HomeMy WebLinkAboutCity Council Committees - Public Works or Public Works Committee - 12/06/2021
Approved
Public Works Committee
CC PW Regular Meeting
Minutes
December 6, 2021
Date: December 6, 2021
Time: 4:00 p.m.
Place: Chambers
Members: Brenda Fincher, Committee Chair
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
Agenda:
1. Call to Order 4:00 p.m.
Council Chair Fincher called the meeting to order.
2. Roll Call
Attendee Name Title Status Arrived
Brenda Fincher Committee Chair Present
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present
3. Agenda Approval
There were no changes to the agenda.
4. Approval of Minutes
1. Approve the minutes of the November 15, 2021 meeting
I move to approve the minutes of the November 15, 2021 Public Works
Committee meeting.
RESULT: MOTION PASSES \[UNANIMOUS\]
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer
5. Business
1. Addendum to Interlocal Agreement for the Watershed Basins within
Water Resource Inventory Area 8
Environmental Engineering Manager, Mike Mactutis gave a brief history of
what the differences are between WRIA 8, which includes the Lake
Washington Watershed, as well as nearshore areas in Seattle and WRIA9, the
Green Duwamish River. Mactutis went on to explain that the Cedar River
watershed is a tributary of Lake Washington and Rock Creek is a tributary of
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Public Works Committee CC PW Regular Meeting December 6, 2021
Minutes Kent, Washington
involvement with WRIA 8.
In 1999, the federal government listed Puget Sound Chinook salmon as
threatened under the Endangered Species Act (ESA). In 2001, concerned
about the need to protect and restore habitat for salmon, King County and 27
cities, including Kent, signed an interlocal agreement (ILA) to jointly create a
salmon habitat plan for WRIA 8 and this ILA was renewed in 2006. In 2015,
the ILA was renewed for a ten-year term. Puget Sound Steelhead were also
listed as threatened under the ESA in 2007.
The City of Everett is requesting to be admitted into the WRIA 8 partnership,
this requires approval from the other participating jurisdictions within the
WRIA 8. This is the reason for the addendum.
MOTION: I move to authorize the Mayor to sign the Addendum to
Interlocal Agreement for the Watershed Basins within Water
Resource Inventory Area 8, subject to final terms and conditions
acceptable to the Public Works Director and City Attorney.
RESULT: RECOMMENDED TO COUNCIL \[UNANIMOUS\] Next: 12/14/2021
7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Fincher, Kaur, Larimer
2. 2957 : TIB Urban Arterial Program Grant for Reith Road - Authorize
Deputy Public Works Director, Kelly Peterson noted that this is the first of
three Transportation Improvement Board (TIB) grants that he will present at
The TIB has funds available through the Urban Arterial Program (UAP). The
UAP supports projects that score well in Safety, Growth and Development,
Physical Condition, or Mobility.
In August 2021, the City applied to TIB for design and construction funds
rd
through the UAP for improvements on Reith Road between S 253 St and
SR516. The project will add compact roundabouts, enhanced pedestrian
crossing facilities, median curb, and separated bike lanes (between Lake
rd
Fenwick Road and S 253 St). The improvements will support adjacent
neighborhoods, high density apartments and transit users with pedestrian
crossing facilities, lighting, and separated bicycle lanes.
The project is estimated to cost $2,492,795 including a local match of 36%
($897,795) with design work to begin in January 2023. Staff proposes the
required matching funds be paid from B&O funds.
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Public Works Committee CC PW Regular Meeting December 6, 2021
Minutes Kent, Washington
MOTION: I move to authorize the Mayor to accept grant funds from
the Transportation Improvement Board for the Urban Arterial
Program Reith Road, in the amount of $1,595,000, amend the
budget, authorize the expenditure of the grant funds accordingly,
authorize the expenditure of up to $897,795 in local matching funds
from the B&O fund, and authorize the Mayor to sign all necessary
documents, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL \[UNANIMOUS\] Next: 12/14/2021
7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer
3. Transportation Improvement Board Urban Sidewalk Program Grant
for Russell Road - Authorize
In August 2021, the City applied to TIB for design and construction funds
through the Urban Sidewalk Program (USP) for pedestrian improvements on
Russell Road at Hogan Park. The project will extend the sidewalk along the
frontage of Hogan Park.
Peterson noted the project is estimated to cost $628,380 including a local
match of 26% ($163,380), with design work to begin in spring 2022. Staff
proposes the required matching funds be paid from B&O funds.
MOTION: I move to authorize the Mayor to accept grant funds from
the Transportation Improvement Board for the Urban Sidewalk
Program at Hogan Park, in the amount of $465,000, amend the
budget, authorize the expenditure of the grant funds accordingly,
authorize the expenditure of up to $163,380 in local matching funds
from the B&O fund, and authorize the Mayor to sign all necessary
documents, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL \[UNANIMOUS\] Next: 12/14/2021
7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Fincher, Kaur, Larimer
4. Transportation Improvement Board Urban Sidewalk Program Grant
for S 240th Street - Authorize
Peterson noted that in August 2021, the City applied to TIB for design and
construction funds through the Urban Sidewalk Program for pedestrian
improvements on S 240th Street between Russell Road and Lakeside
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Public Works Committee CC PW Regular Meeting December 6, 2021
Minutes Kent, Washington
Boulevard East. The project will complete the gap in the sidewalk system
along the south side of road connecting the Green River Trail to multiple
neighborhoods, apartments, and transit services.
Peterson stated that the project is estimated to cost $422,040 with a local
match of 26% with design work to begin in spring 2022. Staff proposes the
required matchings funds be paid from B&O funds.
MOTION: I move to authorize the Mayor to accept grant funds from
the Transportation Improvement Board for the Urban Sidewalk
th
Program on S 240 Street between Russell Road and Lakeside
Boulevard East, in the amount of $312,000, amend the budget,
authorize the expenditure of the grant funds accordingly, authorize
the expenditure of up to $110,040 in local matching funds from the
B&O fund, and authorize the Mayor to sign all necessary documents,
subject to final terms and conditions acceptable to the City Attorney
and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL \[UNANIMOUS\] Next: 12/14/2021
7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer
5. Agreement with Totem Logistics for On-Call Garbage Cleanup
Services on City-Owned Property - Authorize
Conservation Coordinator, Tony Donati noted that illegal dumping on city-
owned properties and in rights of way has become an increasing problem for
staff and the community. When dumping occurs on a job site, or city
property staff removes it. However, City solid waste removal crews are not
always able to keep up with the demand due to the increasing amount of
dumping.
In September, staff advertised a Request for Proposals for an on-call garbage
cleanup contractor. Staff recommends Totem Logistics to perform these
duties.
MOTION: I move to authorize the Mayor to sign the goods and
services agreement with Totem Logistics, in the amount of $115,000,
for the cleanup and removal of encampments/dumping on city-
owned properties and right of ways subject to final terms and
conditions acceptable to the Public Works Director and City Attorney.
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Public Works Committee CC PW Regular Meeting December 6, 2021
Minutes Kent, Washington
RESULT: RECOMMENDED TO COUNCIL \[UNANIMOUS\] Next: 12/14/2021
7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Fincher, Kaur, Larimer
6. INFO ONLY Solid Waste Rate Adjustment
Conservation Coordinator, Tony Donati In Kent, noted that the solid waste
contract has two components: the disposal component and the collection
component. The contract with Republic Services influences the collection
component. The disposal component is strictly based on disposal fees set by
King County. The King County Solid Waste Division has confirmed a rate
increase on disposal fees that will take effect on January 1, 2022. The new
fee will change from $140.82 to $154.02 per ton. The rate increase is passed
Single-family customers will see the following rate change per month:
Service Level Current January 1, 2022
13-gallon $ 6.00 $ 6.16
20-gallon $12.00 $12.30
32-gallon $19.96 $20.45
45-gallon $28.89 $29.58
64-gallon $43.73 $44.70
96-gallon $65.57 $67.02
Revenue from the disposal component 2022 rate will allow King County to
continue to provide essential services for use of the landfill including capital
projects and waste reduction programs.
7. INFO ONLY Upcoming Fencing Improvements
Public Works Director, Chad Bieren noted that staff are working on fencing in
the south end of downtown and near the Public Works Operations building
(Russell Road Maintenance Facility). Bieren noted that improvements are
expected to be made over the next several months at the following locations:
st
· The west side of Railroad Ave South & the east side of 1 Ave South, both
south of Willis Street. This fencing project is the next phase of fencing
improvements for the railroad Quiet Zone along the Burlington Northern
Railroad.
