HomeMy WebLinkAboutCity Council Committees - Kent City Council - 09/22/2020 (2)
KENT CITY COUNCIL
COMMITTEE OF THE WHOLE
Tuesday, September 22, 2020
4:00 PM
THIS IS A REMOTE MEETING
Due to COVID-19 and Health Safety Requirements,
and by Order of the Governor
THIS IS A REMOTE MEETING
A live broadcast is available on Kent TV21,
www.facebook.com/CityofKent, and
www.youtube.com/user/KentTV21
To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 935 3214 6319
Mayor Dana Ralph
Council President Toni Troutner
Councilmember Bill Boyce Councilmember Marli Larimer
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Les Thomas
**************************************************************
Item Description Speaker
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. DEPARTMENT PRESENTATIONS
A. Change Order with Canon Solutions America, Inc. -
Authorize
James Endicott
B. Verizon Wireless – Federal General Services Administration
(GSA) Supply Contract – Ratify and Authorize
Mike Carrington
James Endicott
C. INFO ONLY: Money Transfer Operators Bijan Hughes
D. 2020-2021 South King Housing and Homelessness Partners
Work Plan - Approve
Angela San Fillipo
Merina Hanson
E. 2021 South King Housing and Homeless Partners Budget -
Approve
Angela San Fillipo
Merina Hanson
F. INFO ONLY: HB1590 Relating to Local Sales and Use Tax Merina Hanson
Committee of the Whole Committee of the Whole -
Regular Meeting
September 22, 2020
for Affordable Housing
G. Kherson Park Renovation Consultant Services Agreement
with J.A. Brennan Associates for Design and Construction
Administration - Authorize
Terry Jungman
H. West Hill Reservoir Schedule 74 Construction Agreement -
Authorize
Drew Holcomb
I. West Hill Reservoir/Kronisch Property - Puget Sound
Energy Easement Dedication - Authorize
Drew Holcomb
J. West Hill Reservoir/Kronisch Property - Ordinance to
Dedicate Right-of-Way - Adopt
Drew Holcomb
K. King County Metro Access to Transit Agreement-Authorize April Delchamps
L. Kent/Lake Meridian Water District Service Area Boundary
Adjustment Agreement - Authorize
Sean Bauer
M. INFO ONLY: King County-Cities Climate Collaboration
(K4C) Update
Kaelene Nobis
N. INFO ONLY: Supportive and Transitional Housing,
Emergency Housing and Shelters, and Quarantine Facility
Zoning Code Amendments – Update
Matt Gilbert
O. INFO ONLY: Equity Project Update Derek Matheson
P. Resolution Declaring Equity a Foundational Requirement in
the Provision of City Services and Requesting
Administration Take Certain Actions to Ensure City Policies
and Practices are Equitable and Do Not Infringe Upon the
Equal Treatment and Opportunity of all Individuals - Adopt
Derek Matheson
Chief Padilla
Q. Payment of Bills - Approve Paula Painter
5. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk's
Office in advance at 253-856-5725. For TDD relay service, call the Washington
Telecommunications Relay Service 7-1-1.
INFORMATION TECHNOLOGY DEPARTMENT
Mike Carrington
220 Fourth Avenue South
Kent, WA 98032-5895
253-856-4600
DATE: September 22, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Change Order with Canon Solutions America, Inc. - Authorize
MOTION: Authorize the Mayor to sign Change Order No. 5 with Canon
Solutions America, Inc. to extend the City’s lease of multi-function devices
through December 31, 2020; amend the budget to authorize an additional
$187,415.30 for the extended lease term and an additional $207,918.92
for approved but unbudgeted contract charges under the original lease
term; and ratify all acts consistent with the authority of Change Order 5
and this motion, subject to final terms and conditions acceptable to the
Information Technology Director and City Attorney.
SUMMARY:
In 2016, the City of Kent elected to replace its aging Multi-Function Devices (MFD)
by entering a 36-month lease. The City selected MFDs through Canon Solutions
America, Inc. (“Canon”) and utilized a cooperative purchasing agreement managed
by the National Intergovernmental Purchasing Alliance, under the terms of a Master
Agreement DuPage County, Illinois originally negotiated with Canon. Under the
agreement, lease charges are paid to Canon Financial Services.
The term of the City’s 36-month lease began on 2/1/2017, the date the last device
was deployed, and ended on 1/31/2020. The contract was subsequently amended
through two prior change orders to add additional equipment. A third change order
was approved on 9/20/2018 through which Canon agreed to separate the monthly
rental rate from the monthly maintenance charges, which are assessed through a
per page charge for every image or copy made on each MFD machine ($0.0059 per
page for black and white images, and $0.39 per page for color images), known as
“click charges.” Separation of the charges was necessary for IT to accurately bill
departments for their equipment charges. The lease charges are paid to Canon
Financial Services, Canon’s wholly owned leasing company, while the maintenance
click charges are paid to Canon Solutions America, Inc.
Although the City’s original contract with Canon provided for the assessment
against the City of click charges and personal property taxes due on the lease,
these charges were not originally budgeted and presented to Council at the time
the original contract was authorized. These charges have been reconciled and
budgetary approval and ratification are now sought for these click charges and
personal property taxes. These charges are explained in more detail below. While
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formal Council approval was not sought for these charges, they can be paid from
existing budget funds.
The City has negotiated a new contract with Canon to replace the existing MFDs,
which IT anticipates being able to bring forward to Council for approval within the
next month. However, even after a new contract is approved and signed, it will take
time for IT and Canon to determine each department’s equipment needs and to
plan deployment. The current contract needs to stay in place until new MFDs are
fully deployed and available for staff use. For that reason, IT seeks current approval
from Council to extend the expired contract through 12/31/2020, to authorize an
adjustment in the total contract price to account for additional lease and click
charges incurred through 12/31/2020, and to ratify all acts consistent with the
extended Agreement. If approved by Council, the extended contract may be
terminated prior to 12/31/2020 once the City is ready to proceed under a new
contract and that new contract is approved by Council.
Below is a summary of the budgetary adjustments needed concerning the City’s
contract with Canon:
Original contract budget approved by Council: $378,298.08
· MFD Lease through 1/31/2020 - $217,445.76
o Monthly rental rate of $10,508.28
· uniFLOW (secure print software) - $128,031.84
· Sales tax - $22,850.48
Additional Equipment added and approved through prior change orders
+$30,606.31
· Change Order 2 - increase monthly rental rate to $11,094.03 for 31 months
(add’l $18,158.25)
· Change Order 3 - increase monthly rental rate to $11,635.30 for 23 months
(add’l $12,448.06)
· Change Order 4 - split lease rate from maintenance rate, no net
increase/decrease
Click charges approved by contract, but not budgeted +$207,918.92
· Click charges for the full contract term of 2/1/2017 - 1/31/2020
Personal property taxes approved by contract, but not budgeted +$5,075.51
· Personal property taxes for the full contract term of 2/1/2017 - 1/31/2020
Extend contract term through 12/31/2020: +$187,415.30
· MFD lease from 2/1/2020 thru 12/31/2020
o Monthly rental rate of $11,683.23 for 10 months - $116,832.30
o Estimated maintenance click charges from 2/1/2020 thru 12/31/2020 -
$55,000.00
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o Estimated personal property taxes from 2/1/2020 thru 12/31/2020 -
$5,583.00
o Contingency for excess click charges and personal property tax
assessments - $10,000.00
Revised contract budget estimated through 12/31/2020: $809,374.12
BUDGET IMPACT: Budgeted in IT’s 2020 Operations Budget
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Kent WA (City of) Maintenance Renewal CSA (PDF)
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City of Kent Change Order #134942-005: Monthly Maintenance Renewal
September 10, 2020
Customer:
City of Kent
220 4th Ave S
Kent, WA 98032
Vendor:
Canon Solutions America, Inc
15004 Collections Center Drive
Chicago, IL 60693
City of Kent Purchase Order Numbers :
134942 OP, 134942-002, 134942-003
On December 22, 2016, the City of Kent and Canon Solutions America, Inc. entered into a Purchase
Order Addendum wherein the City of Kent agreed to lease equipment and obtain maintenance services
through a Master Agreement Canon Solutions America, Inc. had with the County of DuPage, Illinois,
under the terms provided for in the Master Agreement, referred to as CP-002-13, except as those terms
were amended through the December 22, 2016, Purchase Order Addendum specific to the City of Kent
and Canon Solutions America, Inc.
The Master Agreement terminated by its terms on December 14, 2019. Through this change order, the
City of Kent and Canon Solutions America, Inc., however, agree to continue the lease and maintenance
services, on a month to month basis, under the same terms, conditions, and pricing as referenced on
the original purchase orders, addendums, and prior change orders agreed to between the City of Kent
and Canon Financial Services, Inc. (and CSA, as CSA is now invoicing the maintenance, as per PO 134942-
004). The maintenance cost per page remains at $.0059 for BW copies, and $.039 for Color copies for
devices listed on CSA Maintenance Contracts 2433109, 2436756, 2450488, 2450873, 2454544,
2509543, 2517880, 2520852, 256592, 2638520. s. The parties agree this per page cost will remain at
this price until December 31, 2020. If a per page cost increase is necessary, a new change order will be
required.
Cok Purchase Order BW CPC Color CPC
134942 OP $.0059 $.039
134942-002 $.0059 $.039
134942-003 $.0059 $.039
This change order will become effective on the last date written below. All acts consistent with the
authority of this change order and prior to its effective date are hereby ratified and affirmed and the
terms of the Master Agreement, the prior change orders, and this current change order shall be
deemed to have applied.
