Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
PW17-266 - Original - WA State Department of Transportation (WSDOT) - Hawley Rd. Levee Franchise Agreement - 08/23/2017
Records Mager : I+� I' ` � Document IJJ n6HING FJ N ':N'� �j�� CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Vendor Number: JD Edwards Number Contract Number: Washinqton State Dept of Transportation (WSDOT) This is assigned by City Clerk's Office Project Name: Hawley Road Levee Franchise Agreement with WSDOT Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: Franchise Agreement Contract Effective Date: Termination Date: 50 years upon execution. Contract Renewal Notice (Days): Number of days required notice for ter m -atian or renewal or amendment Contract Manager: Richard Schleicher Department: PW Environmental Contract Amount: Approval Authority: ❑ Department Director ® Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): SR-167 Levee Franchise Agreement with WSDOT. City of Kent proposes to construct a levee on state-right-of-way; levee to be considered-as &ty-of-Kent drainage-facility. - - As of. 08/27/14 Washington State Department of Transportation Franchise City of Kent Levee at SR- 167 Washington State Department of Transportation Franchise pursuant to Chapter 47.44 RCW THIS FRANCHISE (Franchise) is issued thisa940ay of Av �,st , 2017, (Effective Date) by the Washington State Department of Transportation, hefeaftere, to the City of Kent, a Washington municipal corporation, hereinafter City. State and City are collectively called Parties. WHEREAS, as authorized by RCW 35.21.090, the City seeks to establish a levee system in Kent, Washington that requires construction of facilities within SR 167, state-owned limited access highway right of way as detailed in Exhibit A, (Levee); and WHEREAS, the Levee will serve to protect the Kent Valley from flooding from the Green River in accordance with the City's levee certification requirements; and WHEREAS, in consideration of the purpose and function of the Levee, the State has determined that the Levee may be accommodated within SR 167, state-owned limited access highway right of way under a franchise pursuant to chapter 47.44 RCW; and WHEREAS, the State, by separate instrument, will issue a limited access break to the City, authorizing the City to cross SR 167 boundaries at specified points for the construction and maintenance of the Levee; and WHEREAS, the Parties acknowledge and agree that, although the Levee will be constructed, in part, on state-owned limited access highway right of way, the Levee constitutes a separate City-owned facility constructed solely for City purposes, and that the State will receive no benefits from construction of the Levee as authorized under this Franchise, NOW, THEREFORE, pursuant to chapter 47.44 RCW, RCW 35.21.090, the above recitals that are incorporated herein as if set forth below, Exhibits A and B, attached hereto and by this reference made a part of this Franchise, and subject to the terms and conditions set forth below, a nonexclusive Franchise is hereby granted to the City to construct, operate, and maintain the Levee upon and along certain portions of SR 167, a state-owned limited access highway right of way in Kent, Washington, as detailed in Exhibit A, FRANCHISE TERMS AND CONDITIONS 1„ Fees, Casts and Payments: Pursuant to WAC 468-34-020, the State has determined that the Levee constitutes a Category 1 installation. Therefore, the City shall pay the State a Franchise fee of $500, due within thirty (30) calendar days of execution of this Franchise by the Parties. In addition to the Franchise fee, the City shall reimburse the State for all actual direct and related indirect costs incurred by the State under this Franchise. Such costs include, but are not limited to plan review, including review of proposed revisions to Page 1 of 9 Washington State Department of Transportation Franchise City of Kent Levee at SR- 167 plans, specifications, and calculations contained in Exhibit A, construction coordination and inspection, and administrative overhead. The State shall provide detailed invoices to the City for State-performed work as required under this Franchise. The City shall make payment within thirty (30) calendar days from receipt of a State invoice. 2. Plan Review: The City has provided the State with its plans, specifications, and calculations for the proposed Levee, Exhibit A, and the State has reviewed the plans, specifications, and calculations. The Parties agree that State review of the City's Levee plans, specifications, and calculations shall be solely for State purposes and not for the benefit of the City or any third party and shall not be deemed to mean that the Levee design and construction is structurally sound and appropriate or meets applicable federal and state regulations, laws, or local ordinances, codes, or standards (Laws). The City affirms that it has taken all of the actions necessary and required for the construction, operation and maintenance of the Levee, including compliance with all Laws. 3. Plan Implementation and Modifications: The City shall construct the Levee as shown on Exhibit A at the City's sole expense. The State must concur, in writing, with any changes to the plans or specifications contained in Exhibit A prior to implementing the changes to the Levee. 4. Standard Specifications: The City agrees that all material and workmanship shall conform to the Washington State Department of Transportation's Standard Specifications for Road, Bridge, and Municipal Construction, current edition, and amendments thereto,(Standard Specifications) and shall be subject to State inspection. 5. Right of Entry and Access: Subject to the terms of this Franchise, the State hereby grants to the City, its authorized agents, contractors, subcontractors, and employees, a right of entry upon state-owned limited access highway right of way to construct, operate and maintain the Levee. Additionally, the City shall comply with all terms and conditions of the limited access break, Exhibit B, required by the State for construction, operation, and maintenance of the Levee. 6. Independent Contractor: The City shall be deemed an independent contractor for all purposes under this Franchise, and the employees of the City or any of its contractors, subcontractors, consultants, and the employees thereof, shall not in any manner be deemed to be employees or agents of the State. 7. Preconstruction Meeting: The Parties shall hold a preconstruction conference before the City begins Levee work. The State, the City, and the City's contractor (if applicable) shall be present. 8. Construction Notice: The City shall notify the following State representative, in writing, at Feast fourteen f 14)calendar days in advance of commencing construction work within state-owned limited access highway right of way. Additionally, for future maintenance of the Levee, the City shall obtain a General Permit from the State prior to performing any work within State highway right of way. Emergency maintenance work may be performed Page 2 of 9 Washington State Department of Transportation Franchise City of Kent Levee at SR- 167 without first obtaining a General Permit, provided that notification of such work is provided by the City at the earliest possible opportunity. State Representative: Jerry Althauser Area 4 Maintenance Superintendent 26620 680 Ave. South Kent, WA 98032 Phone (253) 372-3900 9. Construction Schedule: The State may, at any time, request a construction schedule or updates, if any, thereto from the City, showing critical dates and activities that will lead to the timely completion of the Levee. In any event, the City shall notify the State's Representative, identified above, of any changes to the construction schedule at least fourteen (14) calendar days in advance of implementing the change. 