· Russell Road Maintenance Facility/Hogan Park. The Russell Road
Maintenance Facility site is not large enough to accommodate parking of City
vehicles/equipment and staff personal vehicles. Staff use portions of the
parking lots within Hogan Park for parking their personal vehicles during the
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Public Works Committee CC PW Regular Meeting December 6, 2021
Minutes Kent, Washington
the Monday-Friday business hours of staff are opposite to the peak usage
hours of park patrons. Regrettably, staff personal vehicles have become a
frequent target for vandalism and theft during the workday. Therefore,
Public Works and Parks Staff are working together to add fencing at this
location for additional day-time security. The fenced area will remain open
outside of business hours and available to park patrons.
· Alleys near the intersection of Willis Street and Central Ave are areas of
increased crime in recent years. Business owners have asked to fence off
alleys to restrict access. Cost and maintenance of the fencing would be the
responsibility of adjacent property owners. The City would continue to have
access when needed to maintain its infrastructure.
Expenses related to the Quiet Zone improvements will be charged to the
project, which has adequate funding. Expenses for the Russell Road
Maintenance Facility/Hogan Park will be split between the Capital Resources
Fund, the Water Utility, the Sewer Utility, and Sanitary Sewer Utility. Bieren
noted that the Russell Road fence will move forward to the Operations
Committee for consideration.
6. Adjournment 4:34 p.m.
The meeting was adjourned by Council Chair Fincher.
7. Action Items
Cheryl Viseth
Committee Secretary
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1 ADDENDUM TO
2 INTERLOCAL AGREEMENT
3 FortheWatershedBasinswithinWaterResourceInventoryArea8(“WRIA 8”)
4
5 PREAMBLE
6 THIS ADDENDUM ("Addendum") to that certain lnterlocal Agreement for the Watershed Basins
7 within Water Resource Inventory Area 8 ("Agreement'') is entered into by the Parties to that
8 Agreement and the City of Everett ("City"), for the purposes of allowing the City to become a
9 member, with full rights and obligations under the Agreement, of the WRIA 8 Salmon Recovery
10 Council, as described in the Agreement ("Council"). This Addendum sets forth the rights and
11 obligations of the City and memorializes the unanimous consent of all Parties to the Agreement to
12 the City's joining the Council as a voting member, in accordance with the terms of Section 8 of
13 the Agreement. The City is identified in Section 1.1 of the Agreement as an eligible jurisdictionfor
14 participation in the Council. The Parties and the City share interests in and responsibility for
15 addressing long-term watershed planning and conservation for the watershed basins in WRIA 8
16 and wish to provide for funding and implementation of various activities and projects therein.
17
18 TERMS FOR THE CITY OF EVERETT'S PARTICIPATION IN THE COUNCIL
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20 1. The City of Everett's legislative authority, by City Council Action, has authorized the City's
21 becoming a member of the WRIA 8 Salmon Recovery Council in accordance with the terms of the
22 Agreement and has authorized the City's appointed representative (Mayor) to sign this
23 Addendum on behalf of the City.
24 2.In order to become a voting member of the WRIA 8 Salmon Recovery Council, the City of Everett
25 and the Parties agree to the following conditions:
26 2.1. The City's annual cost share contribution for 2022 is projected to be $8,447 for the
27 programs and activities of the Council, which is subject to change for 2022 and future
28 years based on changes in one or more parameters of the formula, or by agreement of
29 the parties, including Everett, changing the total dollar amount of the assessment to be
30 collected. The City's cost share is based on the portion of the City that falls within the
31 geographic boundary of WRIA 8, including a population of 32,846 (1.96% of the
32 watershed), assessed value within the City of $4,850,621,800 (0.86% of the watershed),
33 and an area in square miles of 5.2 (1.10% of the watershed).
34 2.2. For the City to become a member of the Council, all existing members must unanimously
35 express their consent to the City's becoming a member. The City becomes a member of
36 the Council on the date when this Addendum is last signed by the Party representing the
final signature of unanimity. The date of such signing shall be the effective date of this
37
1 Addendum to WRIA 8 ILA 2016-2025 September 2021
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20 Addendum. Representatives of the Parties shall sign this Addendum after the City has
21 signed it in accordance with the provisions of Section 1 above.
22 3. Upon the effective date of this Addendum, the City of Everett shall be a member of the Council,
23 and shall have all the rights, privileges, duties, and obligations afforded the Parties under the
24 terms of the Agreement.
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44 IN WITNESS WHEREOF, the City of Everett and the Parties have executed this Addendum on the
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75 City of Kent
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3 Addendum to WRIA 8 ILA 2016-2025
September 2021
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Washington State
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Investing in your local community
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Washington State Transportation Improvement Board 8-1-106(034)-1
Fuel Tax Grant Agreement
City of Kent
8-1-106(034)-1
Reith Road
140ft s/o S 253rd St to 200ft w/o SR 516
!
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Kent
AGREEMENT
Reith Road, 140ft s/o S 253rd St
to 200ft w/o SR 516 is entered into by the WASHINGTON STATE
City of Kent, a political
subdivision of the State of WashingtoRECIPIENT
1.0 PURPOSE
For the project specified above, TIB shall pay 63.9844 percent of approved eligible project costs
up to the amount of $1,595,000, pursuant to terms contained in Grant
Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and
conditions listed below.
2.0 SCOPE AND BUDGET
The Project Scope and Budget are initially Grant Application and
incorporated by reference into this Agreement. Scope and Budget will be further developed and
refined, but not substantially altered during the Design, Bid Authorization and Construction
Phases. Any material alterations to the original Project Scope or Budget as initially described in
the Grant Application must be authorized by TIB in advance by written amendment.
3.0 PROJECT DOCUMENTATION
TIB requires RECIPIENT to make reasonable progress and submit timely Project
documentation as applicable throughout the Project. Upon submission of each
Project document to TIB, the terms contained in the document will be incorporated by reference
into the Agreement. Required documents include, but are not limited to the following:
a) Project Funding Status Form
b) Bid Authorization Form with plans and engineers estimate
c) Award Updated Cost Estimate
d) Bid Tabulations
e) Contract Completion Updated Cost Estimate with final summary of quantities
f) Project Accounting History
4.0 BILLING AND PAYMENT
The local agency shall submit progress billings as project costs are incurred to enable TIB to
maintain accurate budgeting and fund management. Payment requests may be submitted as
Fuel Tax Agreement Page 1 of 5 November 2012
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Washington State Transportation Improvement Board 8-1-106(034)-1
Fuel Tax Grant Agreement
often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable
amounts are greater than $50,000. If progress billings are not submitted, large payments may
be delayed or scheduled in a payment plan.
5.0 TERM OF AGREEMENT
This Agreement shall be effective upon execution by TIB and shall continue through closeout of
the grant or until terminated as provided herein, but shall not exceed 10 years unless amended
by the Parties.
6.0 AMENDMENTS
This Agreement may be amended by mutual agreement of the Parties. Such amendments shall
not be binding unless they are in writing and signed by persons authorized to bind each of the
Parties.
7.0 ASSIGNMENT
The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this
Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to
assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a
waiver of the RECIPIENT
8.0 GOVERNANCE & VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington and venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9.0 DEFAULT AND TERMINATION
9.1 NON-COMPLIANCE
a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to
comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT,
in writing, of the non-compliance.
b) In response to the notice, RECIPIENT shall provide a written response within 10
business days -compliance, which should include either a
detailed plan to correct the non-compliance, a request to amend the Project, or a denial
accompanied by supporting details.
c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward
compliance pursuant to its plan to correct or implement its amendment to the Project.
d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and
may withhold further payments or prohibit the RECIPIENT from incurring additional
reimbursable costs during the investigation.
9.2 DEFAULT
RECIPIENT may be considered in default if TIB determines, in its sole discretion, that:
Fuel Tax Agreement Page 2 of 5 November 2012
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Washington State Transportation Improvement Board 8-1-106(034)-1
Fuel Tax Grant Agreement
a) RECIPIENT is not making reasonable progress toward correction and
compliance.
b) TIB denies the RECIPIENTProject.
c) -compliance.
TIB reserves the right to order RECIPIENT to immediately stop work on the Project and
TIB may stop Project payments until the requested corrections have been made or the
Agreement has been terminated.
9.3 TERMINATION
a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2,
TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which
shall be served in person, by email or by certified letter. Upon service of notice of
termination, the RECIPIENT shall immediately stop work and/or take such action as may
be directed by TIB.
b) In the event of default and/or termination by either PARTY, the RECIPIENT may
be liable for damages as authorized by law including, but not limited to, repayment of
grant funds.
c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive
and are in addition to any other rights and remedies provided by law.