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______________________________________
City of Kent
_______________________
Date
______________________________________
Canon Solutions America, Inc
_______________________
Date
2 of 2
MJK
9.14.20
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INFORMATION TECHNOLOGY DEPARTMENT
Mike Carrington
220 Fourth Avenue South
Kent, WA 98032-5895
253-856-4600
DATE: September 22, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Verizon Wireless – Federal General Services Administration
(GSA) Supply Contract – Ratify and Authorize
MOTION: Ratify the Mayor’s approval of a purchase order with Verizon
Wireless that granted the City the ability to purchase wireless voice and
data services and equipment through September 20, 2020 under a federal
supply contract, and further authorize the Mayor to sign future purchase
orders to continue the City’s purchase ability under that federal contract
through its December 2, 2023 term, and any extended contract term that
may be authorized by the U.S. government, if those purchases can be made
within established City budgets.
SUMMARY: The City has purchased equipment and wireless voice and data
services through Verizon Wireless for many years. In selecting Verizon Wireless as
its preferred vendor for this equipment and service, City bidding requirements were
met by piggybacking on the competitive process conducted by the General Services
Administration (GSA), an independent procurement agency of the federal
government, through its Federal Supply Service Information Technology Schedule
70 Contract, Contract #GS-35F-0119P. This piggybacking process is authorized
under section 3.70.110.F. of the Kent City Code.
To purchase under the federal supply contract, Verizon Wireless requires the City
complete and sign the attached exhibit: GSA-Federal Supply Schedule Purchase
Order. The GSA Federal Supply Schedule Purchase Order acknowledges that the
City is authorized to purchase under Verizon’s GSA federal supply contract and that
the City’s use of all products/services purchased is for authorized government use.
The Mayor previously approved the GSA Federal Supply Schedule Purchase Order,
subject to Council’s ratification, in the maximum amount of $733,000, plus
applicable fees, taxes, and charges on October 20, 2019. This purchase order
authorized equipment and services up to that dollar amount for the time period of
September 20, 2019, through September 20, 2020. Due to unintended oversight
and the emergence of the COVID-19 pandemic, the need for staff to obtain
subsequent Council ratification for that signing was overlooked. Ratification is now
being sought for that prior purchase order authorization.
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In addition to ratifying last year’s purchases under Verizon’s federal supply
contract, Council approval is requested to allow the City to continue to purchase
equipment and services under Verizon’s GSA federal supply contract through its
December 2, 2023 term, or any later term that the U.S. government may
authorize, if those purchases can be made within the City’s established budget.
Though the exhibit describes 850 lines of service (access) and equipment charges
at an estimated yearly cost of $733,000 (plus applicable fees, taxes and charges),
the City’s actual annual costs tend to be significantly below that amount, averaging
only $480,000 per year, which are covered through Information Technology, Public
Works, and Police Department’s operations budget.
BUDGET IMPACT: Accounted for in Information Technology, Public Works, and
Police Department operations budget.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. City Of Kent - FEDERAL FUNDING 2020 general (PDF)
2. Vzw GSA GS-35F-0119P (PDF)
3. GSA-Federal Supply Schedule PO (PDF)
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For Verizon Wireless internal use only: Approval: _____________________________________ Date: _________
City Of Kent
GSA-Federal Supply Schedule Purchase Order
Date: September 16, 2020
Vendor: Verizon Wireless
Vendor Address: 7600 Montpelier Road
Laurel, MD 20723
Vendor Email: VZWFederal.Implementations@VerizonWireless.com
Phone: 1.800.561.6227
FAX: na
Authorized By: By signing below, I certify that I am have legal authority to bind the listed government agency , that
my agency is authorized to purchase under the GSA Federal Supply Schedule and that the use of all
products/services purchased is for authorized government use.
Agency Name: City Of Kent
Signature of Authorized Official: ____________________________________________
Printed or typed name: Dana Ralph
Printed or typed title: Mayor
Contact Information: Email address: jendicott@kentwa.gov
Phone number 253-856-4620
FAX number: na
Billing Information:
City Of Kent
220 4th Avenue South
Kent. WA 98032
Payment Terms: Net 30
Description of
Goods/Services;
Pricing:
Cellular service on the accounts listed below (or attached) totaling 850 units in accordance with the
rate plans and terms and conditions now or in the future applicable to each of such lines pursuant
to GSA Federal Supply Schedule Number GS-35F-0119P,
Accounts: 671675482-00001, 671675482-00002, 671675482-00004, 942011537-00001
Rate Plan(s): various plans and features
Equipment: open market
Term:
October 20, 2020 for 12 months through October 19, 2021
Funds Authorized:
Monthly Access Fees for service on 850 Lines (Estimated) $ 54,000
Equipment charge(s) on 850 Lines (Estimates) $85,000
Total Access and Equipment Fees on 850 lines (Estimate) $733,000
Plus applicable fees, taxes and charges
Contract #: GSA Federal Supply Schedule Contract NumberGS-35F-0119P, all terms and conditions are
incorporated by reference
Equipment
(Open Market):
None of the equipment listed are products listed on GSA Federal Supply Schedule Contract No GS-
35F-0119P All devices and/or accessories are “Open Market” items.
Miscellaneous:
Specify Phones, Delivery, Etc.: “open market” various plans and features
Customer Acceptance:
Signature: __________________________________________ Date: ______________
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GSA Schedule 70: Contract GS-35F-0119P
Page 1 of 34
GENERAL SERVICES ADMINISTRATION
FEDERAL SUPPLY SERVICE
AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICELIST
Products and ordering information, terms and conditions, and up to date pricing are available on
GSA Advantage!, a menu driven database system.
The Internet address for GSA Advantage! is: https://www.gsaadvantage.gov/
Schedule Number: 70
Schedule Name General Purpose Commercial Information Technology
Equipment, Software, and Services
SIN(s): 132-53 Wireless Services
FPDS Code:
D304: Excluding local and long distance voice, data, video and
dedicated transmission services which are NOT mobile.
Cellular/PCS Voice Services.
Contract Number: GS-35F-0119P
Contract Period: December 03, 2003 through December 02, 2023
Modification: 45
Contractor:
Cellco Partnership dba Verizon Wireless
10170 Junction Drive, Suite 200
Annapolis Junction, MD 20701
Phone: 1-800-561-6227
DUNS#: 968904698
CAGE Code: 1HWU7
Tax ID#: 22-3372889
Website: http://www.verizonenterprise.com/industry/public_sector/federal/contracts/
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GSA Schedule 70: Contract GS-35F-0119P
Page 2 of 34
Table of Contents
Information for Ordering Activities
1. Geographic Scope of Contract ........................................................................................ 3
2. Contractor's Ordering Address and Payment Information ................................................ 3
3. Verizon Wireless Overview ............................................................................................... 4
4. Verizon Wireless Network................................................................................................. 4
5. Wireless Calling Plans ...................................................................................................... 6
6. Liability for Injury or Damage .......................................................................................... 23
7. Statistical Data for Government Ordering Office Completion of Standard Form 279 ...... 23
8. FOB Destination ............................................................................................................. 23
9. Delivery Schedule ........................................................................................................... 23
10. Discounts ....................................................................................................................... 23
11. Trade Agreements Act .................................................................................................... 23
12. Statement Concerning Availability of Export Packing ..................................................... 23
13. Small Requirements ....................................................................................................... 23
14. Maximum Order ............................................................................................................. 23
15. Ordering Procedures for Federal Supply Schedule Contracts ........................................ 24
16. Federal Telecommunication standards (FED-STDS) ....................................................... 24
17. Contractor Tasks/Special Requirements (C-FSS-370) (NOV 2001) ................................ 24
18. Contract Administration for Ordering Activities .............................................................. 25
19. GSA Advantage! ............................................................................................................. 25
20. Purchase of Open Market Items ..................................................................................... 25
21. Contractor Commitments, Warranties and Representations .......................................... 25
22. Overseas Activities ......................................................................................................... 25
23. Blanket Purchase Agreements (BPAs) ............................................................................ 26
24. Contractor Team Arrangements ..................................................................................... 26
25. Installation, Deinstallation, Reinstallation ........................................................................ 26
26. Section 508 Compliance ................................................................................................ 26
27. Prime Contractor Ordering From Federal Supply Schedules .......................................... 27
28. Insurance – Work on a Government Installation (JAN 1997)(FAR 52.228-5) ................... 27
29. Software Interoperability ................................................................................................ 27
30. Advance Payments......................................................................................................... 28
31. Acceptance Testing ........................................................................................................ 28
32. Equipment ...................................................................................................................... 28
33. Warranty ......................................................................................................................... 28
34. Management and Operations Pricing ............................................................................. 28
35. Training .......................................................................................................................... 28
36. Monthly Reports ............................................................................................................. 28
37. Wireless Service Plan ..................................................................................................... 28
38. USA Commitment to Promote Small Business Participation Procurement Programs ..... 29
39. Terms and Conditions of Wireless Service Plans ............................................................ 30
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GSA Schedule 70: Contract GS-35F-0119P
Page 3 of 34
INFORMATION FOR ORDERING ACTIVITIES APPLICABLE TO ALL SPECIAL
ITEM NUMBERS
SPECIAL NOTICE TO AGENCIES: Small Business Participation
SBA strongly supports the participation of small business concerns in the Federal Supply Schedules
Program. To enhance Small Business Participation SBA policy allows agencies to include in their
procurement base and goals, the dollar value of orders expected to be placed against the Federal
Supply Schedules, and to report accomplishments against these goals.
