kent crosses the Green River, habitat to ESA listed salmonid
species.
D. The City Council is concerned about the potential impacts on
public safety and economic disruption from a possible derailment and spill
of crude oil as trains run through Kent and the surrounding area.
1 Crude Oil Rail Traffic
Resolution
E. The City of Kent has eight at-grade crossings on the BNSF
line, most of which are in the downtown urban center. The combined daily
traffic on these eight cross streets is roughly 100,000 vehicles. The City
Council is concerned about the mobility and safety impacts from increases
in rail traffic, which will increase delay to Fire Department and Police
personnel responding to emergency calls, and to medical transport vehicles
moving patients to area hospitals.
F. The Federal Pipeline and Hazardous Materials Safety
Administration (PHMSA) issued a major safety alert on January 2, 2014,
declaring that oil obtained in the Bakken Shale is more explosive. As
illustrated by the 2013 derailment of an oil-carrying train in Quebec, which
killed 40 people, destroyed thirty buildings, and required evacuation of
1,000 people, and by derailments in North Dakota, New Brunswick, and
Washington, derailments, spills, and fires can have catastrophic impacts on
communities, their residents, and the environment.
G. State of Washington and King County officials are beginning to
review three new oil-terminal projects that could bring millions of gallons of
crude oil per day through the state, the largest of which is proposed to be
at the Port of Vancouver and could handle as much as 380,000 barrels of
crude oil per day.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Environmental Review. The Kent City Council
strongly requests the potential impacts to Kent’s public safety, water
resources, environment, economy, and traffic be studied by the agencies
2 Crude Oil Rail Traffic
Resolution
conducting all environmental reviews, and request that Kent be included in
any environmental impact statements pertaining to any project that may
cause increase in associated oil rail traffic traveling through Kent.
SECTION 2. – Creation of Federal Guidelines. The Kent City Council
supports the creation of clear Federal guidelines for tracking the chemical
composition of transported fuels so that local governments, citizens, and
first responders can better understand and plan for the risks associated
with the specific type of fuel flowing through or to their communities.
SECTION 3. – Federal Safety Regulations. The Kent City Council
requests that the Federal Government immediately implement safety
regulations regarding older tank cars, train speeds, and other identified
hazards associated with flammable crude oil.
SECTION 4. – State Safety Regulations. The Kent City Council
urges the Washington State Legislature to adopt legislation promoting rail
safety, especially along transportation routes used in the transport of oil;
and calls for Washington State to coordinate state/governmental agencies
to study rail-related safety preparedness and capacity to respond to an
accident involving railcars transporting oil.
SECTION 5. – Authorization to Implement. The Mayor is authorized
to implement such administrative procedures as may be necessary to carry
out the directives of this legislation, including reviewing and commenting
on the public emergency response and evacuation plans in the case of a
derailment of an oil train.
SECTION 6. - Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
3 Crude Oil Rail Traffic
Resolution
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
SECTION 7. – Ratification. Any act consistent with the authority
and prior to the effective date of this resolution is hereby ratified and
affirmed.
SECTION 8. – Effective Date. This resolution shall take effect
immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the
City of Kent, Washington, this day of ____________, 2014.
CONCURRED in by the Mayor of the City of Kent this ______ day of
__________________, 2014.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
PAT FITZPATRICK, ACTING CITY ATTORNEY
P:\Civil\Resolution\Oil Trains Resolution.Docx
4 Crude Oil Rail Traffic
Resolution
Agenda Item: Consent Calendar – 7D
TO: City Council
DATE: June 17, 2014
SUBJECT: Public Works Agreement with Petersen Brothers for Emergency
Guardrail Services - Authorize
SUMMARY: The City typically has several guardrails that are damaged or destroyed
each year by vehicles due to severe weather or inattentive drivers. On January 27,
2014, the Public Works Committee approved entering into a $20,000 contract with
Peterson Brothers Construction for ‘on-call’ guardrail repairs. Approximately $18,000
has been spent to date to repair guardrails. In general, the cost of annual guardrail
repairs is $20,000 or less; however, this year we will likely exceed that amount. We
have not identified the reason for the increase in damage other than the wetter than
normal spring weather. We continue to seek restitution from the drivers that cause
damage; however, the majority of the damage is hit and run.
EXHIBIT(S): Public Works Agreement with Petersen Brothers Construction, Inc.
RECOMMENDED BY: Public Works Committee
YEA: Ralph, Fincher, Higgins NAY:
BUDGET IMPACTS: Funds are budgeted in the street operating budget for guardrail
repairs.
MOTION: Authorize the Mayor to sign a Public Works Agreement with
Petersen Brothers Construction, Inc. to perform repairs of damaged
guardrails on an as needed basis, in an amount not to exceed $20,000,
subject to the final terms and conditions acceptable to the City Attorney
and Public Works Director.
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PUBLIC WORKS AGREEMENT - 1
(Roadway/Pedestrian Path - Over $10K, under $50K, and Performance Bond)
PUBLIC WORKS AGREEMENT
between City of Kent and
Petersen Brothers, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Petersen Brothers, Inc. organized under the laws of the
State of Washington, located and doing business at 2008 East Valley Highway, Sumner, WA
98390, Phone: (253) 833-2544/Fax: (253) 863-5951, Contact: Ronald Petersen (hereinafter the
"Contractor").
AGREEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Contractor shall repair damaged guardrail on an on-call basis. Upon nofication,
the Contractor agrees to submit a proposal for each guardrail repair to the City. The
City will evaluate each proposal and approve the work prior to commencement of
work. For a description, see the Scope of Work which is attached as Exhibit A and
incorporated by this reference.
Contractor further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time such services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon execution of this Agreement. Upon the effective
date of this Agreement, Contractor shall complete the work described in Section I by December
31, 2014.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
Twenty Thousand Dollars ($20,000.00). Applicable Washington State Retail Sales Tax on this
contract shall be governed by WAC 458-20-171 and its related rules for the work contemplated
in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the
portion of the work described in the invoice that has been completed by the Contractor and
approved by the City. The City’s payment shall not constitute a waiver of the City’s right to final
inspection and acceptance of the project.
PUBLIC WORKS AGREEMENT - 2
(Roadway/Pedestrian Path - Over $10K, under $50K, and Performance Bond)
A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the
Contractor, shall provide the City a payment and performance bond for the
full contract amount.
B. Retainage. The City shall hold back a retainage in the amount of five percent
(5%) of any and all payments made to contractor for a period of sixty (60)
days after the date of final acceptance, or until receipt of all necessary
releases from the State Department of Revenue, the State Department of
Labor & Industries, and the State Employment Security Department, and
until settlement of any liens filed under Chapter 60.28 RCW, whichever is
later. The amount retained shall be placed in a fund by the City pursuant to
RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within
fourteen (14) calendar days of Contractor’s signature on the Agreement.
C. Defective or Unauthorized Work. The City reserves its right to withhold
payment from Contractor for any defective or unauthorized work. Defective
or unauthorized work includes, without limitation: work and materials that
do not conform to the requirements of this Agreement; and extra work and
materials furnished without the City’s written approval. If Contractor is
unable, for any reason, to satisfactorily complete any portion of the work, the
City may complete the work by contract or otherwise, and Contractor shall be
liable to the City for any additional costs incurred by the City. “Additional
costs” shall mean all reasonable costs, including legal costs and attorney
fees, incurred by the City beyond the maximum Contract price specified
above. The City further reserves its right to deduct the cost to complete the
Contract work, including any Additional Costs, from any and all amounts due
or to become due the Contractor.
D. Final Payment: Waiver of Claims. THE CONTRACTOR’S ACCEPTANCE OF
FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A
WAIVER OF CONTRACTOR’S CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE
TIME FINAL PAYMENT IS MADE AND ACCEPTED.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Contractor has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Contractor maintains and pays for its own place of business from which
Contractor’s services under this Agreement will be performed.
C. The Contractor has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Contractor’s services and is a service other than that
furnished by the City, or the Contractor is engaged in an independently
established trade, occupation, profession, or business of the same nature as
that involved under this Agreement.
PUBLIC WORKS AGREEMENT - 3
(Roadway/Pedestrian Path - Over $10K, under $50K, and Performance Bond)
D. The Contractor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Contractor has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Contractor’s business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW
or an electrical contractor license pursuant to Ch. 19.28 RCW.
G. The Contractor maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. The City may terminate this Agreement for good cause. “Good
cause” shall include, without limitation, any one or more of the following events:
A. The Contractor’s refusal or failure to supply a sufficient number of properly
skilled workers or proper materials for completion of the Contract work.
B. The Contractor’s failure to complete the work within the time specified in this
Agreement.
C. The Contractor’s failure to make full and prompt payment to subcontractors
or for material or labor.
D. The Contractor’s persistent disregard of federal, state or local laws, rules or
regulations.
E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt.
F. The Contractor’s breach of any portion of this Agreement.
If the City terminates this Agreement for good cause, the Contractor shall not receive any
further money due under this Agreement until the Contract work is completed. After
termination, the City may take possession of all records and data within the Contractor’s
possession pertaining to this project which may be used by the City without restriction.
VI. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay
Prevailing Wages,” with the State of Washington Department of Labor & Industries prior to
commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the
bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code
of Washington, as well as any other applicable prevailing wage rate provisions. The latest
prevailing wage rate revision issued by the Department of Labor and Industries is attached.
VII. CHANGES. The City may issue a written change order for any change in the
Contract work during the performance of this Agreement. If the Contractor determines, for any
reason, that a change order is necessary, Contractor must submit a written change order
request to the person listed in the notice provision section of this Agreement, section XV(D),
within fourteen (14) calendar days of the date Contractor knew or should have known of the
PUBLIC WORKS AGREEMENT - 4
(Roadway/Pedestrian Path - Over $10K, under $50K, and Performance Bond)
facts and events giving rise to the requested change. If the City determines that the change
increases or decreases the Contractor's costs or time for performance, the City will make an
equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Contractor on all equitable adjustments. However, if the parties are unable to agree, the City
will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed
with the change order work upon receiving either a written change order from the City or an oral
order from the City before actually receiving the written change order. If the Contractor fails to
require a change order within the time specified in this paragraph, the Contractor waives its
right to make any claim or submit subsequent change order requests for that portion of the
contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must
complete the change order work; however, the Contractor may elect to protest the adjustment
as provided in subsections A through E of Section VIII, Claims, below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2)
writing a separate acceptance, or (3) not protesting in the way this section provides. A change
order that is accepted by Contractor as provided in this section shall constitute full payment and
final settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VIII. CLAIMS. If the Contractor disagrees with anything required by a change order,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Contractor may file a claim as provided in this
section. The Contractor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Contractor knew or should have known of the facts or events
giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for
any reason, or extension of time, whether under this Agreement or otherwise, shall be
conclusively deemed to have been waived by the Contractor unless a timely written claim is
made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Contractor is asserting a schedule change or
disruption.
PUBLIC WORKS AGREEMENT - 5
(Roadway/Pedestrian Path - Over $10K, under $50K, and Performance Bond)
B. Records. The Contractor shall keep complete records of extra costs and time
incurred as a result of the asserted events giving rise to the claim. The City shall
have access to any of the Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the
Contractor shall proceed promptly to provide the goods, materials and services
required by the City under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Contractor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Contractor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY
LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR
DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR’S ABILITY TO
FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY
APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the
City a one-year warranty bond in a form and amount acceptable to the City. The Contractor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City’s acceptance of the Contract work. In the event any parts are repaired or replaced, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Contractor shall begin
to correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Contractor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Contractor shall pay all
costs incurred by the City in order to accomplish the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on
behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
PUBLIC WORKS AGREEMENT - 6
(Roadway/Pedestrian Path - Over $10K, under $50K, and Performance Bond)
XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Contractor's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Contractor's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor
and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Contractor refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Contractor’s part, then Contractor shall pay all the City’s costs for defense, including all
reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and
fees incurred because there was a wrongful refusal on the Contractor’s part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
PUBLIC WORKS AGREEMENT - 7
(Roadway/Pedestrian Path - Over $10K, under $50K, and Performance Bond)
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties’ performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Contractor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
PUBLIC WORKS AGREEMENT - 8
(Roadway/Pedestrian Path - Over $10K, under $50K, and Performance Bond)
J. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONTRACTOR:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONTRACTOR:
Ronald Petersen
Petersen Brothers, Inc.
2008 East Valley Highway
Sumner, WA 98390
(253) 833-2544 (telephone)
(253) 863-5951 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Petersen Brothers - 2014 On-call Guardrail 2/Thomas
EEO COMPLIANCE DOCUMENTS - 1
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: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EEO COMPLIANCE DOCUMENTS - 2
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 - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EXHIBIT A
Scope of Work:
The contractor shall, upon notice from the City, submit a proposal for guardrail
repair. The repairs may vary in nature and price depending on the location and
severity of the damage. Each quote shall contain an itemized list of materials to be
replaced along with labor and equipment. The City will evaluate each proposal and
accept or reject it, notifying the contractor of its decision. The total amount
authorized for this agreement shall not exceed $20,000, including Washington State
sales tax.
EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Contractor’s Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
2. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $2,000,000 products-completed operations
aggregate limit.
2. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $2,000,000 per
accident.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor’s
insurance and shall not contribute with it.
2. The Contractor’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the contractor and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Contractor’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability. D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
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:
05/29/2014
County Trade Job Classification Wage HolidayOvertime 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 Mason Journey Level $50.12 5A 1M
King Brick Mason Pointer-Caulker-Cleaner $50.12 5A 1M
King Building Service Employees Janitor $20.59 5S 2F
King Building Service Employees Traveling Waxer/Shampooer $21.00 5S 2F
King Building Service Employees Window Cleaner (Non-Scaffold) $24.29 5S 2F
King Building Service Employees Window Cleaner (Scaffold) $25.15 5S 2F
King Cabinet Makers (In Shop) Journey Level $22.74 1
King Carpenters Acoustical Worker $50.82 5D 1M
King Carpenters Bridge, Dock And Wharf
Carpenters
$50.82 5D 1M
King Carpenters Carpenter $50.82 5D 1M
King Carpenters Carpenters on Stationary Tools $50.95 5D 1M
King Carpenters Creosoted Material $50.92 5D 1M
King Carpenters Floor Finisher $50.82 5D 1M
King Carpenters Floor Layer $50.82 5D 1M
King Carpenters Scaffold Erector $50.82 5D 1M
King Cement Masons Journey Level $51.18 7A 1M
King Divers & Tenders Diver $105.37 5D 1M 8A
King Divers & Tenders Diver On Standby $59.50 5D 1M
King Divers & Tenders Diver Tender $54.82 5D 1M
King Divers & Tenders Surface Rcv & Rov Operator $54.82 5D 1M
King Divers & Tenders Surface Rcv & Rov Operator
Tender
$51.07 5A 1B
King Dredge Workers Assistant Engineer $53.00 5D 3F
King Dredge Workers Assistant Mate (Deckhand) $52.58 5D 3F
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King Dredge Workers Boatmen $52.30 5D 3F
King Dredge Workers Engineer Welder $54.04 5D 3F
King Dredge Workers Leverman, Hydraulic $55.17 5D 3F
King Dredge Workers Mates $52.30 5D 3F
King Dredge Workers Oiler $52.58 5D 3F
King Drywall Applicator Journey Level $50.82 5D 1H
King Drywall Tapers Journey Level $50.87 5P 1E
King Electrical Fixture Maintenance
Workers
Journey Level $25.84 5L 1E
King Electricians - Inside 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 Electricians - Inside Construction Stock Person $35.69 7C 2W
King Electricians - Inside Journey Level $61.30 7C 2W
King Electricians - Inside Journey Level (tunnel) $65.69 7C 2W
King Electricians - Motor Shop Craftsman $15.37 1
King Electricians - Motor Shop Journey Level $14.69 1
King Electricians - Powerline
Construction
Cable Splicer $68.33 5A 4A
King Electricians - Powerline
Construction
Certified Line Welder $62.50 5A 4A
King Electricians - Powerline
Construction
Groundperson $42.56 5A 4A
King Electricians - Powerline
Construction
Heavy Line Equipment
Operator
$62.50 5A 4A
King Electricians - Powerline
Construction
Journey Level Lineperson $62.50 5A 4A
King Electricians - Powerline
Construction
Line Equipment Operator $52.47 5A 4A
King Electricians - Powerline
Construction
Pole Sprayer $62.50 5A 4A
King Electricians - Powerline
Construction
Powderperson $46.55 5A 4A
King Electronic Technicians Journey Level $31.00 1
King Elevator Constructors Mechanic $80.14 7D 4A
King Elevator Constructors Mechanic In Charge $86.77 7D 4A
King Fabricated Precast Concrete
Products
All Classifications - In-Factory
Work Only
$15.25 5B 1R
King Fence Erectors Fence Erector $15.18 1
King Flaggers Journey Level $35.34 7A 3I
King Glaziers Journey Level $53.76 7L 1Y
King Heat & Frost Insulators And
Asbestos Workers
Journeyman $58.93 5J 1S
King Heating Equipment Mechanics Journey Level $69.37 7F 1E
King Hod Carriers & Mason Tenders Journey Level $42.99 7A 3I
King Industrial Power Vacuum Journey Level $9.32 1
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Cleaner
King Inland Boatmen Boat Operator $54.57 5B 1K
King Inland Boatmen Cook $50.95 5B 1K
King Inland Boatmen Deckhand $51.19 5B 1K
King Inland Boatmen Deckhand Engineer $52.18 5B 1K
King Inland Boatmen Launch Operator $53.40 5B 1K
King Inland Boatmen Mate $53.40 5B 1K
King Inspection/Cleaning/Sealing Of
Sewer & Water Systems By
Remote Control
Cleaner Operator, Foamer
Operator
$31.49 1
King Inspection/Cleaning/Sealing Of
Sewer & Water Systems By
Remote Control
Grout Truck Operator $11.48 1
King Inspection/Cleaning/Sealing Of
Sewer & Water Systems By
Remote Control
Head Operator $24.91 1
King Inspection/Cleaning/Sealing Of
Sewer & Water Systems By
Remote Control
Technician $19.33 1
King Inspection/Cleaning/Sealing Of
Sewer & Water Systems By
Remote Control
Tv Truck Operator $20.45 1
King Insulation Applicators Journey Level $50.82 5D 1M
King Ironworkers Journeyman $59.77 7N 1O
King Laborers Air, Gas Or Electric Vibrating
Screed
$41.69 7A 3I
King Laborers Airtrac Drill Operator $42.99 7A 3I
King Laborers Ballast Regular Machine $41.69 7A 3I
King Laborers Batch Weighman $35.34 7A 3I
King Laborers Brick Pavers $41.69 7A 3I
King Laborers Brush Cutter $41.69 7A 3I
King Laborers Brush Hog Feeder $41.69 7A 3I
King Laborers Burner $41.69 7A 3I
King Laborers Caisson Worker $42.99 7A 3I
King Laborers Carpenter Tender $41.69 7A 3I
King Laborers Caulker $41.69 7A 3I
King Laborers Cement Dumper-paving $42.46 7A 3I
King Laborers Cement Finisher Tender $41.69 7A 3I
King Laborers Change House Or Dry Shack $41.69 7A 3I
King Laborers Chipping Gun (under 30 Lbs.) $41.69 7A 3I
King Laborers Chipping Gun(30 Lbs. And
Over)
$42.46 7A 3I
King Laborers Choker Setter $41.69 7A 3I
King Laborers Chuck Tender $41.69 7A 3I
King Laborers Clary Power Spreader $42.46 7A 3I
King Laborers Clean-up Laborer $41.69 7A 3I
King Laborers Concrete Dumper/chute $42.46 7A 3I
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Operator
King Laborers Concrete Form Stripper $41.69 7A 3I
King Laborers Concrete Placement Crew $42.46 7A 3I
King Laborers Concrete Saw Operator/core
Driller
$42.46 7A 3I
King Laborers Crusher Feeder $35.34 7A 3I
King Laborers Curing Laborer $41.69 7A 3I
King Laborers Demolition: Wrecking & Moving
(incl. Charred Material)
$41.69 7A 3I
King Laborers Ditch Digger $41.69 7A 3I
King Laborers Diver $42.99 7A 3I
King Laborers Drill Operator
(hydraulic,diamond)
$42.46 7A 3I
King Laborers Dry Stack Walls $41.69 7A 3I
King Laborers Dump Person $41.69 7A 3I
King Laborers Epoxy Technician $41.69 7A 3I
King Laborers Erosion Control Worker $41.69 7A 3I
King Laborers Faller & Bucker Chain Saw $42.46 7A 3I
King Laborers Fine Graders $41.69 7A 3I
King Laborers Firewatch $35.34 7A 3I
King Laborers Form Setter $41.69 7A 3I
King Laborers Gabian Basket Builders $41.69 7A 3I
King Laborers General Laborer $41.69 7A 3I
King Laborers Grade Checker & Transit
Person
$42.99 7A 3I
King Laborers Grinders $41.69 7A 3I
King Laborers Grout Machine Tender $41.69 7A 3I
King Laborers Groutmen (pressure)including
Post Tension Beams
$42.46 7A 3I
King Laborers Guardrail Erector $41.69 7A 3I
King Laborers Hazardous Waste Worker (level
A)
$42.99 7A 3I
King Laborers Hazardous Waste Worker (level
B)
$42.46 7A 3I
King Laborers Hazardous Waste Worker (level
C)
$41.69 7A 3I
King Laborers High Scaler $42.99 7A 3I
King Laborers Jackhammer $42.46 7A 3I
King Laborers Laserbeam Operator $42.46 7A 3I
King Laborers Maintenance Person $41.69 7A 3I
King Laborers Manhole Builder-mudman $42.46 7A 3I
King Laborers Material Yard Person $41.69 7A 3I
King Laborers Motorman-dinky Locomotive $42.46 7A 3I
King Laborers Nozzleman (concrete Pump,
Green Cutter When Using
Combination Of High Pressure
Air & Water On Concrete &
$42.46 7A 3I
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Rock, Sandblast, Gunite,
Shotcrete, Water Bla
King Laborers Pavement Breaker $42.46 7A 3I
King Laborers Pilot Car $35.34 7A 3I
King Laborers Pipe Layer Lead $42.99 7A 3I
King Laborers Pipe Layer/tailor $42.46 7A 3I
King Laborers Pipe Pot Tender $42.46 7A 3I
King Laborers Pipe Reliner $42.46 7A 3I
King Laborers Pipe Wrapper $42.46 7A 3I
King Laborers Pot Tender $41.69 7A 3I
King Laborers Powderman $42.99 7A 3I
King Laborers Powderman's Helper $41.69 7A 3I
King Laborers Power Jacks $42.46 7A 3I
King Laborers Railroad Spike Puller - Power $42.46 7A 3I
King Laborers Raker - Asphalt $42.99 7A 3I
King Laborers Re-timberman $42.99 7A 3I
King Laborers Remote Equipment Operator $42.46 7A 3I
King Laborers Rigger/signal Person $42.46 7A 3I
King Laborers Rip Rap Person $41.69 7A 3I
King Laborers Rivet Buster $42.46 7A 3I
King Laborers Rodder $42.46 7A 3I
King Laborers Scaffold Erector $41.69 7A 3I
King Laborers Scale Person $41.69 7A 3I
King Laborers Sloper (over 20") $42.46 7A 3I
King Laborers Sloper Sprayer $41.69 7A 3I
King Laborers Spreader (concrete) $42.46 7A 3I
King Laborers Stake Hopper $41.69 7A 3I
King Laborers Stock Piler $41.69 7A 3I
King Laborers Tamper & Similar Electric, Air
& Gas Operated Tools
$42.46 7A 3I
King Laborers Tamper (multiple & Self-
propelled)
$42.46 7A 3I
King Laborers Timber Person - Sewer (lagger,
Shorer & Cribber)
$42.46 7A 3I
King Laborers Toolroom Person (at Jobsite) $41.69 7A 3I
King Laborers Topper $41.69 7A 3I
King Laborers Track Laborer $41.69 7A 3I
King Laborers Track Liner (power) $42.46 7A 3I
King Laborers Traffic Control Laborer $37.79 7A 3I 8R
King Laborers Traffic Control Supervisor $37.79 7A 3I 8R
King Laborers Truck Spotter $41.69 7A 3I
King Laborers Tugger Operator $42.46 7A 3I
King Laborers Tunnel Work-Compressed Air
Worker 0-30 psi
$60.06 7A 3I 8Q
King Laborers Tunnel Work-Compressed Air $65.09 7A 3I 8Q
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Worker 30.01-44.00 psi
King Laborers Tunnel Work-Compressed Air
Worker 44.01-54.00 psi
$68.77 7A 3I 8Q
King Laborers Tunnel Work-Compressed Air
Worker 54.01-60.00 psi
$74.47 7A 3I 8Q
King Laborers Tunnel Work-Compressed Air
Worker 60.01-64.00 psi
$76.59 7A 3I 8Q
King Laborers Tunnel Work-Compressed Air
Worker 64.01-68.00 psi
$81.69 7A 3I 8Q
King Laborers Tunnel Work-Compressed Air
Worker 68.01-70.00 psi
$83.59 7A 3I 8Q
King Laborers Tunnel Work-Compressed Air
Worker 70.01-72.00 psi
$85.59 7A 3I 8Q
King Laborers Tunnel Work-Compressed Air
Worker 72.01-74.00 psi
$87.59 7A 3I 8Q
King Laborers Tunnel Work-Guage and Lock
Tender
$43.09 7A 3I 8Q
King Laborers Tunnel Work-Miner $43.09 7A 3I 8Q
King Laborers Vibrator $42.46 7A 3I
King Laborers Vinyl Seamer $41.69 7A 3I
King Laborers Watchman $32.12 7A 3I
King Laborers Welder $42.46 7A 3I
King Laborers Well Point Laborer $42.46 7A 3I
King Laborers Window Washer/cleaner $32.12 7A 3I
King Laborers - Underground Sewer
& Water
General Laborer & Topman $41.69 7A 3I
King Laborers - Underground Sewer
& Water
Pipe Layer $42.46 7A 3I
King Landscape Construction Irrigation Or Lawn Sprinkler
Installers
$13.56 1
King Landscape Construction Landscape Equipment
Operators Or Truck Drivers
$28.17 1
King Landscape Construction Landscaping or Planting
Laborers
$17.87 1
King Lathers Journey Level $50.82 5D 1H
King Marble Setters Journey Level $50.12 5A 1M
King Metal Fabrication (In Shop) Fitter $15.86 1
King Metal Fabrication (In Shop) Laborer $9.78 1
King Metal Fabrication (In Shop) Machine Operator $13.04 1
King Metal Fabrication (In Shop) Painter $11.10 1
King Metal Fabrication (In Shop) Welder $15.48 1
King Millwright Journey Level $51.92 5D 1M
King Modular Buildings Cabinet Assembly $11.56 1
King Modular Buildings Electrician $11.56 1
King Modular Buildings Equipment Maintenance $11.56 1
King Modular Buildings Plumber $11.56 1
King Modular Buildings Production Worker $9.40 1
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King Modular Buildings Tool Maintenance $11.56 1
King Modular Buildings Utility Person $11.56 1
King Modular Buildings Welder $11.56 1
King Painters Journey Level $37.80 6Z 2B
King Pile Driver Journey Level $51.07 5D 1M
King Plasterers Journey Level $49.29 7Q 1R
King Playground & Park Equipment
Installers
Journey Level $9.32 1
King Plumbers & Pipefitters Journey Level $73.69 6Z 1G
King Power Equipment Operators Asphalt Plant Operators $53.49 7A 3C 8P
King Power Equipment Operators Assistant Engineer $50.22 7A 3C 8P
King Power Equipment Operators Barrier Machine (zipper) $53.00 7A 3C 8P
King Power Equipment Operators Batch Plant Operator,
Concrete
$53.00 7A 3C 8P
King Power Equipment Operators Bobcat $50.22 7A 3C 8P
King Power Equipment Operators Brokk - Remote Demolition
Equipment
$50.22 7A 3C 8P
King Power Equipment Operators Brooms $50.22 7A 3C 8P
King Power Equipment Operators Bump Cutter $53.00 7A 3C 8P
King Power Equipment Operators Cableways $53.49 7A 3C 8P
King Power Equipment Operators Chipper $53.00 7A 3C 8P
King Power Equipment Operators Compressor $50.22 7A 3C 8P
King Power Equipment Operators Concrete Pump: Truck Mount
With Boom Attachment Over 42
M
$53.49 7A 3C 8P
King Power Equipment Operators Concrete Finish Machine -laser
Screed
$50.22 7A 3C 8P
King Power Equipment Operators Concrete Pump - Mounted Or
Trailer High Pressure Line
Pump, Pump High Pressure.