9.4 TERMINATION FOR NECESSITY
TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part,
this Agreement is so terminated, TIB shall be liable only for payment required under this
Agreement for performance rendered or costs incurred prior to the effective date of
termination.
10.0 USE OF TIB GRANT FUNDS
TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for
anything other than highway or roadway system improvements is prohibited and shall subject
the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is
purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds
from t used for a motor
vehicle purpose.
11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS
At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum
payable TIB funds for the specific project. Requests must be made in writing and will be
considered by TIB and awarded at the sole discretion of TIB. All increase requests must be
made pursuant to WAC 479-05-202 and/or WAC 479-01-060. If an increase is denied, the
recipient shall be liable for all costs incurred in excess of the maximum amount payable by TIB.
In the event that final costs related to the specific project are less than the initial grant award,
TIB funds will be decreased and/or refunded to TIB in a manner that maintains the intended
ratio between TIB funds and total project costs, as described in Section 1.0 of this Agreement.
Fuel Tax Agreement Page 3 of 5 November 2012
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Washington State Transportation Improvement Board 8-1-106(034)-1
Fuel Tax Grant Agreement
12.0 INDEPENDENT CAPACITY
The RECIPIENT shall be deemed an independent contractor for all purposes and the
employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof
shall not in any manner be deemed employees of TIB.
13.0 INDEMNIFICATION AND HOLD HARMLESS
The PARTIES agree to the following:
Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its
officers, officials, employees, and agents, while acting within the scope of their employment as
such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in
any way resulting from, that which may arise in
connection with its performance under this Agreement. No PARTY will be required to
indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries,
death, or damages is caused by the sole negligence of the other PARTY. Where such claims,
suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions
Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim,
demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For
this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the
other PARTY only, any immunity that would otherwise be available to it against such claims
under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions
and costs incurred from the other PARTY. The obligations of this Section shall survive
termination of this Agreement.
14.0 DISPUTE RESOLUTION
a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any
dispute arising under or in connection with this AGREEMENT. The dispute resolution
process outlined in this Section applies to disputes arising under or in connection with
the terms of this AGREEMENT.
b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes
promptly and at the lowest organizational level.
c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall
submit the matter to non-binding mediation facilitated by a mutually agreed upon
mediator. The PARTIES shall share equally in the cost of the mediator.
d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute
in order to avoid delays or additional incurred cost to the Project.
e) The PARTIES agree that they shall have no right to seek relief in a court of law until and
unless the Dispute Resolution process has been exhausted.
Fuel Tax Agreement Page 4 of 5 November 2012
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Washington State Transportation Improvement Board 8-1-106(034)-1
Fuel Tax Grant Agreement
15.0 ENTIRE AGREEMENT
This Agreement, together with , the provisions of chapter
47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code,
and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all
previous written or oral agreements between the PARTIES.
16.0 RECORDS MAINTENANCE
!
The RECIPIENT 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. RECIPIENT shall retain
such records for a period of six years following the date of final payment. At no additional cost,
these records, including materials generated under the Agreement shall be subject at all
reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the
Office of the State Auditor, and federal and state officials so authorized by law, regulation or
agreement.
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.
Approved as to Form
Attorney General
By:
Signature on file
Guy Bowman
Assistant Attorney General
Lead Agency Transportation Improvement Board
Chief Executive Officer Date Executive Director Date
Print Name Print Name
Fuel Tax Agreement Page 5 of 5 November 2012
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Transportation Improvement Board
Project Funding Status Form
Agency Name
LFOU!TIB Project Number: !9.2.217)145*.2
Project Name:
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Verify the information below and revise if necessary.
-0901
PROJECT SCHEDULE
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PROJECT FUNDING PARTNERS
List additional funding partners and amount.
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KENT
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TOTAL LOCAL FUNDS
Signatures are required from two different agency officials. Return the originally signed form to the TIB office.
Mayor or Public Works Director
Signature Date
Printed or Typed Name Title
Financial Officer
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Signature Date
Printed or Typed Name Title
TIB Funding Status Report
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6/4/b
Washington State
Buubdinfou;!6D2!UJC!!Bxbse!Mfuufs!gps!Vscbo!Tjefxbml!Qsphsbn!Hsbou!gps!Svttfmm!Se!!)3:69!;!UJC!Vscbo!Tjefxbml!Qsphsbn!Hsbou!gps!Svttfmm
Investing in your local community
Qbdlfu!Qh/!29
6/4/c
Washington State Transportation Improvement Board P-P-106(P06)-1
Fuel Tax Grant Agreement
City of Kent
P-P-106(P06)-1
Russell Road
Hogan Park Frontage
!
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Kent
AGREEMENT
Russell Road, Hogan Park
Frontage is entered into by the WASHINGTON STATE
City of Kent, a political
subdivision of the State of WashingtoRECIPIENT
1.0 PURPOSE
For the project specified above, TIB shall pay 73.9998 percent of approved eligible project costs
up to the amount of $465,000, pursuant to terms contained in Grant
Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and
conditions listed below.
2.0 SCOPE AND BUDGET
The Project Scope and Budget are initially Grant Application and
incorporated by reference into this Agreement. Scope and Budget will be further developed and
refined, but not substantially altered during the Design, Bid Authorization and Construction
Phases. Any material alterations to the original Project Scope or Budget as initially described in
the Grant Application must be authorized by TIB in advance by written amendment.
3.0 PROJECT DOCUMENTATION
TIB requires RECIPIENT to make reasonable progress and submit timely Project
documentation as applicable throughout the Project. Upon submission of each
Project document to TIB, the terms contained in the document will be incorporated by reference
into the Agreement. Required documents include, but are not limited to the following:
a) Project Funding Status Form
b) Bid Authorization Form with plans and engineers estimate
c) Award Updated Cost Estimate
d) Bid Tabulations
e) Contract Completion Updated Cost Estimate with final summary of quantities
f) Project Accounting History
4.0 BILLING AND PAYMENT
The local agency shall submit progress billings as project costs are incurred to enable TIB to
maintain accurate budgeting and fund management. Payment requests may be submitted as
Fuel Tax Agreement Page 1 of 5 November 2012
Qbdlfu!Qh/!2:
6/4/c
Washington State Transportation Improvement Board P-P-106(P06)-1
Fuel Tax Grant Agreement
often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable
amounts are greater than $50,000. If progress billings are not submitted, large payments may
be delayed or scheduled in a payment plan.
5.0 TERM OF AGREEMENT
This Agreement shall be effective upon execution by TIB and shall continue through closeout of
the grant or until terminated as provided herein, but shall not exceed 10 years unless amended
by the Parties.
6.0 AMENDMENTS
This Agreement may be amended by mutual agreement of the Parties. Such amendments shall
not be binding unless they are in writing and signed by persons authorized to bind each of the
Parties.
7.0 ASSIGNMENT
The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this
Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to
assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a
waiver of the RECIPIENT
8.0 GOVERNANCE & VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington and venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9.0 DEFAULT AND TERMINATION
9.1 NON-COMPLIANCE
a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to
comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT,
in writing, of the non-compliance.
b) In response to the notice, RECIPIENT shall provide a written response within 10
business days -compliance, which should include either a
detailed plan to correct the non-compliance, a request to amend the Project, or a denial
accompanied by supporting details.
c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward
compliance pursuant to its plan to correct or implement its amendment to the Project.
d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and
may withhold further payments or prohibit the RECIPIENT from incurring additional
reimbursable costs during the investigation.
9.2 DEFAULT
RECIPIENT may be considered in default if TIB determines, in its sole discretion, that:
Fuel Tax Agreement Page 2 of 5 November 2012
Qbdlfu!Qh/!31
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Washington State Transportation Improvement Board P-P-106(P06)-1
Fuel Tax Grant Agreement
a) RECIPIENT is not making reasonable progress toward correction and
compliance.
b) TIB denies the RECIPIENTProject.
c) -compliance.
TIB reserves the right to order RECIPIENT to immediately stop work on the Project and
TIB may stop Project payments until the requested corrections have been made or the
Agreement has been terminated.
9.3 TERMINATION
a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2,
TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which
shall be served in person, by email or by certified letter. Upon service of notice of
termination, the RECIPIENT shall immediately stop work and/or take such action as may
be directed by TIB.
b) In the event of default and/or termination by either PARTY, the RECIPIENT may
be liable for damages as authorized by law including, but not limited to, repayment of
grant funds.
c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive
and are in addition to any other rights and remedies provided by law.