For orders exceeding the micro purchase threshold, FAR 8.404 requires agencies to consider the
catalogs/pricelists of at least three schedule contractors or consider reasonably available information
by using the GSA Advantage! on-line shopping service (www.fss.gsa.gov). The catalogs/pricelists,
GSA Advantage! and the Federal Supply Service Home Page (www.fss.gsa.gov) contain information
on a broad array of products and services offered by small business concerns.
This information should be used as a tool to assist ordering activities in meeting or exceeding
established small business goals. It should also be used as a tool to assist in including small, small
disadvantaged, and women-owned small businesses among those considered when selecting
pricelists for a best value determination.
For orders exceeding the micro purchase threshold, customers are to give preference to small
business concerns when two or more items at the same delivered price will satisfy their requirement.
1. Geographic Scope of Contract
The geographic scope of this contract is the 48 contiguous states, the District of Columbia
and Hawaii.
2. Contractor's Ordering Address and Payment Information
Ordering Address: Payment for Services:
Verizon Wireless
10170 Junction Drive, Suite 200
Annapolis Junction, MD 20701
Verizon Wireless
P.O. Box 17464
Baltimore, MD 21297-1464
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3. Verizon Wireless Overview
Verizon Wireless operates the nation’s most reliable wireless network, with more than 116.87 million retail connections.
Verizon Wireless is an indirect, wholly-owned subsidiary of Verizon Communications (NYSE:VZ).
Our primary network technology platform is 4G LTE, which provides higher data throughput performance for data
services at a lower cost compared to that offered by 3G technologies.
We use HD Calling, enabled by VoLTE, in addition to 3G Code Division Multiple Access (CDMA) technology, to
provide voice calling services to our customers.
We are committed to developing and deploying 5G wireless technology. On October 1, 2018, we turned on the world’s
first commercial 5G network – our 5G Home service for consumers – in parts of Los Angeles, CA, Houston, TX,
Sacramento, CA, and Indianapolis, IN, on our 5G Ultra Wideband network and on October 24, 2018, we added
Panama City, FL, to our list of 5G cities.
U.S. Market Coverage: We have the largest 4G LTE network of any service provider in the U.S., with licensed and
operational coverage in all of the 100 most populous U.S. Metropolitan areas.
Our 4G LTE network is available to more than 98 percent of the U.S. population and covers nearly 326.5 million
people.
Mobile Switching Centers: 137
Headquarters: Basking Ridge, NJ
4. Verizon Wireless Network
Verizon operates the nation’s most reliable wireless network.
LTE Technology
LTE is the technological foundation for our 4G wireless broadband network. LTE offers a number of significant
technological and business advantages over other 4G technologies that make it a superior networking standard. Our
customers want to be truly un-tethered with advanced communication devices that provide a similar experience as found
in today’s wired networks – you want to be able to communicate in new and innovative ways whenever and wherever you
choose around the globe. For these reasons, we believe LTE is the best technology with the global scale needed to deliver
such experiences.
Our 4G LTE network offers a number of benefits, including:
High peak speeds: The Average User Data Rate (downlink) is greater than or equal to 5 Mbps; and the Average User
Data Rate (uplink) is greater than or equal to 2 Mbps.
Low latency: Approximately 100 ms round trip over the airlink within the Verizon wireless network.
Scalable bandwidths: Bandwidth allocation of 1.4, 3, 5, 10, 15, 20 MHz; scalable bandwidth provides the flexibility for
deployment and capacities.
Improved spectrum efficiency: Spectrum efficiency refers to how limited bandwidth is used by the access layer of a
wireless network. Improved spectrum efficiency allows more information to be transmitted in a given bandwidth, while
increasing the number of users and services the network can support.
Improved cell-edge data rates: Not only does spectral efficiency of LTE improve near cell towers, it also improves at
the coverage area or cell edge, which makes more bandwidth available at the cell edge. Data rates improve two to
three times at the cell edge over the previous benchmark
Seamless performance: Reducing handover latency and packet loss are critical to delivering a quality service. This
reduction is considerably more challenging with mobile broadband than with fixed-line broadband where the time
variability and unpredictability of the channel become more acute, creating the issue. Additional complications arise
from the need to hand over sessions from one cell to another as users cross coverage and frequency boundaries.
These handover sessions require seamless coordination of radio resources across multiple cells. In the past, 3G
networks split both voice and data signals. 4G LTE uses an Evolved Packet Core that is 100% IP based facilitating
simultaneous voice and data communications.
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4G LTE Network Service Area
We’re constantly
improving.
We’re obsess over
the details.
$111 billion
invested into our network infrastructure
since 2000.
1 quadrillion
bytes of data analyzed by our engineers
every day.
We’re fast and we deliver
consistently fast speeds in
more places than any other
network.
Right now, we’re working to
meet today’s surging demand
by pioneering 5G wireless
technology.
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5. Wireless Calling Plans
Wireless Voice (Basic Phones) Service Plans
America’s ChoiceSM for Government Voice Calling Plans
The calling plans below reflect the monthly access charge discount. No additional discounts apply.
AC for Government Voice Calling Plans: 100 Voice
Minutes
200 Voice
Minutes
400 Voice
Minutes
600 Voice
Minutes
1000 Voice
Minutes
Domestic Anytime Voice Minutes Per Month 100 200 400 600 1000
Monthly Access Charge (non-pooled minutes) NA NA $26.91 $39.41 $50.96
Monthly Access Charge (pooled minutes) $23.06 $26.24 $28.84 $41.34 $52.88
Friends & Family for Government NA Up to 10 numbers
for entire account, not per user
Overage Rate $0.25 per minute
Domestic Night & Weekend Minutes Unlimited
Domestic Mobile to Mobile Minutes Unlimited
Included Domestic Text/PIX/FLIX Messages 200 per month
Unlimited Domestic Push-to-Talk $2.00 additional per user, per month
Domestic Long Distance Included
NOTE: See attached Calling Plan and Feature Details for important information about calling plans, features and options.
America’s ChoiceSM for Government Voice Calling Plans
The calling plans below reflect the monthly access charge discount. No additional discounts apply.
America’s ChoiceSM for Government Additional Line Voice Plan
Monthly Access Charge $14.99
Domestic Anytime Voice Minutes Per Month 0 Minutes
Minutes can share minutes from voice and/or voice & data bundle plans
Domestic Night & Weekend Minutes Unlimited
Domestic Mobile to Mobile Minutes Unlimited
Included Domestic Text/PIX/FLIX Messages 100 per month
Voice Per Minute Rate $0.25 per minute
Domestic Long Distance Included
America’s ChoiceSM for Government Additional Line Voice & Push to Talk Plan
Monthly Access Charge $17.99
Domestic Anytime Voice Minutes Per Month 0 Minutes
Minutes can share minutes from voice and/or voice & data bundle plans
Domestic Unlimited Push to Talk Included
Domestic Night & Weekend Minutes Unlimited
Domestic Mobile to Mobile Minutes Unlimited
Included Domestic Text/PIX/FLIX Messages 100 per month
Voice Per Minute Rate $0.25 per minute
Domestic Long Distance Included
NOTE: No more than 50% of plans on a single account can be placed on the Additional Line Voice or Additional Line Voice & Push to
Talk plans.
America’s ChoiceSM for Government Voice Flat Rate Plan: GSA-FSS Subscribers Only
The calling plans below reflect the monthly access charge discount. No additional discounts apply.
America’s ChoiceSM for Government Voice Flat Rate Plan
Monthly Access Charge $11.99
Domestic Anytime Voice Minutes Per Month 0 Minutes.
Voice Per Minute Rate $0.25 per minute
Domestic Long Distance Included
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NOTE: See attached Calling Plan and Feature Details for important information about calling plans, features and options.
America’s ChoiceSM for Business II Calling Plans
The calling plans below reflect the monthly access charge discount. No additional discounts apply.
AC for Business Voice Calling Plans 450 Voice 900 Voice 1350 Voice 2000 Voice 4000 Voice
Domestic Anytime Minutes Per Month 450 900 1350 2000 4000
Domestic Monthly Access Charge (non-pooled minutes) $29.99 $44.99 $59.99 $74.99 $112.49
Domestic Monthly Access Charge (pooled minutes) $33.74 $48.74 $63.74 $78.74 $116.24
Overage Rate $0.25 per minute
Domestic Night & Weekend Minutes Unlimited
Domestic Mobile to Mobile Minutes Unlimited
Domestic Long Distance Rate Included
Unlimited Push to Talk $2.00 additional per user, per month
NOTE: See attached Calling Plan and Feature Details for important information about calling plans, features and options.
Nationwide Unlimited Calling Plan
The calling plans below reflect the monthly access charge discount. No additional discounts apply.
America’s ChoiceSM for Government Voice Flat Rate Plan
Monthly Access Charge $52.49
Domestic Anytime Voice Minutes Per Month Unlimited
Domestic Night & Weekend Minutes Per Month Unlimited
Domestic Mobile to Mobile Minutes Per Month Unlimited
Domestic Long Distance Included
Data Sent & Received** $1.99/ MB per data package
NOTE: See attached Calling Plan and Feature Details for important information about calling plans, features and options.**
Wireless Voice & Data (Smartphone) Service Plans
(Domestic) America’s ChoiceSM for Government Voice & Data Plans
The calling plans below reflect the monthly access charge discount. No additional discounts apply.
