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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 adccW06823 This page intentionally left blank. 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 ********************************************************************* 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 This page intentionally left blank. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Public Safety Report D) Intergovernmental Reports This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. 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 This page intentionally left blank. 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 2 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 3 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. This page intentionally left blank. 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. This page intentionally left blank. 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 Page 1 of 17 6/3/2014https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 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 Page 2 of 17 6/3/2014https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 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 Page 3 of 17 6/3/2014https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 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 Page 4 of 17 6/3/2014https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 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 Page 5 of 17 6/3/2014https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 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 Page 6 of 17 6/3/2014https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 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 Page 7 of 17 6/3/2014https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 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 Page 8 of 17 6/3/2014https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 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 Page 9 of 17 6/3/2014https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 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 Page 10 of 17 6/3/2014https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 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 Page 11 of 17 6/3/2014https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 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 Page 12 of 17 6/3/2014https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 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 Page 13 of 17 6/3/2014https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 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 6/3/2014https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 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 6/3/2014https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 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 Page 16 of 17 6/3/2014https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 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 6/3/2014https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 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 This page intentionally left blank. 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 PSAR Project Agreement - RCO #13-1098R Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 5 of 16 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. PSAR Project Agreement - RCO #13-1098R Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 6 of 1s PROJAGR.RPT 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, PSAR Project Agreement - RCO #13-1098R Chapter 77.85 RCW, Chapter 420 WAC PROJAGR.RPT Salmon Funding Accounts Page 7 of 16 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 PSAR Project Agreement - RCO #13-1098R Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page a of 1 s 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. PSAR Project Agreement - RCO #13-1098R Salmon Funding Accounts Chapter 77.85 RCW, Chapter420 WAC Page 9 of 1s PROJAGR.RPT 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); PSAR Project Agreement - RCO #13-1098R Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 10 of 1s PROJAG R. RPT 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. PSAR Project Agreement - RCO #13-1098R Chapter 77.85 RCW, Chapter 420 WAC PROJAGR.RPT Salmon Funding Accounts Page 11 of 16 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. PSAR Project Agreement - RCO #13-1098R Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 1z of 1s PR OJAG R. RPT 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). PSAR Project Agreement - RCO #13-1098R Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 13 of 16 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. PSAR Project Agreement - RCO #13-1098R Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 14 of 1 s 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. PSAR Project Agreement - RCO #13-1098R Salmon Funding Accounts 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 ATTACH M ENT A 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. This page intentionally left blank. 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. This page intentionally left blank. 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. This page intentionally left blank. 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. This page intentionally left blank. 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 113 This page intentionally left blank. 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 This page intentionally left blank. 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 117 This page intentionally left blank. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 This page intentionally left blank. 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. This page intentionally left blank. 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 This page intentionally left blank. 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. This page intentionally left blank. 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. This page intentionally left blank. 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: 8 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 9 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 10 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 11 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 12 (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. 13 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 14 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: 15 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. 16 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: 17 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. 18 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 19 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. 20 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. 21 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: 22 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 23 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. 24 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. 25 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. 26 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. 27 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. 28 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. 29 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. 30 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. S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2014\ZCA-2014-1 DwntDesignGuidelines\Council\060914_ECDC\AttchB-GuidelinesB&W.docx This page intentionally left blank. 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” This page intentionally left blank. BIDS This page intentionally left blank. 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 This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION This page intentionally left blank.