9.4 TERMINATION FOR NECESSITY
TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part,
this Agreement is so terminated, TIB shall be liable only for payment required under this
Agreement for performance rendered or costs incurred prior to the effective date of
termination.
10.0 USE OF TIB GRANT FUNDS
TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for
anything other than highway or roadway system improvements is prohibited and shall subject
the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is
purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds
from t used for a motor
vehicle purpose.
11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS
At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum
payable TIB funds for the specific project. Requests must be made in writing and will be
considered by TIB and awarded at the sole discretion of TIB. All increase requests must be
made pursuant to WAC 479-05-202 and/or WAC 479-01-060. If an increase is denied, the
recipient shall be liable for all costs incurred in excess of the maximum amount payable by TIB.
In the event that final costs related to the specific project are less than the initial grant award,
TIB funds will be decreased and/or refunded to TIB in a manner that maintains the intended
ratio between TIB funds and total project costs, as described in Section 1.0 of this Agreement.
Fuel Tax Agreement Page 3 of 5 November 2012
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6/4/c
Washington State Transportation Improvement Board P-P-106(P06)-1
Fuel Tax Grant Agreement
12.0 INDEPENDENT CAPACITY
The RECIPIENT shall be deemed an independent contractor for all purposes and the
employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof
shall not in any manner be deemed employees of TIB.
13.0 INDEMNIFICATION AND HOLD HARMLESS
The PARTIES agree to the following:
Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its
officers, officials, employees, and agents, while acting within the scope of their employment as
such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in
any way resulting from, that which may arise in
connection with its performance under this Agreement. No PARTY will be required to
indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries,
death, or damages is caused by the sole negligence of the other PARTY. Where such claims,
suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions
Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim,
demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For
this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the
other PARTY only, any immunity that would otherwise be available to it against such claims
under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions
and costs incurred from the other PARTY. The obligations of this Section shall survive
termination of this Agreement.
14.0 DISPUTE RESOLUTION
a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any
dispute arising under or in connection with this AGREEMENT. The dispute resolution
process outlined in this Section applies to disputes arising under or in connection with
the terms of this AGREEMENT.
b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes
promptly and at the lowest organizational level.
c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall
submit the matter to non-binding mediation facilitated by a mutually agreed upon
mediator. The PARTIES shall share equally in the cost of the mediator.
d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute
in order to avoid delays or additional incurred cost to the Project.
e) The PARTIES agree that they shall have no right to seek relief in a court of law until and
unless the Dispute Resolution process has been exhausted.
Fuel Tax Agreement Page 4 of 5 November 2012
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6/4/c
Washington State Transportation Improvement Board P-P-106(P06)-1
Fuel Tax Grant Agreement
15.0 ENTIRE AGREEMENT
This Agreement, together with , the provisions of chapter
47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code,
and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all
previous written or oral agreements between the PARTIES.
16.0 RECORDS MAINTENANCE
!
The RECIPIENT 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. RECIPIENT shall retain
such records for a period of six years following the date of final payment. At no additional cost,
these records, including materials generated under the Agreement shall be subject at all
reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the
Office of the State Auditor, and federal and state officials so authorized by law, regulation or
agreement.
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.
Approved as to Form
Attorney General
By:
Signature on file
Guy Bowman
Assistant Attorney General
Lead Agency Transportation Improvement Board
Chief Executive Officer Date Executive Director Date
Print Name Print Name
Fuel Tax Agreement Page 5 of 5 November 2012
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6/4/c
blank
Buubdinfou;!6D3!UJC!Vscbo!Tjefxbml!Hsbou!.!Svttfmm!Spbe!Gvfm!Uby!Bhsffnfou!!)3:69!;!UJC!Vscbo!Tjefxbml!Qsphsbn!Hsbou!gps!Svttfmm!Spbe!.
Qbdlfu!Qh/!35
6/4/d
Transportation Improvement Board
Project Funding Status Form
Agency Name
LFOU!TIB Project Number: !Q.Q.217)Q17*.2
Project Name:
Svttfmm!Spbe!
Iphbo!Qbsl!Gspoubhf!
Verify the information below and revise if necessary.
98504-0901
PROJECT SCHEDULE
Ubshfu!Ebuft!
Dpotusvdujpo!Bqqspwbm!Dpousbdu!Cje!Bxbse!Dpousbdu!Dpnqmfujpo!
!!
PROJECT FUNDING PARTNERS
List additional funding partners and amount.
Gvoejoh!Qbsuofst!Bnpvou!Sfwjtfe!Gvoejoh!
163,380 !
KENT
0 !
WSDOT
!
!
!
!
!
!
!
!
274-491!!
TOTAL LOCAL FUNDS
Signatures are required from two different agency officials. Return the originally signed form to the TIB office.
Mayor or Public Works Director
Signature Date
Printed or Typed Name Title
Financial Officer
Signature Date
Printed or Typed Name Title
Buubdinfou;!6D4!UJC!Vscbo!Tjefxbml!Qsphsbn!Hsbou!.!!Svttfmm!Spbe!Gvoejoh!Tubuvt!Gpsn!!)3:69!;!UJC!Vscbo!Tjefxbml!Qsphsbn!Hsbou!gps
TIB Funding Status Report
Qbdlfu!Qh/!36
6/5/b
Washington State
Buubdinfou;!6E2!UJC!Bxbse!Mfuufs!gps!T!351ui!Tu!!)3:6:!;!UJC!Vscbo!Tjefxbml!Qsphsbn!Hsbou!gps!T!351ui!Tusffu*
Investing in your local community
Qbdlfu!Qh/!37
6/5/c
Washington State Transportation Improvement Board P-P-106(P06)-1
Fuel Tax Grant Agreement
City of Kent
P-P-106(P06)-1
Russell Road
Hogan Park Frontage
!
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Kent
AGREEMENT
Russell Road, Hogan Park
Frontage is entered into by the WASHINGTON STATE
City of Kent, a political
subdivision of the State of WashingtoRECIPIENT
1.0 PURPOSE
For the project specified above, TIB shall pay 73.9998 percent of approved eligible project costs
up to the amount of $465,000, pursuant to terms contained in Grant
Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and
conditions listed below.
2.0 SCOPE AND BUDGET
The Project Scope and Budget are initially Grant Application and
incorporated by reference into this Agreement. Scope and Budget will be further developed and
refined, but not substantially altered during the Design, Bid Authorization and Construction
Phases. Any material alterations to the original Project Scope or Budget as initially described in
the Grant Application must be authorized by TIB in advance by written amendment.
3.0 PROJECT DOCUMENTATION
TIB requires RECIPIENT to make reasonable progress and submit timely Project
documentation as applicable throughout the Project. Upon submission of each
Project document to TIB, the terms contained in the document will be incorporated by reference
into the Agreement. Required documents include, but are not limited to the following:
a) Project Funding Status Form
b) Bid Authorization Form with plans and engineers estimate
c) Award Updated Cost Estimate
d) Bid Tabulations
e) Contract Completion Updated Cost Estimate with final summary of quantities
f) Project Accounting History
4.0 BILLING AND PAYMENT
The local agency shall submit progress billings as project costs are incurred to enable TIB to
maintain accurate budgeting and fund management. Payment requests may be submitted as
Fuel Tax Agreement Page 1 of 5 November 2012
Qbdlfu!Qh/!38
6/5/c
Washington State Transportation Improvement Board P-P-106(P06)-1
Fuel Tax Grant Agreement
often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable
amounts are greater than $50,000. If progress billings are not submitted, large payments may
be delayed or scheduled in a payment plan.
5.0 TERM OF AGREEMENT
This Agreement shall be effective upon execution by TIB and shall continue through closeout of
the grant or until terminated as provided herein, but shall not exceed 10 years unless amended
by the Parties.
6.0 AMENDMENTS
This Agreement may be amended by mutual agreement of the Parties. Such amendments shall
not be binding unless they are in writing and signed by persons authorized to bind each of the
Parties.
7.0 ASSIGNMENT
The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this
Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to
assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a
waiver of the RECIPIENT
8.0 GOVERNANCE & VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington and venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9.0 DEFAULT AND TERMINATION
9.1 NON-COMPLIANCE
a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to
comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT,
in writing, of the non-compliance.
b) In response to the notice, RECIPIENT shall provide a written response within 10
business days -compliance, which should include either a
detailed plan to correct the non-compliance, a request to amend the Project, or a denial
accompanied by supporting details.
c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward
compliance pursuant to its plan to correct or implement its amendment to the Project.
d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and
may withhold further payments or prohibit the RECIPIENT from incurring additional
reimbursable costs during the investigation.