$52.58 7A 3C 8P
King Power Equipment Operators Concrete Pump: Truck Mount
With Boom Attachment Up To
42m
$53.00 7A 3C 8P
King Power Equipment Operators Conveyors $52.58 7A 3C 8P
King Power Equipment Operators Cranes: 20 Tons Through 44
Tons With Attachments
$53.00 7A 3C 8P
King Power Equipment Operators Cranes: 100 Tons Through 199
Tons, Or 150' Of Boom
(Including Jib With
Attachments)
$54.04 7A 3C 8P
King Power Equipment Operators Cranes: 200 Tons To 300 Tons,
Or 250' Of Boom (including Jib
With Attachments)
$54.61 7A 3C 8P
King Power Equipment Operators Cranes: 45 Tons Through 99
Tons, Under 150' Of Boom
(including Jib With
Attachments)
$53.49 7A 3C 8P
King Power Equipment Operators Cranes: A-frame - 10 Tons And
Under
$50.22 7A 3C 8P
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King Power Equipment Operators Cranes: Friction 100 Tons
Through 199 Tons
$54.61 7A 3C 8P
King Power Equipment Operators Cranes: Friction Over 200 Tons $55.17 7A 3C 8P
King Power Equipment Operators Cranes: Over 300 Tons Or 300'
Of Boom (including Jib With
Attachments)
$55.17 7A 3C 8P
King Power Equipment Operators Cranes: Through 19 Tons With
Attachments A-frame Over 10
Tons
$52.58 7A 3C 8P
King Power Equipment Operators Crusher $53.00 7A 3C 8P
King Power Equipment Operators Deck Engineer/deck Winches
(power)
$53.00 7A 3C 8P
King Power Equipment Operators Derricks, On Building Work $53.49 7A 3C 8P
King Power Equipment Operators Dozers D-9 & Under $52.58 7A 3C 8P
King Power Equipment Operators Drill Oilers: Auger Type, Truck
Or Crane Mount
$52.58 7A 3C 8P
King Power Equipment Operators Drilling Machine $53.00 7A 3C 8P
King Power Equipment Operators Elevator And Man-lift:
Permanent And Shaft Type
$50.22 7A 3C 8P
King Power Equipment Operators Finishing Machine, Bidwell And
Gamaco & Similar Equipment
$53.00 7A 3C 8P
King Power Equipment Operators Forklift: 3000 Lbs And Over
With Attachments
$52.58 7A 3C 8P
King Power Equipment Operators Forklifts: Under 3000 Lbs. With
Attachments
$50.22 7A 3C 8P
King Power Equipment Operators Grade Engineer: Using Blue
Prints, Cut Sheets, Etc
$53.00 7A 3C 8P
King Power Equipment Operators Gradechecker/stakeman $50.22 7A 3C 8P
King Power Equipment Operators Guardrail Punch $53.00 7A 3C 8P
King Power Equipment Operators Hard Tail End Dump
Articulating Off- Road
Equipment 45 Yards. & Over
$53.49 7A 3C 8P
King Power Equipment Operators Hard Tail End Dump
Articulating Off-road
Equipment Under 45 Yards
$53.00 7A 3C 8P
King Power Equipment Operators Horizontal/directional Drill
Locator
$52.58 7A 3C 8P
King Power Equipment Operators Horizontal/directional Drill
Operator
$53.00 7A 3C 8P
King Power Equipment Operators Hydralifts/boom Trucks Over
10 Tons
$52.58 7A 3C 8P
King Power Equipment Operators Hydralifts/boom Trucks, 10
Tons And Under
$50.22 7A 3C 8P
King Power Equipment Operators Loader, Overhead 8 Yards. &
Over
$54.04 7A 3C 8P
King Power Equipment Operators Loader, Overhead, 6 Yards. But
Not Including 8 Yards
$53.49 7A 3C 8P
King Power Equipment Operators Loaders, Overhead Under 6
Yards
$53.00 7A 3C 8P
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King Power Equipment Operators Loaders, Plant Feed $53.00 7A 3C 8P
King Power Equipment Operators Loaders: Elevating Type Belt $52.58 7A 3C 8P
King Power Equipment Operators Locomotives, All $53.00 7A 3C 8P
King Power Equipment Operators Material Transfer Device $53.00 7A 3C 8P
King Power Equipment Operators Mechanics, All (leadmen -
$0.50 Per Hour Over Mechanic)
$54.04 7A 3C 8P
King Power Equipment Operators Motor Patrol Grader - Non-
finishing
$52.58 7A 3C 8P
King Power Equipment Operators Motor Patrol Graders, Finishing $53.49 7A 3C 8P
King Power Equipment Operators Mucking Machine, Mole, Tunnel
Drill, Boring, Road Header
And/or Shield
$53.49 7A 3C 8P
King Power Equipment Operators Oil Distributors, Blower
Distribution & Mulch Seeding
Operator
$50.22 7A 3C 8P
King Power Equipment Operators Outside Hoists (elevators And
Manlifts), Air Tuggers,strato
$52.58 7A 3C 8P
King Power Equipment Operators Overhead, Bridge Type Crane:
20 Tons Through 44 Tons
$53.00 7A 3C 8P
King Power Equipment Operators Overhead, Bridge Type: 100
Tons And Over
$54.04 7A 3C 8P
King Power Equipment Operators Overhead, Bridge Type: 45
Tons Through 99 Tons
$53.49 7A 3C 8P
King Power Equipment Operators Pavement Breaker $50.22 7A 3C 8P
King Power Equipment Operators Pile Driver (other Than Crane
Mount)
$53.00 7A 3C 8P
King Power Equipment Operators Plant Oiler - Asphalt, Crusher $52.58 7A 3C 8P
King Power Equipment Operators Posthole Digger, Mechanical $50.22 7A 3C 8P
King Power Equipment Operators Power Plant $50.22 7A 3C 8P
King Power Equipment Operators Pumps - Water $50.22 7A 3C 8P
King Power Equipment Operators Quad 9, Hd 41, D10 And Over $53.49 7A 3C 8P
King Power Equipment Operators Quick Tower - No Cab, Under
100 Feet In Height Based To
Boom
$50.22 7A 3C 8P
King Power Equipment Operators Remote Control Operator On
Rubber Tired Earth Moving
Equipment
$53.49 7A 3C 8P
King Power Equipment Operators Rigger And Bellman $50.22 7A 3C 8P
King Power Equipment Operators Rollagon $53.49 7A 3C 8P
King Power Equipment Operators Roller, Other Than Plant Mix $50.22 7A 3C 8P
King Power Equipment Operators Roller, Plant Mix Or Multi-lift
Materials
$52.58 7A 3C 8P
King Power Equipment Operators Roto-mill, Roto-grinder $53.00 7A 3C 8P
King Power Equipment Operators Saws - Concrete $52.58 7A 3C 8P
King Power Equipment Operators Scraper, Self Propelled Under
45 Yards
$53.00 7A 3C 8P
King Power Equipment Operators Scrapers - Concrete & Carry All $52.58 7A 3C 8P
King Power Equipment Operators Scrapers, Self-propelled: 45 $53.49 7A 3C 8P
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Yards And Over
King Power Equipment Operators Service Engineers - Equipment $52.58 7A 3C 8P
King Power Equipment Operators Shotcrete/gunite Equipment $50.22 7A 3C 8P
King Power Equipment Operators Shovel , Excavator, Backhoe,
Tractors Under 15 Metric Tons.
$52.58 7A 3C 8P
King Power Equipment Operators Shovel, Excavator, Backhoe:
Over 30 Metric Tons To 50
Metric Tons
$53.49 7A 3C 8P
King Power Equipment Operators Shovel, Excavator, Backhoes,
Tractors: 15 To 30 Metric Tons
$53.00 7A 3C 8P
King Power Equipment Operators Shovel, Excavator, Backhoes:
Over 50 Metric Tons To 90
Metric Tons
$54.04 7A 3C 8P
King Power Equipment Operators Shovel, Excavator, Backhoes:
Over 90 Metric Tons
$54.61 7A 3C 8P
King Power Equipment Operators Slipform Pavers $53.49 7A 3C 8P
King Power Equipment Operators Spreader, Topsider &
Screedman
$53.49 7A 3C 8P
King Power Equipment Operators Subgrader Trimmer $53.00 7A 3C 8P
King Power Equipment Operators Tower Bucket Elevators $52.58 7A 3C 8P
King Power Equipment Operators Tower Crane Over 175'in
Height, Base To Boom
$54.61 7A 3C 8P
King Power Equipment Operators Tower Crane Up To 175' In
Height Base To Boom
$54.04 7A 3C 8P
King Power Equipment Operators Transporters, All Track Or
Truck Type
$53.49 7A 3C 8P
King Power Equipment Operators Trenching Machines $52.58 7A 3C 8P
King Power Equipment Operators Truck Crane Oiler/driver - 100
Tons And Over
$53.00 7A 3C 8P
King Power Equipment Operators Truck Crane Oiler/driver Under
100 Tons
$52.58 7A 3C 8P
King Power Equipment Operators Truck Mount Portable Conveyor $53.00 7A 3C 8P
King Power Equipment Operators Welder $53.49 7A 3C 8P
King Power Equipment Operators Wheel Tractors, Farmall Type $50.22 7A 3C 8P
King Power Equipment Operators Yo Yo Pay Dozer $53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Asphalt Plant Operators $53.49 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Assistant Engineer $50.22 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Barrier Machine (zipper) $53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Batch Plant Operator,
Concrete
$53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Bobcat $50.22 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Brokk - Remote Demolition
Equipment
$50.22 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Brooms $50.22 7A 3C 8P
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King Power Equipment Operators-
Underground Sewer & Water
Bump Cutter $53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Cableways $53.49 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Chipper $53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Compressor $50.22 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Concrete Pump: Truck Mount
With Boom Attachment Over 42
M
$53.49 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Concrete Finish Machine -laser
Screed
$50.22 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Concrete Pump - Mounted Or
Trailer High Pressure Line
Pump, Pump High Pressure.
$52.58 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Concrete Pump: Truck Mount
With Boom Attachment Up To
42m
$53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Conveyors $52.58 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Cranes: 20 Tons Through 44
Tons With Attachments
$53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Cranes: 100 Tons Through 199
Tons, Or 150' Of Boom
(Including Jib With
Attachments)
$54.04 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Cranes: 200 Tons To 300 Tons,
Or 250' Of Boom (including Jib
With Attachments)
$54.61 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Cranes: 45 Tons Through 99
Tons, Under 150' Of Boom
(including Jib With
Attachments)
$53.49 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Cranes: A-frame - 10 Tons And
Under
$50.22 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Cranes: Friction 100 Tons
Through 199 Tons
$54.61 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Cranes: Friction Over 200 Tons $55.17 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Cranes: Over 300 Tons Or 300'
Of Boom (including Jib With
Attachments)
$55.17 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Cranes: Through 19 Tons With
Attachments A-frame Over 10
Tons
$52.58 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Crusher $53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Deck Engineer/deck Winches
(power)
$53.00 7A 3C 8P
King Power Equipment Operators- Derricks, On Building Work $53.49 7A 3C 8P
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Underground Sewer & Water
King Power Equipment Operators-
Underground Sewer & Water
Dozers D-9 & Under $52.58 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Drill Oilers: Auger Type, Truck
Or Crane Mount
$52.58 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Drilling Machine $53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Elevator And Man-lift:
Permanent And Shaft Type
$50.22 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Finishing Machine, Bidwell And
Gamaco & Similar Equipment
$53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Forklift: 3000 Lbs And Over
With Attachments
$52.58 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Forklifts: Under 3000 Lbs. With
Attachments
$50.22 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Grade Engineer: Using Blue
Prints, Cut Sheets, Etc
$53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Gradechecker/stakeman $50.22 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Guardrail Punch $53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Hard Tail End Dump
Articulating Off- Road
Equipment 45 Yards. & Over
$53.49 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Hard Tail End Dump
Articulating Off-road
Equipment Under 45 Yards
$53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Horizontal/directional Drill
Locator
$52.58 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Horizontal/directional Drill
Operator
$53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Hydralifts/boom Trucks Over
10 Tons
$52.58 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Hydralifts/boom Trucks, 10
Tons And Under
$50.22 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Loader, Overhead 8 Yards. &
Over
$54.04 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Loader, Overhead, 6 Yards. But
Not Including 8 Yards
$53.49 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Loaders, Overhead Under 6
Yards
$53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Loaders, Plant Feed $53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Loaders: Elevating Type Belt $52.58 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Locomotives, All $53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Material Transfer Device $53.00 7A 3C 8P
King Power Equipment Operators- Mechanics, All (leadmen - $54.04 7A 3C 8P
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Underground Sewer & Water $0.50 Per Hour Over Mechanic)
King Power Equipment Operators-
Underground Sewer & Water
Motor Patrol Grader - Non-
finishing
$52.58 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Motor Patrol Graders, Finishing $53.49 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Mucking Machine, Mole, Tunnel
Drill, Boring, Road Header
And/or Shield
$53.49 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Oil Distributors, Blower
Distribution & Mulch Seeding
Operator
$50.22 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Outside Hoists (elevators And
Manlifts), Air Tuggers,strato
$52.58 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Overhead, Bridge Type Crane:
20 Tons Through 44 Tons
$53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Overhead, Bridge Type: 100
Tons And Over
$54.04 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Overhead, Bridge Type: 45
Tons Through 99 Tons
$53.49 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Pavement Breaker $50.22 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Pile Driver (other Than Crane
Mount)
$53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Plant Oiler - Asphalt, Crusher $52.58 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Posthole Digger, Mechanical $50.22 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Power Plant $50.22 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Pumps - Water $50.22 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Quad 9, Hd 41, D10 And Over $53.49 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Quick Tower - No Cab, Under
100 Feet In Height Based To
Boom
$50.22 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Remote Control Operator On
Rubber Tired Earth Moving
Equipment
$53.49 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Rigger And Bellman $50.22 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Rollagon $53.49 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Roller, Other Than Plant Mix $50.22 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Roller, Plant Mix Or Multi-lift
Materials
$52.58 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Roto-mill, Roto-grinder $53.00 7A 3C 8P
King Power Equipment Operators- Saws - Concrete $52.58 7A 3C 8P
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Underground Sewer & Water
King Power Equipment Operators-
Underground Sewer & Water
Scraper, Self Propelled Under
45 Yards
$53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Scrapers - Concrete & Carry All $52.58 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Scrapers, Self-propelled: 45
Yards And Over
$53.49 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Service Engineers - Equipment $52.58 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Shotcrete/gunite Equipment $50.22 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Shovel , Excavator, Backhoe,
Tractors Under 15 Metric Tons.
$52.58 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Shovel, Excavator, Backhoe:
Over 30 Metric Tons To 50
Metric Tons
$53.49 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Shovel, Excavator, Backhoes,
Tractors: 15 To 30 Metric Tons
$53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Shovel, Excavator, Backhoes:
Over 50 Metric Tons To 90
Metric Tons
$54.04 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Shovel, Excavator, Backhoes:
Over 90 Metric Tons
$54.61 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Slipform Pavers $53.49 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Spreader, Topsider &
Screedman
$53.49 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Subgrader Trimmer $53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Tower Bucket Elevators $52.58 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Tower Crane Over 175'in
Height, Base To Boom
$54.61 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Tower Crane Up To 175' In
Height Base To Boom
$54.04 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Transporters, All Track Or
Truck Type
$53.49 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Trenching Machines $52.58 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Truck Crane Oiler/driver - 100
Tons And Over
$53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Truck Crane Oiler/driver Under
100 Tons
$52.58 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Truck Mount Portable Conveyor $53.00 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Welder $53.49 7A 3C 8P
King Power Equipment Operators-
Underground Sewer & Water
Wheel Tractors, Farmall Type $50.22 7A 3C 8P
King Power Equipment Operators- Yo Yo Pay Dozer $53.00 7A 3C 8P
Page 14 of 17
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Underground Sewer & Water
King Power Line Clearance Tree
Trimmers
Journey Level In Charge $44.86 5A 4A
King Power Line Clearance Tree
Trimmers
Spray Person $42.58 5A 4A
King Power Line Clearance Tree
Trimmers
Tree Equipment Operator $44.86 5A 4A
King Power Line Clearance Tree
Trimmers
Tree Trimmer $40.08 5A 4A
King Power Line Clearance Tree
Trimmers
Tree Trimmer Groundperson $30.20 5A 4A
King Refrigeration & Air
Conditioning Mechanics
Journey Level $72.46 6Z 1G
King Residential Brick Mason Journey Level $50.12 5A 1M
King Residential Carpenters Journey Level $28.20 1
King Residential Cement Masons Journey Level $22.64 1
King Residential Drywall Applicators Journey Level $39.62 5D 1M
King Residential Drywall Tapers Journey Level $50.87 5P 1E
King Residential Electricians Journey Level $30.44 1
King Residential Glaziers Journey Level $36.20 7L 1H
King Residential Insulation
Applicators
Journey Level $26.28 1
King Residential Laborers Journey Level $23.03 1
King Residential Marble Setters Journey Level $24.09 1
King Residential Painters Journey Level $24.46 1
King Residential Plumbers &
Pipefitters
Journey Level $34.69 1
King Residential Refrigeration & Air
Conditioning Mechanics
Journey Level $72.46 6Z 1G
King Residential Sheet Metal
Workers
Journey Level (Field or Shop) $41.84 7F 1R
King Residential Soft Floor Layers Journey Level $42.15 5A 3D
King Residential Sprinkler Fitters
(Fire Protection)
Journey Level $42.48 5C 2R
King Residential Stone Masons Journey Level $50.12 5A 1M
King Residential Terrazzo Workers Journey Level $46.96 5A 1M
King Residential Terrazzo/Tile
Finishers
Journey Level $21.46 1
King Residential Tile Setters Journey Level $25.17 1
King Roofers Journey Level $44.71 5A 3H
King Roofers Using Irritable Bituminous
Materials
$47.71 5A 3H
King Sheet Metal Workers Journey Level (Field or Shop) $69.37 7F 1E
King Shipbuilding & Ship Repair Boilermaker $40.12 7M 1H
King Shipbuilding & Ship Repair Carpenter $38.24 7O 3B
King Shipbuilding & Ship Repair Electrician $37.80 7O 3B
King Shipbuilding & Ship Repair Heat & Frost Insulator $58.93 5J 1S
Page 15 of 17
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King Shipbuilding & Ship Repair Laborer $36.78 7O 3B
King Shipbuilding & Ship Repair Machinist $37.81 7O 3B
King Shipbuilding & Ship Repair Operator $40.15 7O 3B
King Shipbuilding & Ship Repair Painter $37.79 7O 3B
King Shipbuilding & Ship Repair Pipefitter $37.77 7O 3B
King Shipbuilding & Ship Repair Rigger $37.74 7O 3B
King Shipbuilding & Ship Repair Sandblaster $36.78 7O 3B
King Shipbuilding & Ship Repair Sheet Metal $37.74 7O 3B
King Shipbuilding & Ship Repair Shipfitter $37.74 7O 3B
King Shipbuilding & Ship Repair Trucker $37.59 7O 3B
King Shipbuilding & Ship Repair Warehouse $37.64 7O 3B
King Shipbuilding & Ship Repair Welder/Burner $37.74 7O 3B
King Sign Makers & Installers
(Electrical)
Sign Installer $22.92 1
King Sign Makers & Installers
(Electrical)
Sign Maker $21.36 1
King Sign Makers & Installers (Non-
Electrical)
Sign Installer $27.28 1
King Sign Makers & Installers (Non-
Electrical)
Sign Maker $33.25 1
King Soft Floor Layers Journey Level $42.15 5A 3D
King Solar Controls For Windows Journey Level $12.44 1
King Sprinkler Fitters (Fire
Protection)
Journey Level $69.59 5C 1X
King Stage Rigging Mechanics (Non
Structural)
Journey Level $13.23 1
King Stone Masons Journey Level $50.12 5A 1M
King Street And Parking Lot
Sweeper Workers
Journey Level $19.09 1
King Surveyors Assistant Construction Site
Surveyor
$52.58 7A 3C 8P
King Surveyors Chainman $52.06 7A 3C 8P
King Surveyors Construction Site Surveyor $53.49 7A 3C 8P
King Telecommunication
Technicians
Journey Level $22.76 1
King Telephone Line Construction -
Outside
Cable Splicer $36.01 5A 2B
King Telephone Line Construction -
Outside
Hole Digger/Ground Person $20.05 5A 2B
King Telephone Line Construction -
Outside
Installer (Repairer) $34.50 5A 2B
King Telephone Line Construction -
Outside
Special Aparatus Installer I $36.01 5A 2B
King Telephone Line Construction -
Outside
Special Apparatus Installer II $35.27 5A 2B
King Telephone Line Construction -
Outside
Telephone Equipment Operator
(Heavy)
$36.01 5A 2B
King Telephone Line Construction - Telephone Equipment Operator $33.47 5A 2B
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Outside (Light)
King Telephone Line Construction -
Outside
Telephone Lineperson $33.47 5A 2B
King Telephone Line Construction -
Outside
Television Groundperson $19.04 5A 2B
King Telephone Line Construction -
Outside
Television Lineperson/Installer $25.27 5A 2B
King Telephone Line Construction -
Outside
Television System Technician $30.20 5A 2B
King Telephone Line Construction -
Outside
Television Technician $27.09 5A 2B
King Telephone Line Construction -
Outside
Tree Trimmer $33.47 5A 2B
King Terrazzo Workers Journey Level $46.96 5A 1M
King Tile Setters Journey Level $21.65 1
King Tile, Marble & Terrazzo
Finishers
Finisher $37.79 5A 1B
King Traffic Control Stripers Journey Level $42.33 7A 1K
King Truck Drivers Asphalt Mix Over 16 Yards (W.
WA-Joint Council 28)
$48.87 5D 3A 8L
King Truck Drivers Asphalt Mix To 16 Yards (W.
WA-Joint Council 28)
$48.03 5D 3A 8L
King Truck Drivers Dump Truck & Trailer $48.87 5D 3A 8L
King Truck Drivers Dump Truck (W. WA-Joint
Council 28)
$48.03 5D 3A 8L
King Truck Drivers Other Trucks (W. WA-Joint
Council 28)
$48.87 5D 3A 8L
King Truck Drivers Transit Mixer $43.23 1
King Well Drillers & Irrigation Pump
Installers
Irrigation Pump Installer $17.71 1
King Well Drillers & Irrigation Pump
Installers
Oiler $12.97 1
King Well Drillers & Irrigation Pump
Installers
Well Driller $18.00 1
Page 17 of 17
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Benefit Code Key – Effective 3-5-2014 thru 8-30-2014
1
************************************************************************************************************
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.
Benefit Code Key – Effective 3-5-2014 thru 8-30-2014
2
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.
Benefit Code Key – Effective 3-5-2014 thru 8-30-2014
3
2 ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL
BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE.
B. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage.
C. All hours worked on Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on
holidays shall be paid at two times the hourly rate of wage.
F. The first eight (8) hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the
holiday pay. All hours worked in excess of eight (8) hours on holidays shall be paid at double the hourly rate of
wage.
G. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays
shall be paid at two and one-half times the hourly rate of wage including holiday pay.
H. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on holidays shall
be paid at one and one-half times the hourly rate of wage.
O. All hours worked on Sundays and holidays shall be paid at one and one-half times the hourly rate of wage.
R. All hours worked on Sundays and holidays and all hours worked over sixty (60) in one week shall be paid at double
the hourly rate of wage.
U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked
over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage.
W. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday
shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday,
and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day,
ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten
shall be paid at double the hourly rate of wage. The first eight (8) hours worked on the fifth day shall be paid at one
and one-half times the hourly rate of wage. All other hours worked on the fifth, sixth, and seventh days and on
holidays shall be paid at double the hourly rate of wage.
3. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL
BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE.
A. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when
four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or
outside the normal shift, and all work on Saturdays shall be paid at time and one-half the straight time rate. Hours
worked over twelve hours (12) in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday
and holidays shall be paid at double the straight time rate of pay. Any shift starting between the hours of 6:00 pm
and midnight shall receive an additional one dollar ($1.00) per hour for all hours worked that shift. The employer
shall have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall
be given to employees regularly assigned to the work to be performed on overtime situations. After an employee has
worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate
until such time as the employee has had a break of eight (8) hours or more.
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.
Benefit Code Key – Effective 3-5-2014 thru 8-30-2014
4
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.
Holiday Codes
5. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after
Thanksgiving Day, and Christmas Day (7).
B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after
Thanksgiving Day, the day before Christmas, and Christmas Day (8).
C. Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,
the Friday after Thanksgiving Day, And Christmas Day (8).
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).
Benefit Code Key – Effective 3-5-2014 thru 8-30-2014
5
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).
Holiday Codes Continued
6. A. Paid Holidays: New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, The Friday After Thanksgiving Day, And Christmas Day (8).
E. Paid Holidays: New Year's Day, Day Before Or After New Year's Day, Presidents Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, Christmas Day, And A Half-Day
On Christmas Eve Day. (9 1/2).
G. Paid Holidays: New Year's Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Independence Day,
Labor Day, Veterans' Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, And Christmas
Eve Day (11).
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).
Benefit Code Key – Effective 3-5-2014 thru 8-30-2014
6
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.
Benefit Code Key – Effective 3-5-2014 thru 8-30-2014
7
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 Year's Day, the day after or before New Year’s Day, President’s Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and the day
after or before Christmas Day (10). If any of the listed holidays fall on Saturday, the preceding Friday shall be
observed as the holiday. If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be
considered a holiday and compensated accordingly.
S. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After
Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday (9). If any of the listed
holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated
accordingly.
Benefit Code Key – Effective 3-5-2014 thru 8-30-2014
8
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.
PAYMENT AND PERFORMANCE BOND
Page 1 of 2
PAYMENT AND PERFORMANCE BOND
TO CITY OF KENT
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, ________________________________________
as Principal, and _____________________________________________________
a Corporation organized and existing under the laws of the State of Washington, as a
Surety Corporation, and qualified under the laws of the State of Washington to
become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are
jointly and severally held and firmly bound to the CITY OF KENT in the penal sum of $
, together with any adjustments, up or down, in the total contract
price because of changes in the contract work, for the payment of which sum on
demand we bind ourselves and our successors, heirs, administrators or personal
representatives, as the case may be.
This obligation is entered into in pursuance of the statutes of the State of
Washington, and the Codes and Ordinances of the CITY OF KENT.
Nevertheless, the conditions of the above obligation are such that:
WHEREAS, under and pursuant to a motion, duly made, seconded and passed
by the City Council of the City of Kent, King County, Washington, the Mayor of the City
of Kent has let or is about to let to the above bounden Principal, a certain contract, the
said contract providing for construction of On-call Guardrail Repair for 2014 (which
contract is referred to herein and is made a part hereof as though attached hereto),
and
WHEREAS, the Principal has accepted, or is about to accept, the contract, and
undertake to perform the work therein provided for in the manner and within the time
set forth:
NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully
perform all the provisions of said contract in the manner and within the time herein
set forth, or within such extensions of time as may be granted under the said contract,
and shall pay all laborers, mechanics, subcontractors and material men, and all
persons who shall supply the Principal or subcontractors with provisions and supplies
for the carrying on of said work and shall indemnify and hold the CITY OF KENT
harmless from any damage or expense by reason of failure of performance as
specified in said contract or from defects appearing or developing in the material or
workmanship provided or performed under said contract, then and in that event this
obligation shall be void; but otherwise it shall be and remain in full force and effect.
IN WITNESS WHEREOF, the above bounden parties have executed this
instrument under their separate seals. The name and corporate seal (if required by
law) of each corporate party is hereto affixed and duly signed by its undersigned
representatives pursuant to authority of its governing body.
PAYMENT AND PERFORMANCE BOND
Page 2 of 2
TWO WITNESSES:
PRINCIPAL (enter principal’s name above)
_________________________ BY: _________________________
_________________________ TITLE: _________________________
DATE: ____________________ DATE: _________________________
_________________________ CORPORATE SEAL:
_________________________
PRINT NAME
DATE: ____________________ _________________________________
SURETY
CORPORATE SEAL: BY: _____________________________
DATE: ___________________________
TITLE: ___________________________
ADDRESS: _______________________
________________________________
CERTIFICATE AS TO CORPORATE SEAL
I hereby certify that I am the (Assistant) Secretary of the Corporation named as
Principal in the within Bond; that _________________________________________
Who signed the said bond on behalf of the Principal ___________________________
Of the said Corporation; that I know his signature thereto is genuine, and that said
Bond was duly signed, sealed, and attested for and in behalf of said Corporation by
authority of its governing body.
_________________________________
SECRETARY OR ASSISTANT SECRETARY
P:\Civil\Forms\Contracts, Releases\PerformanceBond.doc
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Agenda Item: Consent Calendar – 7E
TO: City Council
DATE: June 17, 2014
SUBJECT: Resource & Conservation Office Salmon Recovery Funding Board,
Project Funding Agreement for Mill Creek Side Channel (Leber) Project
Construction - Authorize
SUMMARY: The Mill Creek Side Channel Restoration project was previously funded
by the Salmon Recovery Funding Board (SRFB) for a Feasibility Study and 30% Design
($100,000) which was completed in 2009, and funding in the amount of $200,000 for
Final Design and permitting which was completed in 2012. This grant in the amount
of $159,460 will construct phase one of the project to include clearing and grubbing
and planting the understory along Mill Creek and the Green River with native
vegetation grown at our native plant nursery at the Green River Natural Resources
Area.
Once completed, the restoration project will create off-channel habitat in the Green
River near the confluence of Mill Creek, increase floodplain refuge habitat for Chinook
and other salmonids, enhance riparian habitat, and restore floodplain functions. The
8.6 acre site is owned by the City and is also known as Leber Homestead.
EXHIBIT(S): 1) PSAR Project Agreement No. 13-1098R
2) Site Map
RECOMMENDED BY: Public Works Committee
YEA: Ralph – Higgins - Fincher NAY:
BUDGET IMPACTS: The SRFB grant agreement provides $135,541 for this phase of
construction. The city’s match of $23,919 is the value of plant material we are
providing. These plants were paid for using storm drainage funds.
MOTION: Authorize the Mayor to sign the Salmon Project Funding
Agreement in the amount of $159,460, direct staff to accept the grant and
establish a budget for the funds to be spent within the Mill Creek Side
Channel (Leber) Restoration project.
This page intentionally left blank.
Y
WASHINGTON STATE
Recreation and
Conservation Office
PSAR Project Agreement
Salmon Funding Accounts
Project Sponsor: City of Kent
Project Title: Mill Creek Side Channel (Leber)
Project Number: 13-1098R
Approval Date: 12/4/2013
A. PARTIES OF THE AGREEMENT
This project grant Agreement (Agreement) is entered into between the State of Washington by and through the
Salmon Recovery Funding Board (SRFB) and the Recreation and Conservation Office, P.O. Box 40917, Olympia,
Washington 98504-0917 and City of Kent (sponsor), 220 Fourth Ave S, Kent, WA 98032-5895 and shall be binding on
the agents and all persons acting by or through the parties.
B. PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Salmon Funding Accounts of the
State of Washington. The grant is administered by the Recreation and Conservation Office (RCO) to the sponsor for
the project named above.
C. DESCRIPTION OF PROJECT
City of Kent proposes to construct a floodplain wetland off of Mill Creek providing 1.8 acres of floodplain habitat below
the OHWM and 5A acres below the 100-year flood height near the confluence of the Green River at RM 23.7. The
design was funded by SRFB #05A 519 and #10-1125. This funding will be used to initiate restoration work including:
conducting sediment studies, upland and riparian site preparation and underplanting of the northern portion of the
project site along Mill Creek and the Green River (see Project Proposal 4.A and 4.C). Additional funding is being
sought in 2014-2016 to complete construction that will include: 1000 LF of new off -channel habitat; 37 log structures
designed to maximize salmon habitat; removal of invasive vegetation; improve > 5 acres of riparian and 2 acres of
upland plantings to increase diversity, density and shading (30,000 willow and dogwood live stakes, and 21,000
containerized and bare -root native plants). Once complete, the overall restoration project will increase floodplain
refuge habitat for Chinook and other salmbnids, enhance riparian habitat, and increase floodplain storage. The side
channel will be subject to backwater approximately 125 days/year when outmigrating salmon numbers are greatest.
When water flows into the off -channel area, juvenile salmonids will find cover, food and protection from flood flows.
Coho, Chinook, chum and pink salmon, cutthroat and steelhead trout populations make extensive use of Mill Creek,
D. PERIOD OF PERFORMANCE
The project reimbursement period shall begin on December 5, 2013 and end on April 30, 2015. No expenditure
made before or after this period is eligible for reimbursement unless incorporated by written amendment into this
Agreement or specifically provided for by RCFB and/or SRFB policy or WAC.
Requests for time extensions are to be made at least 60 days before the Agreement end date. If the request is
made after the Agreement end date, the time extension may be denied.
The sponsor has obligations beyond this period of performance as described in Section E.
E. ON -GOING OBLIGATION
The Project Sponsor's ongoing obligation for the above project under this Agreement is to provide maintenance of the
site or facility to serve the purpose for which it was intended for a minimum often (10) years, or more as specified in
the Landowner Agreement, after the final payment unless the site or facility is rendered unusable for the purpose it
was intended by an act of nature.
F. PROJECT FUNDING
The total grant award provided by the funding board for this project shall not exceed $135,541.00. The funding board
shall not pay any amount beyond that approved for grant funding of the project and within the funding board's
percentage as identified below. The sponsor shall be responsible for all total project costs that exceed this amount.
The contribution by the sponsor toward work on this project at a minimum shall be as indicated below:
Percentage DollarAmount
SRFB - Puget Sound Acq. & Restoration 85.00% $135,541,00
Project Sponsor 15.00% $23,919,00
Total Project Cost 100,00% $159,460,00
PSAR Project Agreement - RCO #13-1098R Salmon Funding Accounts
Chapter 77.85 RCW, Chapter420 WAC Page 1 of 1s
PROJAGR. R PT
G. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, as now
existing or hereafter amended, including the sponsor's application, eligible scope activities, project milestones, and
the Standard Terms and Conditions of the project Agreement, all of which are incorporated herein.
Except as provided herein, no amendment/deletions of any of the terms or conditions of this Agreement will be
effective unless provided in writing. All such amendment/deletions must be signed by both parties except the RCO
director may unilaterally make amendments to extend the period of performance. Period of performance extensions
need only be signed by RCO's director or designee.
H. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB-SRFB POLICIES
This agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and
regulations, including Chapter 77.85 RCW, Chapter 420 WAC, and published agency policies, which are incorporated
herein by this reference as if fully set forth.
1. SPECIAL CONDITIONS
1. Comply with EPA Provisions:
The sponsor agrees to comply with Attachment A "EPA Provisions for Puget Sound Estuary and
Restoration Projects". Attachment A is incorporated by this reference as if fully set forth herein, This
project is used as state match for the National Estuary Program administered by the U.S. Environmental
Protection Agency. As such, the EPA Provisions are required in addition to the RCO standard Terms and
Conditions.
ll. Disclosure notice:
Projects funded with state Salmon Recovery Funding Board and Puget Sound Acquisition and Restoration
money may be used by RCO, the Puget Sound Partnership or Northwest Indian Fisheries Commission as
match to one of the following federal assistance agreements: 1) United States Department of Commerce
Catalog of Federal Domestic Assistance Number 11.438, or2) United State Environmental Protection
Agency Catalog of Federal Domestic Assistance Numbers 66.123 and 66.456,
lll. PSAR funded projects:
Any signage or press materials must acknowledge the Puget Sound Acquisition and Restoration Fund as
well as RCO as a fund source.
IV. Cultural Resources Consultation:
This project completed consultation under Governor's Executive Order 05-05 Archaeological and Cultural
Resources (EO 05-05) under project 10-1125 as described in Section 9 of this project agreement. Cultural
Resources Survey (attach #169511) concluded that there were no impacts to cultural resources, and DAHP
concurred (Attachment #159534).
V. Construction Design Deliverables:
The project will meet the standards for Design and Restoration Project Deliverables described in Manual
18 Appendix D "Construction and "Design Build" Deliverables." The preliminary and final designs were
completed with funding from Project Agreement 05-1519 and 10-1125. For this project agreement, the
sponsor will provide the sedimentation analysis report, and if results cause need for design alterations, the
updated final designs. Additionally, the As -built design documents will be provided after construction.
J• FEDERAL FUND INFORMATION
(none)
K. PROJECT GRANT AGREEMENT REPRESENTATIVE
All written communications and notices under this Agreement will be addressed and sent to at least the mail address
or the email address listed below if not both:
Proiect Contact
Name: Michael Mactutis
Title: Environmental Engineering Mgr
Address: 220 Fourth Ave S
Kent, WA 98032-5895
Email: mmactutis@KentWA.gov
PSAR Project Agreement - RCO #13-1098R
Chapter 77.85 RCW, Chapter 420 WAC
PROJAGR.RPT
SRFB
Recreation and Conservation Office
Natural Resources Building
PO Box 40917
Olympia, Washington 98504-0917
Salmon Funding Accounts
Page 2 of 16
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
L. ENTIRE AGREEMENT
This Agreement,
with
all amendments and attachments, constitutes the
entire Agreement
of the parties. No other
understandings,
oral
or otherwise,
regarding
this Agreement shall exist
or bind any of the
parties.
M. EFFECTIVE DATE
This Agreement, for project 13-1098R, shall be subject to the written approval of the RCO's authorized representative
and shall not be effective and binding until executed by both the Sponsor and the RCO. Reimbursements for eligible
and allowable costs incurred within the period of performance identified in Section D above are allowed only when this
Agreement is fully executed and an original is received by RCO.
The sponsor/s has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this
Agreement. The signators listed below represent and warrant their authority to bind the parties to this Agreement.
City of Kent
By:
Name: (printed)
Title:
State of Washington
On behalf of the Salmon Recovery Funding Board (SRFB)
By:
By:
Kaleen Cottingham
Director
Pre -approved as to form:
/s/
Assistant Attorney General
PSAR Project Agreement - RCO #13-1098R
Chapter 77.85 RCW, Chapter 420 WAC
PROJAGR.RPT
Date:
Date:
Date: June 7, 2013
Salmon Funding Accounts
Page 3 of 16
Standard Terms and Conditions
of the Project Agreement
Table of Contents Page
SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS............................................................ 6
SECTION 2. PERFORMANCE BY THE SPONSOR..................................................................... 7
SECTION3. ASSIGNMENT...........................................................................................:........ 7
SECTION
4.
RESPONSIBILITY FOR PROJECT.........................................................................
7
SECTION
5.
INDEMNIFICATION.............................................................................................
7
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR....................................................... 7
SECTION 7. CONFLICT OF INTEREST.................................................................................... 8
SECTION
8.
ACKNOWLEDGMENT AND SIGNS........................................................................
8
SECTION
9.
COMPLIANCE WITH APPLICABLE LAW...............................................................
8
SECTION 10. HAZARDOUS SUBSTANCES............................................................................... g
SECTION 11. RECORDS......................................................................................................... g
SECTION
12.
TREATMENT OF ASSETS....................................................................................
g
SECTION
13,
RIGHT OF INSPECTION.......................................................................................
10
SECTION
14.
STEWARDSHIP AND MONITORING......................................................................
10
SECTION
15.
DEBARMENT CERTIFICATION........................:.................................:..:...............
10
SECTION
16.
PROJECT FUNDING...........................................................................................
10
SECTION
17,
PROJECT REIMBURSEMENTS............................................................................
10
SECTION
18.
ADVANCE PAYMENTS.......................................................................................
11
SECTION
19.
RECOVERY OF PAYMENTS................................................................................
11
SECTION
20.
CONVENANT AGAINST CONTINGENT FEES .........................................................
11
SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION AND
RESTORATION PROJECTS.................................................................................. 11
SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS..... NE&NNESENEENE NONE ENMEMM EVENANSORNMES 0 12
SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTY
AND/OR FACILITIES TO OTHER USES................................................................. 12
SECTION 24. CONSTRUCTION, OPERATION, USE AND MAINTENANCE
OF ASSISTED PROJECTS.................................................................................. 13
SECTION 25. INCOME AND INCOME USE................................................................................ 13
SECTION 26. PREFERENCES FOR RESIDENTS....................................................................... 13
PSAR Project Agreement - RCO #13-1098R Salmon Funding Accounts
Chapter 77.85 RCW, Chapter 420 WAC Page 4 of 16
P R OJAG R. R PT
SECTION
27.
PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT)
SPONSORS......................................................................................................
13
SECTION
28.
LIABILITY INSURANCE REQUIRMENTS FOR FIREARMS
AND ARCHERY RANGE SPONSORS...................................................................
14
SECTION
29.
REQUIREMENTS OF THE NATIONAL PARK SERVICE .............................................
14
SECTION
30.
FARMLAND PRESERVATION ACCOUNT.............................................................
14
SECTION
31.
ORDER OF PRECEDENCE.................................................................................
14
SECTION
32.
AMENDMENTS.................................................................................................
14
SECTION
33.
LIMITATION OF AUTHORITY..............................................................................
14
SECTION
34.
WAIVER OF DEFAULT.......................................................................................
15
SECTION
35.
APPLICATION REPRESENTATIONS - MISREPRESENTATIONS
OR INACCURACY OR BREACH..........................................................................
15
SECTION
36.
SPECIFIC PERFORMANCE................................................................................
15
SECTION
37.
TERMINATION.................................................................................................
15
SECTION
38.
DISPUTE HEARING.. ANN am a am Box ON us 0 4 9 A Now AMA a AMA 9 a AMA am 0 2 0 0 0 am a 0 a 0 A AMA 0 AMA a a AMA 0 so a A MR a a a 0 a 0 a A a 0 a A a A a a 8 a a A a
15
SECTION
39.
ATTORNEYS' FEES..........................................................................................
16
SECTION
40.
GOVERNING LAWNENUE.................................................................................
16
SECTION
41.
SEVERABILITY......................................................................,.........................
16
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PROJAGR. RPT
Y
"y,_. WASHINGTON STATE
Recreation and
Conservation Office
Standard Terms and Conditions
of the Project Agreement
Project Sponsor: City of Kent
Project Title: Mill Creek Side Channel (Leber)
Project Number: 13-1098R
Approval Date: 12/4/2013
SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS
q, Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revisions in
the future.
B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this
Agreement.
C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below:
acquisition -The purchase of fee or less than fee interests in real property. These interests include, but are not limited to,
conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights.
Agreement - The accord accepted by all parties to the present transaction; this Agreement, any supplemental Agreements, any
amendments to this Agreement and any intergovernmental Agreements.
applicant - Any agency or organization that meets the qualifying standards, including deadlines, for submission of an application
soliciting a grant of funds from the funding Board.
application - The documents and other materials that an applicant submits to the RCO to support the applicant's request for
grant funds; this includes materials required for the "Application" in the RCO's automated project information system, and other
documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations
and scripts.
asset - Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this Agreement. This
definition is restricted to non -fixed assets, including but not limited to vehicles, computers or machinery.
cognizant or oversight agency - Federal agency responsible for ensuring compliance with federal audit requirements.
contractor - Shall mean one not in the employment of the sponsor who is performing all or part of the eligible activities for this
project under a separate Agreement with the sponsor. The term "contractor" and "contractors" means contractor(s) in any tier.
development - The construction of or work resulting in new elements, including but not limited to structures, facilities, and/or
materials to enhance outdoor recreation, salmon recovery or habitat conservation resources.
director - The chief executive officer of the Recreation and Conservation Office or that person's designee.
elements, items and worktypes - Components of the funded project as provided in the project description.
funding board - The board that authorized the funds in this Agreement, either the Recreation and Conservation Funding Board
(RCFB) created under chapter 79A.25.110 RCW, or the Salmon Recovery Funding Board (SRFB) created under chapter
77,85,110 RCW.
grantee - The organizational entity or individual to which a grant (or cooperative agreement) is awarded and signatory to the
Agreement which is responsible and accountable both for the use of the funds provided and for the performance of the
grant -supported project or activities,
landowner agreement - A landowner agreement is required between a SRFB and/or RTP project sponsor and landowner for
projects located on land not owned, or otherwise controlled, by the sponsor,
lower tier participant - refers to any sponsor receiving a federal grant through RCO. Lower tier participants also refer to any
grantee, subgrantee, or contractor of any grantee or subgrantee from the original sponsor funded by RCO.
milestone - An important event with a defined deadline for an activity related to implementation of a funded project.
period of performance - The time period specified in the Agreement, under Section D, period of performance.
project - The undertaking that is the subject of this Agreement and that is, or may be, funded in whole or in part with funds
administered by RCO on behalf of the funding board.
RCO - Recreation and Conservation Office - The state office that provides administrative support to the Recreation and
Conservation Funding Board and Salmon Recovery Funding Board. RCO includes the director and staff, created by Chapters
79A.25.110 and 79A.25.150 RCW and charged with administering this Agreement by Chapters 77,85,110 and 79A.25.240 RCW.
reimbursement - Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the
Agreement.
renovation - The activities intended to improve an existing site or structure in order to increase its service life or functions. This
does not include maintenance activities.
restoration -Bringing a site back to its original function as part of a natural ecosystem or improving the ecological functionality of
a site.
RTP - Recreational Trails Program - A federal grant program administered by RCO that allows for the development and
maintenance of backcountry trails,
secondary sponsor - one of two or more eligible organizations that sponsors a grant -funded project. Of these two sponsors,
only one - the primary sponsor - may be the fiscal agent.
sponsor - The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement; includes its
officers, employees, agents and successors.
subgrantee - The government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for
the use of the funds provided.
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SECTION 2. PERFORMANCE BY THE SPONSOR
The sponsor, and secondary sponsor where applicable, shall undertake the project as described in this Agreement, post evaluation
summary, the sponsor's application, and in accordance with the sponsor's proposed goals and objectives described in the application
or documents submitted with the application, all as finally approved by the funding board. All submitted documents are incorporated
by this reference as if fully set forth herein. The Order of Precedence is covered in Section 31.
Timely completion of the project and
submission
of
required
documents, including
progress and final
reports, is important. Failure to
meet critical milestones or complete
the project,
as
set out in this Agreement, is a
material breach of
the Agreement.
SECTION 3. ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the sponsor without prior
written consent of the Recreation and Conservation Office,
SECTION 4. RESPONSIBILITY FOR PROJECT
While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement, the project
itself remains the sole responsibility of the sponsor. The funding board undertakes no responsibilities to the sponsor, a secondary
sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the
project is solely that of the sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to
the project. When a project is sponsored by more than one entity, any and all sponsors are equally responsible for the project and all
post -completion stewardship responsibilities.
SECTION 5. INDEMNIFICATION
The sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at
law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence of, or the breach of any
obligation under this Agreement by, the sponsor or the sponsor's agents, employees, subcontractors or vendors, of any tier, or any
other persons for whom the sponsor may be legally liable.
Provided that nothing herein
shall require a
sponsor to defend
or indemnify the State against and hold harmless the State from
claims, demands or suits based solely upon
the negligence of,
or breach of any obligation under this Agreement by the State, its
agents, officers, employees,
subcontractors
or vendors, of any
tier, or any other persons for whom the State may be legally liable.
Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the sponsor or the sponsor's
agentsI employees, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor is legally liable, and (b) the
State its agents, officers, employees , subcontractors and or vendors, of any tier, or any other persons for whom the State may be
legally liable, the indemnity obligation shall be valid and enforceable only to the extent of the sponsor's negligence or the negligence
of the sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be
legally liable.
This provision shall be included in any Agreement between sponsor and any subcontractor and vendor, of any tier.
The sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or
suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper
appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the sponsor or the
sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable,
in performance of the Work under this Agreement or arising out of any use in connection with the Agreement of methods, processes,
designs, information or other items furnished or communicated to State, its agents, officers and employees pursuant to the
Agreement; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper
appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from State's,
iIs agents', officers' and employees' failure to comply with specific written instructions regarding use provided to State, its agents,
officers and employees by the sponsor, its agents, employees, subcontractors or vendors, of any tier, or any other persons for whom
the sponsor may be legally liable.
The sponsor specifically assumes potential liability for actions brought by the sponsor's own employees or its agents against the State
anA, solely for the purpose of this indemnification and defense, the sponsor specifically waives any immunity under the state industrial
insurance law, Title 5 RCW.
The RCO is included within the term State, as are all other agencies, departments, boards, or other entities of state government.
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR
The sponsor
and its employees or agents performing under this Agreement are not
officers, employees or agents of the
funding board
or RCO. The
sponsor will not hold itself out as nor claim to be an officer, employee
or agent of RCO, a funding board or
of the state of
Washington,
nor will the sponsor make any claim of right, privilege or benefit which
would accrue to an employee under
Chapters
41.06 or 28B
RCW.
The sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal,
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state, and/or local laws.
SECTION 7. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to
the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in
Public Service Act, Chapter 42.52 RCW; or any similar statute involving the sponsor in the procurement of, or performance under, this
Agreement.
In the event this Agreement is terminated as provided above, RCO shall be entitled to pursue the same remedies against the sponsor
as it could pursue in the event of a breach of the Agreement by the sponsor. The rights and remedies of RCO provided for in this
clause shall not be exclusive and are in addition to any other rights and remedies provided by law.
SECTION 8. ACKNOWLEDGMENTAND SIGNS
A. Publications. The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to
this project in any release or other publication developed or modified for, or referring to, the project during the project period and
in the future.
B. Signs. The sponsor also shall post signs or other appropriate media during the project period and in the future at project
entrances and other locations on the project which acknowledge the applicable grant program's funding contribution, unless
exempted in funding board policy or waived by the director.
C. Ceremonies. The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The sponsor
shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies.
D. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other
documents describing a project funded in whole or in part with federal money provided for in this grant, sponsors shall clearly
state:
1. The percentage of the total costs of the project that is financed with federal money;
2. ,The dollar amount of federal funds for the project; and
3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources.
SECTION 9. COMPLIANCE WITH APPLICABLE LAW
The sponsor will implement the Agreement in accordance with applicable federal, state, and local laws, regulations and RCO and
funding board policies regardless of whether the sponsor is a public or non-public organization.
The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all applicable federal, state, and
local laws, regulations, and/or policies, including, but not limited to: State Environmental Policy Act; Industrial Insurance Coverage;
Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (critical areas ordinances,
Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health Administration/Washington
Industrial Safety and Health Act); and Buy American Act,
Endangered Species
For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence
with clearing of riparian trees or in -water work unless either the sponsor has complied with 50 CFR 223.203 (b)(8), limit 8 or until an
Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this
requirement may be grounds for terminating this project Agreement. This section shall not be the basis for any enforcement
responsibility by RCO.
Nondiscrimination Laws
The sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited
to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the sponsor noncompliance or
refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in
part, and the sponsor may be declared ineligible for further grant awards from the funding board. The sponsor is responsible for any
and all costs or liability arising from the sponsor's failure to so comply with applicable law.
Wages and Job Safety
The sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington
which affect wages and job safety. The sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with
such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this
contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as
required by RCW 39,12,040, The sponsor also agrees to comply with the provisions of the Davis -Bacon Act, and other federal laws,
and the rules and regulations of the Washington State Department of Labor and Industries.
Archaeological and Cultural Resources
The RCO reviews all applicable projects for potential impacts to archaeological sites and state cultural resources. The
sponsor must comply with Executive Order 05-05 or the National Historic Preservation Act before initiating ground disturbing activity.
The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic Preservation
Act, whichever is applicable to the project. If a federal agency declines to consult, the sponsor shall comply with the requirements of
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P ROJAGR. R PT
Executive Order 05-05. In the event that archaeological or historic materials are discovered during project activities, work in the
location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification must be provided to the
following: concerned Tribes' cultural staff and cultural committees, RCO, and the State Department of Archaeology and Historic
Preservation. If human remains are discovered during project activity, work in the location of discovery and immediate vicinity must
stop instantly, the area must be secured, and notification provided to the concerned Tribe's cultural staff and cultural committee, RCO,
State Department of Archaeology, the coroner and local law enforcement in the most expeditious manner possible according to RCW
68.50
Restrictions on Grant Use
No part of any funds provided under this grant shall be used, other than for normal and recognized executive -legislative relationships,
for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio,
television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature.
No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor, or agent acting for such
sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state
legislature.
SECTION 10. HAZARDOUS SUBSTANCES
A. Certification. The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the
presence of hazardous substances, as defined in Chapter 70.105D.020 (10) RCW, and certify:
No hazardous substances were found on the site, or
2. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal
laws, and the site deemed "clean"
B. Responsibility. Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in
Chapter 70.105D RCW,
C. Hold Harmless. The sponsor will defend, protect and hold harmless RCO and any and all of its employees and/or agents, from
and against any and all liability, cost (including but not limited to all costs of defense and attomeys' fees) and any and all loss of
any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous
substances on the property the sponsor is acquiring.
SECTION 11. RECORDS
A. Maintenance. The sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and
performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently
and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall
retain such records for a period of six years from the date RCO deems the project complete , as defined in Section 17(C) below.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all
litigation, claims, or audit findings involving the records have been resolved.
B. Access to records and data. At no additional cost, the records relating to the Agreement, including materials generated under the
Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the
Office of the State Auditor, and federal and state officials so authorized by law, regulation orAgreement. This includes access to
all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations
of the sponsor's reports, including computer models and methodology for those models.
C. Public Records. Sponsor acknowledges that the funding board is subject to chapter 42.56 RCW and that this Agreement and any
records sponsor submits or has submitted to the State shall be a public record as defined in chapter 42.56 RCW. Additionally, in
compliance with RCW 77.85.130(8), sponsor agrees to disclose any information in regards to expenditure of any funding
received from the SRFB. By submitting any record to the state sponsor understands that the State may be requested to disclose
or copy that record under the state public records law, currently codified at RCW 42.56. The sponsor warrants that it possesses
such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state
public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or
copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or
copying and pay the reasonable cost of state's defense of such claims.
SECTION 12. TREATMENT OF ASSETS
A. Assets shall remain in the
possession of the sponsor for
the duration of the project or applicable grant program.
When the
sponsor discontinues use
of the assets) for the purpose
for which it was funded, RCO will require the sponsor
to deliver the
assets) to RCO, dispose
of the asset according to RCO
policies, or return the fair market value of the assets)
to RCO. Assets
shall be used only for the
purpose of this Agreement, unless
otherwise provided herein or approved by RCO in
writing.
B. The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which
results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management
practices.
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SECTION 13. RIGHT OF INSPECTION
The sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the
state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance,
and/or quality assurance under this Agreement.
If a
landowner agreement or other form of control and
tenure has been executed, it will
further stipulate and define the funding board
and
RCO's right to inspect
and access lands acquired
or developed with funding board
assistance.
SECTION 14. STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards or
RCO. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the
funding board.
SECTION 15. DEBARMENT CERTIFICATION
A. For Federally Funded Projects
By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this
transaction by any Federal department or agency. Further, the sponsor agrees not to enter into any arrangements or contracts
related to this Agreement with any party that is on the Office of Inspector General Suspension and Debarment List at
http://www.gsaig. g ov/index. cfm?LinkServl D=C4C89080-D2 B E-D29A-96355D44Al 3 E4356.
The sponsor (prospective lower tier participant) shall provide immediate written notice to RCO if at any time the prospective lower
tier participant Teams that the above certification was not correct when submitted or has become erroneous by reason of changed
circumstances.
B. For State Funded Projects
By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this
transaction by Washington State Labor and Industries. Further, the sponsor agrees not to enter into any arrangements or
contracts related to this Agreement with any party that is on the "Contractors not Allowed to Bid on Public Works Projects" list at
http://www.Ini,wa, g ov/TradesLicensing/PrevWage/A`wardingAgencies/DebarredContractors/
SECTION 16. PROJECT FUNDING
A. Additional Amounts. The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this
Agreement, unless an additional amount has been approved in advance by the funding board or director and incorporated by
written amendment into this Agreement.
B. Before the Agreement. No expenditure made, or obligation incurred, by the sponsor before the project start date shall be eligible
for grant funds, in whole or in part, unless specifically provided for by funding board policy, such as a waiver of retroactivity or
program specific eligible pre -Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an
original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such
expenditure from reimbursement.
C. After the period of performance. No expenditure made, or obligation incurred, following the period of performance shall be
eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the funding board may have under this
Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation.
D. Disclosure notice. Projects funded with state Salmon Recovery Funding Board and Puget Sound Acquisition and Restoration
money may be used by RCO, the Puget Sound Partnership or Northwest Indian Fisheries Commission as match to one of the
following federal assistance agreements: 1) United States Department of Commerce Catalog of Federal Domestic Assistance
Number 11.438, or 2) United State Environmental Protection Agency Catalog of Federal Domestic Assistance Numbers 66.123
and 66,456,
SECTION 17. PROJECT REIMBURSEMENTS
A. This contract is administered on a reimbursement basis. The sponsors may only request reimbursement after eligible and
allowable costs have already been paid by the sponsor and remitted to their vendors. RCO will then reimburse the sponsor for
those costs based upon RCO's percentage as defined in Section F of the Project Agreement of the amount billed to RCO. RCO
does not reimburse for donations which the sponsor may use as part of its percentage. All reimbursement requests must include
proper documentation of expenditures as required by RCO.
B.
Compliance
and
Payment.
The obligation of
RCO to pay any amount(s) under this Agreement is expressly conditioned on strict
compliance
with
the terms
of this Agreement
by the sponsor.
C. Compliance and Retainage. RCO reserves the right to withhold disbursement of up to the final ten percent (10%) of the total
amount of the grant to the sponsor until the project has been completed. A project is considered "complete" when:
1. All approved or required activities outlined in the Agreement are done;
2. On -site signs are in place (if applicable);
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3. A final project report is submitted to and accepted by RCO;
4. Any other required documents are complete and submitted to RCO;
5. A final reimbursement request is submitted to RCO;
6. The completed project has been accepted by RCO;
7. Final amendments have been processed; and
8. Fiscal transactions are complete.
9. RCO has accepted a final boundary map, if required for the project, for which the Agreement terms will apply in the future.
D. Reimbursement Request Frequency. Sponsors are encouraged to send RCO a reimbursement request at least quarterly.
Sponsors are required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for
reimbursable activities occurring between July 1 and June 30. Sponsors must refer to the most recently published/adopted RCO
policies and procedures regarding reimbursement requirements.
SECTION 18. ADVANCE PAYMENTS
Advance payments of or in anticipation of goods or services to be provided under this Agreement are limited to grants approved by
the SRFB and must comply with SRFB policy. See WAC 420-12-060 (5).
SECTION 19. RECOVERY OF PAYMENTS
In the event that the sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the
provisions of the Agreement, or meet its percentage of the project total, RCO reserves the right to recover grant award funds in the
amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity.
The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the
sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of
twelve percent (12%) per annum from the time that payment becomes due and owing.
SECTION 20. COVENANT AGAINST CONTINGENT FEES
The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an
Agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right, in the event of breach
of this clause by the sponsor, to terminate this Agreement without liability or, in its discretion, to deduct from the Agreement grant
amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.
SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION AND RESTORATION PROJECTS
The following provisions shall be in force only if the project described in this Agreement is for development, renovation and restoration
of land or facilities for outdoor recreation, habitat conservation, or salmon recovery:
A, Document Review and Approval. The sponsor agrees to submit one copy of all development, renovation, restoration or
construction plans and specifications to RCO for review prior to implementation. Review and approval by RCO will be for
compliance with the terms of this Agreement.
B. Contracts for Development, Renovation, or Restoration. Sponsors must have a procurement process that follows applicable state
and/or required federal procurement principles. If no such process exists the sponsor must follow these minimum procedures:
(1) publish a notice to the public requesting bids/proposals for the project (2) specify in the notice the date for submittal of
bids/proposals (3)specify in the notice the general procedure and criteria for selection; and (4) comply with the same legal
standards regarding unlawful discrimination based upon race, ethnicity, sex, or sex -orientation that are applicable to state
agencies in selecting a bidder or proposer. This procedure creates no rights for the benefit of third parties, including any
proposers, and may not be enforced or subject to review of any kind or manner by any other entity other than the RCO.
Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the
above minimum procedure where state or federal procedures do not apply.
C. Contract Change Order. Only change orders that impact the amount of funding or changes to the scope of the project as
described to and approved by the funding board or RCO must receive prior written approval.
D, Control and Tenure. The sponsor must provide documentation that shows appropriate tenure (landowner agreement, long term
lease, easement, or fee simple ownership) for the land proposed for development, renovation or restoration. The documentation
must meet current RCO requirements.
E. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is used, the sponsor shall
insert the following nondiscrimination clause in each contract for construction of this project:
'During the performance of this contract, the contractor agrees to comply with all
federal and state nondiscrimination laws, regulations and policies."
F. Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as part of
the Washington State Aquatic Habitat Guidelines (AHG) Program. The best management practices are described in three
documents: "Stream Habitat Restoration Guidelines: Final Draft", 2004; "Design of Road Culverts for Fish Passage", 2003; and
"Integrated Streambank Protection Guidelines", 2002. These documents and other information can be found on the AHG website.
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SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS
The following provisions shall be in force only if the project described in this Agreement is for the acquisition of interest in real property
(including easements) for outdoor recreation, habitat conservation, salmon recovery purposes, or farmland preservation:
A Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement, the sponsor agrees to supply
documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board
policy.
B, Evidence of Title. The sponsor agrees to provide documentation that shows the type of ownership interest for the property that
has been acquired. This shall be done before any payment of financial assistance.
C. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding
assistance provided through this project Agreement (and protected by a recorded conveyance of rights to the State of
Washington) shall be incorporated into the Agreement before final payment.
D. Conveyance of Rights to the State of Washington. Document securing long-term rights for the State of Washington. When real
property rights (both fee simple and lesser interests) are acquired, the sponsor agrees to execute an appropriate document
conveying certain rights and responsibilities to RCO, on behalf of the State of Washington. These documents include a Deed of
Right, Assignment of Rights, Easements and/or Leases. The sponsor agrees to use document language provided by RCO, to
record the executed document in the County where the real property lies, and to provide a copy of the recorded document to
RCO. The document required will vary depending on the project type, the real property rights being acquired and whether or not
those rights are being acquired in perpetuity.
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or
use the property for public purposes consistent with the fund source. Sponsors shall use this document when acquiring real
property rights that include the underlying land. This document may also be applicable for those easements where the
sponsor has acquired a perpetual easement for public purposes.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to
RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon
recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated
by reference in the easement document.
3. Easements and Leases. The sponsor may incorporate required language from the Deed of Right orAssignment of Rights
directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will
depend on the situation; sponsor must obtain RCO approval on the draft language prior to executing the easement or lease.
E. Real Property Acquisition and Relocation Assistance
1. When federal funds are part of this Agreement, the Sponsor agrees to comply with the terms and conditions of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as
amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations
and procedures of the federal agency implementing that Act.
2. When state funds are part of this Agreement, the sponsor agrees to comply with the terms and conditions of the Uniform
Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter
468-100 WAC,
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1)
above and/or state law set out in subsection (2) above, are involved in the execution of this project, the sponsor agrees to
provide any housing and relocation assistance required.
F. Buildings and Structures. In general, grant funds are to be used for outdoor recreation, habitat conservation, or salmon recovery.
Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with section 9 -
Archaeological and Cultural Resources before structures are removed or demolished.
SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTYAND/OR FACILITIES TO OTHER USES
The sponsor shall not at any time convert any real property or facility acquired, developed, renovated, and/or restored pursuant to this
Agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in
compliance with applicable statutes, rules, and funding board policies. It is the intent of the funding board's conversion policy, current
or as amended in the future, that all real property or facilities acquired, developed, renovated, and/or restored with funding assistance
remain in the public domain in perpetuity unless otherwise identified in the Agreement or as approved by the funding board.
Determination of whether a conversion has occurred shall be based upon applicable law and RCFB/SRFB policies.
For acquisition projects that are term limited, such as one involving a lease or a teen -limited restoration, renovation, or development
project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written
documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the.
term specified by the lease, easement, deed, or landowner agreement. - - --
When a conversion has been determined to have occurred, the sponsor is required to remedy the conversion per established funding
board policies.
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SECTION 24. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS
For acquisition, development, renovation and restoration projects, sponsors must ensure that properties or facilities assisted with
funding board funds, including undeveloped sites, are built, operated, used, and maintained:
A. According to applicable federal, state, and local laws and regulations, including public health standards and building codes.
B. In a reasonably safe condition for the project's intended use.
C.
Throughout its
estimated life
so as to prevent undue deterioration.
D.
In compliance
with all federal
and state nondiscrimination laws, regulations and policies.
For acquisition, development, renovation and restoration projects, facilities open and accessible to the general public must:
E. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform
Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans
with Disabilities Act, and the Architectural Barriers Act, as updated.
F. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods.
G. Be available for use by the general public without reservation at reasonable hours and times of the year, according to the type of
area or facility.
SECTION 25. INCOME AND INCOME USE
A. Income.
1. Compatible source. The source of any income generated in a funded project or project area must be compatible with the
funding source and the Agreement.
2. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed with funding board
grants if the fees are consistent with the:
(a) Value of any service(s) furnished;
(b) Value of any opportunities furnished; and
(c) Prevailing range of public fees in the state for the activity involved.
Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or hunter) for which a
facility/range fee must not be charged (Chapter 79A.25.210 RCW),
B. Income use. Regardless of whether income or fees in a project work site (including entrance, utility corridor permit, cattle grazing,
timber harvesting, farming, etc.) are gained during or after the reimbursement period cited in the Agreement, unless precluded by
state or federal law, the revenue may only be used to offset:
1. The sponsor's matching funds;
2. The project's total cost;
3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the
funding board grant;
4. The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the sponsor's
system; and/or
5. Capital expenses for similar acquisition and/or development.
SECTION 26. PREFERENCES FOR RESIDENTS
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential
reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained
on the basis of residence. Even so, the funding board discourages the imposition of differential fees. Fees for nonresidents must not
exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident
fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities.
SECTION 27. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS
A corporate sponsor, including any nonprofit sponsor, shall:
A. Maintain corporate status with the state, including registering with the Washington Secretary of State's office, throughout the
sponsor's obligation to the project as identified in the Agreement.
B. Notify RCO prior to corporate dissolution. Within 30 days of dissolution the sponsor shall name a qualified successor that will
agree in writing to assume any on -going project responsibilities. Aqualified successor is any party eligible to apply for funds in
the subject grant program and capable of complying with the terms and conditions of this Agreement. RCO will process an
amendment transferring the sponsor's obligation to the qualified successor if requirements are met.
C. Sites or facilities open to the public may not require exclusive use, (e.g., members only).
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P ROJAG R. RPT
SECTION 28. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS
A. The sponsor of a firearms or archery range recreation project shall procure an endorsement, or other addition, to liability
insurance it may currently carry, or shall procure a new policy of liability insurance, in a total coverage amount the sponsor
deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured, or suffer
damage to property, while present at the range facility to which this grant is related, or by reason of being in the vicinity of that
facility; provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person.
B. The liability insurance policy, including any endorsement or addition, shall name Washington State, the funding board, and RCO
as additional insured and shall be in a form approved by the funding board or director.
C. The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be
kept in force throughout the sponsor's obligation to the project as identified in this Agreement.
D. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to
RCO not less than thirty (30) calendar days in advance of any cancellation of the policy by the insurer, and within ten (10)
calendar days following any termination of the policy by the sponsor.
E. The requirement of Subsection A through D above shall not apply if the sponsor is a federal, state, or municipal government
which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or
activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes that
program or policy as a part of its application to the funding board.
F. By this requirement, the funding board and RCO does not assume any duty to any individual person with respect to death, injury,
or damage to property which that person may suffer while present at, or in the vicinity of, the facility to which this grant relates.
Any such person, or any other person making claims based on such death, injury, or damage, must look to the sponsor, or
others, for any and all remedies that may be available by law.
SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE
If the project has been approved by the National Park Service, US Department of the Interior, for funding assistance 11 UM the federal
Land and Water Conservation Fund (LWCF), the "Project Agreement General Provisions" in the LWCF State Assistance Program
Federal Financial Assistance Manual are also made part of this Agreement. The sponsor shall abide by these LWCF General
Provisions, in addition to this Agreement, as they now exist or are hereafter amended. Further, the sponsor agrees to provide RCO
with reports or documents needed to meet the requirements of the LWCF General Provisions,
SECTION 30, FARMLAND PRESERVATION ACCOUNT
For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account, the following sections
will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement.
• Section 8 - Acknowledgement and Signs,
• Section 10 -Hazardous Substances,
• Section 14 - Stewardship and Monitoring
• Section 22 - Provisions Applying to Acquisition Projects, Sub -sections F and G.
• Section 23 - Restriction on Conversion of Real Property and/or Facilities to Other Uses,
• Section 24 - Construction, Operation, Use and Maintenance of Assisted Projects, Sub -sections E, F, G, and
• Section 25 - Income and Income Use
SECTION 31. ORDER OF PRECEDENCE
This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of
the Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or
between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in
the following order:
A. Applicable federal and/or state statutes, regulations, policies and procedures including RCO/funding board policies and
procedures, applicable federal Office of Management and Budget (OMB) circulars and federal and state executive orders;
B. Project agreement including attachments;
C. Special Conditions;
D• Standard Terms and Conditions of the Project Agreement,
SECTION 32. AMENDMENTS
Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties
except period of performance extensions and minor scope adjustments need only be signed by RCO's director or designee.
SECTION 33. LIMITATION OF AUTHORITY
Only RCO or RCO's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority
to alter, amend, modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment, modification, or
waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO.
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PROJAGR.RPT
SECTION 34. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the
Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of
the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached to the
original Agreement.
SECTION 35. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY OR BREACH
The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for, selection for, and scope
of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this
Agreement.
SECTION 36. SPECIFIC PERFORMANCE
The funding board and RCO may enforce this Agreement by the remedy of specific performance, which usually will mean completion
of the project as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy
available to RCO. No remedy available to the funding board or RCO shall be deemed exclusive. The funding board or RCO may elect
to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common
law, or equity.
SECTION 37. TERMINATION
The funding board and RCO will require strict compliance by the sponsor with all the terms of this Agreement including, but not limited
to, the requirements of the applicable statutes, rules and all funding board and RCO policies, and with the representations of the
sponsor in its application for a grant as finally approved by the funding board
A• For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under
this Agreement:
i. In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement; or
ii. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the
completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines
In the event this Agreement is terminated by the funding board or director, under this section or any other section after any
portion of the grant amount has been paid to the sponsor under this Agreement, the funding board or director may require that
any amount paid be repaid to RCO for redeposit into the account from which the funds were derived.
B. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds
through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not
appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any
remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial
Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation
to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not
subject to appeal by the sponsor.
C. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the
second day after the mailing, terminate this Agreement, in whole or in part. If this Agreement is so terminated, RCO shall be liable
only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of
termination.
SECTION 38. DISPUTE HEARING
Except as may otherwise be provided in this Agreement, when a dispute arises between the sponsor and the funding board, which
cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either par Lys request
for a dispute hearing must be in writing and clearly state:
A. The disputed issues;
B. The relative positions of the parties;
C. The sponsors name, address, project title, and the assigned project number.
In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the
procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons
consisting of one person chosen by the sponsor, one person chosen by the director, and a third person chosen by the two persons
initially appointed. If a third person cannot be agreed on, the third person shall be chosen by the funding board's chair.
Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the
nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The
disputes panel shall be governed by the provisions of this Agreement in deciding the disputes.
The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the
authority of either or both parties to perform, as necessary, or is otherwise unlawful.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be
delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other
PSAR Project Agreement - RCO #13-1098R Salmon Funding Accounts
Chapter 77.85 RCW, Chapter 420 WAC Page 15 of 1 s
PROJAGR.RPT
party which
it wishes to dispute. The written
Agreement to use the process under
this section for
resolution of those issues shall be
delivered or
mailed by the receiving party to
the requesting
party within thirty (30)
days of receipt
by the receiving party of the request.
All costs associated with the implementation of this process shall be shared equally by the parties.
SECTION 39. ATTORNEYS' FEES
In the event of litigation or other action brought to enforce contract terms, each parry agrees to bear its own attorney fees and costs.
SECTION 40. GOVERNING LAW/VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit
involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in a county
where the project is situated. The sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
In the cases where this Agreement is between the funding board and a federally recognized Indian Tribe, the following governing
law/venue applies:
A• Notwithstanding the above venue provision, if the State of Washington intends to initiate a lawsuit against a federally recognized
Indian tribe relating to the performance, breach or enforcement of this Agreement, it shall so notify the Tribe. If the Tribe believes
that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court, the Tribe shall so notify the State
within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State, the State shall
bring such lawsuit in federal court; otherwise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of
the Agreement shall be according to applicable State law, except to the extent preempted by federal or tribal law. In the event
suit is brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute
between the State and Tribal Party, then the parties agree to venue in Thurston County Superior Court,
B. Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from such a
lawsuit shall be binding and enforceable on the parties. Any money judgment or award against a Tribe, tribal officers and
members, or the State of Washington and its officers and employees may exceed the amount provided for in Section F- Project
Funding of the Agreement in order to satisfy the judgment.
C. The Tribe hereby waives its sovereign immunity for suit in state court for the limited purpose of allowing the State to bring such
actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to the
performance or breach of this Agreement. This waiver is not for the benefit of any third party and shall not be enforceable by any
third party or by any assignee of the parties. In any enforcement action, the parties shall bear their own enforcement costs,
including attorneys' fees.
For purposes of this provision, the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the
right of the RCO to enforce this Agreement.
SECTION 41. SEVERABILITY
The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever,
such illegality or invalidity shall not affect the validity of the remainder of the Agreement.
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Chapter 77.85 RCW, Chapter 420 WAC Page 16 of 16
PROJAGR.RPT
Project Sponsor:
Project Title:
Program;
Restoration Metrics
Eligible Scope Activities
City of Kent
Mill Creek Side Channel (Leber)
Puget Sound Acq. &Restoration
Worksite #13 Leber Homestead
Targeted salmonid ESU/DPS:
Targeted species (non-ESU species):
Project Identified In a Plan or Watershed Assessment:
Type Of Monitoring:
Riparian Habitat Project
Total Riparian Miles Streambank Treated:
Total Riparian Acres Treated:
Planting
Acres Planted in riparian:
Miles of streambank planted:
Riparian Plant removal / control
Acres of riparian treated for plant removal/control:
Miles of streambank treated for plant removal/control:
Project Number: 13-1098
Project Type: Restoration
Approval: 12/4/2013
Chinook Salmon -Puget Sound ESU,
Chum Salmon -Puget Sound/Strait of
Georgia ESU, Coho Salmon -Puget
Sound/Strait of Georgia ESU, Pink
Salmon -Odd year ESU,
Steelhead-Puget Sound DPS
Bull Trout, Cutthroat
WRIA 9 Green/Duwamish and Central
Puget Sound Watershed Salmon Habitat
Plan -August 2005, priority project LGJ
Lower Mill Creek Floodplain Wetland
and Habitat Restoration
Implementation Monitoring
ELIGREIM.RPT May 22, 2014 Page: 1
Project Number:
Project Name:
Sponsor:
Project Manager:
Milestone Report By Project
13-1098 R
Mill Creek Side Channel (Leber)
Kent City of
Elizabeth Butler
X
Preliminary Design to RCO
05/04/2010
X
I
Cultural Resources Complete
02/29/2012
Attachment #13 (Completed under
10-1125)
X
I
Applied for Permits
02/29/2012
X
Landowner Agreement to RCO
11/29/2013
Sponsor owned property, Not SOAL.
See Deed attached in PRISM.