Domestic AC for Government Voice & Data Plans: 400 Minute
Voice/Data Bundle
600 Minute
Voice/Data Bundle
1000 Minute
Voice/Data Bundle
Domestic Anytime Voice Minutes Per Month 400 600 1000
Monthly Access Charge (non-pooled minutes) $46.15 $58.64 $70.19
Monthly Access Charge (pooled minutes) $48.07 $60.57 $72.11
Overage Rate $0.25 per minute
Domestic Data Allowance for Email Unlimited
Domestic Night & Weekend Minutes Unlimited
Domestic Mobile to Mobile Minutes Unlimited
Friends & Family for Government Up to 10 numbers For Entire Account, Not Per User
Domestic Text/PIX/FLIX Messages Unlimited
NationalAccess Roaming $0.002 per Kilobyte
Unlimited Domestic Push to Talk Included (device dependent)
Domestic Long Distance Included
NOTE: See attached Calling Plan and Feature Details for important information about calling plans, features and options. Subject to
the Mobile Broadband terms and conditions; additional terms and conditions apply to Unlimited, Megabyte (MB), Smartphone and
BlackBerry Plans.
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Custom 4G Verizon Unlimited Smartphone Plan for Public Sector
Government Subscribers Only
The calling plan below reflects the monthly access fee discount. No additional discounts apply.
Only 4G LTE GSM/UMTS global-capable smartphones can be activated on this plan.
Monthly Access Fee $48.75
Monthly Minutes in U.S Unlimited
Domestic Data Allowance Unlimited(1)
Domestic Mobile Hotspot Unlimited(2)
Domestic and International Messaging Allowance Unlimited(3)
NOTE: No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G
Extended networks, while available. (1) In the event of network congestion, after 10GB of data usage on a line during any billing cycle,
usage on such line may result in slightly slower download speeds relative to another user. To ensure users are able to maximize their
high-speed data use for business applications, video applications will stream at 480p. (2) Mobile Hotspot is available on all capable
devices and allows Government Subscribers to use their device and share data allowance with multiple Wi-Fi enabled devices. If 10GB
of Mobile Hotspot data usage is exceeded on any line in any given billing cycle, Verizon Wireless will limit the data throughput speeds
for additional usage for the remainder of the then-current billing cycle for the line that exceeds the data usage. (3) Unlimited Messaging
from within the United States to anywhere in the world where messaging services are available.
America’s ChoiceSM for Government Voice & Global Data Plans
The calling plans below reflect the monthly access charge discount. No additional discounts apply.
AC for Government Voice & Global Data Plans:
400 Minute
Voice/Global Data
Bundle
600 Minute
Voice/Global Data
Bundle
1000 Minute
Voice/Global Data
Bundle
Domestic Anytime Voice Minutes Per Month 400 600 1000
Monthly Access Charge (non-pooled minutes) $61.53 $74.03 $85.57
Monthly Access Charge (pooled minutes) $63.45 $75.95 $87.49
Overage Rate $0.25 per minute
Domestic & Global Data Allowance for Email Unlimited
Domestic Night & Weekend Minutes Unlimited
Domestic Mobile to Mobile Minutes Unlimited
Friends & Family for Government Up to 10 numbers For Entire Account, Not Per User
Domestic Text/PIX/FLIX Messages Unlimited
NationalAccess Roaming $0.002 per Kilobyte
Unlimited Domestic Push to Talk Included (device dependent)
Domestic Long Distance Included
NOTE: See attached Calling Plan and Feature Details for important information about calling plans, features and options. Subject to
the Mobile Broadband terms and conditions; additional terms and conditions apply to Unlimited, Megabyte (MB), Smartphone and
BlackBerry Plans.
America’s ChoiceSM for Government Choice Voice & Data Plans
The calling plans below reflect the monthly access charge discount. No additional discounts apply.
AC for Government Choice Voice & Data Plans: 450 Minute
Voice/Data Bundle
1350 Minute
Voice/Data Bundle
4000 Minute
Voice/Data Bundle
Domestic Anytime Voice Minutes Per Month 450 1350 4000
Monthly Access Charge (non-pooled minutes) $59.99 $82.49 $127.49
Monthly Access Charge (pooled minutes) $63.74 $86.24 $131.24
Overage Rate $0.25 per minute
Domestic Data Allowance for Email Unlimited
Domestic Night & Weekend Minutes Unlimited
Domestic Mobile to Mobile Minutes Unlimited
NationalAccess Roaming $0.002 per Kilobyte
Unlimited Domestic Push to Talk Included (device dependent)
Domestic Long Distance Included
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NOTE: See attached Calling Plan and Feature Details for important information about calling plans, features and options. Subject to
the Mobile Broadband terms and conditions; additional terms and conditions apply to Unlimited, Megabyte (MB), Smartphone and
BlackBerry Plans.
Wireless Data (Data-Only Devices) Service Plans
Domestic Smartphone (No Voice Minutes) Data Plan
The calling plan below reflects the monthly access charge discount. No additional discounts apply.
BlackBerry/Smartphone Data-Only Plan
Monthly Access Charge $33.65
Domestic Data Allowance for Email Unlimited
Domestic Mobile to Mobile Minutes Unlimited
Domestic Anytime Voice Minutes Per Month 0 Minutes
Overage Rate $0.12 per minute
Domestic Text/PIX/FLIX Messages Unlimited
NationalAccess Roaming $0.002 per Kilobyte
Unlimited Domestic Push to Talk Included (device dependent)
Domestic Long Distance Included
NOTE: Subject to the Mobile Broadband terms and conditions; additional terms and conditions apply to Unlimited, Megabyte (MB),
Smartphone and BlackBerry Plans.
(Domestic) BlackBerry/Smartphone (Shared Minutes) Data Plan
A discount has been applied and this plan is not eligible for any further discounts.
BlackBerry/Smartphone Shared Minute Data Plan
Monthly Access Charge $34.99
Domestic Data Allowance for Email Unlimited
Domestic Mobile to Mobile Minutes Unlimited
Domestic Anytime Voice Minutes Per Month 0 Minutes. Minutes can share from voice and/or voice & data bundle plans
Overage Rate $0.25 per minute
Domestic Text/PIX/FLIX Messages Unlimited
NationalAccess Roaming $0.002 per Kilobyte
Unlimited Domestic Push to Talk Included (device dependent)
Domestic Long Distance Included
NOTE: Subject to the Mobile Broadband terms and conditions; additional terms and conditions apply to Unlimited, Megabyte (MB),
Smartphone and BlackBerry Plans. No more than 50% of plans on a single account can be placed on the Blackberry/Smartphone
Shared Minute plan.
(Global) BlackBerry/Smartphone (No Voice Minutes) Data Plan
A discount has been applied and this plan is not eligible for any further discounts.
Global BlackBerry/Smartphone Data-Only Plan
Monthly Access Charge $49.03
Global Data Allowance for Email Unlimited
Domestic Data Allowance for Email Unlimited
Domestic Mobile to Mobile Minutes Unlimited
Domestic Anytime Voice Minutes Per Month 0 Minutes.
Domestic Voice Rate $0.12 per minute
Domestic Text Messages Unlimited
NationalAccess Roaming $0.002 per Kilobyte
Unlimited Domestic Push to Talk Included (device dependent)
Domestic Long Distance Included
NOTE: Subject to the Mobile Broadband terms and conditions; additional terms and conditions apply to Unlimited, Megabyte (MB),
Smartphone and BlackBerry Plans.
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Mobile BroadbandAccess Data Plan
The plan below reflects the monthly access charge discount. No additional discounts apply.
Mobile Broadband Access Only
Discounted Monthly Access Charge $39.99
Domestic Data Allowance for Email and Internet/Intranet Browsing Unlimited
Overage Rate Per KB NA
National-Access Roaming $0.002 per Kilobyte
Domestic Long Distance1 Included
NOTE: Subject to the Mobile Broadband terms and conditions; additional terms and conditions apply to Unlimited, Megabyte (MB),
Smartphone and BlackBerry Plans.
Custom 4G Flat Rate Mobile Broadband Plan for Government
Government Subscribers Only
The plan below reflects the monthly access charge discount. No additional discounts apply.
Monthly Access Fee $34.99
Domestic Data Allowance* Unlimited
Overage Rate per KB NA
NOTE: Subject to the Mobile Broadband terms and conditions; additional terms and conditions apply to Unlimited, Megabyte (MB), and
Smartphone data Plans. Throughput speeds on the Custom Flat Rate Mobile Broadband will be limited up to 600kbps throughout the
duration of each billing cycle while on the Verizon Wireless 4G network only. Data speeds are not guaranteed while on Extended or
roaming partner networks. Devices utilized in conjunction with the Custom Flat Rate Mobile Broadband plan are limited to mobile (non-
stationary) applications. Dedicated internet connections on stationary router devices and streaming video on stationary video
surveillance cameras are expressly prohibited on this rate plan.
Custom 4G Mobile Broadband Plan II for Government
Government Subscribers Only
The plan below reflects the monthly access charge discount. No additional discounts apply.