10. Work Restrictions: Work within the state-owned limited access highway right of way shall be restricted between the hours of 10:00 PM and 5:00 AM, and no work shall be allowed on the right of way on Saturday, Sunday, or holidays as defined by RCW 1.16.050, or the day before a holiday or a holiday weekend, unless authorized in writing by the State. 11. Traffic Control: If determined necessary by the State, the City shall submit a signing and traffic control plan to the State's Representative for approval prior to construction or maintenance operations. No lane closures shall be allowed except as approved in writing by the State's Representative. 12. Non Interference with Highway: No excavation shall be made or obstacle placed within the limits of the state-owned, or under State jurisdiction, limited access highway right of way in such a manner as to interfere with the construction of, operation of, maintenance of and/or travel over the State highway, unless the City obtains the State's prior written authorization. 13. City Representative: Should the City choose to perform the Levee work with other than its own forces, a City representative shall be present on-site at all times for work within state- owned limited access highway right of way unless otherwise agreed in writing by the State, Where the City chooses to perform the work with its own forces, it may elect to appoint one of its own employees engaged in the construction as its representative. Should the City fail to comply with this section, the State, in its sole discretion, may restrict any further City work within state-owned limited access highway right of way until the requirements of this section are met. All contact between the State and the City's contractor shall be through an authorized City representative. 14. Surety Should the City choose to perform the Levee work with other than its own forces, a surety bond in the amount of$ 30,000.00 written by a surety company authorized to do business in the State of Washington, shall be furnished to the State before Page 3 of 9 Washington State Department of Transportation Franchise City of Kent Levee at SR- 167 performing any work to ensure compliance with all of the terms and conditions of this Franchise. The surety bond shall remain in force for at least two (2) years after issuance of the City's notice of completion described in Section 20, below. 15. Work Supervision: The City, at its own expense, shall adequately police and supervise construction of the Levee work by itself, its contractor, subcontractor, or agent, and others, so as not to endanger or injure any person or property. The City's responsibility for the proper performance, safe conduct, and adequate policing and supervision of the work shall not be lessened or otherwise affected by the State's review and concurrence with the City's plans, specifications, or work, or by the State's Representative's presence at the work site to assist in determining that the work and materials meet this Franchise's requirements. 16. Permits: The City shall obtain all necessary Federal, State, and Local Permits including, but not limited to, permits required by the State, the Washington State Department of Ecology, the Washington State Department of Fish and Wildlife, and the U.S. Army Corps of Engineers prior to beginning construction. 17. Archeological Resources: If any archaeological or historical resources are revealed in the work vicinity, the City shall immediately STOP work, notify the State's Representative and retain a US Secretary of the Interior's qualified archaeologist. Said archaeologist shall evaluate the site and make recommendations to the State regarding the continuance of the work. 18. Clean Up: Upon completion of the work, the City shall immediately remove all rubbish and debris and shall leave the state-owned limited access highway right of way neat and presentable to the State's sole satisfaction. City agrees to take corrective action if directed by the State. 19. Failure to Complete Work: Should the City decide not to complete the Levee work after construction has begun, the State shall determine what work must be completed to restore State facilities and right-of-way to a condition and configuration that is safe for public use. The State shall provide the City with written notification of such work. The City agrees that all costs associated with construction termination, including engineering, completing State facility and right-of way restoration, and contractor claims will be the sole responsibility of the City. If the contractor is not available to restore the State facilities and right-of way, the Parties agree that the State may perform or contract to perform, the restoration work at the City's sole expense. The City agrees to reimburse the State within thirty (30) calendar days after receipt of a documented State invoice. This section shall survive construction and Franchise termination. 20. Work Completion: The City shall notify the State, in writing, of its completion of the Levee within fourteen (14) calendar days of such completion. The City shall include in the written notice a proposed date on which to meet with the State for the purpose of conducting a final inspection of the Levee and highway right of way to verify that the construction authorized hereunder complies with the terms of conditions of this Franchise. Page 4 of 9 Washington State Department of Transportation Franchise City of Kent Levee at SR- 167 21. As-Built Plans: Within ninety (90) calendar days after completion of the Levee, the City shall submit as-built plans of the Levee to the State. 22. Levee City Property/Removal: All facilities placed within state-owned limited access highway right of way by the City under this Franchise shall remain the property of the City. The City shall have the sole liability and responsibility for ensuring the adequacy of and maintaining the usefulness of any City facilities authorized hereunder for Levee purposes. The State shall have no responsibility to review or confirm facility or Levee adequacy and/or usefulness, nor shall the State be liable in the event that the facility or Levee is defective, fails in its performance, or is not adequate for its intended purpose. The City's facilities authorized hereunder may be removed at any time by the City; provided that, prior to removal, the City shall notify the State and submit a plan for removal of the Levee. Additionally, in the event that all or any portion of the Levee is no longer used, the City shall submit a plan and schedule removal of the unused portion(s). Upon removal of any portion(s) of the Levee under this section, the City shall restore any affected State property to a condition satisfactory to the State. The Parties agree that after thirty calendar (30) days' written notice to the City, the State may perform or contract to perform, the removal of the unused portions of the Levee or perform or contract to perform the restoration work at the City's sole expense should the City fail to perform this work. The City agrees to reimburse the State within thirty (30) calendar days after receipt of a documented State invoice. This section shall survive construction and Franchise termination. 