HomeMy WebLinkAboutPW09-348 - Original - KC Dept of Construction & Facilities Management - Special Use Permit - 03/14/2002 KING COUNTY
Department of Construction and Facilities Management --
Property Services Division
500 King County Administration Building
500 Fourth Avenue
Seattle, WA 98104 (206) 296-7456 FAX 296-0196
SPECIAL USE PERMIT
Use of County Owned Property
PERMIT NUMBER: 5-26-02 FILE NO. DATE: 03/14/2002
PERMITTEE.
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CITY OF KENT - MARK MADFAI, PROJECT ENGINEER
220 FOURTH AVENUE SOUTH
KENT, WA 98032-5895
DAY PHONE:253 856-5521 OTHER/FAX PHONE: 253 856-6500F
PURPOSE
TO INSTALL, OPERATE AND MAINTAIN SIGNAL IMPROVEMENTS AND RECONSTRUCT THE
EXISTING DRIVEWAY.
(SEE LOCATION AND CONSTRUCTION PLANS DATED 3/14/02) .
(SEE AMENDED LOCATION AND CONSTRUCTION PLANS DATED 6/7/04) .
LEGAL DESCRIPTION 1/4 Sec Twp Rge Account No. Kroll Page
NW 24 22 04 621W
KENT REGIONAL JUSTICE CENTER
ALONG THE NORTHERN BOUNDARY OF THE PROPERTY LYING JUST SOUTH OF THE JUSTICE
CENTER BUILDING
(SEE LOCATION PLANS DATED 3/14/02) .
f (SEE AMENDED LOCATION PLANS DATED 6/7/04) . j
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EXPIRATION: This permit shall not be valid for more than 5 YEARS
and expires on the 24TH day of JUNE 2009.
PERMIT FEE• $ 0 .00 INSPECTION FEE: $ 0 00 j
ADMINISTRATIVE FEE• $ 0 .00 PLAN REVIEW FEE: $ 0.00
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LAND USE FEE $ 0.00 OTHER FEE $ 0 .00
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BOND AMOUNT: $ 0.00 INSURANCE AMOUNT: $ 1, 000, 000.00
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Permittee MUST notify GARY KNELL AT: 205-8804
AT LEAST 72 HOURS PRIOR TO BEGINNING WORK AND IMMEDIATELY UPON COMPLETION.
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By this permit King County authorizes the use of the above described
property:
Custodial Approval _ _ Date
Property Services Approval Date
The Permittee agrees to comply with the ;.erms and conditions contained
herein I a
SEE REVERSE SIDE FOR TERMS AND CON I NS. rf ` �`�J
Signature of Permittee= Date 6 ` t�tr T
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NOTE. Permit not valid without all necessary signatures and expiration date.
Ordinance 4099, King County Code 14.46
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�MS AND CONDITIONS
1. PERMIT REVOCATION This Permit is revocable at any time by King County The right to revoke is expressly reserved to KZ'g Count"
2 INDEMNITY AND HOLD HARMLESS The Permittee agrees to indemnify and hold harmless King County as provided herein to the
maximum extent possible under law Accordingly, the Permittee agrees for itself, its successors and assigns to defend, indertvfy, and hold
harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suds, and judgments
including costs of defense thereof for injury to persons, death,or property damage which is caused by,arises out of,or is incidental to Permittee's
exercise of rights and privileges granted by this Permit The Permittee's obligation under this section shall include a) Indemnification for such
claims whether or not they arise from the sole negligence of either the County or the Permittee, the concurrent negligence of both parties, or the
negligence of one or more third parties b)The duty to promptly accept tender of defense and provide defense to the County at the Permittee's
own expense c) Indemnification of claims made by the Permittee's own employees or agents d)Waiver of the Permittee's immunity under the
industrial insurance provisions of Title 51 RCW,which waiver has been mutually negotiated by the parties
In the event it is necessary for the County to incur attorney's fees,legal expenses,or other costs to enforce the provisions of this section,
all such fees,expenses, and costs shall be recoverable from the Permittee
In the event it is determined that RCW 4 24 115 applies to this agreement,the Permittee agrees to defend,hold harmless,and indemnfy
King County to the maximum extent permitted thereunder, and specifically for its negligence concurrent with that of King County to the full extent
of Permittee's negligence Permittee agrees to defend, indemnify, and hold harmless the County for claims by Permittee's employees and agrees
to waiver of its immunity under Title 51 RCW,which waiver has been mutually negotiated by the parties
3 ANTI-DISCRIMINATION In all hiring or employment made possible or resulting from this Permit,there shall be no discrimination against
any employee or applicant for employment because of race, color,ancestry, religion, national origin,age,sex,sexual orientation, marital status,or
the presence of any sensory, mental or physical handicap in an otherwise qualified handicapped person unless based upon a bona fide
occupational qualification, and this requirement shall apply to but not be limited to the following employment, advertising, lay-off or termination,