X
Project Start
12/05/2013
X
Permits Complete
02/01/2014
i
Progress Report Submitted
07/31/2014
Restoration Started
08/01/2014
Bid Awarded/Contractor Hired
09/01/2014
Progress Report Submitted
12/30/2014
Annual Project Billing
12/31/2014
Funding Acknowl Sign Posted
03/15/2015
Final Report in PRISM
03/15/2015
i
Final Design to RCO
03/15/2015
As Built Designs
RCO Final Inspection
03/30/2015
Stewardship Plan to RCO
03/30/2015
Restoration Complete
03/31/2015
Initial Riparian Planting (if additional
funds awarded in 2014, this agreement
may be extended for additional
restoration work)
Agreement End Date
04/30/2015
Project End Date: All expenses must
be incurred by this date.
Final Billing to RCO
05/30/2015
X =Milestone Complete
! =Critical Milestone
1MILESTO.RPT May 22, 2014 Page: 1
ATTACHMENT A
EPA PROVISIONS FOR PSAR PROJECTS
The sponsor, and secondary sponsor where applicable, agrees to the following terms and conons in addition to
the RCO Standard Terms and Conditions.
Cost Principles/Indirect Costs for State Agencies
Sponsor agrees to comply with the cost principles of the below listed federal regulations, to the extent they apply
to the sponsor.
• 2 CFR 225 (A-87) for State, Local, and Indian Tribal Governments
• 2 CFR 220 (A-21) for Educational Institutions
• 2 CFR Part 230 (A-122) for Non -Profit Organizations
An electronic copy of all the circulars and applicable CFR's may be obtained via the Office of Management and
Budget (OMB) Home Web page at: http://www.gpoaccess.gov/cfr/
Unless otherwise indicated, the cost principles apply to the use of funds provided under this agreement and in -
kind matching donations. The applicability of the cost principles depends on the type of organization incurring the
costs.
Audit Requirements
In accordance with OMB Circular A-133, which implements the Single Audit Act, the sponsor hereby agrees to
obtain a single audit from an independent auditor, if it expends $500,000 or more in total Federal funds in any
fiscal year. Within nine months after the end of a sponsor's fiscal year or 30 days after receiving the report from
the auditor, the sponsor shall submit the SF -SAC and a Single Audit Report Package. The sponsor MUST submit
the SF -SAC and a Single Audit Report Package, using the Federal Audit Clearinghouse's Internet Data Entry
System.
For complete information on how to accomplish the single audit submissions, you will need to visit the Federal
Audit Clearinghouse Web site: http://harvester.census.aov/fac/.
A copy of OBM Circular A-133 can be obtained at:
http://www.whitehouse.gov/sites/default/files/omb/assets/a133/a133 revised 2007.pdf.
CREDIT AND ACKNOWLEDGEMENT
In addition to Section 8 of the Standard Terms and Conditions, materials produced must display both the
Environmental Protection Agency (EPA) and Puget Sound Partnership (PSP) logos and the following credit line:
'This project has been funded wholly or in part by the United States Environmental Protection Agency. The
contents of this document do not necessarily reflect the views and policies of the Environmental Protection
Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for
use." This requirement is for the life of the product, whether during or after the Agreement period of performance.
Hotel Motel Fire Safety Act
Sponsor agrees to ensure that all conference, meeting, convention, or training space funded in whole or part with
federal funds, complies with the federal Hotel and Motel Fire Safety Act of 1990. Sponsors may search the Hotel -
Motel List @ http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance or to find other
information about the Act.
Drug Free Workplace Certification
For the duration of this agreement, the sponsor agrees to comply with the drug free provisions. set forth in Title 40
CFR 36.200,
Management Fees
Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable.
The term "management fees or similar charges" refers to the expenses added to direct costs in order to
accumulate and reserve funds for ongoing business expenses, unforeseen liabilities or for other similar costs
December 10, 2013 Page 1 of 4
ATTACH M ENT A
which are not allowable. Management fees or similar charges may not be used to improve or expand the project
funded under this agreement, except for the extent authorized as a direct cost of carrying out the scope of work.
Trafficking in Persons and Trafficking Victim Protection Act of 2000 IVPAI
If the sponsor of this grant is a private entity, you must notify EPA immediately if you receive information that your
employees, subcontractors under this award, and subcontractor's employees engage in severe forms of
trafficking in persons during the period of time that this award is in effect; procure a commercial sex act during the
time that the award is in effect; or use forced labor in the performance of the award or subawards under the
award.
Lobbying
Sponsor agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. Sponsor shall include the
language of this provision in award documents for all sub -awards exceeding $100,000, and require that sub-
awardees submit certification and disclosure forms accordingly.
In accordance with the Byrd Anti -Lobbying Amendment, any sponsor who makes a prohibited expenditure under
Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each expenditure.
All contracts awarded by sponsor shall contain, when applicable, the anti -lobbying provisions as stipulated in the
Appendix at Title 40 CFR Part 30.
Pursuant to Section 18 of the Lobbying Disclosure Act, sponsor affirms that it is not anon -profit organization
described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a non-profit organization
described in Section 501(c)(4) of the Code but does not and will not engage in lobbying activities as defined in
Section 3 of the Lobbying Disclosure Act.
Reimbursement Limitation
If the sponsor expends more than the amount of RCO funding in this agreement in anticipation of receiving
additional funds from RCO, it does so at its own risk. RCOP is not legally obligated to reimburse the sponsor for
costs incurred in excess of the RCO approved budget.
Disadvantaged Business Enterprise Requirements
Sponsor agrees to comply with the requirements of EPA's Utilization of Small, Minority and Women's Business
Enterprises in procurements made under this award.
MINORITY AND WOMEN'S BUSINESS PARTICIPATION
Sponsor agrees to solicit and recruit, to the maximum extent possible, certified minority owned (MBE) and women
owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement.
These goals are expressed as a percentage of the total dollars available for the purchase or Agreement and are
as follows:
Purchased Goods 8% MBE 4% WBE
Purchased Services 10% MBE 4% WBE
Professional Services 10% MBE 4% WBE
Meeting these goals is voluntary and no Agreement award or rejection shall be made based on achievement or
non -achievement of the goals. Achievement of the goals is encouraged, however, and sponsor and ALL
prospective bidders or persons submitting qualifications shall take the following affirmative steps in any
procurement initiated after the effective date of this Agreement:
1. Include qualified minority and women's businesses on solicitation lists.
2. Assure that qualified minority and women's business are solicited whenever they are potential
sources of services or supplies.
3. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit
maximum participation by qualified minority and women Is businesses.
December 10, 2013 Page 2 of 4
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4. Establish deliveryschedules, where work requirements permit, which will encourage participation of
qualified minority and women's businesses.
5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises
(OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as
appropriate.
MBENVBE REPORTING
The sponsor agrees to complete and submit EPA Form 5700-52A "MBENVBE Utilization Under Federal Grants,
Cooperative Agreemetns and Interagency Agreements" beginning with the Federal Fiscal Year reporting period
the sponsor receives the award and continuing until the project is completed. Only procurements with certified
MBENVBEs are counted towards a sponsor's MBENVBE Accomplishments. The reports must be submitted
annually for the period ending September 30th for:
40 CFR Part 30 (Non -Profits and Institutions of Higher Education)
40 CFR Part 35 (Subpart A and Subpart B Recipients)
The reports are due within 15 days of the end of the annual reporting period (October 15th). Reports should be
sent to the PSP Fiscal Office, 326 East D Street, Tacoma, WA 98421.
EPA Form 5700-52A may be obtained at: http://www.epa.govlosbp/pdfs/5700 52a.pdf
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
Pursuant to 40 CFR, Section 33.301, the sponsor agrees to make the following good faith efforts whenever
procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to
ensure that sponsors, and contractors also comply. Records documenting compliance with the six good faith
efforts shall be retained:
(a) Ensure Disadvantaged Business Enterprise (DBEs) are made aware of contracting opportunities to the
fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local
and Government sponsors, this will include placing DBEs on solicitation lists and soliciting them
whenever they are potential sources.
(b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts
and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates
participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations
for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date.
(c) Consider in the contracting process whether firms competing for large contracts could subcontract with
DBEs. For Indian Tribal, State and local Government sponsors, this will include dividing total
requirements when economically feasible into smaller tasks or quantities to permit maximum participation
by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when an Agreement is too large for one of these firms
to handle individually.
(e) Use the services and assistance of the Small Business Administration (SBA) and the Minority Business
Development of the Department of Commerce.
(f) If the sponsor awards subcontracts, require the sponsor to take the steps in paragraphs (a) through (e) of
this section.
Lobbying &Litigation
By signing this agreement, the sponsor certifies that none of the funds received from this agreement shall be used
to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized
under existing law.
The chief executive officer of this sponsor agency shall ensure that no grant funds awarded under this assistance
agreement are used to engage in lobbying of the Federal Government or in litigation against the United States
unless authorized under existing law. The sponsor shall abide by its respective OMB Circular (A-21, A-87, or A-
122), which prohibits the use of Federal grant funds for litigation against the United States or for lobbying or other
political activities.
December 10, 2013 Page 3 of
ATTACHMENT A
For subawards exceeding $100,000, EPA requires the following certification and disclosure forms:
Certification Regarding Lobbying, EPA Form 660M6: http://www.epa.gov/ogd/AppKit/form/Lobbying_sec.pdf
Disclosure of Lobbying Activities, SF LLL: http://www.epa.gov/ogd/AppKit/form/sfillin_sec.pdf
Legal expenses required in the administration of Federal programs are allowable. Legal expenses for prosecution
of claims against the Federal Government are unallowable.
Payment to Consultants
The salary rate (excluding overhead) paid to individual consultants retained by sponsors or by a sponsor's
contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule
(formerly GSA8), to be adjusted annually. This limit applies to consultation services of designated individuals with
specialized skills who are paid at a daily or hourly rate. As of January 1, 2010, the limit is $596 per day, or $74.50
per hour. Subagreements with firms for services which are awarded using the procurement requirements in 40
CFR parts 30 or 31, as applicable, are not affected'by this limitation unless the terms of the contract provide the
sponsor with the responsibility for the selection, direction, and control of the individuals who will be providing the
services under the contract at an hourly or daily rate of compensation. See 40 CFR 30.27(b) or 40 CFR 31.3690)
as applicable.
December 10, 2013 Page 4 of 4
Agenda Item: Consent Calendar – 7F
TO: City Council
DATE: June 17, 2014
SUBJECT: Consultant Services Agreement with Jason Engineering Business, Inc.
for Materials Testing and Inspection for the 2014 Overlay Project –
Authorize
SUMMARY: This project includes the overlay of Central Avenue North from Smith
Street to George Street, South 212th Street from 84th Avenue South to the State Route
167 on ramp, and the intersection of South 212th Street and 84th Avenue South.
The materials needed includes approximately 5,600 tons of hot mix asphalt, 22,000
square yards of planing asphalt concrete, and 23,100 square yards of fabric
reinforcement. The project consists of the installation of the hot mix asphalt and
grinding of old asphalt concrete and fabric reinforcement, to include the restoration of
vehicle detector loops for 5 traffic signals.
Sound Engineering practices dictate that aggregates, asphalt, and cement/concrete,
be tested by a geotechnical laboratory to ensure the construction materials meet
contract specifications. Jason Engineering & Consulting Business Inc., has the
appropriate certifications to perform these tests and was selected through a
competitive process based upon their qualifications.
EXHIBIT(S): Public Works Agreement with Jason Engineering & Consulting Business,
Inc.
RECOMMENDED BY: Public Works Committee
YEA: Ralph, Fincher, Higgins NAY:
BUDGET IMPACTS: This contract will be funded with Business & Occupation Tax
Funds.
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with Jason Engineering & Consulting Business, Inc., for Materials Testing
and Inspection work for the 2014 Overlay project in an amount not to
exceed $43,660, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
This page intentionally left blank.
CONSULTANT SERVICES AGREEMENT - 1
(Over $10,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Jason Engineering & Consulting Business, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Jason Engineering & Consulting Business, Inc. organized under the
laws of the State of Washington, located and doing business at PO Box 181, Auburn, WA 98071,
Phone: (206) 786-8645/Fax: (253) 833-7316, Jason Bell (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 inspection and testing services for the 2014 Asphalt
Overlays Project. 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 December 31, 2014.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Forty Three Thousand, Six Hundred Sixty Dollars ($43,660.00), 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 B.
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 - 2
(Over $10,000)
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 - 3
(Over $10,000)
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 C 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 - 4
(Over $10,000)
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 - 5
(Over $10,000)
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:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Jason Bell
Jason Engineering & Consulting Business, Inc.
PO Box 181
Auburn, WA 98071
(206) 786-8645 (telephone)
(253) 833-7316 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
JECB - Overlays 2014/Kuehne
EEO COMPLIANCE DOCUMENTS - 1
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: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EEO COMPLIANCE DOCUMENTS - 2
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 - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
eon Jason Geotechnical Engineering Date; 04 21-2014
Engineering & Retaining Wall/ Pavement Design Project: 2014 Asphalt
Consulting Construction Management Overlays, Kent#
Business, Inc. WABO / AASHTO Inspection & Testing File #: p14-025
Scope of Services, Exhibit A
Provide special inspection including density tests to confirm compaction and testing specification
requirements for soils and asphalt, and concrete inspection and sampling.
Provide construction manager/inspection and monitor site activities for pay estimate preparation and
quantity tracking.
vw Sample imported material to evaluate and confirm specification requirements according to current
applicable standards.
Provide miscellaneous professional services related to this project as directed.
s� Provide to the owner within two hours of discovery, notification of failing test results related to
materials testing, concrete cylinder breaks or other critical test results as determined by the Owner's
Representative.
go Provide time sheets with each invoice that verify consultant employee(s), day, date and times worked,
hourly rate, total per day, tests performed and test fees, and any other pertinent information required
to verify invoiced charges.
Hourly rates include all test equipment for our services (there are no hidden extra costs involved). A
Licensed P.E. reviews all reports. Reports are sent to all parties on the project distribution list.
The hourly rate is based upon portal-to-portal time. The hourly rates shown below are applicable for
all work performed. There is a minimum charge of 2 hours for normal inspection and professional
engineering services. (Weekends are minimum 4 hours)
An overtime rate of 1.5 times the hourly rate will be charge for all work in excess of the normal 8 hour
working day, weekends, nights and legal holidays.
Equipment & materials will include equipment used by an inspector the field in the performance of
normal inspection duties. We request a minimum of 24 hours notice for scheduling.
No mileage is charged within Auburn and Kent City limits
Phone: (206)-78h-8G45 Email: Jason@jasonengineeruig.com
PO Box 181 Auburn WA. 98071
Jason
Engineering &
Consulting
Business, Inc.
job Descriptions
Geotechnical Engineering Date: 04-21-2014
Retaining Wall/ Pavement Design Project: 2014 Asphalt
Construction Management Overlays, Kent#
WABO / AASHTO Inspection & Testing File #: p14-025
Asphalt /Concrete Inspector
Continuously or periodically monitor and inspect elements for conformance to approved plans
and construction documents. Sample materials for specification conformance and maximum
density analysis. Check compaction and optimum moisture content using a nuclear densometer.
Additional compliance testing may include; sand equivalent, organic content, atterburg limits,
hydrometer.
Concrete /Masonry Inspector
Continuously or periodically monitor and inspect elements for conformance to approved plans
and construction documents. Monitor/inspect reinforcement for size, type, grade, location,
embedment, cleanliness, and clearance. Sample material for verification of air content, slump, and
compressive strength per ASTM and IBC codes. Specimens will be cast, transported and cured per
ASTM.
Construction Manager/Inspection
Review reports by field inspectors and laboratory analysis prior to distribution to the project team
members. Manage phases of project delivery including initiating, planning, executing, monitoring,
controlling and closing. Coordinate with property owners, utility contractors and city personnel. .
Track quantities, machinery, manhours etc, used for verification of pay estimate preparation and
contractor invoices. Review plans for constructability,
Admin
Process reports from field inspectors. Process reports from lab test data (i.e. soils, asphalt and
concrete). File, organize and distribute reports to the client, architect, engineer, building official
and those directed by the client for the distribution list. Answer phones and direct clients to
appropriate JECB personnel.
Professional Engineer
Provide engineering analysis, design, recommendations, documentation, drawings and
specifications for structural items requiring a stamp by a licensed engineer.
Phone: (206)-786-8645 Email: JasonCa?jasonenglneering.com
PO Box 181 Auburn WA. 98071
Jason Geotechnical Engineering Date: 04 21-2014
Engineering & Retaining Wall/ Pavement Design Project: 2014 Asphalt
Consulting Construction Management Overlays, Kent#
Business, Inc. WABO / AASHTO Inspection & Testing File #: p14 025
Schedule vj Fees cfr Services, Exhibit B
PROFESSIONAL SERVICES
Inspection TESC Supervisor
Asphalt/Soils w/Densometer
Reinforced Concrete/Masonry
Administrative Services
Construction Mgr
Staff Engineer/Geologist
Senior Geotechnical Engineer, PE
LABORATORY SERVICES
ASPHALT, HMA
Asphalt, Ignition & Gradation (AASHTO T27,ASTM D2172)
Asphalt, Rice Specific Gravity (ASTM D2041, AASHTO T245
CONCRETE
Concrete, Cylinders Compression (ASTM C39)
SOILS/AGGREGATE
Soil, Atterberg Limits
Soil, California Bearing Ratio (CBR)
Soil, Fracture Count (ASTM D5821)
Soil, Hydrometer
Soil, Moisture Content
Soil, Organic Content
Soil, Proctor/Moisture-Density Relation (ASTM D1557, D698)
Soil, Sand Equivalent Test (ASTM D2419)
Soil, Sieve Analysis of Fine and Coarse Aggregates (T27-06)
OTHER
Overtirne,l.5 times hourly rate
Equipment &Materials Costs
Qty. Unit Rate Total Est.
$50.00 per hour $0.00
600 $50.00 per hour $30,000.00
$50.00 per hour $0.00
20 $40.00 per hour $800.00
100 $60.00 per hour $6,000.00
$75.00 per hour $0.00
20 $95.00 per hour $1,900,00
Unit Rate
16 $150.00 each $2,400.00
16 $85.00 each $1,360.00
$18.00 each $0.00
$160.00 each $0.00
$550.00 each $0.00
16 $75.00 each $1,200.00
$160.00 each $0.00
$30.00 each $0.00
$55.00 each $0.00
$150.00 each $0.00
$75.00 each $0.00
$125,00 each $0.00
$0.00
1.5 x hourly rate per hour
Cost + 15%
Estimated Project Total:
Phone: (206)-786-8645 Email: Jason�?jasonengineerilig.com
PO Box 181 Auburn WA. 98071
$43,660.00
EXHIBIT C 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.
EXHIBIT C (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 A:VII. 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.
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Agenda Item: Consent Calendar- 7G
TO: City Council
DATE: June 17, 2014
SUBJECT: IT – Multimedia & Accounting Technician Position – Authorize
SUMMARY: The proposed position adjustments will have no resulting 2014 budget
increase implications. This will, however, increase the 2015 baseline budget by
approximately $48,065 annually.
Historically, the Multimedia Print Technician position was budgeted at .69 of an FTE for
over ten (10) years, but has worked at more than a fulltime level when considering
overtime paid to sufficiently cover the associated duties being performed. The
Multimedia Graphics Design position has been in the same situation since reductions in
staff occurred in 2009 and 2010, effectively eliminating two (2) separate graphic
designers in the IT Department’s Multimedia division.
Working with Finance, HR and the Acting CAO, the IT Department has demonstrated
the immediate need for an Accounting Technician to perform the requisite duties
associated with overall IT journaling, accounts receivable/accounts payable, purchase
orders, as well as Multimedia job costing and invoicing support in their work-order
management system – Avanti.
EXHIBIT(S): None.
RECOMMENDED BY: Operations Committee
YEA: Thomas – Boyce - Ralph NAY:
BUDGET IMPACTS: IT Operating Budget allocations approved as a part of the 2013–
2014 biennial budget sufficiently cover the requested adjustments for 2014. An
increase of approximately $48,065 annually would be required beginning in 2015 and
for subsequent years.
MOTION: Authorize an increase to the existing Multimedia Print Technician
and Multimedia Graphics Designer positions to 1.00 FTE each, and establish
a new Accounting Technician position subject to terms and conditions
acceptable to the Human Resources and Information Technology Director.
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Agenda Item: Consent Calendar – 7H
TO: City Council
DATE: June 17, 2014
SUBJECT: Microsoft Product Licensing – 2014 Enterprise Agreement – Authorize
SUMMARY: The City has a number of Microsoft software products deployed
throughout our desktop computers, mobile devices and servers. In June of 2008, the
City entered into a three year Enterprise License Agreement (“EA”) with Microsoft
through a Value Added Reseller (“VAR”) for these software products. The agreement
was comprised of three annual payments, totaling approximately $650,000.
The City again renewed its agreement in 2011 after a significant reduction and total
replacement of several Microsoft products deployed for another three years at a cost
of approximately $140,000. June 1st of 2014 marks the renewal date for the next
three year EA.
In an effort to more closely align the EA timeframe with the city’s biennial budget
cycle, this agreement covers the last 8 months of this year, plus the next biennial
budget cycle, for a total contract term of 2 years, 8 months. The total cost of this
agreement over that term is $440,209.76, based on the latest quote from our VAR.
This reflects an annual cost that is more than triple what the city paid over the last EA.
To complicate matters, Microsoft has told the city that, if payment for the first 8
month term is not promised by the end of May, 2014, the city will have to re-license
these products at an additional cost of nearly $500,000. In order to avoid that
penalty, the city has verbally committed to this timeframe with the VAR, which is the
reason the motion includes a ratification clause.
EXHIBIT(S): None
RECOMMENDED BY: Operations Committee
YEA: Thomas – Boyce - Ralph NAY:
BUDGET IMPACTS: The original related IT Operating Budget allocation coupled with
the 2013 Council approved biennial adjustment adequately covers the associated 2014
cost. Consideration for the remaining two years will be requested as a part of the
2015-2016 budget cycle.
MOTION: Authorize the Mayor to execute all documents necessary to enter
into a two year and eight month contract with CompuCom Systems, Inc., the
reselling agent for Microsoft Inc., to renew the Microsoft Enterprise
Software Agreement, and to ratify all acts consistent with this motion.
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Agenda Item: Consent Calendar – 7I
TO: City Council
DATE: June 17, 2014
SUBJECT: Print Shop Copier/Multi-Function Device Replacement – Authorize
SUMMARY: In May 2005 the City entered into a 60 month lease with Xerox for: 1) a
production B&W 120 MFD, 2) a B&W model 2101 back-up MFD, and 3) a 42 page-per-
minute color MFD. In 2010, at the end of the lease, we returned the B&W 2101 and
kept two machines on a yearly maintenance program. The intent was to keep these
two machines until we replaced the entire City MFD fleet in 2015. In mid to late
January 2014 we received a 90 day notice of termination of all support and
maintenance contracts for our B&W production machine effective March 31, 2014. We
were able to extend support for an additional 90 days, which ends June 30, 2014. We
tested the top five B&W and color production brands from six different companies over
the last several months. These brands included: Canon, Konica-Minolta, Ricoh, Sharp
and Xerox. We received 6 proposals in response to an RFP. We compared price,
features, quality and vendor knowledge of product. Canon, Konica-Minolta and Xerox
best matched our requirements. Canon and Konica-Minolta had significantly lower
pricing. From those we compared the combination of features, samples and
references and selected Konica-Minolta.
We are pleased to note that we are getting more speed and features with better
workflow for less than the 2005 pricing on our two existing Xerox machines. We also
have negotiated to purchase these MFDs rather than lease them creating an additional
$25,000 savings compared to a 5-year lease for the same equipment.
EXHIBIT(S): 1) Copier Comparison Spreadsheets
2) Canon, Konica-Minolta & Xerox proposals
RECOMMENDED BY: Operations Committee
YEA: Thomas – Boyce - Ralph NAY:
BUDGET IMPACTS: IT Operating Budget allocations approved as a part of the 2013–
2014 biennial budget process are sufficient to cover the cost of this replacement. No
budget adjustment is needed.
MOTION: Authorize the Mayor to sign all documents necessary to purchase
two Konica-Minolta Multifunction Printing Devices not to exceed $124,000
plus applicable taxes and fees, and to enter into a maintenance agreement
subject to terms and conditions acceptable to the Information Technology
Director and City Attorney.
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Xerox Corporation
Machine Xerox Proposed Option 1 Xerox Proposed Option 1 Option 1 Combined
Model D120-D110 560 proposed (tested 550)
Type (B&W/Color)B&W Color
Pages per minute Color NA 60 ss 30 ds
Pages per minute B&W 125 ppm ss B&W/62.5 DS B&W 60 ss 32 ds
Impressions per toner cartridge 65,000 32,000
Fuser Life 500,000 200,000
Drum Life
Duty Cycle
Recommendation
Eliminated due to
Price
Technology stagnation
Ongoing difficulty with Company over service and
billing
References from former custumers noting same
customer service issues with billing.
Eliminated due to
Price
Technology stagnation
Ongoing difficulty with Company over service
and billing
References from former customers noting same
customer service issues with billing.
Monthly lease before tax Base $1,363.00 $507.00 $1,870.00
Monthly lease scanner
Monthly lease Front end software/hardware $776.0348 $303.00 $1,079.03
Folder/GBC
Decurler
SUBTOTAL $2,139.03 $810.00 $2,949.03
Included impressions if any 50,000 mo 0 mo
Color Click Charge na 0.0568
B&W Click Charge 0.0039 0.0115
Total click price based on 250,000 B&W $780.0000 na $780.00
Total click price BW on color mfd for 10,000 115.0000 $115.00
Total click price based on 30,000 Color 1,704.0000 $1,819.00
Total Monthly lease and click $2,919.0348 $2,629.0000 $5,663.03
Purchase Price
60 month lease cost
GBC Binding
Base feature summary 60 mo lease
Speed 120/62.5
4 drawers, 2 8.5x11 and 2 adj.
3,000 sheet 8.5x11
_____# sheet trays 1-2 Half fold booklet, engineer, Zfold
Freeflow MakeReady
60 mo lease
Speed 60*/30?