23. State Ordered Levee Modifications/Removal: If the State, in its sole discretion, shall determine that any or all of the Levee must be modified, removed or relocated from the state-owned limited access highway right of way as being necessary, incidental, or convenient for the construction, repair, improvement, alteration, relocation, or maintenance of the state highway, or for the safety of the traveling public, the City agrees and.shall at its sole cost and expense, upon written notice by the State, modify, relocate or remove any or all of the Levee from the state-owned limited access highway right of way as may be required by the State. After notification by the State, the City shall submit a plan for proposed modification, relocation, or removal within 30 calendar days. After approval by the State of said plan, the City shall perform all Levee modifications, relocations and/or removals as the State directs to avoid highway project delays and in such manner as will cause the least interference with the continued operation and/or maintenance of the highway or disruption of traffic. 24. Failure to M'lod fy/Remove Levee: Should the City fail or refuse to comply with the State's direction to modify, remove, or relocate any City Levee facilities in accordance with Section 23, the Parties agree that after thirty calendar (30) days' written notice to the City, the State may perform or contract to perform the required work at the City's sole expense. The City agrees to reimburse the State within thirty (30) calendar days after receipt of a documented State invoice. This section shall survive construction and Franchise termination. Page 5 of 9 Washington State Department of Transportation Franchise City of Kent Levee at SR- 167 25. Maintenance of Levee: The City, at its sole cost and expense, shall be solely responsible for maintaining the Levee according to all applicable local, state, or federal requirements related to Levee maintenance, including, but not limited to vegetation management. If necessary to properly maintain the Levee, the City shall also maintain state-owned limited access highway right of way(not to include constructed highway facilities) at its sole cost and expense. The City agrees that the State shall perform no maintenance work on the Levee or related to the Levee and that the State shall have no cost or expense liability for Levee maintenance or for maintaining state-owned limited access highway right of way if such is required to maintain the Levee. 26. Insurance: The City must provide proof of the following insurance coverage prior to performing any work within state-owned limited access highway right of way and maintain said insurance coverage for the entire term of this Franchise, or any extension thereof: a) Commercial General Liability covering the risks of bodily injury (including death), property damage and personal injury, including coverage for contractual liability, with a limit of not less than 5 million per occurrence/$5 million general aggregate; b) Business Automobile Liability(owned, hired, or non-owned) covering the risks of bodily injury (including death) and property damage, including coverage for contractual liability, with a limit of not less than $2 million per accident; c) Employers Liability insurance covering the risks of City's employees' bodily injury by accident or disease with limits of not less than $1 million per accident for bodily injury by accident and $1 million per employee for bodily injury by disease; Such insurance policies or related certificates of insurance shall name the Washington State Department of Transportation as an additional insured on all general liability, automobile liability, employers' liability, and excess policies. A forty-five (45) Calendar Day written notice shall be given to the State prior to termination of or any material change to the policy(ies) as it relates to this Franchise. 27. Indemnification: To the extent authorized by law, the City, its successors and assigns, agree to indemnify, defend, and hold harmless the State of Washington and its officers and employees, from all claims, demands, damages (both to persons and/or property), expenses, regulatory fines, and/or suits that: (1) arise out of or are incident to any acts or omissions by the City, its agents, contractors; and/or employees, in the use of the state- owned limited access highway right of way as authorized by the terms of this Franchise, or (2) are caused by the breach of any of the conditions of this Franchise by the City, its contractors, agents, and/or employees. The City, its successors and assigns, shall not be required to indemnify, defend, or hold harmless the State of Washington and its officers and employees, if the claim, suit, or action for damages (both to persons and/or property) is caused by the sole acts or omissions of the State of Washington, its officers and employees ; provided that, if such claims, suits, or actions result from the concurrent negligence of(a) the State of Washington, its officers and employees and (b) the City, its agents, contractors, and/or employees, or involves those actions covered by RCW Page 6 of 9 Washington State Department of Transportation Franchise City of Kent Levee at SR- 167 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the concurrent acts or omissions of the State of Washington, its officers and employees and the City, its agents, contractors, and/or employees. The City agrees that its obligations under this section extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents while performing construction and/or maintenance under this Franchise while located on state- owned limited access highway right of way. For this purpose, the City, by mutual negotiation, hereby waives with respect to the State only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions chapter 51.12 RCW. This indemnification and/or waiver shall survive the termination of this Franchise. 28. Emergency Work: The Parties agree that should the State determine in good faith that emergency work to the Levee is immediately needed to protect (a) any aspect of the State highway, or (b) to secure the safety of the traveling public, as a result of the existence of or a failure of the Levee, such work may be performed by the State without prior approval of the City and at the City's sole cost. The City will be notified of the emergency work and the necessity for it at the State's earliest opportunity. The State shall provide to the City a detailed invoice for such emergency work, and the City agrees to make payment within thirty(30) calendar days of the date of the invoice. If the billing is disputed by the City, the City shall pay the State any undisputed amount and notify the State of the disputed amount, requesting supporting documentation reasonably necessary to verify the accuracy of the invoice. The City shall thereafter pay the State any remaining portions of the invoice within 30 calendar days of receipt of documentation adequate to justify the disputed expenditures. This section shall survive construction and Franchise termination. 29. Breach of Franchise Terms: The Parties agree that should the City breach any of the terms and conditions of this Franchise, or fail to proceed with due diligence and in good faith in the construction, operation and maintenance of the Levee as provided for herein, the State may terminate this Franchise. The State, in its sole discretion, may require the City to remove all or part of the Levee constructed at the City's sole expense. If the City fails to remove its Levee, the State may perform or contract to perform the Levee removal without prior approval of the City, and at the City's sole expense. The State shall provide to the City a detailed invoice for such work, and the City agrees to make payment within thirty (30) calendar days of the date of the invoice. This section shall survive construction and Franchise termination. 