9.2 DEFAULT
RECIPIENT may be considered in default if TIB determines, in its sole discretion, that:
Fuel Tax Agreement Page 2 of 5 November 2012
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6/5/c
Washington State Transportation Improvement Board P-P-106(P06)-1
Fuel Tax Grant Agreement
a) RECIPIENT is not making reasonable progress toward correction and
compliance.
b) TIB denies the RECIPIENTProject.
c) -compliance.
TIB reserves the right to order RECIPIENT to immediately stop work on the Project and
TIB may stop Project payments until the requested corrections have been made or the
Agreement has been terminated.
9.3 TERMINATION
a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2,
TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which
shall be served in person, by email or by certified letter. Upon service of notice of
termination, the RECIPIENT shall immediately stop work and/or take such action as may
be directed by TIB.
b) In the event of default and/or termination by either PARTY, the RECIPIENT may
be liable for damages as authorized by law including, but not limited to, repayment of
grant funds.
c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive
and are in addition to any other rights and remedies provided by law.
9.4 TERMINATION FOR NECESSITY
TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part,
this Agreement is so terminated, TIB shall be liable only for payment required under this
Agreement for performance rendered or costs incurred prior to the effective date of
termination.
10.0 USE OF TIB GRANT FUNDS
TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for
anything other than highway or roadway system improvements is prohibited and shall subject
the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is
purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds
from t used for a motor
vehicle purpose.
11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS
At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum
payable TIB funds for the specific project. Requests must be made in writing and will be
considered by TIB and awarded at the sole discretion of TIB. All increase requests must be
made pursuant to WAC 479-05-202 and/or WAC 479-01-060. If an increase is denied, the
recipient shall be liable for all costs incurred in excess of the maximum amount payable by TIB.
In the event that final costs related to the specific project are less than the initial grant award,
TIB funds will be decreased and/or refunded to TIB in a manner that maintains the intended
ratio between TIB funds and total project costs, as described in Section 1.0 of this Agreement.
Fuel Tax Agreement Page 3 of 5 November 2012
Qbdlfu!Qh/!3:
6/5/c
Washington State Transportation Improvement Board P-P-106(P06)-1
Fuel Tax Grant Agreement
12.0 INDEPENDENT CAPACITY
The RECIPIENT shall be deemed an independent contractor for all purposes and the
employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof
shall not in any manner be deemed employees of TIB.
13.0 INDEMNIFICATION AND HOLD HARMLESS
The PARTIES agree to the following:
Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its
officers, officials, employees, and agents, while acting within the scope of their employment as
such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in
any way resulting from, that which may arise in
connection with its performance under this Agreement. No PARTY will be required to
indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries,
death, or damages is caused by the sole negligence of the other PARTY. Where such claims,
suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions
Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim,
demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For
this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the
other PARTY only, any immunity that would otherwise be available to it against such claims
under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions
and costs incurred from the other PARTY. The obligations of this Section shall survive
termination of this Agreement.
14.0 DISPUTE RESOLUTION
a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any
dispute arising under or in connection with this AGREEMENT. The dispute resolution
process outlined in this Section applies to disputes arising under or in connection with
the terms of this AGREEMENT.
b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes
promptly and at the lowest organizational level.
c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall
submit the matter to non-binding mediation facilitated by a mutually agreed upon
mediator. The PARTIES shall share equally in the cost of the mediator.
d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute
in order to avoid delays or additional incurred cost to the Project.
e) The PARTIES agree that they shall have no right to seek relief in a court of law until and
unless the Dispute Resolution process has been exhausted.
Fuel Tax Agreement Page 4 of 5 November 2012
Qbdlfu!Qh/!41
6/5/c
Washington State Transportation Improvement Board P-P-106(P06)-1
Fuel Tax Grant Agreement
15.0 ENTIRE AGREEMENT
This Agreement, together with , the provisions of chapter
47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code,
and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all
previous written or oral agreements between the PARTIES.
16.0 RECORDS MAINTENANCE
!
The RECIPIENT 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. RECIPIENT shall retain
such records for a period of six years following the date of final payment. At no additional cost,
these records, including materials generated under the Agreement shall be subject at all
reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the
Office of the State Auditor, and federal and state officials so authorized by law, regulation or
agreement.
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.
Approved as to Form
Attorney General
By:
Signature on file
Guy Bowman
Assistant Attorney General
Lead Agency Transportation Improvement Board
Chief Executive Officer Date Executive Director Date
Print Name Print Name
Fuel Tax Agreement Page 5 of 5 November 2012
Qbdlfu!Qh/!42
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Buubdinfou;!6D3!UJC!Svttfmm!Spbe!Gvfm!Uby!Bhsffnfou!!)3:6:!;!UJC!Vscbo!Tjefxbml!Qsphsbn!Hsbou!gps!T!351ui!Tusffu*
Qbdlfu!Qh/!43
6/5/d
Transportation Improvement Board
Project Funding Status Form
Agency Name
LFOU!TIB Project Number: !Q.Q.217)Q16*.2
Project Name:
T!351ui!Tusffu!
Svttfmm!Se!up!Mblftjef!Cmwe!F!
Verify the information below and revise if necessary.
Olympia, WA 98504-0901
PROJECT SCHEDULE
Ubshfu!Ebuft!
Dpotusvdujpo!Bqqspwbm!Dpousbdu!Cje!Bxbse!Dpousbdu!Dpnqmfujpo!
!!
PROJECT FUNDING PARTNERS
List additional funding partners and amount.
Gvoejoh!Qbsuofst!Bnpvou!Sfwjtfe!Gvoejoh!
110,040 !
KENT
0 !
WSDOT
!
!
!
!
!
!
!
!
221-151!!
TOTAL LOCAL FUNDS
Signatures are required from two different agency officials. Return the originally signed form to the TIB office.
Mayor or Public Works Director
Signature Date
Printed or Typed Name Title
Financial Officer
Buubdinfou;!6E4!UJC!T!351ui!Tu!Gvoejoh!Tubuvt!Gpsn!!)3:6:!;!UJC!Vscbo!Tjefxbml!Qsphsbn!Hsbou!gps!T!351ui!Tusffu*
Signature Date
Printed or Typed Name Title
TIB Funding Status Report
Qbdlfu!Qh/!44
6/6/b
GOODS & SERVICES AGREEMENT
With Prevailing Wage Provisions
between the City of Kent and
Totem Logistics, Inc. (DBA Seattle Junk King)
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Totem Logistics, Inc. (DBA Seattle Junk King) organized under the laws of the
State of Washington, located and doing business at 308 Clay Street NW, Auburn, WA 98001, Phone: (510)
332-1231, Contact: David Scott Page (hereinafter the "Vendor").
AGREEMENT
I.DESCRIPTION OF WORK.
The Vendor shall provide the following goods and materials and/or perform the following services for
the City:
The Contractor shall provide on-call clean up and disposal of general garbage and other wastes
related to illegal dumping and/or homeless encampments at various City-owned properties
throughout Kent. For a description and Contractor's propsal, see Exhibit A which is
attached and incorporated by this reference.
The Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and
services through other sources.
II.TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall
complete the work and provide all goods, materials, and services by 09/30/2022.
III.COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred
Fifteen Thousand Dollars ($115,000), including applicable Washington State Sales Tax, for the goods,
materials, and services contemplated in this Agreement. The City shall pay the Vendor the following
amounts according to the following schedule:
Vendor shall submit a single invoice upn completion of each task order. Invoices shall
include date(s) and location(s) of work performed.
GOODS & SERVICES AGREEMENT - 1
Qbdlfu!Qh/!45
(Over $20,000, including WSST)
6/6/b
Card Payment Program. The Vendor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this
Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card
companies. The Vendor shall not charge those fees back to the City.
If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option
to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the
Vendor for any defective or unauthorized goods, materials or services. If the Vendor is
unable, for any reason, to complete any part of this Agreement, the City may obtain the
goods, materials or services from other sources, and the Vendor shall be liable to the City for
any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum Agreement
price specified above. The City further reserves its right to deduct these additional costs
incurred to complete this Agreement with other sources, from any and all amounts due or to
become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND
IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS
MADE.
IV.PREVAILINGWAGES. Vendor 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. Vendor shall pay prevailing wages in effect on the date the bid is accepted or executed by
Vendor, 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.