rates of pay or other forms of compensation, and selection for training including apprenticeship No person shall be denied, or subjected to
discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Permit on the grounds of race, color,
ancestry, religion, national origin, age (except minimum age and retirement provisions), sex,sexual orientation, mantal status, parental status,the
presence of any sensory, mental or physical handicap,or the use of a trained guide-dog by a blind or deaf person Any violation of this provision
shall be considered a violation of a material provision of this Permit and shall be grounds for cancellation,termination or suspension in whole or in
part of the Permit by the County,and may result in ineligibility for further County permits
4 NON-EXCLUSIVE RIGHT This Permit shall not be deemed or construed to be an exclusive right It does not prohibit the County from
granting any other permits to other public or private entities, nor shall it prevent the County from using any public place for any and all public use
or affect its jurisdiction over any part of them
5 ASSESSMENTS Permittee shall be required to pay any general or special assessments incurred by King County which are directly
attributable to or arising from any actions,occupancy,or usage authorized herein
6 TERMINATION The Permittee may terminate the Permit by written notice to the Manager of Real Estate Services Section Upon
revocation, termination, or abandonment, the Permittee shall remove at his expense all facilities placed on said property by the Permittee, and
restore the premises to a condition which is equivalent in all respects to the condition existing prior to installation of the facilities,or to a condition
which is satisfactory to the County If the Permittee has not accomplished removal and restoration at the end of a ninety-day period following the
effective date of revocation, termination, expiration, or abandonment, the County may accomplish all of the necessary work and charge all of the
costs to the Permittee
7 RESTORATION After completion of work authorized by this Permit, the Permittee shall restore the property to a condition which is
equivalent in all respects to the condition of the property prior to starting work, or a condition satisfactory to King County If the Permittee delays
the restoration beyond expiration of the Permit,the County may accomplish all the necessary work and charge all the costs to the Permittee
8 REPAIRING DAMAGE BY PERMITTEE In the event that damage of any kind is caused by the Permittee in the course of performing
work authorized by this Permit, Permittee will repair said damage at its sole cost and expense Repair work shall begin without delay and continue
without interruption until completed If damage is extensive, the time allowed for repair will be prescribed by the County agent If the County
determines it is necessary,the County may accomplish the work and charge all the costs to the Permittee
9 ABATEMENT OF UNSAFE CONDITIONS The County representative may at any time, do, order, or have done all work considered
necessary to restore to a safe condition any area described in Permit left by the Permittee in a condition dangerous to life or property The
Permittee shall pay, upon demand,to the County all costs of such work, materials, etc Nothing in this section shall relieve the Permittee of duties
under Terms and Conditions No 2 above
10 RIGHTS RESERVED TO COUNTY-CONFORMANCE AND PAYMENT OF COST REQUIRED The County reserves the right to use,
occupy, and enjoy its property for such purposes as it shall desire including, but not limited to, constructing or installing structures aro facilities on
the property, or developing, improving, repairing or altering the property The Permittee, upon written notice, will at his own cost and expense
remove, repair, relocate, change or reconstruct such installations to conform with the plans of work contemplated or ordered by the County
according to a time schedule contained in the written notice
11 NOTICE Permittee agrees to obtain information from other utility operators regarding the location and current status of their installations
before starting work Property owners adjoining, or in proximity to, the project as described herein shall be notified by Permittee when such
property is exposed to the possibility of injury or damage through performance of eaork on the project authorized by this Permit Permittee shall
make all advance arrangements necessaiv to protect such property or utility from injury or damage
'^- __„ p �Kl s JAWS issuance of :his Fe n it does not m any way ral<we the Permittee from complying with any other
applicable laws in performing the work subject to this Permit
13 RE-ENTRY After completion of work authorized by this Permit, if the Permittee desires to re-enter upon the property described herein
`or any reconstruction, notice shall be provided in advance to King County together with the plans end specifications for the work proposed, and
shall not be permitted without the County's consent.