30. Notice Prior to Incorvoration into a Diking District: The City agrees not to incorporate any portions of its Levee located on or within state-owned limited access highway right of way as part of a diking district without the express written consent of the State. For this purpose, the City shall provide the State with at least 120 calendar days written notice prior to entering into any proceedings to incorporate the Levee as part of a diking district Page 7 of 9 Washington State Department of Transportation Franchise City of Kent Levee at SR- 167 under Title 85 RCW and 86 RCW. Failure to notify the State as specified herein shall constitute a Breach of Franchise Terms under Section 29, above. Upon receipt of such written notice, the State will review the matter and may require amendments to this Franchise or the termination of this Franchise, requiring the removal of the Levee from state-owned limited access highway right of way, at the sole discretion of the State. 31. Construction Start: Construction of the Levee must begin within two years and must be completed within three years from date of execution of this Franchise. 32. Term: Subject to the terms and conditions herein, the term of this Franchise shall commence as of the date this Franchise is fully executed by the Parties and shall continue for a period of fifty (50) years thereafter, subject to renewal as the Parties may hereafter agree. 33. No Assiqnment: The City shall not assign or transfer this Franchise or the ownership of the Levee in any manner whatsoever, unless the State consents thereto in writing and the assignee accepts all terms of this Franchise. 34. Non-Exclusive: This Franchise shall not be deemed or held to be an exclusive one and shall not prohibit the State from granting permits or franchise rights; or entering into other Franchises of like or other nature with other public or private companies or individuals for the use of the state-owned limited access highway right of way, nor shall it prevent the State from using any of its property, rights of ways, highways, streets, or public places, or affect its right to full supervision and control over all or any part of them, none of which is hereby surrendered. Approved as to Form by City Attorney: Date: g Z Z Approved as to Form by AGO: Date: Page 8 of 9 Washington State Department of Transportation Franchise City of Kent Levee at SR- 167 Fy: Suzette Cooke Its: Mayor Date: Y ^> 3 /, Washington State Department of Transportation Print Name:. ` kN� ,l �,4, vJ Its: Date: t2 1� Page 9 of 9 �dr Ww 31 r r r ci ago �1{ a a sl v W 3' > a ;y N u gg N 7 V 9 I I � I 6 @fit I . I V I I � n I o V I S f 0 & I l o I " ' fir of I rr I , 8 L n L <_ I � r 0 ..... . I r rxg s r 3 Ld312 K I N X � Sir if TV- f I Y m r a l r >r Z5 A M� n qp W q�i all, "jig � A W NOoil s o Ci'. .. N �{ ♦ n n n m i 1 1 0 " 1 p y8 P ' i :i 12 �' l✓ ' v°�i i 1 �" w � i agg k 1 �d tt \ � ® • = K § 2 $ \) }! k ƒ ( ƒ ) /$ {) \ { / \ ) ) ) I LL � \ P \ � § _ ! ! � c ` to $ k \ ƒ! ) \� ! 2 � ca . ƒ 2 2 2 2 Ik / \ . \ \ x w ! | , k % ! ) � , ` — — § ) ) \ . � \ \ -a \ � � k } \ } \ / \ 0 77 i LL } \ ! � f 5 ' ;-! ƒ* � & % °\ % � e} . ) ! 2 & / S 2 _ ® a § _ ° ) ( \ AdMk WashkWon State Application for Utility Permit or Franchise DepartmeM of TIranspoiriallioni Permll/Franchlse No. F7... Appkant-.Please print or type all information City of Kent Public Works Application is Hereby Made For: [3 Permit Category 1 $500.00 N Franchise 0 Amendment [3 Category 2 $300.00 ❑Franchise Renewal $250.00 [3 Franchise Consolidation $300.00 [3 Category 3 $150.00 .................................................—................... .......... Intended Use of State Right of Way Is to Construct. Operate.and Maintain a: L"m for certification by Federal Emergency Management Agency .................. ........... ......... ............... on a portion of State Route 167 (at/from)Milepost 19.436 to mile Post 19.08 in King County, ............. ................ to begin In the SW Section 24 Township 22 North:Range 4E West/East W.M. and end in the SW Section 25 Township 22 North: Range 4E West/EastW.M. .................. .......................... .............. Fees in the amount of $ 500 are paid to cover the basic administrative expenses incident to the processing of this application according to WAC 468-34 and RCW 47.44 and amendments thereto.The applicant promises to pay any additional costs incurred by the Washington State Department of Transportation(Department)on the behalf of the applicant. Checks or Money Orders are to be made payable to;Vashington Stat ewrtment of Transportation." City of Kent Public Works &Wpplicant"I'Asrormid to asUblity-)——- - --------- Applicant�Authonzsd Sog�natu ���---- ns 400 W. Gowe Street Richard Schleicher .............. Print or Type Name Kent — ------- WA n 98032. city State Code....... Civil/Environmental Engineer 11 Zip (253) 856-5500 rlMta DaW this 23rd day or November 2016 Telgrhono rschleicher@kentwa.gov 91-6001254 ............ Email ............ ........... Federal Tax ID or Social Security Appi0ani-Refetence IWO)Number Authorization to Occupy Only If Approved Below The Department hereby grants this Permit or Franchise,as applicable,subject to the terms and conditions stated in the General Provisions.Special Provisions,and Exhibits aftached hereto and by this reference made a pan hereof. For Department Use Only Exhibits Attached Department Approval Depant ienr Ac4omfing Refe uce Nuniber DOT Form 224-696 EF Page 1 Revised 1212014 General Provisions This Permit or Franchise is Issued pursuant to the terms of RCW 47.32,RCW 47.44,and WAC 468-34, and amendments thereto. Renewal of a Franchise must be by application prior to expiration of this Franchise as required by RCW 47.44.020(3). 1. A copy of this Permit or Franchise must be on the job site,protected from the elements, at all times during any construction authorized by this Permit or Franchise. 2. The Utility agrees to pay the reasonable costs for investigating, handling, and granting the Permit or Franchise, including, but not limited to basic overhead charges and for providing an inspector during construction and/or maintenance of the Utility's facilities. Further,the Utility agrees that ti shall be responsible for and pay the Departments expended direct and indirect costs associated with applicable provisions of the Permit or Franchise. (a) The Department will assign a reimbursable account to the Utility as a means of invoicing the Utility for the costs associated with this Permit or Franchise. (b) The Department will invoice the Utility and the Utility agrees to pay the Department within thirty(30)calendar days of receipt of an invoice. 3. Upon approval of this Permit or Franchise,the Utility shall diligently proceed with the Work and comply with all General and Special provisions herein.Construction of facilities proposed under this Permit or Franchise shall begin within one(1)year and must be completed within three(3)years from date of Department approval."Work"under this Permit or Franchise shall mean construction,operation, and maintenance of the Utility's facilities as authorized herein. 