V.INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer
Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance
with Ch. 51.08 RCW, the parties make the following representations:
A. The Vendor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Vendor maintains and pays for its own place of business from which the Vendor’s
services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a business
deduction for federal income tax purposes that existed before the City retained the
Vendor’s services, or the Vendor is engaged in an independently established trade,
occupation, profession, or business of the same nature as that involved under this
Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service
and the state Department of Revenue.
E. The Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the Vendor’s
business, and has obtained a Unified Business Identifier (UBI) number from the State
of Washington.
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F. The Vendor maintains a set of books dedicated to the expenses and earnings of its
business.
VI.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.
VII.CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, the Vendor must submit a written amendment request to the
person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar
days of the date the Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Vendor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from the City
before actually receiving the written amendment. If the Vendor fails to require an amendment within the
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for
that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must
complete the amended work; however, the Vendor may elect to protest the adjustment as provided in
subsections A through E of Section VIII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the
Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract
time and for direct, indirect and consequential costs, including costs of delays related to any work, either
covered or affected by the change.
VIII.FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Vendor to restart any work or performance
that may have ceased, to change the work, or to take other action to secure the work or the project site
during the force majeure event. The cost to restart, change, or secure the work or project site arising from
a direction by the City under this clause will be dealt with as a change order, except to the extent that the
loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under
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this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the
Vendor.
IX.CLAIMS. If the Vendor disagrees with anything required by an amendment, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination
by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to
the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the
claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts
or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for
any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed
to have been waived by the Vendor unless a timely written claim is made in strict accordance with the
applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items
1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY
THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1.The date of the Vendor's claim;
2.The nature and circumstances that caused the claim;
3.The provisions in this Agreement that support the claim;
4.The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5.An analysis of the progress schedule showing the schedule change or disruption
if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result
of the asserted events giving rise to the claim. The City shall have access to any of the
Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
X. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
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XI.WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions
established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor
warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and the Vendor’s representations to City. The Vendor shall
promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have
known of the defect, or (2) upon the Vendor’s receipt of notification from the City of the existence or
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay
all costs incurred by the City in order to accomplish the correction.
XII.DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates.
The Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration,
Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached
Compliance Statement.
XIII.INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,
TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then the Vendor
shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable
attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the
Vendor’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XIV.INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
XV.WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions
and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of
the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the
Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or
other articles used or held for use in connection with the work.
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XVI.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 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 the Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be
subject to public review and disclosure, even if those records are not produced to or possessed by the City
of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and
obligations under the Public Records Act.
J. 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
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Kent City Code.
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K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
VENDOR: CITY OF KENT:
By: By:
Print Name: Print Name: Dana Ralph
Its Its Mayor
DATE: DATE:
NOTICES TO BE SENT TO:NOTICES TO BE SENT TO:
VENDOR:CITY OF KENT:
David Scott Page Tony Donati
Totem Logistics, Inc. City of Kent
308 Clay Street NW 220 Fourth Avenue South
Auburn, WA 98001 Kent, WA 98032
510-332-1231 (telephone)
(253) 856-5500 (telephone)
NA (facsimile)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
Totem Logistics, Inc. On-Call Clean-Up Services/T. Donati
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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: _________________________________________
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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.
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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: _________________________________________
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TOTEM LOGISTICS INC.
308 CLAY ST NW, AUBURN WA 98001
510-332-1231
SCOTT.PAGE@JUNK-KING.COM
DearTony,
Per your request I have included an updatedtheCity of Kent Scope of Work:
Clean Up Approach:
Totem Logistics Inc. will meet with City staff at the identified site. City staff and Totem
Logistics Inc. will jointly review the site conditions, document the site photographically both
before beginning cleanup work and after completing the contracted job. Determine, volume of
garbage, site access, limits, cleanup standards, potential requirements (traffic control, loading
zone, master collection site etc.) and number of employees and days needed for cleanup.
Totem Logistics Inc. will provide the city with a written estimate while on site or within two
business days after the joint site visit. The written estimate will include a per day cost for clean
up at the site(s) and an expected duration for completion. Totem Logistics Inc. will commence
clean up within the same or five business days of written notice to proceed. Each location shall
be described with a location description and specific job number, approximate dates work is to
be completed and unique numbering system for each cleanup location.This information shall
also be provided on all invoices under this contract.
On-site company supervisor will be responsible for the supervision of crew and ensure all
necessary safety procedures are followed in compliance with federal, state, local and tribal
laws, regulations, and policy. On-site supervisor will immediately halt work and contact the
City and Police in the event of the discovery of illegal drugs, weapons or firearms at the work
site.
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Clean Up Process:
Mobilize at work site and review the daily work goals and safety objectives, including social
distancing and face masks. Communicate the locations and types of hazards and bio waste and
best practice to isolate and remove.
Collect debris, dismantle temporary structures, and remove trash. Dispose of all debris (i.e.,
hazardous waste, universal waste, medical waste, drug waste and paraphernalia, and other
items) at our permitted facility partner. Separate recyclable items from general trash or
disposables and document delivery of waste and recyclables (scale tags) to a site approved by
the city. Supply all labor, materials, tools, equipment, vehicles, personal protective equipment,
portable bathroom facilities, traffic controls, dumpsters and other supplies that may be required
to remove debris, litter, recyclables and e-waste. Ensure employees are wearing appropriate
personal protective equipment (PPE) and follow appropriate safety protocols and training
while on site at all times. Understand and follow state or local policies for limiting or
restricting personal engagement with encampment residents. Provide clear bags, identify, tag
and save "personal property" items identified during cleanup activities. Coordinate delivery
and storage of personal property with the project coordinator. Meet with project coordinator
and proof project and document site photographically. Depart site and secure worksite and any
gates.
Regards,
Scott Page
President
TOTEM LOGISTICS INC.
308 CLAY ST NW, AUBURN WA 98001
510-332-1231
SCOTT.PAGE@JUNK-KING.COM
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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$
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COMBINED SINGLE LIMIT
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ANY AUTOBODILY INJURY (Per person)$
9
OWNEDSCHEDULED
BODILY INJURY (Per accident)$
AUTOS ONLYAUTOS
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AUTOS ONLYAUTOS ONLY
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DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$
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6/6/b
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6/6/b
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6/6/b
Benefit Code Key – Effective 9/1/2021 thru 3/2/2022
************************************************************************************************************
Overtime Codes
Overtime calculations are based on the hourly rate actually paid to the worker. On public works projects, the hourly rate
must benot 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 rateof 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 LaborDay 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 doublethe 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 oneand 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.
N. All hours worked on Saturdays (except makeup days) shall be paid at one and one-half times the hourly rate of wage.
Allhours worked on Sundays and holidays shall be paid at double the hourly rate of wage.
Buubdinfou;!6F2!Upufn!Mphjtujdt!Jod/!)ECB!Tfbuumf!Kvol!Ljoh*!Bhsffnfou!)113*!!)3:71!;!Bhsffnfou!xjui!Upufn!Mphjtujdt!gps!Po.Dbmm!Hbscbhf
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Benefit Code Key – Effective 9/1/2021 thru 3/2/2022
Overtime CodesContinued
1.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 shallbe paid at two 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 andone-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 whoare 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.
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Benefit Code Key – Effective 9/1/2021 thru 3/2/2022
Overtime CodesContinued
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.
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.
M.This code appears to be missing. All hours worked on Saturdays, Sundays and holidays shall be paid at double 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.
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.
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.
J.All hours worked between the hours of 10:00 pm and 5:00 am, Monday through Friday, and all hours worked on
Saturdays shall be paid at a 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.
K.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 5 am to 6pm 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, and all hours worked in
excess of twelve (12) hours in a single shift 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. When an employee
returns to work without at least eight (8) hours time off since their previous shift, all such time shall be a continuation
of shift andpaid at the applicable overtime rate until he/she shall have the eight (8) hours rest period.
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.