Monthly Access Fee $44.99
Domestic Data Allowance Unlimited
Overage Rate Per KB NA
NOTE: Subject to the Mobile Broadband terms and conditions; additional terms and conditions apply to Unlimited, Megabyte (MB), and
Smartphone data Plans. Verizon Wireless will limit throughput of data speeds to 600kbps should 30GB of data be used within a given
bill cycle. Devices utilized in conjunction with the Custom Mobile Broadband Plan II are limited to mobile (non-stationary) applications.
Data speeds are not guaranteed while on Extended or roaming partner networks. Dedicated internet connections on stationary router
devices and streaming video on stationary video surveillance cameras are expressly prohibited on this rate plan.
Custom 3G/4G Mobile Broadband Data Share Plan
(for Internet browsing, email, or intranet access)
The plan below reflects the monthly access charge discount. No additional discounts apply.
Mobile Broadband Data Share Plan
Monthly Access Charge $11.00*
Monthly Data Allowance 0 MB
Monthly Billing Rate for up to 3GB of Shared Data $22.00 (plus Monthly Access Charge of $11.00)
Overage Billing Rate (if 3GB shared pool per month is exceeded) $0.0000076 per KB
NationalAccess Roaming $0.002 per KB (Canada)/ $0.005 per KB (Mexico)
NOTE: 4G and 3G Mobile Broadband coverage details can be found at www.verizonwireless.com. 4G and 3G Mobile Broadband
coverage details can be found at www.verizonwireless.com. 4G service requires 4G Equipment and 4G coverage. *Monthly Access
Charge: Each Subscriber’s monthly access Charge will be $11.00 per month regardless of data usage. However, if a Subscriber uses
any data; such Subscriber will incur a $22.00 charge for up to 3 GB of data for that month (a Monthly Access Charge total of $33.00). Any
monthly data usage over the 3GB limit will incur the Overage Rate Per KB listed in the table above, subject to available Mobile
Broadband sharing allowances. Customer may have 100% of their Mobile Broadband Subscribers on the $11.00 month plan; however,
no more than twenty percent (20%) of their total Mobile Broadband Subscriber lines can have zero use on a monthly basis. Data
Sharing: At the end of each bill cycle any unused data allowances for customers sharing on lines across multiple accounts will be
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applied proportionally to all lines with overages. Calling plan changes may not take effect until the billing cycle following the change
request.
Custom 4G International Data Smartphone Feature:
Government Subscribers Only
The feature below reflects the monthly access charge discount. No additional discounts apply.
Monthly Access Fee $35.00
International Data Allowance Flat Rate†
International Voice Roaming++ 36 European Countries* Zone 1 Countries** Zone 2 Countries***
$0.59/minute $0.99/minute $1.99/minute
NOTE: Only 4G LTE capable Smartphone devices can be activated on this Feature. 4G service requires 4G Equipment and 4G
coverage. The international data allowance applies in Canada, Mexico, and the rest of the world where coverage is available. This
Feature cannot be combined with a Mobile Hotspot or unlimited domestic data plans or features. This Custom Feature includes a Global
Support Pack with a SIM Card, Global Support Guide, and Global Support Calling Card. For features, the underlying voice plan
determines the rates for domestic voice airtime, and domestic long distance. ++In CDMA countries the international voice per minute
rate may vary. Verizon Wireless reserves the right to terminate the service of subscribers that have less than half of their voice or data
usage over three consecutive billing cycles on the Verizon Wireless Nationwide Rate and Coverage Area. See
verizonwireless.com/global for details about international service.
†Flat Rate: In the event that any subscriber uses more than 500 MBs of international data usage in any billing period, data speeds will
be reduce for the remainder of the billing cycle.
*36 European Countries are as follows: Aland Islands, Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, England,
Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Mayotte Island, Netherlands,
Northern Ireland, Poland, Portugal, Reunion, Romania, San Marino, Scotland, Slovakia, Slovenia, Spain, St. Barthelemy, Sweden,
Vatican City, and Wales.
**Zone 1 Countries are as follows: Albania, Algeria, Andorra, Aruba, Australia, Bahrain, Bermuda, Bosnia and Herzegovina,
Botswana, Brazil, Brunei, Cambodia, Cameroon, China, Croatia, Egypt, Faroe Islands, Fiji Islands, Gibraltar, Guadeloupe, Guernsey,
Hong Kong, Iceland, India, Isle of Man, Jersey, Jordan, Liechtenstein, Macau, Macedonia, Madagascar, Malawi, Malaysia, Mauritius,
Monaco, Morocco, Mozambique, Namibia, Netherlands Antilles, New Zealand, Norway, Oman, Qatar, Seychelles, Singapore, South
Africa, St. Martin, Suriname, Switzerland, Taiwan, Tanzania, Thailand, Tunisia, Turkey, Uganda, United Arab Emirates, Venezuela,
Vietnam, and Zambia.
**Zone 2 Countries are as follows: Afghanistan, American Samoa, Angola, Anguilla, Antarctica, Antigua, Argentina, Armenia,
Azerbaijan, Bahamas, Bangladesh, Barbados, Barbuda, Belarus, Belize, Benin, Bhutan, Bolivia, Bonaire, Burkina Faso, Burundi,
Cabbage Beach, Cape Verde Islands, Cayman Islands, Central African Republic, Chad, Chile, Christmas Island, Colombia, Comoros,
Congo, Cook Islands, Costa Rica, Curacao, Djibouti, Dominica, East Timor, Easter Island, Ecuador, El Salvador, Equatorial Guinea,
Ethiopia, Falkland Islands, French Guiana, French Polynesia, Gabon, Gambia, Georgia, Ghana, Grand Bahamas, Greenland, Grenada,
Guatemala, Guinea, Guinea Bissau, Guyana, Haiti, Honduras, Indonesia, Iraq, Ivory Coast, Jamaica, Japan, Jost Van Dyke,
Kazakhstan, Kenya, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Lesotho, Liberia, Libya, Maldives, Mali, Marie Galante, Martinique,
Mauritania, Moldova, Mongolia, Montenegro, Montserrat, Nauru, Nepal, New Caledonia, Nicaragua, Niger, Nigeria, Norfolk Island,
Pakistan, Palau, Panama, Papua & New Guinea, Paradise Island, Paraguay, Peru, Philippines, Russia, Rwandese Republic, Saba,
Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Serbia, Sierra Leone, Solomon Islands, Sri Lanka, St. Eustatius, St. Kitts and
Nevis, St. Lucia, St. Vincent and the Grenadines, Sudan, Svalbard, Swaziland, Syria, Tajikistan, Togo, Tonga, Trinidad and Tobago,
Turkmenistan, Turks and Caicos Islands, Ukraine, Uruguay, Uzbekistan, Vanuatu, Western Sahara, Yemen, Zanzibar, and Zimbabwe.
Other available countries will be billed at the Zone 2 rates. The list of countries is subject to change.
VZAccess Calling Plans (NationalAccess/BroadbandAccess and GlobalAccess)
A discount has been applied and this plan is not eligible for any further discounts.
GlobalAccess*
Monthly Access Charge $97.49
Domestic MB Allowance Unlimited (U.S. and Canada)
Global MB Allowance – Tier 1 100 MB in Tier 1 countries
Data Overage – Tier 1 $0.005 per kilobyte (in Tier 1 countries)
NationalAccess Roaming (International) – Tier 2 $0.020 per kilobyte (beyond Tier 1 countries)
Tier 1 Countries: Australia, Bahamas, Belarus, Belgium, Bermuda, Czech Republic, Dominican Republic, France, Germany, Greece,
Guam, Hungary, Ireland, Israel, Italy, Korea, Liechtenstein, Malta, Mexico, Mongolia, New Zealand, Portugal, Romania, Spain,
Sweden, Switzerland, The Netherlands, United Kingdom. Tier 2 Countries: Rest of World
4.B.b
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GSA Schedule 70: Contract GS-35F-0119P
Page 12 of 34
Home Airtime Rate† $0.25 per minute
Domestic Long Distance Included
NOTE: See attached Calling Plan and Feature Details for important information about calling plans, features and options. †Home
Airtime Rate applies to voice calls, IS-95 and other non-NationalAccess data usage in the United States. *GlobalAccess unlimited MB
allowance applies to BroadbandAccess and NationalAccess usage within the United States and Canada as well as an allowance of
100MB ($0.005/KB overage rate) in Tier 1 Countries, and an allowance of 0MB ($0.030/KB) in Tier 2 Countries. **Subscribers to
NationalAccess and BroadbandAccess Unlimited plans using Global PC Cards may also add GlobalAccess Pay-Per-Use at $0.002/KB
in Canada, $0.020/KB in Tier 1 Countries, and $0.030/KB in Tier 2 Countries.
Mobile Broadband Connect/Hot Spot Feature Plans
Discount has already been applied as indicated herein and is not eligible for any further discount.
Optional Feature
Access Charge Data Allowance National Access
Roaming
For Unlimited VZEmail Optional Feature Subscribers
(with a voice & unlimited data plan) $10.00
Unlimited $0.002 per Kilobyte For Unlimited VZEmail Calling Plan Subscribers
(with an unlimited data-only plan) $15.00
NOTE: Subject to the Mobile Broadband terms and conditions; additional terms and conditions apply to Unlimited, Megabyte (MB),
Smartphone and BlackBerry Plans.
4G Smartwatch with NumberShare1 Unlimited Plan - Government
This plan is not eligible for monthly access fee discounts.