4. The Utility shall notify the Department representative In special provision 1 of the name,address,and telephone number of its contractor when Work outlined herein is going to be performed with other than its own forces.When the Utility asses a contractor, an authorized representative of the Utility shall be present or available at all times unless otherwise agreed to by the Department representative,A list of authorized representatives shall be submitted prior to the construction start date.(Authorized' representatives are defined as persons having signatory authority for the Utility and or the authority to control the Work as needed for any Issues Identified by the Department.) 5. The Utility agrees to schedule and perform Its Work.In such a manner as not to delay the Department's contractor's work when the Department has a contractor performing:work In the vicinity of the Utility's Work. 6. AIII contact between the Department and the Utility's contractor shall be through the Utility representative.Where the Utility chooses to perform the Work with Its own forces,it may elect to appoint one of Its own employees engaged In the Work as Its representative.The Utility,at Its own expense,shall adequately police and supervise all Work performed by Itself..Its contractor, subcontractor,agent, and/or others, so as not to endanger or injure any person or property. 7. The Utility shall contact time identified Department representative two(2)weeks prior to conducting Work,to determine the location of survey control monuments within the area to which the Utility will be working. In the event any monument or right of way marker will be altered,damaged, or destroyed by the Ulllity,the Department„prior to U1111ty Work.,will reference or reset the monument or right of way marker. During the Work, upon discovery of a monument or right of way marker,the Utility shall cease Work in that area and Immediately notify the Department of the discovery.The Department will coordinate with the Utility to ensure that the monument or right of way marker Is recorded or replaced.The Utility agrees to pay all Department costs to perform monument or right of way marker work,as provided In this provision,in accordance with general provision 2. 8. In the event any milepost,fence, or guardrail is located within the limits of the Utility's Work and will be disturbed during Utility Work,the Utility agrees to carefully remove these highway facilities prior to Utility Work and reset or replace these highway facilities after the Utility Work,to the Departments sole satisfaction,..and at the sole cost of the Utility.The Utility agrees that all highway signs and traffic control devices shall not be removed or disturbed during Utility Work, 9. The Utility agrees that all Work shall be done to the satisfaction of the Department.All material and workmanship shall conform to the Department's Standard Spectfications for Road,Bridge, and Murricipai Construction,current edition,and amendments thereto,and shall be subject to Department inspection.All Department acceptance and inspections are solely for the benefit of the Department and not for the benefit of the Utility,the Utility's contractor(if any),or any third party. The Utility agrees that it shall pay all Department inspection costs In accordance with general provision 2. DOT Form 224-696 EF Revised 1212014 Page 2 10. The Utility shall comply with the Manual on Uniform Traffic Control Devices for Streets and Highways(Federal Highway Administration)and the State of Washington modifications thereto(chapter 468-95 WAC)while it performs the Work.If the Department requires,the Utility shall submit a signing and traffic control plan to the Department's representative for approval prior to construction or maintenance Work.No lane closures shall be allowed except as approved by the Department's representafive. Approvals may cause revision of Special Provisions of this Permit or Franchise, including hours of operation. 11. This Permit or Franchise may not be amended or modified without the Department's prior review and approval. Upon completion of the Work,the Utility shall provide a written notice of completion of the Work to the Department's representative within ten(10) calendar days of the completion of the Work so that the Department may make its final Inspection. Further,the Utility shall provide the Region Utilities Engineer with detailed as-built drawings within ninety(90)calendar days of Work completion, if the originally approved Permit or Franchise construction plans have been revised during the course of construction. 12. If the Department,at its sole discretion,shall determine that any or all of the Utility's facilities must be modified, removed from,or relocated within the state-owned highway right of way as necessary, incidental,or convenient for the construction,alteration, improvement, repair,relocation, or maintenance of the state highway,or for the safety of the traveling public,the Utility,its successors and assigns,shall,at its sole cost and expense, upon written notice by the Department,modify, relocate,or remove any or all of Its facilities within or from the state-owned highway right of way as required by the Department.The Utility shall perform in a fimely manner all facility modifications,relocations, and/or removals as the Department directs,to avoid highway project impacts or delays and In such manner as will cause the least disruption of traffic or interference with the Department's confined operation and/or maintenance of the highway. 13. Should the Utility fail or refuse to comply with the Department's direction, pursuant to general provision 12.to modify,remove,or relocate any Utility facility, the Department may undertake and perform any modification, removal,or relocation of the Utility facility that the Department,in Its sole discrefon,deems necessary. The Utility agrees to pay the Department's expended costs and expenses for performing the work. In accordance with general provision 2. 14. If the Department determines In good faith that emergency maintenance work on the Utility's facility is needed to(a)protect any aspect of the state highway right of way, or(b)secure the safety of the traveling public due to a failure of the Utility's facility,.the Department may perform the necessary work without the Utility's prior approval,and the Utitllty agrees to pay the Department's expended costs and expenses for performing the work In accordance with general provision 2.The Department will notify the Utility of the emergency work performed as soon as practicable. 15.. The Department may amend,revoke,or cancel this Permit or Franchise at any time by giving written notice to the Utility.If the Permit or Franchise is amended,the Utility will have thirty(30)calendar days to modify the facility as the Permit or Franchise amendment(s) require. If the facility modifications cannot be made within thirty(30)calendar days,the Utility shall respond to the Department,in writing,as to when the facility modifications can be made. It the Permit or Franchise is revoked or canceled,the Utility shall immediately remove all facilities from the right of way.Any facilities remaining upon the right of way thirty(30)calendar days after written notice of Permit or Franchise revocation or cancellation may be removed by the Department at the expense of the Utility.The Utility agrees to pay the Department's expended costs and expenses for performing the work In accordance with general provision 2. 16. Should the Utility breach any of the conditions and requirements of this Permit or Franchise,or should the Utility fail to proceed. with due diligence and in good faith with the Work as authorized by this Permit or Franchise,the Department may cancel or revoke the Permit or Franchise upon thirty(30)calendar days written notice to the Utility. 