14 TITLE This Permit grants only the right to use King County's interest in the herein described property,and the granting of this Permit is
not a warranty that good title to any specific property is vested in '<ing Courty
15 SPECIAL TERMS AND CONDITIONS (SEE ATTACHED SHEET(S)
terms&con rrm 05194
CITY OF KENT
SPECIAL USE PERMIT
S-26-02
15. SPECIAL TERMS AND CONDITIONS:
a. The permittee shall provide new wheelchair ramps to allow crossings at the
driveway and across 4"h Avenue from the northeast corner of the Court Building
b. The permittee shall be solely responsible for immediate restoration, repair and/or
replacement of any surface or subsurface utilities, County facility improvements
both surface and subsurface, and existing landscaping improvements damaged or
destroyed as a result of the work authorized under the terms and conditions of this
permit. If damage is caused as, a result of this work the work shall be performed
to the satisfaction of Gary Knell, Building Superintendent
c. The permittee shall be solely responsible for the removal and disposal off site of
all debris and material immediately upon the completion of the work.
d. The permittee shall be solely responsible for obtaining all the necessary permits
from the City of Kent and/or other agencies prior to beginning the work
e. The permittee shall coordinate all work and other activities with Gary Knell,
Building Superintendent, Department of Construction and Facilities Management.
He can be reached at 206-205-8804 or his cell number is 206-423-5287.
f The permittee shall provide traffic controls and devices consistent with the Manual
on Uniform Traffic Control Standards and Devices (MUTCS) or applicable
requirement required by the City of Kent.
g. Due to security concerns on non-government licensed vehicles (contractor) shall
not be allowed to stage or park in the stalls north of the Court Building at any
time. The restricted parking areas have been posted.
h. Prior to beginning construction or any activity which impacts our ability to use our
private drive access to 41h Avenue North a minimum of 48 hours notice shall be
given to Gary Knell, Building Superintendent.
i. An on site pre construction meeting shall be scheduled prior to beginning any
work on King County Property. This meeting shall be scheduled by the City of
Kent by giving a minimum of 48 hours notice to Gary Knell, Building
Superintendent.
J Contractor and the City of Kent shall be solely responsible for any and all security
of the construction area The Contractor and the City of Kent shall take any and
all precautions to clearly post and mark the construction area and warn the public
of any and all hazards and otherwise take all necessary steps to safeguard and
protect life and property within and adjacent to the construction area King
County will not be responsible for any activity in the construction area
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CITY OF KENT
SPECIAL USE PERMIT
5-26-02
15. SPECIAL TERMS AND CONDITIONS CONTINUED:
k. The City of Kent shall relinquish to King County three(3)parking stalls in the
Regional Justice Center parking garage out of six (6) stalls dedicated to the City.
These stalls shall be in return for lost parking due to the construction of this
prof ect
1. As part of this construction project ten(10) nose-in parking stalls will be
eliminated on the north side of the Regional Justice Center building These stalls
will be replaced by four(4) special use parallel stalls at the same location, three
(3) general use parallel stalls in the driveway north of the Regional Justice Center
and west of the Kent Commons building, and three (3) general use stalls in the
parking garage relinquished by the City as outlined in item 15 kherem.
in. As part of this construction project, one (1) Regional Justice Center light standard
will be eliminated along with the parking island in which the light standard was
located. The light standard will be removed carefully and without damage and
salvaged to King County. Arrangements for salvaging the light standard shall be
made with Gary Knell, Building Superintendent. All electrical connections shall
be cut off and abandoned per all applicable codes and standards
n. Revisions shall be made to the sidewalk and landscaping on the N.E. corner of the
Regional Justice Center building These shall include removing a portion of the
landscaping to widen the driveway, removing a portion of the sidewalk area in
front of the landscaping, and relocating a light standard, and the entrance sign.