Monthly Access Fee $10.00 (13413)
Domestic Anytime Minutes Unlimited
Domestic Data Allowance2 Unlimited
Domestic and International Messaging Allowance3 Unlimited
NOTE: This plan is for use only in the United States on the Verizon Wireless 4G network. When NumberShare is active on a 4G
Smartwatch, certain services will not work on the Smartwatch device including: Call Forwarding, No Answer Transfer, Busy Transfer,
Caller Name ID, Voicemail (access voicemail on the Smartwatch device by dialing the host smartphone number and pin)), and RingBack
Tones. Calls and messages to/from blocked contacts will not be blocked on the Smarthwatch when NumberSharing with a host
smartphone. Verizon does not guarantee that NumberShare will work at all times in every situation and the service works only with
eligible devices.
1. Only lines on select smartwatches with the NumberShare service can be activated on this plan. Certain conditions must be met prior
to activation. This plan can only be used when paired with a Verizon Wireless Smartphone that has unlimited data.
2. Usage may be prioritized behind other customers in the event of network congestion.
3. Unlimited messaging from within the United States to anywhere in the world where messaging services are available.
(Domestic) Smartphone Data Features
The features below reflect the monthly access charge discount. No additional discounts apply.
Smartphone Solution
Feature Access Charge $20.00 $17.00 $19.00 $20.00 $25.00
MB Allowance Metered 50MB 500MB 5GB Pooled Unlimited
Overage Rate Per MB $0.05 $0.05 $0.05 $0.05 n/a
Wireless Sync or BlackBerry Solution Included
National-Access Roaming (International) $0.002 per kilobyte
(Canada)
$0.005 per kilobyte
(Mexico)
$0.020 per kilobyte
(rest-of-world)
NOTE: Subject to the Mobile Broadband terms and conditions; additional terms and conditions apply to Unlimited, Megabyte (MB),
Smartphone and BlackBerry Plans.
4.B.b
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GSA Schedule 70: Contract GS-35F-0119P
Page 13 of 34
(Domestic) Smartphone Data Only Plans
A discount has been applied and this plan is not eligible for any further discounts.
Smartphone Data-Only Plans
Monthly Access Charge $30.00 $25.00 $30.00 $32.00
MB Allowance Metered 50MB 500MB 5GB Pooled
Overage Rate Per MB $0.05 $0.05 $0.05 $0.05
Domestic Anytime Voice Minutes Per Month 0 Minutes
Domestic Voice Overage Rate $0.25 per minute
Included Domestic Text/PIX/FLIX Messages Unlimited
National-Access Roaming (International) $0.002 per kilobyte
(Canada)
$0.005 per kilobyte
(Mexico)
$0.020 per kilobyte
(rest-of-world)
Domestic Long Distance Included
NOTE: Subject to the Mobile Broadband terms and conditions; additional terms and conditions apply to Unlimited, Megabyte (MB),
Smartphone and BlackBerry Plans.
Custom 3G/4G Stand Alone Email Share Plan
Compatible with server based email solutions
The plan below reflects the monthly access charge discount. No additional discounts apply.
Standalone Email Share Plan
Monthly Access Charge $27.99*
Monthly 3G Share Data Allowance 3 GB Share
Overage Rate After Allowance $0.0000076/KB
NationalAccess Roaming $0.002 per KB (Canada)/ $0.005 per KB (Mexico)
Per Minute Rate† $0.25
Domestic Long Distance Included in the Per Minute Rate above.
NOTE: See attached Calling Plan Feature Details for important information about calling plans, features and options. †Per Minute Rate
applies to voice calls, IS-95 and other non-NationalAccess data usage in the United States. Data Sharing: At the end of each bill cycle
any unused data allowances for customers sharing on lines across multiple accounts will be applied proportionally to all lines with
overages. Calling plan changes may not take effect until the billing cycle following the change request.
Custom 3G/4G Stand Alone Email Share Plan with Unlimited Messaging
Compatible with server based email solutions
The plan below reflects the monthly access charge discount. No additional discounts apply.
Standalone Email Share Plan with Unlimited Messaging
Monthly Access Charge $32.99
Monthly 3G Share Data Allowance 3 GB Share
Overage Rate After Allowance $0.0000076/KB
NationalAccess Roaming $0.002 per KB (Canada)/ $0.005 per KB (Mexico)
Per Minute Rate† $0.25
Text, Picture and Video Messaging Unlimited
Domestic Long Distance Included in the Per Minute Rate Above
NOTE: See attached Calling Plan Feature Details for important information about calling plans, features and options. †Per Minute Rate
applies to voice calls, IS-95 and other non-NationalAccess data usage in the United States. Data Sharing: At the end of each bill cycle
any unused data allowances for customers sharing on lines across multiple accounts will be applied proportionally to all lines with
overages. Calling plan changes may not take effect until the billing cycle following the change request.
4.B.b
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GSA Schedule 70: Contract GS-35F-0119P
Page 14 of 34
(Domestic) Mobile Broadband Data Only Plans
A discount has been applied and this plan is not eligible for any further discounts.
Smartphone Data-Only Plans
Monthly Access Charge $30.00 $39.99
Domestic Data Allowance for Email 500MB 5GB Pooled
Overage Rate Per MB $0.05 $0.05
Domestic Anytime Voice Minutes Per Month 0 Minutes
Domestic Voice Overage Rate $0.25 per minute
National-Access Roaming (International) $0.002 per kilobyte
(Canada)
$0.005 per kilobyte
(Mexico)
$0.020 per kilobyte (rest-
of-world)
Domestic Long Distance Included
NOTE: Subject to the Mobile Broadband terms and conditions; additional terms and conditions apply to Unlimited, Megabyte (MB),
PDA (Smartphone) and BlackBerry Plans.
Global Mobile Broadband Connect/Hot Spot Feature Plans
The plans below reflect the monthly access charge discount. No additional discounts apply.
Monthly Access Charge Monthly Allowance Rate After Allowance
(Canada)
Rate After Allowance (Mexico & Rest of the
World)
$22.50 50 Megabyte $2.00 Per MB $5.00 Per MB
$52.50 150 Megabyte $2.00 Per MB $5.00 Per MB
$93.75 300 Megabyte $2.00 Per MB $5.00 Per MB
NOTE: Subject to the Mobile Broadband terms and conditions; additional terms and conditions apply to Unlimited, Megabyte (MB), PDA
(Smartphone) and BlackBerry Plans.
Global Data Optional Feature
The plans below reflect the monthly access charge discount. No additional discounts apply.
Monthly Access Charge Allowance
Rate After Allowance (Global
Data Plan Countries)
Rate per KB (non-Global Data Plan Countries)
$18.75 100MB $25.00 per each additional
100 MB used $0.02 per KB ($20.48/MB)
Included Global Data Plan Countries
Aland Islands, Albania, Andorra, Anguilla, Antigua, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Bahamas, Barbados,
Barbuda, Belarus, Belgium, Bermuda, Bolivia, Bonaire (Netherland Antilles), Bosnia and Herzegovina, Brazil, Bulgaria, Canada,
Cayman Islands, Chile, China, Christmas Island, Colombia, Croatia, Curacao (Netherland Antilles), Cyprus, Czech Republic, Denmark,
Dominica, Dominican Republic, Ecuador, Egypt, Estonia, Faroe Islands, Finland, France, French Guiana, Georgia, Germany, Gibraltar,
Greece, Greenland, Grenada, Guadeloupe, Guam, Guernsey, Guyana, Haiti, Hong Kong, Hungary, Iceland, India, Ireland, Isle of Man,
Israel, Italy, Jamaica, Japan, Jersey, Kazakhstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Macao (Macau), Macedonia, Malta,
Martinique, Mayotte Island, Mexico, Moldova, Monaco, Montenegro, Montserrat, Netherland Antilles, Netherlands, New Zealand,
Northern Mariana Islands, Norway, Palestinian Authority, Paraguay, Peru, Philippines, Poland, Portugal, Reunion Island, Romania,
Russia, Samoa, San Marino, Serbia, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, St. Barthelemy, St. Kitts and
Nevis, St. Lucia, St. Maarten, St. Martin, St. Vincent and the Grenadines, Svalbard, Sweden, Switzerland, Taiwan, Thailand, Trinidad
and Tobago, Turkey, Turks and Caicos Islands, Ukraine, United Kingdom-England, Scotland, Wales, Northern Ireland, Uruguay,
Uzbekistan, Vatican City, Venezuela, Vietnam, Virgin Islands, British.
NOTE: Current coverage details and list of Global Data Countries can be found at www.verizonwireless.com/global. Applies to all
global-capable phones and internet devices. Customer must subscribe to a domestic Mobile Hotspot plan to use the service globally.
The majority of your monthly usage must be in the United States. All data usage, including tethering and hotspot, deducts from the
same data allowance.
4.B.b
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Page 15 of 34
National Security, Public Safety, and First Responder Plans & Solutions
Custom 4G Unlimited Smartphone Plan with Mobile Broadband Priority and Preemption for
National Security, Public Safety, and First Responders
Government Liable Subscribers Only
The plan below reflects the monthly access charge discount. No additional discounts apply.
Only 4G LTE GSM/UMTS global-capable smartphones can be activated on this plan.