17. The Utility shall not excavate or place any obstacle within the state-owned highway eight of way in such a manner as to interfere with the Department's construction,operation,and maintenance of the state-owned highway right of way or the public's travel thereon without first receiving the Department's written authorization. 18. The Utility agrees to maintain,at its sole expense, its facilities authorized by this Permit or Franchise in a condition satisfactory to the Department. 19, The Utility agrees that It is financially responsible to the Department for all necessary expenses Incurred in inspecting the construction and restoring the highway pavement or related transportation equipment or facilities to a permanent condition suitable for travel as determined by the Department,as well as financially responsible to the Department for trenching work not completed and for compensating the Department for the loss of useful pavement life caused by trenching as required by RCW 47.44.020. DOT Form 224-696 EF Revised 12/2014 Page 3 20. Upon completion of all Work,the Utility shall immediately remove all rubbish and debris from the state-owned highway right of way,leaving the state-owned highway right of way in a neat,presentable, and safe condition to the Department's satisfaction. Any Work-related rubbish and debris clean up,or any necessary slope treatment to restore and/or protect the state-owned right of way,not done within one(1)week of Work completion, unless otherwise negotiated,will be done by the Department at the expense of the Utility.The Utility agrees to pay the Department's expended costs and expenses for performing the work in accordance with general provision 2. 21. For the benefit and safety of the traveling public,the Utility voluntarily agrees to permit the Department to attach and maintain upon any Utility facility under this Permit or Franchise any required traffic control devices, such as traffic signals,luminaires,and overhead suspended signs,when the use of such devices or attachments does not Interfere with the use for which the facility was constructed. The Department shall bear the cost of attachment and maintenance of such traffic control devices,including the expended cost of any extra Utility infrastructure construction beyond what is necessary for the Utility's facility;such extra cost to be jointly determined by the Department and the Utility.The Department shall not share in the Utility facilities' cost of installation,operation,or maintenance of any of the facilities Installed under this Permit or Franchise. 22. The Utility shall comply with the Department's Temporary Erosion and Sediment Control Manual(M 3103.01)and any revisions thereto,for erosion control and/or to mitigate any erosion occurring as a result of the Work. If the Utility Work performed under this Permit alters,modifies.changes,or interferes in any way with the drainage of the state-awned highway right of way,the Utility shall.at its own expense, make all corrections and/or provisions the Department requires to fix and restore the state-owned right of way drainage to its original condition and function prior to the Utility's Work.Any flows from the Utility shall not exceed the flows discharging to WSDOT drainage prior to the new work.Any flows discharged to state-awned highway right of way shalt meet the requirements for quantity and water quality according to the current version Highway Runoff Manual(M 31-16). Should the Utility not make the required drainage restoration,the Department reserves the right to make such changes as necessary to restore the original drainage function at the sole cost of the Utility,and the Utility agrees to pay the Department's expended costs and expenses for performing the worts in accordance with Stormwater iDischarge General Provision 2. 23. The Utility shall be responsible for securing all necessary permits„including but not limited to,federal„state,and Racal regulatory,tribal, environmental.,archeological,and railroad penmdts and permits from the Washington State Department of Ecology,the Washington State Department of Fish and Wildlife,and/or the U..S.Army Corps of Engineers prior to beginning the Work authorized by this Permit or Franchise.The Utility shall be responsible for mitigation measures where wetlands have been disturbed and agrees that It Is responsible for any fines imposed for noncompliance with the permit(s)conditions or for failure to obtain the required permits.In addition,the Utility,on behalf of itself and its contractors,officers, officials,employees,and agents.,agrees to indemnify, hold harmless, and defend,at its sole cost and expense,the Department and its officers,officials,employees,and agents from any and all fines,costs, claims,judgments,and/or awards of damages(to regulatory agencies,persons,and/or property),arising out of.or In any way resulting from,the Utility's failure to(1)obtain any required permit fur the Utility Work or(2)comply with permit conditions.Further,the Utility shall be responsible for compliance with all federal,state,and local taws,regulations. 24, For any of the Utility's Work that requires permit coverage under the"CONSTRUCTION STORMWATER GENERAL PERMIT— National Pollutant Discharge Elimination System and State Waste Discharge General Permit for Stormwater Discharges Associated with Construction Activity"(Construction Stormwater General Permit),.the Ufifity shell obtain said permit coverage and shall comply with all requirements of the Construction Stormwater General Permit. Upon the Department's request,the Utility shall provide a copy of the Construction Stormwater General Permit. In addition,the Utility,on behalf of itself and Its contractors,officers, officials,employees, and agents, agrees to Indemnify, hold harmless,and defend,at its sole cost and expense,the Department and its officers,officials,employees,and agents from any and all fines,costs,claims,judgments, and/or awards of damages(to regulatory agencies, persons,and/or property),arising out of,or in any way resulting from,the Utility's failure to(1)obtain coverage under the Construction Stormwater General Permit for Utility Work or(2)comply with the Construction Stormwater General Permit requirements. 2& This Permit or Franchise does not authorize the Utility, or its employees,contractors,or agents,any right to cut, spray,retard, remove,destroy, disliggure„or In any way modify the physical condition of any vegetative material located on the state-owned highway right of way. Should the Utility anticipate that its Work will alter the appearance of the state-owned highway right of way vegetation. the Utility shall notify the Department representative listed in special provision 1 to obtain the Department's prior written approval of the Utility's proposed work. If the Department permits the Utility to modify the state-owned highway right of way vegetation,it agrees that any vegetation cutting and/or trimming activities shall be conducted in such a manner that the state-owned highway right of way vegetation appearance will not be damaged. Should the Utility damage the appearance of the state-owned highway right of way vegetation without the Department's prior written approval,the Utility is subject to penalties provided for in RCWs 47.40.070, 47.40.080,and 4.24.630,as applicable. DOT Form 224-696 EF Revised 12/2014 Page 4 26. The Utility hereby certifies that its facilities described in this Permit or Franchise are (1)in compliance with the Control Zone Guidelines, or(2)for a franchise consolidation or renewal, a mitigation plan has been submitted and approved for any existing Location I or Location II utility objects to be corrected in accordance with the Control Zone Guidelines, pursuant to Chapter 9 of the Department's Utilities Manual(M 22-87)and any revisions thereto. 