Buubdinfou;!6F2!Upufn!Mphjtujdt!Jod/!)ECB!Tfbuumf!Kvol!Ljoh*!Bhsffnfou!)113*!!)3:71!;!Bhsffnfou!xjui!Upufn!Mphjtujdt!gps!Po.Dbmm!Hbscbhf
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Benefit Code Key – Effective 9/1/2021 thru 3/2/2022
Overtime CodesContinued
4.C.On Monday through Friday, the first four (4) hours of overtime after eight (8) hours of straight time work shall be
paid at one and one half (1-1/2) times the straight time rate of pay, unless a four (4) day ten (10) hour workweek has
been established. On a four (4) day ten (10) hour workweek scheduled Monday through Thursday, or Tuesday
through Friday, the first two (2) hours of overtime after ten (10) hours of straight time work shall be paid at one and
one half (1-1/2) times the straighttime rate of pay.On Saturday, the first twelve (12) hours of work shall be paid at
one and one half (1-1/2) times the straight time rate of pay, except that if the job is down on Monday through Friday
due to weather conditions or other conditions outsidethe control of the employer, the first ten (10) hours on Saturday
may be worked at the straight time rate of pay.All hours worked over twelve (12) hours in a day and all hours worked
on Sunday and Holidays shall be paid at two (2) times the straight timerate of pay.
D.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 Saturday, Sundays and holidays shall be paid at double the hourly rate of pay. Rates
include all members of the assigned crew.
EXCEPTION:
On all multipole structures and steel transmission lines, switching stations, regulating, capacitor stations, generating
plants, industrial plants, associated installations and substations, except those substations whose primary function is
to feed a distribution system, will be paid overtime under the following rates:
The first two (2) hours after eight (8) regular hours Monday through Friday of overtime on a regular workday, shall
be paid at one and one-half times the hourly rate of wage. All hours in excess of ten (10) hours will be at two (2) times
the hourly rate of wage. The first eight (8) hours worked on Saturday will be paid at one and one-half (1-1/2) times
the hourly rate of wage. All hours worked in excess of eight (8) hours on Saturday, and all hours worked on Sundays
and holidays will be at the double the hourly rate of wage.
All overtime eligible hours performed on the above described work that is energized, shall be paid at the 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.
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 Monday or Friday not utilized in the normal four-
day, ten hour work week, and Saturday shall be paid at one and one half (1½) times the regular shift rate for the first
eight (8) hours.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.
G.All hours worked on Saturdays 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.The First eight (8) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All
hours worked in excess of eight (8) per day on Saturdays shall be paid at double the hourly rate of wage. All hours
worked on Sundays and holidays shall be paid at double the hourly rate of wage.
Buubdinfou;!6F2!Upufn!Mphjtujdt!Jod/!)ECB!Tfbuumf!Kvol!Ljoh*!Bhsffnfou!)113*!!)3:71!;!Bhsffnfou!xjui!Upufn!Mphjtujdt!gps!Po.Dbmm!Hbscbhf
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Benefit Code Key – Effective 9/1/2021 thru 3/2/2022
Overtime CodesContinued
4.J.The first eight (8) hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage. All
hours worked in excess of eight (8) hours on a Saturday shall be paid at double the hourly rate of wage. All hours
worked over twelve (12) in a day, and all hours worked on Sundays and Holidays shall be paid at double the hourly
rate of wage.
K.All hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage, so long as Saturday
is the sixth consecutive day worked. All hours worked over twelve (12) in a day Monday through Saturday, and all
hours worked on Sundays and Holidays shall be paid at double the hourly rate of wage.
L.The first twelve (12) hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage. All
hours worked on a Saturday in excess of twelve (12) hours shall be paid at double the hourly rate of pay. All hours
worked over twelve (12) in a day Monday through Friday, and all hours worked on Sundays shall be paid at double
the hourly rate of wage. All hours worked on a holiday shall be paid at one and one-half times the hourly rate of wage,
except that all hours worked on Labor Day shall be paid at double the hourly rate of pay.
U.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. (Except on makeup daysif work is lost due to inclement
weather, then the first eight (8) hours on Saturday may be paid the regular rate.) 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.
V.Work performed in excess of ten (10) hours of straight time per day when four ten (10) hour shifts are established or
outside the normal shift (5 am to 6pm), and all work on Saturdays, except for make-up days shall be paid at time and
one-half (1 ½) the straight time rate.
In the event the job is down due to weather conditions, 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
work performed on Sundays and holidays and work in excess of twelve (12) hours per day shall be paid at double (2x)
the straight time rate of pay.
After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the
applicable overtime rate until such time as the employee has had a break of eight (8) hours.
When an employee returns to work withouta break of eight (8) hours since their previous shift, all such time shall be
a continuation ofshift and paid at the applicable overtime rate until such time as the employee has had a break of eight
(8) hours.
W.All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid
at one and one-halftimes the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double
the hourly rate of wage.
When an employee returns to work without at least eight (8) hours time off since their previous shift, all such time
shall be a continuation of shift and paid at the applicable overtime rate until such time as the employee has had a break
of eight (8) hours.
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4.X.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. Work performed outside the normal shift of 6
am to 6pm shall be paid at one and one-half the straight time rate, (except for special shifts or three shift operations).
All work performed on Sundays and holidays shall be paid at double the hourly rate of wage. Shifts may be established
when considered necessary by the Employer.
The Employer may establish shifts consisting of eight (8) or ten (10) hours ofwork (subject to WAC 296-127-022),
that shall constitute a normal forty (40) hour work week. The Employer can change from a 5-eight to a 4-ten hour
schedule or back to the other. All hours of work on these shifts shall be paid for at the straight time hourly rate. Work
performed in excess of eight hours (or ten hours per day (subject to WAC 296-127-022) shall be paid at one and one-
half the straight time rate.
When due to conditions beyond the control of the Employer, or when contract specifications require that work can
only be performed outside the regular day shift, then by mutual agreement a special shift may be worked at the straight
time rate, eight (8) hours work for eight (8) hours pay. The starting time shall be arranged to fit such conditions of
work.
When an employee returns to work without at a break of eight (8) hours since their previous shift, all such time shall
be a continuation of shift and paid at the applicable overtime rate until such time as the employee has had a break of
eight (8) hours.
Y.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. 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.
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.
Z.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 20% over the hourly rate of wage. Work performed on Sundays may be paid at double time. All hours worked
on holidays shall be paid at double the hourly rate of wage.
11.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.
BAfteran employee has worked eight (8) hours, all additional hoursworkedshall bepaidat the applicable overtime
rate until such time as the employee has had a break of eight (8) hours or more.
CThe 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 overtime hours worked, except Labor Day,
and all hours on Sunday 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. All non-overtime and non-holiday hours worked between 4:00 pm and 5:00
am, Monday through Friday, shall be paid at a premium rate of 15% over the hourly rate of wage.
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D.All hours worked on Saturdays and holidays shall be paid at one and one-half times the hourly rate of wage.All hours
worked on Sundays shall be paid at double the hourly rate of wage.
After an employee has worked eight (8) hours, all additional hours worked shall be paid at the applicable overtime
rate until such time as the employee has had a break of eight (8) hours or more.
E.The first two (2) hours after eight (8) regular hours Monday through Friday,the first ten (10) hours on Saturday, and
the first ten (10)hours worked on Holidaysshall be paid at one and one-halftimes the hourly rate of wage.All hours
worked over ten (10) hours Monday through Saturday, and Sundays shall be paid at double the hourly rate of wage.
After an employee has worked eight (8) hours, all additional hours worked shall be paid at the applicable overtime
rate until such time as the employee has had a break of eight (8) hours or more.
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).
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, MemorialDay, Independence Day, Labor Day, Thanksgiving
Day, Friday afterThanksgiving 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.PaidHolidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas
Day (6).
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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,
AndChristmas Day (7).
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).
6. 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).
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 holidayfalls 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.
7.A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, theFriday and
Saturday afterThanksgiving 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, theFriday afterThanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be
observed as a holiday on the followingMonday. 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, AndChristmas 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.
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7.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.
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 whichfalls 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 holidaywhich 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.
N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after
Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on
the following Monday. When Christmas falls on a Saturday, the preceding Friday shall be observed as a holiday.
P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after
Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on
the following Monday.
Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after
Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (8). Any holiday which falls on
a Sunday shall be observed as a holiday onthe following Monday. If any of the listed holidays falls on a Saturday, the
preceding Friday shall be a regular work day.
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.
V.Holidays: New Year's Day, President’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,
the Friday after Thanksgiving Day, Christmas Day, the day before or after Christmas, and the day before or after New
Year’s Day. If any of the above listed holidays falls on a Sunday, the dayobserved by the Nation shall be considered
a holiday and compensated accordingly.
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7.W.Holidays: New Year's Day, Day After New Year’s, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, the Friday after ThanksgivingDay, Christmas Eve Day, Christmas Day, the day after Christmas, the day before
New Year’s Day, and a Floating Holiday.
X.Holidays: New Year's Day, Day before or afterNew Year’sDay,Presidents’ Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,Christmas Day,andthe day before or after
Christmasday.If a holiday falls on a Saturday or on a Friday that is the normal day off, then the holiday will be taken
on the last normal workday. If the holiday falls on a Monday that is the normal day off or on a Sunday, then the holiday
will be takenon the next normal workday.