4 drawers, 2 8.5x11 and 2 adj.???
3,000 sheet 8.5x11
_____# sheet trays 1-2 Half fold booklet, engineer, Zfold
Freeflow MakeReady
60 mo lease
Extras None None
Note this color machine is the exact 42 ppm machine we now
have but the engine speed has been pushed with software.
Concerned about this machine.
References a
Samples
Registration 1 mm registration - Independent shift .7 mm
Tray Standards & Set up 4 trays, 2 - 8.5x11, 2 - variable size trays. 4 + bypass
Tray 1 Reverse NCR 5.5x8.5 Adjustable to 12x18
Tray 2 Reverse NCR 5.5x8.5 Adjustable to 12x18
Tray 3 Reverse NCR 8.5x11
Tray 4 Reverse NCR 8.5x11
Tray 5 Straight NCR na
Tray 6 Straight NCR na
Tray 7 Straight NCR na
Tray 8
Bypass 4x6 Adjustable to 13x19
Scanning Friction Feed Friction Feed
Scan to network yes yes
Scan to e-mail yes yes
Scan to usb yes yes
Scan to FTP Scanning double sided same time Scanning one side at a time auto duplex
DPI
Scanning 600 dpi scan 200-600 dpi
Printing/Copying 2400 dpi print res 2400x2400 dpi print resolution
Front End Controller MakeReady (xerox's program)Fiery or Free Flow (makeready)
Front End specifications Licensed Program that we could put on our own machine. Licensed by
user. Can be on a shared drive. VIP pro publisher, plug in for indesign
for mail merge jobs -"background forms" used for variable data (mail
merge) -freeflow (print server) has moved from the machine interface
to a desktop system, simple edits -"freeflow" is xerox's print server.
Fiery is its own company
Tested Fiery
Program trays
Tab wizard
Color Printing on Tabs
Hot Folder (preset jobs by dropping artowork into a custom
layout template)
Remove and add single page
Can be used on any machine
Gloss simulation setting
able to condense programs (make ready & freeflow) to a single work
station.
able to condense programs (make ready & freeflow) to a
single work station.
Paper
Size 4x6-13x19* (* through bypass)
Weight
NCR
??/Additional Tray is air assisted???
Power Xerox in Tukwilla Xerox in Tukwilla
Power Requirements 120
Plug Type
Ventilation Requirements none
Finishing - Standard
2/3 hole punch, multi position staple head and postfuser inserter and
decurler
2/3 hole punch, multi position staple head and postfuser
inserter and decurler
Finishing Other - Add on Booklet Maker with decurler Booklet Maker with decurler
square back maker square back maker
Swappable Dye punchers available Swappable Dye punchers available
Staple Single staple with multiple positions Single staple with multiple positions
Staple Sheets 50 sheets coated or uncoated 50 sheets coated or uncoated
Eng. Fold, z fold, Booklet maker
Other Add-on Options
High Volume trays 5/6 plus bypass
Maintenance Feature
Imaging Drum Operator Maintained Imaging Drum Operator Maintained
Extras
post fuser inserter.post fuser inserter.
additional decurler on booklet maker Built in decurler
Notes/thoughts:
machine interface is more for scanning and simple copies off the
scanner.
machine interface is more for scanning and simple copies off
the scanner.
ordered stock recovery, ie tabs, NCR.ordered stock recovery, ie tabs, NCR.
-NOT RECOMMENDED, running preprinted shells through the fuser.
Xerox doesn't support running preprinted media.Not mentioned
Print Now Option is available from machine (print something in the
middle of another run, then go back to first job
Print Now Option is available from machine (print something
in the middle of another run, then go back to first job
They could not answer basic technical questions but referred us to the
"Customer Expectations Document?
They could not answer basic technical questions but referred
us to the "Customer Expectations Document?
Scanner has auto file split function for oversized files sent via e-mail
Scanner has auto file split function for oversized files sent via
e-mail
Same old - no innovation Same old - no innovation
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Konica Minolta Business Systems U.S.A., Inc.
Machine Biz Hub Press 1250 (option (2)BizHub Press C1060
Model Bizhub 1250 Option 2 BizHub Press C1060 Total Konika Option 2 totals
Type (B&W/Color)B&W B&W separate click charges
Pages per minute Color na 60 ppm ss, 31 ds
Pages per minute B&W 125 ds and ss 60 ppm
Impressions per toner cartridge 137,000
Fuser Life
Drum Life 1,000,000 impressions
Duty Cycle 3 million impressions
Recommendation
1st Choice based on:
Price - Lowest lease and click charge
Features - Envelope printing, print drivers
Quality - Resolution
References
1st Choice based on:
Price - Lowest lease and click charge
Quality - Color clarity and Resolution
Features - Envelope printing, print drivers
References
Monthly lease before tax Base $1,239.7100 $833.5200 $2,073.2300
Monthly lease scanner na
Monthly lease Front end
software/hardware $186.7500 $186.7500 $373.5000
Folder/GBC
Decurler
SUBTOTAL $1,426.4600 $1,020.2700 $2,446.7300
Included impressions if any 0 na 0 na
Color Click Charge na $0.0370
B&W Click Charge $0.00295 $0.0090
Total click price based on 250,000
B&W $737.5000 na $737.5000
Total click price BW on color mfd for
10,000 na $90.0000 $90.0000
Total click price based on 30,000 Color na $1,110.0000 $1,110.0000
Total Monthly lease and click $2,163.9630 $2,220.2700 $4,384.23
60 month lease cost 85,587.60 61,216.20 $146,803.80
Purchase Price
p
u 60,770.80 40,860.00 $101,630.80
5 year savings if purchased $24,816.8000 $20,356.2000 $45,173.0000
Base feature summary 60 mo lease
Speed 125/125 pages per minute
5 paper trays (total 8,000)
8.5x11 large capacity = 5,000
2 station post insertion
50 paper sheet booklet maker (200 pg)
3 HOLE DRill and standard face trime
Tri, Z, Eng and booklet fold, half, gate, paralell gate
100 sheet staple
11x17 single click
Print Groove Front End
60 mo lease
Speed 60/31
5 papers trays (total 4,000)
8.5x11 large capacity = 1,500
Staple only
80 page saddle stitch booklet no face trim
3-hole punch
100 sheet
PrintGroove Front End
Professional puncher
Extras
Envelope Kit in any tray
Variable data spooling time - continuous
air separate vacuum feed
Envelope Kit in any tray
11x17 single click
air separate vacuum feed
Recycling program available
pluses:
Envelope Kits
Finishing modules interchangeable between the two machines.
pluses:
Envelope Kits
Finishing modules interchangeable between the two machines.
Price
8 bit color depth resolution
All but one reference was good
minuses:
One reference gave all the negatives on the color machine
More Complicated work flow 2-step work flow - needs Printgroove then Fiery
to release
switching out fusers in color for 8.5x11 & 11x17 jobs to avoid line marks
References
2 B&W References good said: -
- minimal down time between calls
- thought service response time was good 4 hrs
- thought service quality was good
- thought billing was ok but not their area
3 color References good said: -
- minimal down time between break downs.
-Same print quaility as the xerox 242 considered it good quaility.
Poor references
Color - comes with bad clutch but can be fixed
- high static on paper coming off
- 1 had some billing issues on color click charges
- 1 currently has machine down because of lines appearing in the prints
- 1 reference said poor front to back registration over time
- registration tolerance too loose
- some poor service response times
B&W -difficultly booklet stapling cover stock
- won't run label stock
- Cannot subset variable data
Both - limited hard drive for scanning
- Uses lots of toner
Samples Selected as first choice by blind tests Selected as first choice by blind tests
Registration .05 mm 11x17 -13x19 single click
Tray Standards & Set up all trays programmable same
Tray 1 4x6 to 12x18 standard 4x6 to 13x19 standard
Tray 2 4x6 to 12x18 standard 4x6 to 13x19 standard
Tray 3 4x6 to 12x18 High cap. Add on 4x6 to 13x19 High cap. Add on
Tray 4 4x6 to 12x18 High cap. Add on 4x6 to 13x9 High cap. Add on
Tray 5 4x6 to 12x18 High cap. Add on 4x6 to 13x19 High cap. Add on
Tray 6 na na
Tray 7 na na
Tray 8 na na
Bypass Only if no high capacity Only if no high capacity
Envelope Kit in any tray Envelope Kit in any tray
Scanning
Scan to network Yes
Scan to e-mail Yes Yes
Scan to usb No Yes
Scan to FTP Single head scanner No
No air assisted scanner - friction wheel scanner Single head scanner
No air assisted scanner - friction wheel scanner
DPI
Scanning 600 dpi single head B&W plus glass 600 dpi
Printing/Copying 1200 1200 dpi 8 bit (usually 1 bit)
Front End Controller
Front End specifications Demo scheduled
Paper
Size 4x6 to 12x18
Weight 11 lb bond to 130 lb cover DS
NCR NCR all trays
??/Additional Tray is air assisted???High capacity air assisted and Vacuum fed
Power
Power Requirements 20 amp 206 volts
Plug Type ?
Ventilation Requirements None 6 inches off wall
Finishing - Standard
Booklet, sticktch 2 and 3 hole punch. , z-fold, trifold by gate
switching, same with staples and punching (addl $ for switchable
unit) Does the tech have to do this?
Finishing Other - Add on Offload is 4,000 sheets standard
GBC Puncher - Doesn't slow down?
Punches one sheet at a time Doesn't slow down?
Staple Post inserter standard - 2 pick points on top of folder
Staple Sheets
Up to 6 folds, and can be used as an offline folder with the
machine in idle
Saddle stitch up to 200 sheets (25 11x17)
Trimmer, but add on
Simulated perfect bind add on
Nesting folding, like nested letters, with three sheets. Eg Print
Utility Bill with two inserts folded not stapled - With finisher
Other Add-on Options
High capacity offload tray
Maintenance Feature
Easy fuser swap
Whole engine slides out for easy maintence
Some operator mtc training
Extras
Post fuser inserter 2 pick points
Built in decurler
Notes/thoughts:
In cahoots with Heidelburg. This is like a press only with heat
toner. Designed with a press in mind. 8 bit color makes it a crisper image
Solid steel machine
Special toner, low fuser temp
Different plug/power source for each finisher
Manually control registration for print engine or tray by tray.
Actual manual tray registration like a press.
All trays are air assisted, high capacity trays are suction fed
Can't engineer fold and insert when three hole drill or GBC punch
115
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Konica Minolta Business Systems U.S.A., Inc.
Machine Biz Hub Press 1250 (option (2)BizHub Press C1060
Model Bizhub 1250 Option 2 BizHub Press C1060 Total Konika Option 2 totals
Type (B&W/Color)B&W B&W separate click charges
Pages per minute Color na 60 ppm ss, 31 ds
Pages per minute B&W 125 ds and ss 60 ppm
Impressions per toner cartridge 137,000
Fuser Life
Drum Life 1,000,000 impressions
Duty Cycle 3 million impressions
Recommendation
1st Choice based on:
Price - Lowest lease and click charge
Features - Envelope printing, print drivers
Quality - Resolution
References
1st Choice based on:
Price - Lowest lease and click charge
Quality - Color clarity and Resolution
Features - Envelope printing, print drivers
References
Monthly lease before tax Base $1,239.7100 $833.5200 $2,073.2300
Monthly lease scanner na
Monthly lease Front end
software/hardware $186.7500 $186.7500 $373.5000
Folder/GBC
Decurler
SUBTOTAL $1,426.4600 $1,020.2700 $2,446.7300
Included impressions if any 0 na 0 na
Color Click Charge na $0.0370
B&W Click Charge $0.00295 $0.0090
Total click price based on 250,000
B&W $737.5000 na $737.5000
Total click price BW on color mfd for
10,000 na $90.0000 $90.0000
Total click price based on 30,000 Color na $1,110.0000 $1,110.0000
Total Monthly lease and click $2,163.9630 $2,220.2700 $4,384.23
60 month lease cost 85,587.60 61,216.20 $146,803.80
Purchase Price
p
u 60,770.80 40,860.00 $101,630.80
5 year savings if purchased $24,816.8000 $20,356.2000 $45,173.0000
Base feature summary 60 mo lease
Speed 125/125 pages per minute
5 paper trays (total 8,000)
8.5x11 large capacity = 5,000
2 station post insertion
50 paper sheet booklet maker (200 pg)
3 HOLE DRill and standard face trime
Tri, Z, Eng and booklet fold, half, gate, paralell gate
100 sheet staple
11x17 single click
Print Groove Front End
60 mo lease
Speed 60/31
5 papers trays (total 4,000)
8.5x11 large capacity = 1,500
Staple only
80 page saddle stitch booklet no face trim
3-hole punch
100 sheet
PrintGroove Front End
Professional puncher
Extras
Envelope Kit in any tray
Variable data spooling time - continuous
air separate vacuum feed
Envelope Kit in any tray
11x17 single click
air separate vacuum feed
Recycling program available
pluses:
Envelope Kits
Finishing modules interchangeable between the two machines.
pluses:
Envelope Kits
Finishing modules interchangeable between the two machines.
Price
8 bit color depth resolution
All but one reference was good
minuses:
One reference gave all the negatives on the color machine
More Complicated work flow 2-step work flow - needs Printgroove then Fiery
to release
switching out fusers in color for 8.5x11 & 11x17 jobs to avoid line marks
References
2 B&W References good said: -
- minimal down time between calls
- thought service response time was good 4 hrs
- thought service quality was good
- thought billing was ok but not their area
3 color References good said: -
- minimal down time between break downs.
-Same print quaility as the xerox 242 considered it good quaility.
Poor references
Color - comes with bad clutch but can be fixed
- high static on paper coming off
- 1 had some billing issues on color click charges
- 1 currently has machine down because of lines appearing in the prints
- 1 reference said poor front to back registration over time
- registration tolerance too loose
- some poor service response times
B&W -difficultly booklet stapling cover stock
- won't run label stock
- Cannot subset variable data
Both - limited hard drive for scanning
- Uses lots of toner
Samples Selected as first choice by blind tests Selected as first choice by blind tests
Registration .05 mm 11x17 -13x19 single click
Tray Standards & Set up all trays programmable same
Tray 1 4x6 to 12x18 standard 4x6 to 13x19 standard
Tray 2 4x6 to 12x18 standard 4x6 to 13x19 standard
Tray 3 4x6 to 12x18 High cap. Add on 4x6 to 13x19 High cap. Add on
Tray 4 4x6 to 12x18 High cap. Add on 4x6 to 13x9 High cap. Add on
Tray 5 4x6 to 12x18 High cap. Add on 4x6 to 13x19 High cap. Add on
Tray 6 na na
Tray 7 na na
Tray 8 na na
Bypass Only if no high capacity Only if no high capacity
Envelope Kit in any tray Envelope Kit in any tray
Scanning
Scan to network Yes
Scan to e-mail Yes Yes
Scan to usb No Yes
Scan to FTP Single head scanner No
No air assisted scanner - friction wheel scanner Single head scanner
No air assisted scanner - friction wheel scanner
DPI
Scanning 600 dpi single head B&W plus glass 600 dpi
Printing/Copying 1200 1200 dpi 8 bit (usually 1 bit)
Front End Controller
Front End specifications Demo scheduled
Paper
Size 4x6 to 12x18
Weight 11 lb bond to 130 lb cover DS
NCR NCR all trays
??/Additional Tray is air assisted???High capacity air assisted and Vacuum fed
Power
Power Requirements 20 amp 206 volts
Plug Type ?
Ventilation Requirements None 6 inches off wall
Finishing - Standard
Booklet, sticktch 2 and 3 hole punch. , z-fold, trifold by gate
switching, same with staples and punching (addl $ for switchable
unit) Does the tech have to do this?
Finishing Other - Add on Offload is 4,000 sheets standard
GBC Puncher - Doesn't slow down?
Punches one sheet at a time Doesn't slow down?
Staple Post inserter standard - 2 pick points on top of folder
Staple Sheets
Up to 6 folds, and can be used as an offline folder with the
machine in idle
Saddle stitch up to 200 sheets (25 11x17)
Trimmer, but add on
Simulated perfect bind add on
Nesting folding, like nested letters, with three sheets. Eg Print
Utility Bill with two inserts folded not stapled - With finisher
Other Add-on Options
High capacity offload tray
Maintenance Feature
Easy fuser swap
Whole engine slides out for easy maintence
Some operator mtc training
Extras
Post fuser inserter 2 pick points
Built in decurler
Notes/thoughts:
In cahoots with Heidelburg. This is like a press only with heat
toner. Designed with a press in mind. 8 bit color makes it a crisper image
Solid steel machine
Special toner, low fuser temp
Different plug/power source for each finisher
Manually control registration for print engine or tray by tray.
Actual manual tray registration like a press.
All trays are air assisted, high capacity trays are suction fed
Can't engineer fold and insert when three hole drill or GBC punch
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Agenda Item: Consent Calendar – 7J
TO: City Council
DATE: June 17, 2014
SUBJECT: Parking Zone Amendment Ordinance - Adopt
SUMMARY: The City Council finds that from time to time, there may be good cause,
for the protection of the public health, safety and welfare, or due to emergency
situations, to allow the owners or operators of certain trucks or semi-trailers to park
on the public roadways.
This ordinance will provide a mechanism for the Chief of Police to suspend restrictions
relating to the parking of certain trucks and semi-trailers on the public roadways
during specified periods in order to benefit the public health, safety or welfare.
EXHIBIT(S): Ordinance
RECOMMENDED BY: Public Safety Committee
YEA: Berrios - Thomas – Ralph NAY:
BUDGET IMPACTS: None.
MOTION: Adopt Ordinance No. , amending Kent City Code 9.38
authorizing the Chief of Police to suspend the enforcement of certain
parking restrictions in order to protect the public health, safety and welfare.
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1 Amend KCC 9.38
Parking Ordinance
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.38
of the Kent City Code, entitled “Parking,”
authorizing the Chief of Police the power to
suspend the enforcement of parking restrictions in
order to protect the public health, safety and
welfare.
RECITALS
A. The City council finds that from time to time, there may be
good cause, for the protection of the public health, safety and welfare, or
due to emergency situations, to allow the owners or operators of certain
trucks or semi-trailers to park on the public roadways.
B. This ordinance will provide a mechanism for the Chief of
Police to suspend restrictions relating to the parking of certain trucks and
semi-trailers on the public roadways during specified periods in order to
benefit the public health, safety or welfare.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
2 Amend KCC 9.38
Parking Ordinance
ORDINANCE
SECTION 1. –Amendment. Chapter 9.38 of the Kent City
Code, entitled, “Parking,” is hereby amended as follows:
Sec. 9.38.120. Parking of trucks on city streets – Finding.
A. The city council finds that the parking and storage of commercial
trucks, vans, tractor trailers, and semi-trailers with a maximum gross
vehicle weight exceeding eight thousand (8,000) pounds presents
unacceptable risks and hazards to public health, safety, and welfare when
such vehicles are parked or stored on city streets at times when such
vehicles are not engaged in business or commercial activity.
B. The city council also recognizes that under some circumstances, it
may benefit the public health, safety and welfare to park the above
described vehicles on certain city streets, and that there should be a
mechanism to permit the chief of police to suspend the enforcement of
parking restrictions relating to those vehicles to allow those vehicles to
park on city streets temporarily and during certain time frames.
Sec. 9.38.130. Parking and storage of certain vehicles –
Penalty.
A. No commercial truck, vehicle, van, trailer, or semi-trailer, whether
licensed or unlicensed, exceeding eight thousand (8,000) pounds as
defined in RCW 46.44.036, 46.44.037, or 46.44.041 may be stored or
parked upon any city street for longer than two (2) hours, except for those
periods of time when such vehicle is being loaded or unloaded or where
parking or storage is otherwise prohibited.
3 Amend KCC 9.38
Parking Ordinance
B. Any violation of this section shall be an infraction and punishable by
a monetary penalty of two hundred fifty dollars ($250). Vehicles parked in
violation of this section are subject to impoundment as provided by law.
C. The chief of police shall have the authority to suspend the
enforcement of this section in the event he or she, in his or her discretion,
determines that suspension of enforcement will benefit the public health,
safety and welfare. Any suspension of enforcement of this section shall be
in writing delivered to the office of the mayor and shall specify the times
and dates in which the suspension shall be effective. The suspension of
enforcement shall also suspend the enforcement of Kent City Code sections
9.38.180(A)15, 9.38.180(B)(6) and 9.38.180(C)(2), as well as applicable
sections of Kent City Code section 9.38.020. Any truck, vehicle, van,
trailer, or semi-trailer parked in accordance with the terms of the
suspension of enforcement shall be parked in compliance with applicable
requirements of the Revised Code of Washington and the Washington
Administrative Code.
Sec. 9.38.140. Parking of certain trailers or semi-trailers –
Penalty.
A. Except as provided in KCC 9.38.130, no trailer or semi-trailer shall
be parked upon any city street unless the trailer or semi-trailer is attached
to a vehicle by which it may be propelled or drawn. In case of accident
such trailer or semi-trailer may be moved to the side of the street, and if a
good and sufficient red signal is displayed at both ends of the trailer or
semi-trailer during the hours of darkness, such trailer or semi-trailer may
be permitted or allowed to remain for a period not exceeding twenty-four
(24) hours pending removal except that such trailer or semi-trailer shall
not remain upon any portion of a city street where standing or parking is
4 Amend KCC 9.38
Parking Ordinance
limited or prohibited for a period longer than is necessary to effect its
removal.
B. Any violation of this section shall be an infraction and punishable by
a monetary penalty of two hundred fifty dollars ($250). Vehicles parked in
violation of this section are subject to impoundment as provided by law.
C. The chief of police shall have the authority to suspend the
enforcement of this section in the event he or she, in his or her discretion,
determines that suspension of enforcement will benefit the public health,
safety and welfare. Any suspension of enforcement of this section shall be
in writing delivered to the office of the mayor and shall specify the times
and dates in which the suspension shall be effective. The suspension of
enforcement shall also suspend the enforcement of Kent City Code sections
9.38.180(A)15, 9.38.180(B)(6) and 9.38.180(C)(2), as well as applicable
sections of Kent City Code section 9.38.020. Any trailer or semi-trailer
parked in accordance with the terms of the suspension of enforcement
shall be parked in compliance with applicable requirements of the Revised
Code of Washington and the Washington Administrative Code.
SECTION 2. – Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
5 Amend KCC 9.38
Parking Ordinance
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4. – Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
ARTHUR FITZPATRICK, ACTING CITY ATTORNEY
PASSED: day of , 2014.
APPROVED: day of , 2014.
PUBLISHED: day of , 2014.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
P:\Civil\Ordinance\Parking KCC 9.38.doc
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Agenda Item: Consent Calendar – 7K
TO: City Council
DATE: June 17, 2014
SUBJECT: 112th Avenue SE Watermain Project – Accept as Complete
SUMMARY: The City installed watermain, storm drain and conduit in order to make
improvements to the water distribution system needed for the 640 pressure zone.
The project began on SE 240th Street (James St) from 109th Avenue SE to 112th
Avenue SE, north on 112th Avenue SE to SE 236th place, then east to the existing Blue
Boy tank.
Completion of this work improves the water distribution system and meets public
health and safety requirements.
EXHIBIT(S): None
RECOMMENDED BY: Public Works Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: Contract will be paid for out of the Water fund.
MOTION: Accept the 112th Avenue SE Watermain Project as complete and
release retainage to TITAN Earthwork, LLC Project, upon receipt of standard
releases from the state and the release of any liens. The original contract
amount was $1,811,541.01. The final amount paid is $1,538,313.17.
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Agenda Item: Other Business – 8A
TO: City Council
DATE: June 17, 2014
SUBJECT: Downtown Design Guidelines, Ordinance - Adopt
SUMMARY: KCC 15.09.046, entitled Downtown Design Review, applies the Kent
Downtown Design Guidelines. These guidelines were identified in the Downtown
Subarea Action Plan (DSAP) as action items to be revised. The revision to KCC
15.09.046 will implement the vision for downtown Kent as a vibrant, livable, urban
center that is pedestrian-friendly and enjoyed by the entire community. The
amendment to KCC 15.09.046 and update to the Kent Downtown Design Guidelines
follows through on the DSAP and on Council’s strategic goal to ‘Beautify Kent’.
On March 10, 2014 the Economic and Community Development Committee (ECDC)
was briefed on the project. After holding four (4) workshops and on May 27, 2014,
the Land Use & Planning Board (LU&PB) held a public hearing to consider the code
amendments. No written or public testimony was received at that time. After
consideration, the LU&PB recommended approval of the Downtown Design Review
code amendments and the Kent Downtown Design Guidelines update. On June 9,
2014, the ECDC considered the code amendments and update, and directed the City
Attorney to prepare the necessary ordinances. The ECDC also requested staff to
present the project to the full Kent City Council.
EXHIBIT(S): 1) Final Design Guidelines
2) Ordinance
RECOMMENDED BY: Economic & Community Development Committee
YEA: Boyce, Higgins, Berrios NAY:
BUDGET IMPACTS: None.
MOTION: Adopt Ordinance No.________ adopting Downtown Design
Review KCC 15.09.046 and Kent Downtown Design Guidelines update, as
recommended by the Economic & Community Development Committee.
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1 Downtown Design Guidelines
Amend KCC 15.09.046
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section
15.09.046 of the Kent City Code relating to
Downtown Design Review and adoption of the Kent
Downtown Design Guidelines.
RECITALS
A. On December 19, 2013 the City of Kent Council adopted the
Downtown Subarea Action Plan (DSAP) through passage of Ordinance No.
4090, which contains action items to implement the vision for downtown
Kent as a memorable, compact, livable community that is economically
vital, environmentally sustainable, and supported by a variety of
transportation options.
B. The DSAP supports the City Council’s vision statement and
strategy to “Beautify Kent.”
C. The DSAP policies and action items support the vision for
downtown Kent to ensure a well-designed, pedestrian-friendly and livable
place, including the following:
Action LU-2.2: Ensure development regulations support a livable,
economically vibrant, and well-designed Downtown.
2 Downtown Design Guidelines
Amend KCC 15.09.046
c) Revise the Downtown Design Guidelines and development
regulations where appropriate to reduce the visual impact of surface
parking along pedestrian designated streets.