27. The Utility shall not assign or transfer this Permit or Franchise without the Department's prior written approval. The Utility understands that any assignment or transfer requires the assignee or transferee to have the means to assume all obligations,duties, and liabilities of the terms and conditions of this Permit or Franchise, and the Utility will advise the assignee or transferee of its obligation to apply for an updated or replacement Permit or Franchise. If the Department does not approve the assignment or transfer,this Permit or Franchise shall automatically terminate, and the facility occupying state-awned highway right of way shall be subject to the terms of RCW 47.44.060. 28. The Utility,its successors and assigns, shall Indemnify,defend at its sole cost and expense,and hold harmless the State of Washington, Its officers and employees,from all claims,demands, damages(both to persons and/or property),expenses, regulatory fines,and/or suits that(1)arise out of or are incident to any acts or omissions of the Utility, its agents, contractors, and/or employees, In the use of the state-owned highway right of way as authorized by the terms and conditions of this Permit or Franchise,or(2)are caused by the breach of any of the terms or conditions of this Permit or Franchise by the Utility, its successors and assigns,and its contractors,agents,and/or employees.The Utility, Its successors and assigns,shall not be required to indemnify,defend,or hold harmless the State of Washington, its officers and/or employees, if the claim,suit,or action for damages (both to persons and/or property)is caused by the acts or omissions of the State of Washington,its officers and/or employees; provided that,ifsuch claims,suits,or actions result from the concurrent negligence of(a)the State of Washington, its officers and/or employees,and(b)the Utility.Its agents,contractors,and/or employees,or involves those actions covered by RCW 4.24.115,the Indemnity provisions provided herein shall be valid and enforceable only to the extent of the acts or omissions of the Utility,its agents, contractors,and/or employees. 29. The Utlity,agrees that its obligations under this Permit or Franchise extend to any claim,demand,and/or cause of action brought by, or on behalf of,any of its employees or agents while performing Work under this Permit or Franchise while located on state-owned highway right of way.For this purpose,the Utility,by MUTUTAL NEGOTIATION,hereby waives,with respect to the State of Washington only,any Immunity that would otherwise be available to it against such claims under the Industrial insurance provisions In chapter 51_12 RCW. 30.The indemnification and waiver provided for in general provisions 28 and 29 shall survive the termination of this Permit or Franchise. 31. Any action for damages against the State of Washington, as agents,contractors,and/or employees,arising out of damages to a utility or other facility located on state-owned highway right of way,shall be subject to the provisions and limitations of RCW 47.44.150. 32.This Permit or Franchise shall not be deemed or held to be an exclusive one and shall not prohibit the Department from granting rights of like or other nature to other public or private utilities,nor shall it prevent the Department from using any of the stale-owned highway right of way or other properties for transportation purposes,of affect the Department's right to full supervision and control over all or any part of the state-owned highway right of way or properties, none of which is hereby surrendered.Further,the Department reserves the exclusive right to require that all utility facilities be subject to joint trenching and occupancy. DOT Form 224.696 EF Revised 12/2014 Page 5 CERTIFICATE OF LIABILITY INSURANCE .ATE(MMfODmYY) 11/18/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AtEA CDnni E Soott Seattle-Alliant Insurance Services, Inc. -- """-'-"""" ---- ----- 1420 Fifth Avenue, Suite 1500 PNarD°.ii".E4 206-204-914(l -- j F�,Nq.206-204 9205 Seattle WA 98101 _�"IL CScott@a'IVIarH oOM . ........... ... ...........- -----......... ..- ..,.,. INSURERfS1 AFFORDING COVERAGE NAICII ,,, INSURER A:Princeton Excess&Surolus Lines In 16786 INSURED KE583862 INSURERB,Safety National Casualty COrDOratio 15105 CIry of Kent INSURERC 220 Fourth Avenue South -- - --- ---- ---- Kent WA 98032-5895 IysuRERD. INSURER E, .,,......... INSURER F CQYFRAGES CERTIFICATE NUIMBER• 1296231295 REVISION N BER: 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. INSp TYPE OF INSURANCE U871P64.ICY BPF POLIOYEXP -- 'INan wvn POLICYNUMBER yyY LIMITS A X_ CO MMERCIALGENERALLIABILITY Y N1A3RL00D006905 1/N2016 1/1/2017 EACH OCCURRENCE $5,000,000 CAMS MADE XIOCGUR PREMISE;kE,1Ayro — -___—_____. ,. PREMtl$Eyw.SEY 9S44nrrAngg} -. $ MED EXP(My one Person) $ . PERSONAL$ADV INJURY - $ GENL AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ �... POLICY JE� 1:1 LOG PRODUCTS-COMP/OP AGG I $ OTHER. SIR $250,000 tAAU�OMOBILE LIABILITY Y N1A3RL000006905 V1/2016 111/2017 E©a¢sMenl $5000,0004. __1_ ......_. —___ANY AUTO BODILY INJURY(Par parson) $ AUTOS NED AUTOSULEDBODILY INJURY(Par accident) $ ."" NON-0WNEDHIRED AUTOS aiE(Sr+Eh1"r tYA,MA(iY .. ."—_.....,._,.,.,.., AUTOS $ DaducllDle SIR $250,000 UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ ;COMPENSATION RETENDON$ I$ B WORKENSATION SP4052264 1YI12016 1/1/2017 X MR lTFOTHAND ES'LIABILITY YIN _„- „ANY PRIPARTNERIEXECUDVE NfA EL EACH ACCIDENT $1000000' OFFIC R EXCLUD ❑M(Mand ) E.L.DISEASE-EA EMPLOYEE $1,000.000 If yyesderDEBCF OPERATIONSEL DISEASE-POLICY LIMIT $1 D00000A Stop N1A3RL000006905 1/12016 1/1/2017 Each Occurrence $5,0DOUM p,9grogale $5,000,000 '09ductibla $250D00 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 151,AtltllUonel Remedcn Schedule,mry be attached N mae apace Is required) " Work Comp has a $500,000 SIR Re: Levee Franchise Agreement at SR-1G7 Washington State Department of Transportation is included as Additional Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Washington State Dept.of Transportation THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 310 Maple Park Avenue SE ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 47300 Olympia WA 98504-7300 AUTHORIZED HEPRES THE - ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD THE PRINCETON EXCESS AND SURPLUS LINES INSURANCE COMPANY AMENDMENT OF DEFINITION OF INSURED Named Insured Endorsement Number Washington Public Entity Group(WAPEG) Policy Number Endorsement Effective N1-A3-RL-0000069 01/0112016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. The following is added to the definition of Insured in the Liability Conditions, Definitions and Exclusions section of the policy: g. With respect to Bodily Injury and/or Property Damage under the General Liability Coverage Part, any person or organization with whom you have agreed in a written contract or written agreement to assume the Tort Liability for a specified activity or operation is an Insured with regards to such specified activity or operation. However, this insurance only applies with respect to liability for Bodily Injury or Property Damage caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. The following provisions also apply: (1) The written contract or written agreement must be in effect at the inception of the Policy Period or become effective during the Policy Period; and (2)The written contract or written agreement must be executed prior to the Bodily Injury or Property Damage. Subject to the paragraphs above, any such person's or organization's status as an Insured ends when any of the following first occurs: this policy terminates; the written contract or written agreement terminates; or the specified activity or operation terminates. Tort Liability means liability that would be imposed by law in the absence of any contract or agreement. All other terms and conditions remain unchanged, Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. RL 2100 06/07 Page 1 of 1 AOVAL ITEMS AND 4 2422049004 LT. HOLM£S ELECTRIC 2AL CONTROL ITS—OF—WAY v +g 600 WASHINGTON AV£ k'I o �C �• gsPnnLT DARNING L07 s Cyr at NO 'TTJv Flu u Ts( y J ALLOWED y T ROW eN AI PLANTED / / ASH-' tl 4 W( ., roRt "IIYY I+gpy,GT h R G7 ba ld Sa iS/,J .T H1491- sa.dal.'