Monthly Access Fee $39.99
Monthly Minutes in U.S Unlimited
Domestic Data Allowance(1) Unlimited
Domestic Messaging Allowance Unlimited
Optional Service Features
Domestic Mobile Hotspot $5.00 additional per month
Push-to-Talk $2.00 additional per month
NOTE: No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G
Extended networks, while available. (1) Data usage on this rate plan is not subject to speed reductions (“throttling”) within a given billing
cycle. However, in the event data usage exceeds 25GB each billing cycle for three (3) consecutive billing cycles, data throughput
speeds will automatically be reduced to 600kbps for data usage exceeding 25GB per billing cycle on a go-forward basis. Data usage
for actively engaged and deployed fire, police, emergency medical technicians, emergency management agency, and assigned federal
law enforcement users on this plan will not be subject to speed reductions regardless of data usage during any billing cycle. To ensure
users are able to maximize their high-speed data use for business applications, video applications will stream at 480p. This service plan
includes Mobile Broadband Priority and Preemption. Mobile Broadband Priority ensures customers can connect to the network with
priority by leveraging a pool of radio resources dedicated to enable their connection. Mobile Broadband Priority identifies the user with
an Access Priority setting, giving them higher priority for network access than lower Access Class users. Preemption automatically
activates to provide approved personnel uninterrupted access to the network in those uncommon times when the network is fully utilized.
911 calls are never preempted. This service plan is available to National Security, Public Safety, and First Responders customers only
as defined by the following NAICS (formerly SIC) Codes: (PP# 16807)
621910 Ambulance Services
922110 Courts
922120 Police Protection
922130 Legal Counsel and Prosecution
922140 Correctional Institutions
922150 Parole Offices and Probation Offices
922160 Fire Protection (except private)
922190 Other Justice, Public Order, and Safety Activities
923120 Administration of Public Health Programs
928110 National Security
926120 Regulation and Administration of Transportation Programs
926150 Regulation, Licensing, and Inspection of Commercial Sectors
926130 Regulation and Administration of Comms, Electric, Gas, Utilities
921150 American Indian and Alaska Native Tribal Governments
921190 Other General Government Support
921110 Executive Offices
Custom 4G Unlimited Mobile Broadband Plan with Mobile Broadband Priority and Preemption
for National Security, Public Safety, and First Responders
Government Liable Subscribers Only
The plan below reflects the monthly access charge discount. No additional discounts apply.
Only 4G LTE GSM/UMTS global-capable devices can be activated on this plan.
Monthly Access Fee $39.99
Domestic Data Allowance(1) Unlimited
NOTE: No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G
Extended networks, while available. (1) Data usage on this rate plan is not subject to speed reductions (“throttling”) within a given billing
cycle. However, in the event data usage exceeds 25GB each billing cycle for three (3) consecutive billing cycles, data throughput
speeds will automatically be reduced to 600kbps for data usage exceeding 25GB per billing cycle on a go-forward basis. Data usage
for actively engaged and deployed fire, police, emergency medical technicians, emergency management agency, and assigned federal
law enforcement users on this plan will not be subject to speed reductions regardless of data usage during any billing cycle. To ensure
users are able to maximize their high-speed data use for business applications, video applications will stream at 720p. This service plan
includes Mobile Broadband Priority and Preemption. Mobile Broadband Priority ensures customers can connect to the network with
priority by leveraging a pool of radio resources dedicated to enable their connection. Mobile Broadband Priority identifies the user with
an Access Priority setting, giving them higher priority for network access than lower Access Class users. Preemption automatically
activates to provide approved personnel uninterrupted access to the network in those uncommon times when the network is fully utilized.
4.B.b
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Page 16 of 34
911 calls are never preempted. Devices utilized in conjunction with this plan are limited to mobile device applications. Dedicated internet
connections (including but not limited to, stationary wireless networking router devices), streaming video on non-smartphone devices
(including but not limited to, body cameras and stationary video surveillance cameras), and IoT devices are expressly prohibited on this
rate plan. This plan is only available to National Security, Public Safety, and First Responder customers only as defined by the following
NAICS (formerly SIC) Codes: (PP# 20300)
621910 Ambulance Services
922110 Courts
922120 Police Protection
922130 Legal Counsel and Prosecution
922140 Correctional Institutions
922150 Parole Offices and Probation Offices
922160 Fire Protection (except private)
922190 Other Justice, Public Order, and Safety Activities
923120 Administration of Public Health Programs
928110 National Security
926120 Regulation and Administration of Transportation Programs
926150 Regulation, Licensing, and Inspection of Commercial Sectors
926130 Regulation and Administration of Comms, Electric, Gas, Utilities
921150 American Indian and Alaska Native Tribal Governments
921190 Other General Government Support
921110 Executive Offices
Custom Unlimited Basic Phone Plan for
National Security, Public Safety, and First Responders
Government Liable Subscribers Only
The plan below reflects the monthly access charge discount. No additional discounts apply.
Monthly Access Fee $22.99
Monthly Minutes in U.S Unlimited
Domestic Data Allowance 100MB
Domestic Messaging Allowance Unlimited
Domestic Data Overage $10.00 per GB
NOTE: No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G
Extended networks, while available. This service plan is available to National Security, Public Safety, and First Responder customers
only as defined by the following NAICS (formerly SIC) Codes: (PP# 16810)
621910 Ambulance Services
922110 Courts
922120 Police Protection
922130 Legal Counsel and Prosecution
922140 Correctional Institutions
922150 Parole Offices and Probation Offices
922160 Fire Protection (except private)
922190 Other Justice, Public Order, and Safety Activities
923120 Administration of Public Health Programs
928110 National Security
926120 Regulation and Administration of Transportation Programs
926150 Regulation, Licensing, and Inspection of Commercial Sectors
926130 Regulation and Administration of Comms, Electric, Gas, Utilities
921150 American Indian and Alaska Native Tribal Governments
921190 Other General Government Support
921110 Executive Offices
Custom Unlimited Push to Talk Only Plan for
National Security, Public Safety, and First Responders
Government Liable Subscribers Only
The plan below reflects the monthly access charge discount. No additional discounts apply.
Monthly Access Fee $17.99
Monthly Push to Talk Minutes Unlimited
Domestic Voice Per Minute Rate $0.25
NOTE: No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G
Extended networks, while available. This service plan is available to National Security, Public Safety, and First Responder customers
only as defined by the following NAICS (formerly SIC) Codes: (PP#96626/4G Only – PP#96625 3G/4G)
621910 Ambulance Services
922110 Courts
922120 Police Protection
922130 Legal Counsel and Prosecution
922140 Correctional Institutions
922150 Parole Offices and Probation Offices
922160 Fire Protection (except private)
922190 Other Justice, Public Order, and Safety Activities
923120 Administration of Public Health Programs
928110 National Security
926120 Regulation and Administration of Transportation Programs
926150 Regulation, Licensing, and Inspection of Commercial Sectors
926130 Regulation and Administration of Comms, Electric, Gas, Utilities
921150 American Indian and Alaska Native Tribal Governments
921190 Other General Government Support
921110 Executive Offices
4.B.b
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Page 17 of 34
Mobile Broadband Priority Feature for
National Security, Public Safety, and First Responders
Government Liable Subscribers Only
Monthly Access Fee Per MDN $0.00
NOTE: Mobile Broadband Priority ensures customers can connect to the network with priority by leveraging a pool of radio resources
dedicated to enable their connection. Mobile Broadband Priority identifies the user with an Access Priority setting, giving them higher
priority for network access than lower Access Class users. This feature is available to National Security, Public Safety, and First
Responder customers only as defined by the following NAICS (formerly SIC) Codes:
621910 Ambulance Services
922110 Courts
922120 Police Protection
922130 Legal Counsel and Prosecution
922140 Correctional Institutions
922150 Parole Offices and Probation Offices
922160 Fire Protection (except private)
922190 Other Justice, Public Order, and Safety Activities
923120 Administration of Public Health Programs
928110 National Security
926120 Regulation and Administration of Transportation Programs
926150 Regulation, Licensing, and Inspection of Commercial Sectors
926130 Regulation and Administration of Comms, Electric, Gas, Utilities
921150 American Indian and Alaska Native Tribal Governments
921190 Other General Government Support
921110 Executive Offices
Verizon Wireless Preemption Service Feature for
National Security, Public Safety, and First Responders
Government Liable Subscribers Only
Monthly Access Fee Per MDN $0.00
NOTE: Preemption Service (“Preemption”) is a capability that reallocates network resources to customers so that they can connect in
emergencies. In those uncommon times when the network is fully utilized, Preemption automatically activates to provide approved
personnel uninterrupted access to the network. It helps ensure our national security, public safety, and first responder customers can
continue to communicate with each other during times of high network use. Preemption capability is available on the Verizon Wireless
3G, 4G and LTE data network. While Preemption capability may also be available on the networks of Verizon Wireless’s domestic
roaming partners, Verizon Wireless makes no representation of Preemption availability or reliability on such networks. Preemption is
limited to select service rate plans and cannot be used in conjunction with devices or service plans utilized with dedicated internet
connections (including but not limited to, stationary wireless networking router devices), streaming video on non-smartphone devices
(including but not limited to, body cameras and stationary video surveillance cameras), and IoT devices are expressly prohibited from
using this feature. Please note: Calls to 911 are never preempted. This feature is available to National Security, Public Safety, and First
Responder customers only as defined by the following NAICS (formerly SIC) Codes:
621910 Ambulance Services
922110 Courts
922120 Police Protection
922130 Legal Counsel and Prosecution
922140 Correctional Institutions
922150 Parole Offices and Probation Offices
922160 Fire Protection (except private)
922190 Other Justice, Public Order, and Safety Activities
923120 Administration of Public Health Programs
928110 National Security
926120 Regulation and Administration of Transportation Programs
926150 Regulation, Licensing, and Inspection of Commercial Sectors
926130 Regulation and Administration of Comms, Electric, Gas, Utilities
921150 American Indian and Alaska Native Tribal Governments
921190 Other General Government Support
921110 Executive Offices
Wireless Priority Service (WPS)
Discounted Monthly Access Fee $0.00
Discounted Feature Initiation Charge $0.00
Per Minute of Use Charge $0.00
NOTE: Wireless Priority Service Access (WPS Access) is subject to the terms and conditions of your customer agreement and calling
plan. WPS Access functions on a limited portion of the Verizon Wireless owned and operated networks, and is available only to
individuals authorized by the Office of the Manager National Communications System (NCS). WPS Access provides end users with the
ability to be placed into a queue for the next available wireless voice channel ahead of end users not subscribing to WPS Access.