Policy UD-1: Maintain and enhance a strong ‘pedestrian first’ character
throughout the Downtown where interest, comfort, and protection from
traffic is created through the design of streets and sidewalks. Where
appropriate, add street trees, landscaping, water features, pedestrian-
scaled lighting, street furniture, pavement treatment, or other softening
treatments.
Action UD-1.1: Apply appropriate Downtown Design Guidelines and
updated development standards to the entire downtown consistent
with the vision.
Action UD-1.2: Revise the Downtown Design Guidelines ‘Pedestrian
Plan Overlay’ to guide right-of-way use in a manner that will
promote a safe, attractive environment for both motorized and non-
motorized users.
Policy UD-2: Consider the relationship of building intensity and design to
support visual interest and pedestrian comfort and safety.
Action UD-2.1: Revise the Downtown Design Guidelines and
development regulations to promote ground floor building façade
treatments and uses that will generate pedestrian interest and
comfort (i.e., large windows, canopies, arcades, plazas and outdoor
seating).
Action UD-2.2: Encourage the use of durable, high quality building
materials to lower maintenance and replacement needs and ensure
the aesthetic appeal of new development.
Action UD-2.3: Revise the Downtown Design Guidelines and
development regulations to identify locations for continuous building
facades, building setbacks, and historic preservation.
a) Incorporate design options to ensure the historic architectural
character of the urban pedestrian streetscape is maintained while
balancing preservation with renovation and redevelopment.
Action T-1.3: Secure and design safe and attractive pedestrian
connections through-out the Downtown and to adjacent residential
neighborhoods.
3 Downtown Design Guidelines
Amend KCC 15.09.046
D. Community outreach was conducted through input from the
Kent Downtown Partnership – Design Committee and the public through
the project’s online presence.
E. On March 10, 2014, the Economic and Community
Development Committee was briefed on the project.
F. On April 24, 2014, the City provided via e-mail to the
Washington State Department of Commerce the required sixty (60) day
notification under RCW 36.70A.106 regarding the proposed zoning code
amendments and associated design guideline update.
G. On May 20, 2014, the City’s State Environmental Policy Act
(SEPA) responsible official issued an addendum to the City of Kent
Comprehensive Plan Review and Midway Subarea Planned Action Final EIS
(issued on September, 2011) and the City of Kent Downtown Subarea
Action Plan Planned Action Supplemental EIS (final issued October, 2013).
H. The Land Use and Planning Board held workshops regarding
this matter on February 10, 2014, March 24, 2014, April, 28, 2014, and
May 12, 2014.
I. On May 27, 2014, the Land Use and Planning board held a
public hearing to consider the draft amendments to Section 15.09.046 of
the Kent City Code and updates to the Kent Downtown Design Guidelines,
and made recommendations to the City Council.
J. The Economic and Community Development Committee
considered the Land Use and Planning Board’s recommendations at a
4 Downtown Design Guidelines
Amend KCC 15.09.046
meeting on June 9, 2014 and voted to forward its recommendations to the
full City Council.
K. At its regularly scheduled meeting on June 17, 2014, the City
Council voted to adopt the proposed amendments to Kent City Code
15.09.046 and update and incorporate the Kent Downtown Design
Guidelines into the code by reference.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Incorporation of Recitals. The preceding recitals are
incorporated herein by this reference and constitute the council’s findings
on this matter.
SECTION 2. – Amendment. Section 15.09.046 of the Kent City
Code is hereby amended as follows:
Sec. 15.09.046 Downtown design review.
A. Purpose and scope.
1. Downtown design review is an administrative process, the
purpose of which is to implement and give effect to the downtown
plansubarea action plan and, its policies or parts thereof, . through theThe
adoption of downtown design guidelines, as set forth in subsection (D) of
this section, apply to all, for development located within the downtown
planning area, which is bounded by State Route 167 to the west, Cloudy
Street to the north, Kennebeck/Clark/Jason/Titus/Central Avenue to the
east, and Willis Street to the south. The area, co-terminous with the
5 Downtown Design Guidelines
Amend KCC 15.09.046
downtown districts identified in the downtown strategic action plan, is as
shown on the map following this section.
It is the intent of the city that this process will serve to aid applicants in
understanding the principal expectations of the city concerning
development in the downtown planning area and encourage a diversity of
imaginative solutions to development through the review and application
of the downtown design guidelines. These guidelines have been
formulated to ensure that the design, siting, and construction of
development will provide a quality pedestrian-oriented urban environment
in a manner consistent with established land use policies, the
comprehensive plan, and the zoning code of the city.
2. The adoption of the downtown design guidelines is an
element of the city’s regulation of land use, which is statutorily authorized.
The downtown design review process adopted herein is established as an
administrative function delegated to the city’s planning services office
pursuant to RCW Title 35A. Therefore, in implementing the downtown
design review process, the planning manager may adopt such rules and
procedures as are necessary to provide for review of proposed projects.
3. All development within the downtown planning area shall be
subject to the provisions of this section.
4. The downtown design review process is distinct from the
multifamily design review process set forth in KCC 15.09.045. Applications
for multifamily development within the DC, DCE, DCE-T, GC-MU and
DLMMRT-16 zoning districts that are also within the downtown area shall
be subject to this section in addition to the provisions of KCC 15.09.045 in
addition to the provisions of this section, except as provided in KCC
15.09.045(E). However, the provisions of this section shall prevail iIn
cases where a conflict may arises between the requirements of the two (2)
sections, the provisions of this section shall prevail.
6 Downtown Design Guidelines
Amend KCC 15.09.046
B. Application and review process. The downtown design review
process is administrative and is conducted as part of the permit review
process. The applicant must make application for the design review
process on forms provided by planning services. Upon receipt of an
application for design review, the planning manager shall circulate the
application to the appropriate city departments and offices for review.
Prior to issuing a final decision, the planning manager shall review any
comments submitted for consideration. In the administration of this
process, planning services may develop supplementary handbooks for the
public, which shall pictorially illustrate and provide additional guidance on
the interpretation of the criteria set forth in the downtown design
guidelines.
C. Design review committee. There is hereby established the
downtown design review committee, which shall make all final decisions
on applications for downtown design review as described in the Kent
downtown design guidelines. The committee shall be comprised of three
(3) members, who shall be appointed by the planning manager under the
authority delegated to him underpursuant to RCW Title 35A. The members
shall serve at the pleasure of the planning manager. The planning
manager shall, by administrative rule, establish the rules of procedure for
the committee, which shall be made available to the public upon
publication.
D. Downtown design guidelines – Adoption. The downtown design
review committee shall use the downtown design guidelines in the
evaluation and/or conditioning of applications under the downtown design
review process. The downtown design guidelines, entitled “Kent Downtown
Design Guidelines,” initially prepared by the city of Kent planning services
in collaboration with MAKERS, Architecture and Urban Design and Mark
Hinshaw of LMN Architecture, dated September 19, 2000, and subsequent
amendments thereto are hereby adopted by this reference as authorized
7 Downtown Design Guidelines
Amend KCC 15.09.046
pursuant to RCW 35A.12.140 and shall be placed on file in the offices of
the city clerk and planning services.
E. Appeals. The decision of the downtown administrative design review
committee to approve, conditionapprove with conditions, or reject any
application under the downtown design review process is final unless an
appeal is made to the hearing examiner within fourteen (14) calendar
days of either the issuance of the committee’s conditional approval or
rejection of any application under this section. Appeals to the hearing
examiner shall be conducted as set forth in Chapter 2.32 KCC. The
decision of the hearing examiner shall be final, unless an appeal is made
to the King County superior court, within twenty-one (21) calendar days of
the date of the issuance of the decision, pursuant to Chapter 36.70C RCW.
8 Downtown Design Guidelines
Amend KCC 15.09.046
Note: The Kent Downtown Planning Area map is being replaced by the
following map:
9 Downtown Design Guidelines
Amend KCC 15.09.046
Kent Downtown Area
SECTION 3. – Amendment. The Kent Downtown Design Guidelines,
which are attached as Exhibit “A” to this ordinance, are hereby adopted
and incorporated into the Kent City Code.
SECTION 4. – Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 5. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
10 Downtown Design Guidelines
Amend KCC 15.09.046
SECTION 6. – Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
ARTHUR FITZPATRICK,
ACTING CITY ATTORNEY
PASSED: day of , 2014.
APPROVED: day of , 2014.
PUBLISHED: day of , 2014.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
P:\Civil\Ordinance\15 09 046 - Downtown Design Area Guidelines.Docx
11 Downtown Design Guidelines
Amend KCC 15.09.046
EXHIBIT A
1
City of Kent Downtown Design Guidelines
Introduction………………………………………………………..
Background
Downtown Design Guideline Goals
Application of Design Guidelines............................................................
How to Use the Design Guidelines..............................................
Purpose of Design Guidelines..........................................................
Design Review Process.............................................................................
Design Guidelines and Standards .................................................
I. Site Design ..................................................................
A. Street Relationship..........
B. Pedestrian Environment..............................................................
C. Siting and Screening of Service and Parking Facilities ......................
D. Site Design for Safety ....................................................................................
E. Residential Open Space ........................................................................
II. Building Design ...........................................................
A. Building Concept..............................................................................
B. Human Scale and Pedestrian Orientation.........................................
C. Architectural Scale ............................................................................
D. Building Details and Elements.........................................................
E. Materials and Colors .........................................................................
F. Blank Walls........................................................................................
III. Definitions ....................................................................
2
Introduction
Background
In 1989, the City of Kent adopted The Downtown Plan that envisioned the small traditional downtown shopping district
would transform into a vibrant pedestrian-friendly mixed-use center. The Downtown Plan was later updated in 2005
to become the Downtown Strategic Action Plan; it addressed the influences of high-capacity commuter rail serving the
community. In 2013, the Downtown Subarea Action Plan (DSAP) expanded the Downtown Planning Area west of
SR-167 and north of James Street up Central Avenue, creating a need to update the 2003 Downtown Design Review
Guidelines.
The intent of the Downtown Design Guidelines is to establish a consensus of quality, unity and conformity. The design
elements and guidelines reflect the DSAP’s vision for Downtown Kent as a livable, vibrant, pedestrian-friendly
mixed-use community that complements transit with office, commercial and residential uses clustered in the urban
center. This vision for a vital downtown is consistent with regional growth strategies and the City’s Comprehensive
Plan. The DSAP’s Planning Principles influence the goals of the Downtown Design Guidelines to create a memorable,
extraordinary place, where the pedestrian is first in this livable, economically vital, and gracious downtown that is the
“Heart of Kent”.
This document incorporates the original design criteria and is updated to be applicable to the expanded Downtown
Area. When a new development or a remodel of an existing building is proposed, the City will apply the design
guidelines to accomplish the following goals:
Downtown Design Guidelines Goals
Build a desirable place to live with a variety of housing choices, convenient services, and a diversity of
entertainment opportunities;
Support a pedestrian-oriented environment that connects to surrounding neighborhoods;
Create a memorable downtown experience that is attractive, safe, and inviting;
Construct a visually attractive and economically vibrant urban center;
Assure new development relates to the character of downtown and is compatible with surrounding
neighborhoods;
Ensure public and private outdoor spaces are enjoyable and accessible; and
3
Encourage sustainable building and land management best practices.
Application of Design Guidelines
The Downtown Design Guidelines apply to the Downtown Area (see Figure 1) bounded by 64th Avenue South to the
west; north of James Street and up Central Avenue to approximately South 234th Street; Kennebeck, Clark, Jason, and
Titus to the east; and Willis Street to the south. The guidelines are applicable to all of the Downtown Area, while other
guidelines apply only to particular pedestrian designated streets found in the Pedestrian Plan Overly map.
All development within the Downtown Commercial (DC), Downtown Commercial Enterprise (DCE), and that portion of
the General Commercial (GC), General Commercial Mixed Use (GC-MU), and Multifamily Residential Townhouse
(MRT-16) zoning districts located within the Downtown Area (see Figure 1), is required to meet the requirements of
downtown design review (KCC 15.09.046). Downtown design review is conducted by an administrative committee,
except for modifications of existing buildings and sites that cost less than $100,000, which are reviewed by Planning
Services staff. The scope of work associated with an individual project will determine the extent to which design
guidelines will be applied. Proposals that will not modify a building exterior or the site are exempt from design review.
Figure 1: Downtown Area
4
How to Use the Design Guidelines
Purpose of Design Guidelines
The purpose of the guidelines is to create site and building designs consistent with the DSAP’s Planning Principles,
Goals and Policies. The document is organized by design guideline topics into the Site Design and Building Design
sections. Each section contains guidelines dealing with specific topics. The Definitions section will help the applicant
understand design and architectural terminology.
The Downtown Design Guidelines set parameters for design, but also allow design flexibility and creative design
solutions. Proposed development in the Downtown Area is expected to respond to the following design guidelines and
standards in a manner that promotes a lively and vibrant pedestrian-oriented urban neighborhood, supports multiple
modes of transportation including bicycling, and complements Kent’s Historic District (DC zoning district).
This manual is easy to use. Each guideline starts with an objective that explains the desired outcome of each
guideline and often provides a description and illustration to help the user apply the concepts. Guidelines that use the
word “should” or “may” can be satisfied from a variety of listed design options or by equal or better means if it can be
demonstrated satisfactorily to the Planning Director that the applicant satisfies the intent of the guidelines. Standards
that use the word “shall” must be met. The guidelines place a minimum burden on projects, and most importantly, the
guidelines do not inhibit creative design.
The City may permit a deviation from a specific standard if it is determined that public benefit may be achieved by an
alternative proposal. The alternative proposal must be consistent with the intent of the guidelines and with the
Comprehensive Plan Goals and Policies. The applicant must demonstrate that the proposed deviation will result in
increased pedestrian activity and visual interest along the street.
Design Review Process
Before preparing development plans in the Downtown Area, applicants should review the guidelines and use the
Downtown Design Guidelines Checklist to determine which guidelines apply to their proposed project. Planning
Services staff will discuss guidelines and standards with the applicant either during a pre-application meeting or
informal pre-development design meeting in order to assist the applicant with final design approval. For details on the
application and review process, see Kent City Code 15.09.046; if you have questions, staff with Planning Services are
available to assist you.
5
Design Guidelines and Standards
I. Site Design
Site design is the arrangement of buildings, landscaping, plazas, circulation elements, and other features in response
to unique site features and surrounding context. A well-designed site should function with sensitivity to safety,
aesthetics, and comfort for all users.
A. Street Relationship
INTENT:
To create a streetscape that is active, safe, convenient, comfortable and appealing for people on foot to connect to
work places, parks, schools, shopping and transit facilities.
GUIDELINES:
1. Pedestrian Plan Overlay: The Pedestrian Plan Overlay classifies certain streets downtown as Class A and Class B
pedestrian streets. The objective is that development located adjacent to these streets meets a high standard for
achieving a successful pedestrian-oriented environment. The Pedestrian Plan Overlay determines, on a
block-by-block basis, the character of street frontage and level of pedestrian amenity. If, in the future, new streets
are developed on large parcels of downtown land, the new streets should be designated according to planned
pedestrian usage before development permits are approved.
The street designations are defined and illustrated on the Pedestrian Plan Overlay map (see Figure 2), followed by the
design guidelines for Class A and Class B streets.
6
Figure 2: Pedestrian Plan Overlay
a. Class A Street:
Class A streets are intended to accommodate and foster the greatest pedestrian usage by providing a high degree of
comfort and safety through streetscape design and minimization of vehicle-pedestrian conflict points. The following
guidelines apply to a Class A street:
(1) A continuous building wall should be maintained along the entire property frontage abutting a Class A street.
(2) Curb cuts through a continuous building wall are restricted and should be permitted only when there is no
alternative property frontage.
7
(3) No surface parking areas should abut a Class A street unless there is no alternative property frontage.
(4) Pedestrian access into or through the site is allowed to break the continuous building wall.
b. Class B Street:
Class B streets are intended to reinforce an active pedestrian-oriented experience, but also accommodate vehicular
access to the site. The following guidelines apply to a Class B street:
(1) A continuous building wall should be maintained for a minimum of 50% of the property frontage abutting a
Class B street.
(2) Curb cuts within the remaining 50% of the property are permitted from a Class B street.
(3) Surface parking areas may front on a Class B street only within the remaining 50% of the property.
(4) Surface parking areas shall not be allowed in front of the building.
2. Setback exceptions on Class A and Class B streets:
The objective is to ensure a pedestrian-oriented environment along Class A and Class B streets, except for the
following:
a. Private Development Exception: An exception to allow a maximum 20 foot setback is permitted if a pedestrian
activity is planned for that space, such as an entry, pedestrian plaza, outdoor dining, or a garden space
associated with residences (see section I.A.5.a. for setback provisions for corner buildings). The applicant may
propose a greater setback to provide greater pedestrian interest and activity subject to approval by the city.
The block within the Historic District is not eligible for exceptions.
(1) The building setback is measured from the outside edge (closest to the building) of the required sidewalk.
(2) The building setback can be applied to the entire building facade adjacent to the street corner or can be
applied to only the first level of a multi-story building with the upper levels cantilevered over the first level.
Vertical height of the overhead clearance for the ceiling of a pedestrian area or pathway under a cantilevered
second level of a building shall not be less than 12 feet.
b. Public Development Exception: An exception may be made for public space adjacent to a public building if the
intent and standards of the pedestrian-oriented street front section (see section I.B.) are met. The setback
area may not be used for parking.
3. Sidewalks & Streetscape Features:
The objective is to provide a pedestrian-friendly streetscape that maintains a continuous, safe and lively place by
considering the following:
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a. A minimum four (4) foot amenity zone should be provided adjacent to the street for understory plantings, street
trees, lighting, benches, trash and recycling receptacles, bike racks or other appropriate amenities. Refer to the
City of Kent Design & Construction Standards for construction details for streets not designated Class A or Class
B streets.
b. The sidewalk area should maintain a minimum eight (8) foot-wide clear pedestrian walkway, with a maximum of
two (2) feet used by adjacent activities, such as dining or sales display.
c. Limit gaps in the streetscape by restricting parking access to the minimum width required by code.
4. Prominent building entrances:
The objective is to ensure building entrances are visually and physically accessible from the adjacent street by
considering the following:
a. Locate primary building entrances to have direct access to the public sidewalk.
b. The primary building entrance shall offer some visual prominence such as a canopy, ornamental lighting,
planters, or other appropriate features.
c. Entrances may be on the side of a building, but they must be visible from the street and connected by a
pedestrian pathway.
d. Single residential entrances to multiple units should transition between the public sidewalk and the private entry
(i.e., recessed or courtyard entry, weather protection, glazing, lighting, paving, etc.).
e. Residential entries to individual units should provide distinctive features (i.e., stoops, covered porch, paving,
landscaping, etc.)
5. Street Corners:
The objective is to improve the appearance of highly visible locations. New development on corner lots must enhance
the visual qualities of the corner by one (1) or more of the following methods:
a. Building Location: Locate and design the building, with a maximum 20 foot setback from the property corner
nearest the street intersection, to serve a pedestrian-attractive use such as outdoor dining (see section I.A.2. for
setback exceptions on Class A and Class B streets) and enhance the building corner with a building element such
as a corner entry, tower, or other device. The applicant may propose a greater setback for greater pedestrian
interest, subject to approval by the city.
(1) The building setback is measured from the outside edge (closest to the building) of the required sidewalk.
(2) The building setback can be applied to the entire building facade adjacent to the street corner or can be
applied to only the first level of a multi-story building with the upper levels cantilevered over the first level.
Vertical height of the overhead clearance for the ceiling of a pedestrian area or pathway under a cantilevered
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second level of a building shall not be less than 12 feet.
b. Landscaping: Install a substantial and seasonally interesting landscape (at least 200 square feet of ground
surface area) at or near the property corner, taking care not to create a visibility or security problem. Container
gardens, public art, or other features attractive to pedestrians may be substituted, subject to approval by the
City.
c. Adjacent to Gateways: When the corner is adjacent to a city-designated gateway intersection, coordinate with
the city to provide significant gateway elements such as landscaping, banners, special lighting, or other design
features.
6. Pedestrian-friendly uses:
When located on Class A and B streets, supermarkets and similar multi-department businesses that include bakeries,
deli’s, flower shops, fruit and vegetable, or other similar sections should locate these sections next to the sidewalk with
display windows or doors to the sidewalk.
B. Pedestrian Environment
INTENT:
To provide an attractive, safe, connected and convenient pedestrian environment that will encourage pedestrian
activities throughout and into downtown.
GUIDELINES:
1. Pedestrian weather protection:
The objective is to provide weather protection for pedestrians along buildings located on Class A and Class B streets.
Pedestrian weather protection should feature all of the following:
a. Buildings located along designated Class A and Class B streets should provide pedestrian weather protection at
least 6 feet wide along at least 80% of the front of the building. The weather protection may be in the form of
awnings, marquees, canopies, or building overhangs.
b. Canopies or awnings should not extend higher than 15 feet above ground level or lower than 8 ½ feet at the
lowest point. Vertical height of the overhead clearance for the bottom of an awning should not be more than 10
feet.
c. The pedestrian covering should be constructed of high quality materials, and the color, configuration, and
materials shall be as approved by the City.
d. At each building entry, provide weather protection that creates a covered pedestrian space of at least 100 square
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feet.
2. Pedestrian-friendly building facades:
The objective is to provide pedestrian-friendly building facades on the ground floor level of buildings facing designated
Class A and Class B streets. Building facades should feature all of the following characteristics:
a. Transparent window area or window displays along at least 50% of the length of the ground floor façade.
b. Sculptural, mosaic or bas-relief artwork over 50% of the length of ground floor façades without windows.
c. At least 500 square feet of retail-oriented pedestrian space must be provided for every 100 linear feet of façade
as measured along the property lines adjacent to the street.
d. Other alternative façade or fenestration treatments as approved by the City.
3. Pedestrian areas at building entries:
The objective is to enhance primary public entries for commercial and multifamily residential buildings. Provide three
(3) or more of the following elements:
At least 200 square feet of landscaping at or near the entry.
a. Benches consistent with the color and style established by the City.
b. Special paving.
c. Bicycle rack.
d. Building ornamentation such as mosaic tile, relief sculpture, ornamental wood or metal trim, etc.
e. Artwork.
f. Special pedestrian lighting.
g. Containerized plants.
h. Other similar amenities as approved by the City.
4. Access to the main building entry:
The objective is to improve or provide clearly visible, convenient, safe pedestrian routes throughout a site and to
surrounding areas and uses. Provide the following elements to primary public entries:
a. Provide pedestrian access onto the site from the main street on which the use is located. Where a use fronts
two streets, access shall be provided from the street closest to the main entrance or, preferably, from both
streets.
b. All buildings should have a paved pedestrian walkway at least eight (8) feet-wide from the street sidewalk to
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the main entry. The minimum walkway width may be five (5) feet wide for a portion of the length if the
applicant presents a design that varies the width of the path to allow for pedestrian amenities in wider
sections.
c. Any building with an entry that does not face the street should have an entry sidewalk that is easily seen from
the street. The sidewalk should be separate from vehicular traffic or raised above the pavement. The
pathway should be at least four (4) feet wide if separate from parking stalls and at least six (6) feet wide if
adjacent to parking.
d. Provide pedestrian walkways connecting all business entries on the same development site.
e. Provide pedestrian walkways through parking lots to the primary entry if the lot is greater than 150 feet long
measured parallel to the storefront, or more than two (2) bays or 75 feet deep measured perpendicular to the
storefront. Provide a pedestrian walkway at least every 150 feet in large parking lots. f. Integrate all walkways
with the landscape plan.
5. Pedestrian activity areas:
The objective is to provide attractive pedestrian-oriented open space at key locations. When a front building façade
is not directly adjacent to the public sidewalk, or when the front building façade is set back to form a public area
adjacent to the sidewalk, this space shall be developed as a landscaped area, courtyard, plaza, or other similar
pedestrian-oriented space.
a. Where deemed appropriate, the following open space, plaza, courtyard, garden or other similar
pedestrian-oriented space shall be provided in the development:
(1) Visual and pedestrian access (including accessibility for the disabled) into the site from the public
right-of-way.
(2) Special-textured paved pedestrian surfaces of either concrete or approved unit paving.
(3) On-site or building mounted site lighting that complements the building façade.
(4) Seating consisting of at least six (6) linear feet of seating area or at least one (1) seat per 60 square feet of
plaza area or open space.
(5) Trees and seasonal planting that defines the space, but does not act as a visual barrier.
(6) Site furniture, artwork, fountains, or kiosks that are complementary to each other and to the site elements.
(7) Signs to interpret notable history or architecture, if any.
b. The following materials or elements are prohibited in pedestrian activity areas:
(1) Asphalt or gravel pavement.
(2) Adjacent unscreened parking lots
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(3) Adjacent chain link fences.
(4) Adjacent on-site blank walls.
c. All public buildings shall have an open space, plaza, courtyard, garden or other similar pedestrian-oriented
space.
6. Landscape components:
The objective is to encourage landscape design that will enhance the pedestrian environment and complement building
and site design. Include where appropriate at least four (4) of the following landscape elements:
a. Coordinate systems of pedestrian open spaces or planted areas to achieve continuity, variety and activity.
b. Install plant materials that at maturity will be in scale with the building and will define and enhance the building
modulation and entries.
c. Select plant materials that provide a succession of blooms, seasonal color and varied textures.
d. Extend the architectural concept of the building onto the site where possible, with low sitting walls, planter walls,
columns or fence supports that compliments or coordinates with the building design.
e. Extend the site landscaping vertically onto walls through the use of climbing plant materials, espaliered trees or
shrubs on metal trellises; or wall and window planters; and roof gardens.
f. Coordinate on-site landscaping with the city recommended trees and shrubs to provide visual continuity.
g. Onsite landscapes and adjacent plantings in or on the sidewalks must be consistently maintained by property
owners as specified in Kent City Code.
7. General pedestrian amenities:
In addition to other required pedestrian amenities above, provide at least four (4) of the following for proposals on
Class A streets. Provide at least three (3) on Class B streets.
a. At least 150 square feet of pedestrian oriented space.
b. Pedestrian furniture such as seating, flowers in planters or a drinking fountain.
c. Artwork.
d. Space for transit stop with seating that is consistent with or complements established streetscape furniture.
e. Window displays over the majority of the front façade.
f. A decorative screen wall, trellis or other building or site feature.
g. Special pedestrian lighting in addition to required lighting.
h. Bicycle rack.
i. Other similar elements proposed by the applicant and approved by the City.