Y.Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the
Friday after Thanksgiving Day, and Christmas Day. (8) If the holiday falls on a Sunday, then the day observed by the
federal government shall be considered a holiday and compensated accordingly.
G.New Year's Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The
Friday After Thanksgiving Day, the last scheduled workday before Christmas, and Christmas Day (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.
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.
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.
N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after
Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on
the following Monday. When Christmas falls on a Saturday, the preceding Friday shall be observed as a holiday.
P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after
Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on
the following Monday.
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7.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.
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.
V.Holidays: New Year's Day, President’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,
the Friday after Thanksgiving Day, Christmas Day, the day before or after Christmas, and the day before or after New
Year’s Day. If any of the above listed holidays falls on a Sunday, the day observed by the Nation shall be considered
a holiday and compensated accordingly.
W.Holidays: New Year's Day, Day After New Year’s, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, the Friday after ThanksgivingDay, Christmas Eve Day, Christmas Day, the day after Christmas, the day before
New Year’s Day, and a Floating Holiday.
X.Holidays: New Year's Day, Day before or afterNew Year’sDay,Presidents’ Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,Christmas Day,andthe day before or after
Christmas day.If a holiday falls on aSaturday or on a Friday that is the normal day off, then the holiday will be taken
on the last normal workday. If the holiday falls on a Monday that is the normal day off or on a Sunday, then the holiday
will be takenon the next normal workday.
Y.Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the
Friday after Thanksgiving Day, and Christmas Day. (8) If the holiday falls on a Sunday, then the day observed by the
federal government shall be considered a holiday and compensated accordingly.
15.G.New Year's Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The
Friday AfterThanksgiving Day,the last scheduled workday before Christmas, and Christmas Day(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.
H.Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after
Thanksgiving Day, Christmas Eve Day, and Christmas Day (8). When the following holidays fall on a Saturday
(New Year’s Day, Independence Day, and Christmas Day) the preceding Friday will be considered as the holiday;
should they fall on a Sunday, the following Monday shall be considered as the holiday.
I.Holidays: New Year's Day, President’s Day, Memorial Day, Labor Day, Thanksgiving Day,the Friday after
Thanksgiving Day, Christmas Day, thelast regular workdaybefore Christmas (8).Any holiday which falls on a
Sunday shall be observed as a holiday on the following Monday.
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Note Codes
8. 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 projectsreceive 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.
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. EffectiveAugust 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.
U. Workers on hazmat projects receive additional hourly premiums as follows –Class A Suit: $2.00, Class B Suit: $1.50,
And Class C Suit: $1.00. Workers performing underground work receive an additional $0.40 per hour for any and all
work performed underground, including operating, servicing and repairing of equipment. The premium for
underground work shall be paid for the entire shift worked.Workers who work suspended by a rope or cable receive
an additional $0.50 per hour. The premium for work suspended shall be paid for the entire shift worked.Workers who
do “pioneer” work (break open a cut, build road, etc.) more than one hundred fifty (150) feet above grade elevation
receive an additional $0.50 per hour.
V.In addition to the hourly wage and fringe benefits, the following depth and enclosure premiums shall be paid. The
premiums are to be calculated for the maximum depth and distance into an enclosure that a diver reaches in a day.
The premiums are to be paid one time for the day and are not used in calculating overtime pay.
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
101' to 150' -$3.00 per foot for each foot over 101 feet. Over 151' to 220' -$4.00 per foot for each foot over 220 feet.
Over 221' -$5.00 per foot for each foot over 221 feet.
Enclosure premiums apply when divers enter enclosures (such as pipes or tunnels) where there is no vertical ascent
and is measured by the distance travelled from the entrance. 25’ to 300’ -$1.00 per foot from entrance. 300’ to 600’
-$1.50 per foot beginning at 300’. Over 600’ -$2.00 per foot beginning at 600’.
W.Meter Installers work on single phase 120/240V self-contained residential meters.The Lineman/Groundmen rates
would apply to meters not fitting this description.
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8.X.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. Special Shift Premium: Basic hourly rate plus $2.00 per hour.
When due to conditions beyond the control of the Employer or when an owner (not acting as the contractor), a
government agency or the contract specifications requires that work can only be performed outside the normal 5 am
to 6pm shift, then the special shift premium will be applied to the basic hourly rate. When an employee works on a
special shift, they shall be paid a special shift premium for each hour worked unless they are in OT or Double-time
status. (For example, the special shift premium does not waive the overtime requirements for work performed on
Saturday or Sunday.)
Tide Work: When employees are called out between the hours of 6:00 p.m. and 6:00 a.m. to work on tide work
(work located in the tide plane) all time worked shall be at one and one-half times the hourly rate of pay.
Swinging Stage/Boatswains Chair: Employees working on a swinging state or boatswains chair or under conditions
that require them to be tied off to allow their handsto be free shallreceive seventy-five cents ($0.75) per hourabove
the classification rate.
Z.Workers working with supplied air on hazmat projects receive an additional $1.00 per hour.
Special Shift Premium: Basic hourly rate plus $2.00 per hour. When due to conditions beyond the control of the
Employer or when an owner (not acting as a contractor), a government agency or the contract specifications require
that more than (4) hours of a special shift can only be performed outside the normal 6 am to 6pm shift, then the
special shift premium will be applied to the basic straight time for the entire shift. When an employee works on a
special shift, they will be paid a special shift premium for each hour worked unless they are in overtime or double-
time status. (For example, the special shift premium does not waive the overtime requirements for work performed
on Saturday or Sunday.)
9.A.Workers working with supplied air on hazmat projects receive an additional $1.00 per hour.
Special Shift Premium: Basic hourly rate plus $2.00 per hour. When due to conditions beyond the control of the
Employer or when an owner (not acting as the contractor), a government agency or the contract specifications require
that more than four (4) hours of a special shift can only be performed outside the normal 6 am to 6pm shift, then the
special shift premium will be applied to the basic straight time for the entire shift. When an employee works on a
special shift, they shall be paid a special shift premium for each hour worked unless they are in overtime or double-
time status. (For example, the special shift premium does not waive the overtime requirements for work performed on
Saturday or Sunday.)
Certified Crane Operator Premium: Crane operators requiring certifications shall be paid $0.50 per hour above their
classification rate.
Boom Pay Premium: All cranes including tower shall be paid as follows based on boom length:
(A) –130’ to 199’ –$0.50 per hour over their classification rate.
(B) –200’ to 299’ –$0.80 per hour over their classification rate.
(C) –300’ and over –$1.00per hour over their classification rate.
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Benefit Code Key – Effective 9/1/2021 thru 3/2/2022
Note CodesContinued
9.B.The highestpressure 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.
Tide Work: When employees are called out between the hours of 6:00 p.m. and 6:00 a.m. to work on tide work (work
located in the tide plane) all time workedshall be at one and one-half times the hourly rate of pay. Swinging
Stage/Boatswains Chair: Employees working on a swinging stage or boatswains chair or under conditions that require
them to be tied off to allow their hands to be free shall receive seventy-five cents ($0.75) per hour above the
classification rate.
C.Tide Work: When employees are called out between the hours of 6:00 p.m. and 6:00 a.m. to work on tide work (work
located in the tide plane) all time worked shall be at one and one-half times the hourly rate of pay. Swinging
Stage/Boatswains Chair: Employees workingon a swinging stage or boatswains chair or under conditions that require
them to be tied off to allow their hands to be free shall receive seventy-five cents ($0.75) per hour above the
classification rate.
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.
D.Industrial Painter wages are required for painting within industrial facilities such as treatment plants, pipelines,
towers, dams, bridges, power generation facilities and manufacturing facilities such as chemical plants, etc., or
anywhere abrasive blasting is necessary to prepare surfaces, or hazardous materials encapsulation is required.
E.Heavy Construction includes construction, repair, alteration or additions to the production, fabrication or
manufacturing portions of industrial or manufacturing plants, hydroelectric or nuclear power plants and atomic
reactor construction.Workers on hazmat projects receive additional hourly premiums as follows -Level A: $1.00,
Level B: $0.75, LevelC: $0.50, And Level D: $0.25.
F.Industrial Painter wages are required for painting within industrial facilities such as treatment plants, pipelines,
towers, dams, power generation facilities and manufacturing facilities such as chemical plants, etc., or anywhere
abrasive blasting is necessary to prepare surfaces, or hazardous materials encapsulation is required.
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