The irrigation system in the landscaped area shall be cut and capped and include
any modifications to insure proper coverage of the remaining landscaping. The
light standard at the corner will require relocation to the south 6-8 feet to
accommodate the widening. The concrete base for the sign will also be relocated.
The exact locations will be coordinated with Gary Knell, Building Superintendent.
o. The existing driveway drainage is conveyed via a trench drain at the low point in
the center of the driveway, which drains to the west This project will slightly re-
grade the driveway near 41h Avenue to reduce the pronounced "hump". No
additional roadway drainage from 4`h Avenue will be introduced to the driveway.
The trench drain will be eliminated for approximately 100 feet to the west to
eliminate potential damage caused by eastbound vehicles The drainage will be
conveyed by surface drainage in the center of the driveway. The removed trench
dram will be salvaged to King County. This will be coordinated with Gary Knell,
Building Superintendent.
p. Ten (10) wheel stops for the existing nose-in parking stalls will be removed.
These will be salvaged to King County. This will be coordinated with Gary Knell,
Building Superintendent.
CITY OF KENT
SPECIAL USE PERMIT
5-26-02
15. SPECIAL TERMS AND CONDITIONS CONTINUED:
q. As part of this project, a traffic signal system will be installed at the intersection of
the Regional Justice Center driveway and 4t" Avenue South. The driveway will be
modified to provide for an eastbound right-tum/thru lane, an eastbound left turn
lane, and a westbound entrance lane Traffic signal loops need to be installed by
the permrttee in the Regional Justice Center driveway for eastbound traffic. These
loops will be maintained as required by the permrttee.
r. An additional driveway will be installed into the Kent Commons site between the
Regional Justice Center driveway and the Kent Commons parking lot at the
northwest corner of the Commons building. The permittee shall be allowed clear
access in order to construct and use the driveway
s. The King County reserves the right to set additional terms as unforeseen
conditions may warrant
CITY'OF SENT
SPECIAL USE PERMIT
S'26-02
15t. INSURANCE:
By the date of issuance of this permit, the permittee shall procure and maintain, for the duration of this permit,
insurance or coverage against claims for injuries to persons or damages to property which may anse from and in
connection with the rights and privileges granted by this permit and/or the performance of work hereunder by the
permittee, lus agents, representatives, employees and/or subcontractors.
By requiring such minimum insurance coverage, the County shall not be deemed or construed to have assessed
the risks that may be applicable to the Contractor under this contract The Contractor shall assess its own risks
and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage.
Nothing contained within these insurance requirements shall be deemed to limit the scope, application
and/or limits of the coverage afforded, which coverage will apply to each insured to the full extent provided
by the terms and conditions of the policy(s) Nothing contained within this provision shall affect and/or
alter the application of any other provision contained within this Agreement.
For All Coverages: The cost of such insurance shall be paid by the permittee. Each insurance policy shall be
written on an "Occurrence Form "
1. Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as.
General Liability:
Insurance Services Office form number CG 0001 (Ed 11-88) covering COMMERCIAL GENERAL
LIABILITY The permittee shall maintain limits no less than $1,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage.
2. Deductibles and Self-Insured Retentions
The deductible and/or self-insured retention of the policies shall not limit or apply to the permittee's liability to
the County and shall be the sole responsibility of the permittee
3. Other Insurance Provisions
The insurance policies required in this permit are to contain, or be endorsed to contain the following
provisions
a. General Liability Policy:
1. The County, its officers, officials, employees and agents are to be covered as insured as respects
liability ansing out of activities performed by or on behalf of the permittee in connection with this
permit.
2. Insurance coverage shall be primary insurance as respects the County, its officers, officials,
employees and agents Any insurance and/or self-insurance maintained by the County, its officers,
officials, employees or agents should not contribute with the pennittee's insurance or benefit the
permittee in any way