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C. Siting and Screening of Service and Parking Facilities
INTENT:
To diminish and soften the visual impact of asphalt and parked cars from the street and adjacent properties, reduce the
visibility of unsightly but necessary activities (trash containers, for example), and to allow for infiltration of storm water
run-off.
GUIDELINES:
1. Incompatible activities:
The objective is to minimize the impact of incompatible activities on adjacent uses. Incompatible activities include:
outdoor storage (where permitted), service areas adjacent to other uses, public and private utilities apparatus, and
commercial development contiguous with a residential-zoned property. Design standards for such incompatible
activities are as follows:
a. Locate incompatible activities, including allowed outdoor storage in the GC zone, away from neighboring
properties to reduce visual impacts and physical conflicts.
b. Where the City deems necessary, landscape buffers or another form of screening shall be provided along
property lines adjacent to incompatible uses. When topography between the activities is sufficient to
reduce impacts, then modification to the buffer options may be allowed.
c. Integrate outdoor storage areas, utilities and loading facilities into the site design in a manner that reduces
visual impact and obstruction of pedestrian and vehicular movement.
d. Whenever feasible, locate or screen public/private utility apparatus (i.e., electrical conduit and utilities
equipment and apparatus) so as not to be visible from the street or adjacent properties.
e. Locate or screen roof-mounted mechanical equipment so that it blends with the architecture of the building and
is not visible from the street or adjacent properties.
f. Buffers or fences of outdoor storage and service areas (i.e. large waste containers) must conform to the
requirements of the City of Kent Zoning Code as a minimum standard. Additional buffer area or screening may
be required.
2. Parking lot facilities:
The objective is to coordinate parking lot facilities to reduce visual impacts as follows:
a. In parking lots, the preferred location for markings and signs for individual stalls is the pavement. Limit the
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height of free standing or wall mounted stall signs to two (2) feet above grade, except for handicap accessible
parking signs, which shall be placed per ADA standards.
b. Limit parking lot entrance signs to one (1) per parking area entrance. The sign shall be no more than six (6)
feet in height above grade, and shall have a surface area of no more than six (6) square feet per side. The sign
may not be internally lit, but may incorporate neon lights.
c. Screen all moveable parking lot equipment (i.e., barrels, saw horses, etc.) from the public right-of-way.
d. The size and surface area of required parking lots should be minimized by the following:
(1) Share parking facilities whenever feasible under the joint use parking standards of KCC 15.05.040 (C);
(2) Encourage the use of transit and ride share programs whenever possible and reduce the number of parking
stalls pursuant to transit and rideshare provisions of KCC 15.05.040 (G);
(3) Encourage the use of municipal and other public and private parking structures and facilities;
(4) Encourage the use of bikes by providing bike parking for residents, employees, or customers; and
(5) Encourage the development of underground or rooftop parking facilities in multi-story buildings.
3. Parking lot landscaping:
The objective is to develop a positive downtown image, provide a buffer to adjacent residential uses, and mitigate
summer heat and greenhouse emissions. The applicant must provide one (1) or more of the following solutions:
a. Integrate interior surface parking and landscaping with required bio-filtration swales or surface water detention
ponds.
b. Preserve distant views.
c. Provide a significant pedestrian-oriented space such as a pocket park or plaza.
d. Create an extension or connection to a local park or a regional bicycle / pedestrian trail system.
e. Provide outstanding public art within pedestrian view.
f. Provide outstanding enhancement and support for the city-designated gateway intersections.
g. Other elements that will result in a superior plan as proposed by the applicant and approved by the city.
D. Site Design for Safety
INTENT:
To promote personal safety and property security through design of site features including lighting, landscaping and
building design.
GUIDELINES:
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1. Pedestrian safety:
The objective is to ensure pedestrian safety by minimizing conflicts between drivers and pedestrians through the siting
of structures, location of circulation elements, landscape design, and placement of signs. Incorporate the following
methods for protecting pedestrian safety, where appropriate:
a. Limit the number of potential encounters between pedestrians and vehicles through site design.
b. Where pedestrian and motorist paths must cross, ensure visibility of pedestrians and vehicles.
c. Within parking lots, provide raised pedestrian walkways where possible. Where not possible, provide at-grade
walkways protected by curbs or landscaped areas.
d. Distinctively mark pedestrian routes through parking lots. Use vertical design elements, or special
paving such as brick, concrete, or cobblestone. Include pedestrian amenities such as benches, trash
containers, and planters whenever possible.
e. Separate service vehicle access and loading zones from pedestrian areas.
f. Use on-site directional signs to clearly mark pedestrian and vehicular routes.
2. Eyes on the street:
The objective is to provide surveillance opportunities from buildings and public streets to discourage anti-social
activity. Incorporate the following methods to increase personal safety and security, where appropriate:
a. Avoid site design features that create entrapment areas such as long, dark enclosed corridors and opaque fences
in locations with pedestrian activity.
b. Ensure that site and building designs provide lines of sight that allow building occupants and passersby to
observe on-site and street activities for the purpose of informal surveillance (i.e., windows, balconies, entries,
etc.).
3. Lighting:
The objective is to provide artificial lighting that promotes visual interest and a sense of security for people in all
pedestrian areas, including building entries, along walkways, and other public areas. Light spillover onto adjacent
properties should be minimized. The following shall be provided in lighting plans:
a. Establish an overlapping pattern of light at a height of about 10-15 feet in pedestrian areas.
b. Use pedestrian-oriented lighting with cut-off features in all parks, plazas, or pathways to provide safety.
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c. Confine site lighting to the project site; use cut-off features or other methods to eliminate glare on adjacent
properties. Ensure lighting fixtures complement distinctive features of building façades and landscaping.
d. Ensure accent lighting is appropriate to and complements the overall character of the public or semi-public
setting.
e. Utilize energy-saving lighting bulbs and fixtures wherever possible.
f. Indicate specific vertical and horizontal lighting levels in each lighted area (photometric analysis).
4. Safe landscape design:
The objective is to design the landscape so that long-term growth will not interfere with site lighting and surveillance.
a. Place landscape elements to allow for long-term growth without significantly interfering with site lighting.
b. Consider long-term growth characteristics when selecting plant species.
c. At maturity maintain shrubs at a maximum height of 3 feet. Choose tree species with a high branch habit or
prune tree limbs at least eight (8) feet above ground level to allow an open space or at least five (5) feet between
the shrubs and the lower branches of the trees.
5. Quality of site furnishings and features:
The objective is to ensure quality site furnishings that are attractive, easily maintained, and safe. Consider the
following:
a. High-quality materials that are durable and easily maintained (i.e., furniture, bike racks, walls and paving).
b. Permanent site features and furnishings that will discourage vandalism.
c. Non-slip walkway surfaces for pedestrian safety.
E. Residential Open Space
INTENT:
To provide an open space network that is accessible to all residential units and will accommodate a wide variety of
activities, both semi-public and private.
GUIDELINES:
1. Functional open space:
The objective is to design an open space network that is landscaped, private, and secure, and where lighting does not
glare into housing. In each residential or mixed-use development one (1) or more of the following options shall be
provided:
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a. An individual balcony or screened patio for each unit.
b. Small, shared courtyard or furnished children’s play area.
c. Roof-top open space – roof garden or game court.
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II. Building Design
Building Design is the choice and arrangement of construction materials, and how the built form sits within the context
of its surroundings to influence the sense of place. A well-designed building should be welcoming, add human
interest, and allow opportunities for meaningful social interactions.
A. Building Concept
INTENT:
To encourage building design that is appropriate to the site, enhances the architectural character of downtown and
provides for interaction between pedestrians and the activities inside the buildings at ground level.
GUIDELINES:
1. Architectural Elements:
The objective is to organize architectural elements into a unified whole that coordinates with the local context and
objectives. The following shall be addressed by the applicant in written format:
a. Include a description of the design concept for the proposed building or complex.
b. Include a statement of how the various building elements, such as walls, roofline, entries, modulation,
materials, decorations, signage, lighting, etc., are organized into a functional and attractive composition.
c. Describe how the concept relates to site conditions such as visibility, access, pedestrian circulation, and
neighboring development. (Examples of design concepts are provided in the Definitions section of this
document.)
B. Human Scale and Pedestrian Orientation
INTENT:
To encourage buildings and public spaces that are “comfortable” and encourages human activity and that
incorporates architectural features, elements, and details that achieve human scale.
GUIDELINES:
1. Building elements:
The objective is to use architectural elements that provide a sensitive transition for pedestrians and neighboring less
intensive built environments. All new buildings and major exterior remodels must employ at least three (3) of the
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following elements or techniques to achieve “human scale”. However, if a proposed building is three (3) stories or
more than 100 feet wide as measured along any visible façade facing a street, then the design shall use at least five (5)
of the listed elements:
a. Provide at least one (1) balcony (measuring at least 6 x 10 foot) or deck per upper floor on the facades facing
streets.
b. Bay windows.
c. Windows separated through the use of molding or door jams.
d. Windows with small multiple panes.
e. Visible chimneys.
f. Individual windows generally less than 32 square feet per pane and separated from other windows by at least a
6-inch molding.
g. A gable or hipped roof, providing that the hipped or gable roof covers at least one half of the building’s footprint
and has a slope greater or equal to 3 feet vertical in 12 feet horizontal.
h. Ground floor building materials distinct from the upper stories.
i. Building elements that define a pedestrian sheltering space such as a trellis, overhang, canopy or other.
j. One or more of the upper stories is set back at least 6 feet.
k. Smaller symmetrical building elements near the entry or pedestrian oriented street fronts of large buildings.
(see “Axial Symmetry” in the Definitions section).
l. Other design methods proposed by the applicant and approved by the City.
C. Architectural Scale
INTENT:
To encourage new development in a manner that creates gradual transition in perceived height, bulk and scale from
the immediate and surrounding built environment.
GUIDELINES:
1. Scale of large buildings:
The objective is to reduce the impacts of building height, bulk and scale. New buildings over three (3) stories, or over
10,000 square feet in gross building footprint, must provide design elements to reduce the appearance of bulk.
Provide at least two (2) of the following features on facades visible from public rights-of-way and pedestrian routes
and entries:
a. Upper Story Setback - One or more upper stories must be set back from the ground floor at least 10 feet.
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b. Horizontal Building Modulation – To lessen the apparent bulk of the exterior wall of the structure, step back
or project forward portions of a building façade within specified intervals of a building width and depth.
Buildings within 400 feet of a public right-of-way or public open space or visible from that right-of-way or
public open space shall meet the following design standards:
(1) The maximum width (as measured horizontally along the building exterior) without building modulation shall
be 100 feet.
(2) The minimum depth of modulation shall be 6 feet.
(3) Balconies may be considered building modulation if each individual balcony has a floor area of 100 square
feet.
c. Modulated Roof Line – To further reduce the scale of large buildings, the roof lines shall be modulated according
to one (1) or more of the following standards:
(1) For flat roofs or facades with a horizontal eave, fascia, or parapet, change the roof line so that no
unmodulated segment of roof exceeds 100 feet, measured horizontally.
(2) Provide gable, hipped or shed roofs with a slope of at least three (3) feet vertical to 12 feet horizontal.
(3) Other roof forms such as arched, vaulted, dormer or saw-toothed may satisfy this regulation if the individual
segments of the roof without a change in slope or discontinuity are less than 100 feet in width.
d. Building Articulation Design – To provide visual interest and break up the perceived size and bulk of a building,
the following should be incorporated, providing the interval does not exceed 100 feet:
(1) Repeat distinctive window patterns at intervals equal to the articulation interval.
(2) Provide a porch, patio, deck, or covered entry for each interval.
(3) Provide a balcony or bay window for each interval.
(4) Change the roofline by alternating dormers, stepped roofs, gables, or other roof elements to reinforce the
modulation or articulation interval.
(5) Change materials or colors with a change in building plane.
(6) Provide a lighting fixture, trellis, tree or other landscape feature within each interval.
e. Cluster smaller uses and activities around entrances on street-facing facades.
f. Amass substantial landscaping or pedestrian oriented open spaces along the building façade.
g. Provide a pedestrian pass-through that would access the rear of the lot through buildings over 200 feet in length.
h. Other design methods proposed by the applicant and approved by the City.
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D. Building Details and Elements
INTENT:
To increase the attractiveness of buildings from the perspective of the pedestrian through the use of building design
details, texture of building materials, quality of finishes, and small decorative elements.
GUIDELINES:
1. Appropriate building details:
The objective is for the building to enhance the pedestrian experience. All new buildings shall include at least three (3)
of the following elements on the facades that face a public street or park:
(Note: A decorative element may be quite simple if it is suitably scaled and related to the building concept.)
a. Articulated or decorated rooflines such as an ornamental molding, entablature, frieze, or other roofline device
visible from the ground level. If the roofline decoration is in the form of a linear molding or board, the band
must be at least 8” wide.
b. Decorative treatment of windows and doors such as a decorative molding, decorative glazing, door design, or
framing details around all ground floor windows and doors.
c. Decorative railings, grillwork, landscape guards, or trellises.
d. Decorative light fixtures with a non-glare light source or a decorative shade or mounting.
e. Decorative building materials, including the following:
(1) Masonry, shingles, brick or stone.
(2) Decorative moldings, brackets, wave trim or lattice work.
(3) Ceramic tile, stone, glass block, or glass.
(4) Artwork, freestanding or attached to the building. Artwork may be in the form of a mosaic mural, bas-relief
sculpture, light sculpture, water sculpture, fountain, or freestanding sculpture.
(5) Other materials with decorative or textural qualities and other artwork as approved by the City. Drawings
and material samples must accompany all proposals related to the above guidelines.
2. Historic District building details:
The objective is to create a sense of place and synergy that respects the historic ‘Mainstreet’ character of
the original commercial district by applying similar cornice lines, scale, and textural qualities found within
the Historic District (see Figure 3). In addition to the above building details and elements, projects
proposed within the Historic District shall incorporate the following:
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a. Relate the size and proportion of new structures to the scale of adjacent buildings.
b. Buildings may be larger than adjacent buildings, but must appear to be a row of related buildings with a
similar scale as the neighboring buildings, and designed with a compatible pattern of architectural elements
and reflect the prevailing cornice line. Facades may be similar but not identical.
c. Design buildings in the Historic District with a “base”, a “middle”, and a “top” similar to the existing 1900
commercial buildings. The base should contain the greatest amount of architectural detail, the middl e
should have relatively fewer details and forms, and the top should have a cornice or other distinctive form.
d. All buildings constructed to face Class A designated streets must have a main entrance with direct access to the
street.
e. Design entrances on the same level as the sidewalk.
f. Include vertical elements present on existing buildings such as decorative building edges, corner trims, and
attached rectangular pilasters or vertical trim strips.
g. Include horizontal elements present on existing buildings such as a trim at the floor level of each story, rows of
windows, repeated trim elements, and recesses.
h. Create a commercial height and appearance by using a minimum floor to floor height for ground floor retail of 14
to 15 feet.
i. Include a kick plate wall section under the ground floor windows on the street façade of the building that mimics
adjacent buildings.
Figure 3: Historic District
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3. Design elements for espresso stands and street vendors
To provide for a lively pedestrian environment, street vendors are encouraged. Espresso stands and other outdoor
stands and carts for vending are subject to the following design standards:
a. The stand or cart must be constructed of good quality, permanent materials. Tarps, are plywood, cardboard,
plastic sheeting, corrugated fiberglass, or similar materials are not permitted.
b. The design, materials, and colors must be compatible with existing features in the proposed location.
c. Awning quality must be equal to that required for permanent buildings.
d. The size of the stand or cart must be adequate for storage, trash receptacles, and other facilities. No outside
storage is permitted.
e. Wiring and plumbing must be hidden from view.
f. One sign, maximum, area six (6) square feet, two (2) sided, is permitted. Menus and price lists two (2) square
feet and less, are not signs for the purpose of this guideline.
E. Materials and Colors
INTENT:
To encourage the use of high-quality compatible materials to upgrade the visual qualities of Downtown Kent while
maintaining the character of the Historic District.
GUIDELINES:
1. Retain existing facades in the Historic District:
The objective is to preserve the character of existing historic buildings.
a. Maintain and restore existing facades, trim, cornices or replace with similar replications.
b. Prohibited: The use of metal siding, metal screening, plastic, wood, plywood, sheet wood products or fiberglass
to cover over existing facades.
2. Use compatible building materials:
The objective is to enhance the visual quality, ease maintenance, and ensure longevity of new construction in
downtown. The following standards guide the use of building materials:
a. If metal siding is used over more than 25% of the building façade, then the metal siding must have a matted
finish in a neutral, muted or earth tone such as buff, gray, beige, tan, cream, white, or a dulled color.
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b. If metal siding is used over 25% of the building façade, then the building design must include the following
elements:
(1) Visible window and door trim painted or finished in a complimentary color.
(2) Corner and edge trim that cover exposed edges of the sheet metal panels.
(3) Exception: If the City determines that specially treated metal siding is used as an accent material to achieve
special architectural character, the City may approve metal siding as a material even though it does not meet the
above specifications.
c. If concrete blocks (concrete masonry units or “cinder blocks”) for walls must be architecturally treated in one (1)
or more of the following ways:
(1) Textured blocks with surfaces such as split face or grooved.
(2) Colored mortar.
(3) Other masonry types such as brick, glass block or tile in conjunction with concrete blocks.
d. Prohibited: The following materials are not allowed in visible locations.
(1) Mirrored glass.
(2) Corrugated fiberglass.
(3) Chain-link fencing (except for a temporary purpose such as a construction site.)
(4) Barbed wire, concertina or razor wire. ‘
(5) The use of metal siding, metal screening, plastic, plywood, sheet wood products, or fiberglass to cover
existing facades is not permitted. Wood should not be used to cover existing brick or cast stone masonry.
3. Appropriate materials to blend with the Historic District:
The objective is to ensure that materials used in new construction blend with the historic commercial character of the
district. The following materials are recommended:
a. Decorative masonry
b. Shingle brick
c. Stone
d. The applicant may propose other materials with decorative or texture qualities compatible with the existing
character of the district, subject to approval by the City.
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F. Blank Walls
INTENT:
To increase pedestrian interest and reduce opportunities for taggers or other graffiti on unavoidable blank walls.
GUIDELINES:
1. Design treatment:
The objective is to reduce the impact of an unavoidable blank wall from the public or private sidewalk of pedestrian
pathways. Treat all blank walls (see Definitions section) within 50 feet of street rights-of-way, parks, or adjacent lots
in one or more of the following ways:
a. Install a vertical trellis in front of the wall with climbing vines on at least 50% of the blank wall surface.
b. Provide a planting bed at least five (5) feet wide or raised planter at least two (2) feet high and three (3) feet
wide in front of the wall. Install with plant materials that will provide a rich assortment of height, texture, and
seasonal color.
c. Provide artwork (mosaic, mural, sculpture, relief or other) on at least 50% of the blank wall surface.
d. Other methods as approved by the City.
e. All proposed methods are subject to City approval. The applicant must submit architectural plans and
elevations of the proposed treatments for approval.
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III. Definitions
Architectural Elements
As used in these guidelines, the term architectural elements refers to the elements that make up an architectural
composition or the building form, and can include such features as the roof form, entries, an arcade, porch, columns,
windows, doors and other openings. “Architectural elements” is used interchangeably with architectural features in
these guidelines.
Architectural Character
The architectural character of a building is that quality or qualities that make it distinctive and that are typically
associated with its form and the arrangement of its architectural elements. For example, a prominent design feature
may convey the architectural character of a structure. Examples are a distinctive roofline, a turret or portico, an
arcade, an elaborate entry, or an unusual pattern of windows and doors.
Architectural Scale
The perceived height and bulk of a building relative to other forms in its context. Modulating facades and other
treatments may reduce a building’s apparent height and bulk.
Axial Symmetry
Axial symmetry is the similarity of form or arrangement on either side of a dividing line or plane through the
center of an object.
Balcony
A balcony is an outdoor space built as an above ground platform projecting from the wall of a building and
enclosed by a parapet or railing.
Bay Window
A bay window protrudes from an exterior wall. Typically, the bay contains a surface that lies parallel to the exterior
wall, and two surfaces that extend perpendicular or diagonally from the exterior wall.
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Blank Walls
Walls subject to “blank wall” requirements are any ground-level wall over six feet (6’) in height measured from
finished grade at the base of the wall, and longer than 50’ measured horizontally. A wall subject to the
requirement does not have any significant building feature, such as a window, door, modulation or articulation, or
other special wall treatment within that 50’ section.
Circulation
As used in these guidelines, the term circulation refers to the movement or flow of traffic from on e place to
another through available routes. Traffic includes a variety of modes of travel including pedestrian, motor vehicle
and non-motorized methods such as bicycle.
Courtyard
A courtyard is an open space usually landscaped, which is enclosed on at least three sides by a structure or
structures.
Curb Cut
A curb cut is a depression in the curb for a driveway to provide vehicular access between private property and the
street.
Deck
A deck is a roofless, outdoors aboveground platform projecting from the wall of a building and supported by piers
or columns.
Design Details
Architectural or building design details refer to the minor building elements that contribute to the charac ter or
architectural style of the structure. Design details may include moldings, mullions, rooftop features, the style of
the windows and doors, hardware and other decorative features.
Façade
A façade is any portion of an exterior elevation of a buildi ng extending from the ground level to the top of the
parapet wall or eaves, for the entire width of the building elevation. A front façade is typically the façade facing
the major public street(s). An entry façade is typically the façade with the primary public entry.
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Foot Candle
A foot candle is a unit used for measuring the amount of illumination on a surface. The amount of usable light
from any given source is partially determined by the angle of incidence of the source and the distance to the
illuminated surface.
Frontage
As used in these guidelines, frontage refers to length of a property line along a public street or right-of-way.
Front Yard
As used in these guidelines, the front yard is the area between the street(s) and the nearest building façade.
Gateways
As used in these guidelines, the term gateways refers to key intersections within the city which are entranceways
into the Kent downtown area. The gateways will be enhanced by special sidewalk/crosswalk treatments,
landscaping, signage, lighting, banners and other improvements to signify their status as entryways into the
downtown core.
Historic District – The Historic District is the traditional and geographic heart of downtown Kent, containing the
original business district. The boundaries of the Historic District are Second Avenue to the west, Meeker Street to
the north, E. Titus Street to the south, and the Railroad tracts to the east. The area is shown on the map above
right.
Human Scale
The size of a building element or space relative to the dimensions and proportions of a human being.
Incompatible Uses
As used in these guidelines, incompatible uses are those uses, including, but not limited to, outdoor storage,
utilities equipment and apparatus, and loading and service facilities, which are considered to be visually intrusive,
unsightly and which require site design and screening to mitigate the negative impacts to downtown retail
commercial, residential development, and surrounding residential zoning districts.
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Lumen
A lumen is a unit used for measuring the amount of light energy given off by a light source.
Modulation
Modulation is a stepping back or projecting forward of portions of a building façade within specified intervals of
building width and depth as a means of breaking up the apparent bulk of a structure’s continuous exterior walls.
As used in these guidelines, the modulated portions must be at least 6 feet deep in order to qualify as modulation.
Pedestrian-Oriented Façades
“Pedestrian-oriented” façades are those that contribute to the character of the street experience providing
pedestrian interest, comfort, and safety.
Pedestrian-oriented Space
A pedestrian-oriented space is an area between a building and a public street that promotes visual and pedestr ian
access onto the site and that provides pedestrian-oriented amenities and landscaping to enhance the public’s use
of the space.
Pedestrian-oriented Use
A pedestrian-oriented use is a commercial use whose customers arrive on foot, or where signage, advertising,
window display and entry ways are oriented toward pedestrian traffic on a public sidewalk. Pedestrian -oriented
businesses may include restaurants, retail shops, personal service businesses, travel services, banks (except
drive-through windows), and similar establishments.
Service Areas
Service areas refer to areas, enclosed or open, that contain equipment and uses such as ground level mechanical
equipment, utility vaults, loading zones, outdoor storage areas, and trash and recycling areas.
Site Planning
Site planning is the arrangement of buildings, driveways, sidewalks, landscaping, parking, public open spaces,
and other facilities on a specific site. Good site planning will result in a cohesive site design concept and take into
consideration natural features, topography, drainage requirements, access points, the design of neighboring
sites, and other features in the immediate vicinity of the site.
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Streetscape
The streetscape is the visual character and quality of a street as determined by various elements located between
the edge of the street and the building face, such as trees and other landscaping, street furniture, artwork, transit
stops, utility fixtures and equipment, and paving. Where there are frequent and wide spaces between buil dings,
the streetscape will be defined by the pattern of building and open space and the character of that open space.
Surface Parking
Surface parking is single level vehicular parking on the surface of the ground, generally a parking lot that typically
is uncovered.
Structured Parking
Structured parking is a multiple level vehicular parking facility, generally a parking garage or similar structure
constructed for that purpose.
Transit-oriented Development
Transit-oriented development (TOD) is development that is centered around and coordinated in its use and design
with a transit station or other transit facility. Transit-oriented development includes a variety of different planning
and development projects, but is typically compact, medium to high density, mixed-use development within
walking distance of transit with a focus on pedestrian orientation and creating neighborhood centers, places and/
or gathering spots.
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Agenda Item: Other Business – 8B
TO: City Council
DATE: June 17, 2014
SUBJECT: Current Progress on the Briscoe Levee Project - Presentation
SUMMARY: Council authorized the City to enter into an interlocal agreement with
the King County Flood Control District to rebuild the Briscoe/Desimone levee. Staff
will provide a brief summary of the construction progress and challenges to date.
EXHIBITS:
RECOMMENDED BY: N/A
YEA: N/A NAY: N/A
BUDGET IMPACTS: The levee reconstruction is funded by the King County Flood
Control District.
MOTION: “For discussion only”
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BIDS
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REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Council President
B. Mayor
C. Administration
D. Economic & Community Development
E. Operations
F. Parks & Human Services
G. Public Safety
H. Public Works
I. Regional Fire Authority
J. Other
K. Other
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EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION
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