. z. r ii si en 'F � 2 Irn u ,I �dY � "4ll b6k ry}4 FAL TS GnP9 a. ,y SM 2I'R Q 2n 4 5 a+ d* 29 "^,^. .'vr,�., ,..� .,,/� *..� ♦z.rr Re 'tt FRL LRdgTs(Tara A IRa4'G U+40,2R PRO E a R' OPENINGS AS GMA R+3d.17 -., MEd dv # '.99.Fl4'R DI f NG IN M EISTI 0u•,rT.'''..M yy,, + \ C.9'8'R OHMS N1T0 NGS TO MDPONTY.hN' r di T'T ERM. ENM65 LG LOT A A CRQwlI TaT' rh 15, WME ROPmy PARR 4dT AS 'mod 3`50 Mf Lt55AtiY ARAaW 1 0.34 n\ E)USr POND �' 9 2 Nry SIdS:WAIK Y H L L Fiu owns /y��0�//y (��y LG I 0 i..•� 1RSF_ CITY Of KENT alp, r A ti41 �, T LINE N WSadT Row PROPOS®PRASH GAME . _ EfGSRN9 VadAfA it la m wATER SVRFAQ. YE (0144 I G1I 40 _ 40 -00 0400 1 00 2 00 4 +of Kent PLAN AND PROFILE HAWLEY ROAD I Ctrs Department HAWLEY ROAD LEVEE IMPROVEMENT 6 of a ring Division Fox No. TS � PK��ssyD V LLv�F F'r�c /cL L V'w v Sit,TY-"Aro a � t = floe -_57,4r<� Ifopc rn � 47,,6p�4 �!c� 1' �AeV✓) K L6V'825 of Pa%F, 'An C-Otvj< ( LyR7lo�l Lt = 0,0 q *n 0.11 (AVtc 0, �Y) �G�GCut/t74r PM-col, SP A7- 171e5,crl) IIA) " -3 tVa Wier- rpt , [Fr ?,frry r,fc5'� t, ti. Gd,vwC ',r,/M( V",(, r",r,At j r �� � ,✓�� rxr: FS Cyt N, r`, >.. ,�'G `� L���' �" 7?ir✓Li pr/I) �.�f1 S;jt 7 i_ r. . ,.� ,- ,��,7 Y' iuEGYENGINEERLord u�r uw�nxs.�r or �� f�l1i/Fi � av9m � fl fir4R ✓,7" r :r -dR , iP�I� �.. �''w":r°� d � f� d"<�P;✓.. d.r��, r @%i�`. 1,SZ3e5 rcR 2-2 7 ps F 2,z 2 7(! SGOrI HO 4 (�{J9 V,— dp k, 1 y r (ion 1.05 — ^y �Sf(j + (Iop� i225 — Icw lll�� t ��a2gL! chrC; ' . 7 U o,tq} (Gc = aII) CC, DIZ3 10 0,31 GWENGINEER exisr,,N�. se 147 > " Boussinesq Verboal Pressure Distributior "A L."w Mot to e W a Z nw a Tm Soo Op 0� 8 N S 0 Al RNY l -e-boosH6 T s ® m a BXm 5m ®mom® 32 0 Awr�u No „ 3O 12 SIR IS US 14 q ° mo ...._ ae "� 3.4. ar im _ 21 A �e 24 CS) p 0 0 So 100 IN a00 a00 Om0 Se0 —,®. w YS •nm ma _J43 mM 4m nrwxw>4 b!M i e L�iiiii��i..A- f Clwwtweulser leal G L q 0,00 tpOW Y00.00 x00.Om W0.00 mmm00 Now 700.00 35 ,A kw F6 m So us Pi m rOlS I as 321 10 • 15 P u� !1 E1N IIR. N �i a Sig .....N4� ............ IS `N So Am ex 1YIF a . _ u .a x m 0 p 0 00 '8', Aa ewa.. iA ES610 e wm 4 e 0 N (ETO 11F 43 - - Mi4a 11 � 4 W 1 M Malnm tk Y M1 = 100 T Sa 0 0 0 IN 9 maa ab 110 NQ I W ! m Ii6 m243 11.eMe rml 241 L In oo x m s iID aso Lao M.. �. • I m yp 1 Ol 0' 1N I 4 ar. • .� x1 � iw 7 9 aaa a m e us 1 p ro ...� IN m ma 91 PlmpvOtl by Mme 62S 14 vpe i Boussinesq Vertical Pressure DistrIbUtI too . IWmebmm Lmatbne.NabmaN 1 L 6 e �• 1 6 m x ua 1 N M1eun Axm r-u+W.a � 194 a . y �RwWi � + . .wole x T a .L .. 8 is Iwm„m,n ra --MYtiefe IQ -0- 19 1!T le 4m 1 e rV 10 iB yy m , L x.EY.r.v.umq 0 imm fY. 0 90 RO 30 m0 60 !0 aP TS i@5 by 1TS m kA® .1 m.mm muo tao,mm tw,ro wo.ao xsmro 34 nw- w m. 1e 0 141 RQQB m M. fl 41 137 m x04 3m ! XN 9 ]m04 aw im 17fi ' BY e a 101 e mm ILM IBM ee Its m n 76 t 88 i ed A m � mw m Bit I m TT a . m 96 74 N if 0 71 a mI F1Wm OE Tm m aT ■ I 1W 4 m Its --Tq M At ILM 1n E1. .. mm t2J qi E4 59 .!.!.....M 1V IImeN IAfiI T L 9 0 q 1 MaN IA_ 1W 6m m m V V 1m6 Aq 0t..� W p4M1 kH� 94 m m u 1 .m P/pMM mYIWNm2NM1m Pmp9t .. I q 1i 1 III APPENDIX A Calculations and Laboratory Data i 1 i I YEARS 200 i Yti a > f Yr� rad Md f� {µ^ilk Iy � lr/ ;� {od nr h�,� 1 �r rf�e x:V.r � f Syli {I k i rr,t N ' 7�}r— ��I�"'�— T'=tp �����IM�^9r�✓�5*9�� ,y�'y7'�� S{ ��TM���� ""�JI ri ,;yJ,`W° GY%u "drli 'r l 2-°�y'« r ��m R m�+ ,r�,¢� .Ji'y" '1 hf- .,�'!,{jo: n� f�f Fr h,J�iY ,F .x!' al r��'1. {�E�,r✓�+.,kl!',1�.+�' u�Y a r.;Ul r,,,i, 3 FTor- r14t Q 13o I-ep f k 6:Ra c 5l0 F f G: 293 psi Vq = 1973 rt' 1{ •YQ •: 47.9acf Fi = 2,241es-^ Slt,r'y Snnn .w i I� Ct = C,,11 3-36) 32 .5 ' an = H. C.� l lob VF - 10J 6-) I,-fi 0 0M f I So,„ R ' G� ��la� 1973 legI1W) +(joiDNfT4 —loVIC20) t 97- 2ali� "F = G� • D.Bo6G III it Mn rfs V(yl 6a,1 ,{ 4 w errs �nvr.rl l 0.It2 � a z r• �rLYS i I IC WENGINNEERI Iww a�+w,.way i i i Pressure(pst'1000) 0.1 1 10 100 0 I It o x s a r rle . .....r . 0.02 s a f 0,04 TM�3. I 0 I 1 3 j . ' 0.08 1 ' �0.08 r ...' o . . r... 0.1 rx C r t 0.12 .............j...y 1 ....-.. . . _ :__.f 1 1 0.14 SAMPLE SAMPLE SOIL INITIAL INITIAL DRY ii LOCATION DEPTH ITY (FEET) OIA881FFOATION COISTURE ONTENT ((LBSIM B 4 49 Grey Silt(non-plastic)wHh ooc.fine send(ML) 3$.2 82.4 �+ CONSOLIDATION TEST RESULTS INEER FIGURE a OENCIYY J air aanold S H 3 3 N I ON 03 E , annen i9al NOLLY011O2NOO 9Zaid •99�1'1 f 919 179 (HS spssra umom-Aguo ,zE E s W)>O g Uwe"USN3a umlo0 NOLLVOIdIS6Wl0 Hld3a NOIJtlJO1 a,N30 3tWUMIW Hld3a 3ldlivs Af10 nLLIN1 'IVtlJfll •UOS 3ldWyS I I i I so I t I 711, E � 9VO f tl I 1 G II I I I i i ...4. ,}.} { I 1 j II I I I � i g g 90 0 j I t I i g f 0 i 004 04 I Vo (000W9d)aJnss&d I h r° i' �i 0 I � >a T of iC f LO p • 0 g � I V! .� .. ,. ... 'S F o 8 � i S o d � (u111w�9Wlltl�lO o d v T Nm'ir vui.e i i. Agenda Item: CONSENT - 7M TO: City Council DATE: June 6, 2017 SUBJECT: Hawley Road Levee Franchise Agreement with WSDOT - Authorize MOTION: Authorize the Mayor to sign a Utility Franchise Agreement with WSDOT for the Hawley Road Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Hawley Road Levee begins immediately west of SR-167 and terminates at Washington Avenue. The easterly portion of the Levee exists within state-owned, limited-access right-of-way. In order to construct and maintain access to the segment of the Levee located in state-owned right-of-way, the city must execute a franchise agreement with the Washington State Department of Transportation. FEMA officials have indicated that the Levee cannot be accredited by FEMA unless a maintenance agreement is executed between the Washington State Department of Transportation and City of Kent. By executing this franchise agreement the city will obtain access breaks on the west side of SR-167 for any required maintenance of both the Hawley Road Levee, and on the east side of the freeway for the Foster Park Levee. EXHIBITS: WA State Department of Transportation Franchise Agreement and attachments A and B RECOMMENDED BY: Public Works Committee YEA: Ralph, Fincher, Higgins NAY: N/A BUDGET IMPACTS: All costs associated with the agreement will be paid within the existing Operating Budget for the drainage utility. iw � � iIP ..� w� Ni u y i a p �. n d, � m suro �� w �m . i .m � o � �, �, .. � m ' � � iu ii ,... � � ". III& � � �W � �, p prom pa a a ap �ep p .� ' t� gyp' uw n � ,� .. a y ��"� Nahm �� � ar s � a � � � ��i � i m at � mli Itl �,. NpWmi Bld W.B W' wrolr Nm ao � � i ao,� n spa l�� " � N ' aP v .� M uu 0W '« � � � � ro n � w �i ro .. da W � W �n� � a � u� I� � � as au m, mr „ mt a � M�Wj a� m a m a i w — Jro-w- «0 �A•pro W �Cdro o i / r y V i � , m m �y F � r �� � r� B '� . �� y r' .� ��a %« �m I Po o� ro .. �p .6�bl� apm � � i m'� nn i," ally �I `� � or ;,, ,,.Y n n e: s _; mi m ar d� w ak ro w .. w i �. � �... � � 4x ,.� pN I:IW W. M m � m � Imo-: ° . ,m w � P AP � � .. � " a