Verizon Wireless makes no assurances regarding waiting times associated with WPS, nor can Verizon Wireless ensure that WPS
Access calls will be connected. Contact your Verizon Wireless representative for complete details on WPS Access.
4.B.b
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GSA Schedule 70: Contract GS-35F-0119P
Page 18 of 34
Private Core Service for
National Security, Public Safety, and First Responders
Government Liable Subscribers Only
Monthly Access Fee $0.00
Verizon Wireless Private Core Service for National Security, Public Safety, and First Responders (“Private Core”): Private Core
separates wireless data communications from commercial and consumer traffic on our network. This service is available to National
Security, Public Safety, and First Responder customers only as defined by the following NAICS (formerly SIC) Codes:
National Security/ First Responders / Public Safety
• 621910 Ambulance Service
• 922110 Courts
• 922120 Police Protection
• 922130 Legal Counsel and Prosecution
• 922140 Correctional Institutions
• 922150 Parole Offices and Probation Offices
• 922160 Fire Protection (except private)
• 922190 Other Justice, Public Order and Safety Activities
• 928110 National Security
• 921190 Other General Government Support
• 921110 Executive Offices
• 921150 American Indian/Alaska Native Tribal Governments
Water
• 924110 Water Infrastructure
• 221320 Sewage Treatment Facilities
• 221310 Water Supply and Irrigation Systems
Transportation
• 482111 Railway Transportation
• 481111 Passenger Air Transportation
• 481112 Freight Air Transportation
• 483111 Shipping Transportation
• 926120 Transportation Administration
• 491110 Postal Service
• 926120 Public Transportation
• 926120 Regulation and Administration of Transportation Programs Information Technology
• 541512 Computer Integration
• 541519 Computer Disaster Recovery
Chemical
• 561612 Protective Services
• 541330, 541690 Chemical Engineering and Consulting
• 239210 Pharmaceutical
Communications
• 517110 Telecommunications, Wired
• 517212 Cellular and other Wireless Telecommunications
• 238210, 334290 and 561620 Alarm Systems
Critical Manufacturing
• 237310 Highway, Street and Bridge Construction
• 811310 Industry Equipment Repair
• 236210 Industrial Building Construction
• 211113 Extraction; 236220 Construction Management
• 926150 Regulation, Licensing and Inspection of
Miscellaneous Commercial Sectors Energy
• 333611 Wind Turbine
• 221111 Hydroelectric Power Generation
• 221122 Electric Power Distribution
• 221118 Other Electric Power Generation
• 221210 Natural Gas Distribution
• 926130 Regulation and Administration of Communications,
Electric, Gas and Other Utilities
• 221113 Nuclear Electric Power Generation
• 562211 Hazardous Waste Treatment and Disposal
Healthcare and Public Health
• 621112 Health Care Practitioners
• 923120 Public Health Programs
4G LTE Private Network Traffic Management (PNTM)
Government Subscribers Only
Metered Data Pricing only. Not compatible with Unlimited Data Plans
The plans below reflect any applicable discount. No additional discounts apply.
Class of Service (“CoS”) Customer can allocate bandwidth for applications into the Mission Critical CoS according to the
PNTM Service Option selected.
Mission Critical CoS Applications Recommended for video, Voice over IP, interactive services, and other mission critical
applications.
Best Effort CoS Applications Suitable for best effort applications (e.g. email, web browsing)
PNTM Service Options: Enhanced
(Entry Level)
Premium
(Mid Level)
Public Safety
(Highest Level)
(Qualifying Public Safety NAICS Only)
Monthly Access Fee (per line) Waived - $0.00 Waived - $0.00 Waived - $0.00
Mission Critical CoS Speeds Mapped Up to 0.5 Mbps Mapped Up to 2 Mbps Mapped Up to 2 Mbps
Best Effort CoS Applications
Speeds
Remaining available
4G LTE bandwidth
Remaining available
4G LTE bandwidth
Remaining available
4G LTE bandwidth
RF Priority on access network N/A N/A During heavy network
usage periods
4.B.b
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GSA Schedule 70: Contract GS-35F-0119P
Page 19 of 34
Qualifying Public Safety NAICS: Public Safety Subscribers classified with the following NAICS codes, performing First Responder
responsibilities only. The Public Safety PNTM service option is not an on demand service. The Public Safety PNTM must be provisioned
on the account prior to use in the event of an emergency situation.
621910 Ambulance Services
922110 Courts
922120 Police Protection
922130 Legal Counsel and Prosecution
922140 Correctional Institutions
922150 Parole Offices and Probation Offices
922160 Fire Protection (except private)
922190 Other Justice, Public Order, and Safety Activities
923120 Administration of Public Health Programs
928110 National Security
926120 Regulation and Administration of Transportation Programs
926150 Regulation, Licensing, and Inspection of Commercial Sectors
926130 Regulation and Administration of Comms, Electric, Gas, Utilities
921150 American Indian and Alaska Native Tribal Governments
921190 Other General Government Support
921110 Executive Offices
NOTE: 4G LTE Private Network subscribers with unlimited data plans are ineligible for Private Network Traffic Management. This
service is only available while on Verizon Wireless’ 4G network and is not available while roaming. VZ Private IP (MPLS) connectivity
is recommended and may be required. PNTM relies on customer’s applications (VoIP, video, etc.) to appropriately mark IP sessions
in order to prioritize their application over the 4G LTE Private Network using Internet Protocol Differentiated Services Code Point (IP
DSCP). PNTM 4G LTE device must be certified for use on the Verizon Wireless network (e.g. Open Development/Open Access
certified, validated for Private Network and Private Network Traffic Management.)
Machine-to-Machine Data Plans
Mobile Broadband Machine-to-Machine Share Plans – Low Usage
These plans are not eligible for monthly access fee discounts.
Mobile Broadband Machine-to-Machine Plans: 1
Megabyte
5
Megabytes
25
Megabytes
50
Megabytes
150
Megabytes
Domestic Shared Data Allowance Per Month 1 MB 5 MB 25 MB 50 MB 150 MB
Monthly Access Charge $5.00 $7.00 $10.00 $15.00 $18.00
Overage Rate Per Megabyte $1.00
National Access Roaming Per Kilobyte $0.002 per Kilobyte(Canada)/$0.005 per Kilobyte (Mexico) Mobile Broadband Machine-to-Machine Share Plans – High Usage
The calling plans below reflect the monthly access charge discount. No additional discounts apply.
Mobile Broadband Machine-to-Machine Plans: 250 Megabytes 1 Gigabyte 5 Gigabytes 10 Gigabytes
Domestic Shared Data Allowance Per Month 250 MB 1 GB 5 GB 10 GB
Monthly Access Charge $20.00 $25.00 $37.50 $60.00
Overage Rate Per Megabyte $0.015
National Access Roaming Per Kilobyte $0.002 per Kilobyte(Canada)/$0.005 per Kilobyte (Mexico)
NOTE: Verizon Wireless Calling Plan and Features Details apply. Government Subscribers can supply their own authenticated
Equipment (CPE) to be activated on these plans. A select number of 4G USB Modem, MiFi and Jetpack devices are available for use
with these plans. Please note device pricing in the Equipment Matrix, section 6.0 below does not reflect the price of equipment that can
be activated on these plans. All equipment is open market. Sharing: Sharing is available only among Government Subscribers to these
Custom Telemetry Megabyte Share Plans (Low Usage and High Usage plans cannot share with each other). Unused KBs will be
distributed proportionally as a ratio of the KBs needed by each applicable Telemetry Unit to the total KBs needed by all sharing Telemetry
Units. Each sharing Subscriber’s unused KBs will pass to other sharing Subscribers that have exceeded their MB allowance, during the
same monthly billing period.
Machine to Machine (M2M) Tiered Plan
The Machine to Machine Tiered Data Plan is not eligible for additional discounts.
Monthly Access Charge per Line Data Usage Tiers (MBs) Price/MB
$0.75*
<100 MB $ 5.50
100-199 MB $ 4.00
200-299 MB $ 3.50
300-399 MB $ 3.00
400-499 MB $ 2.75
500-999 MB $ 2.50
1,000+ MB $ 2.25
4.B.b
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GSA Schedule 70: Contract GS-35F-0119P
Page 20 of 34
Note: Machine to Machine coverage included the Verizon Wireless 4G, 3G and 3G Extended networks. All lines on this Plan must be
on a separate account profile from Customer's other Voice, Data and Machine to Machine lines. Billing system limitations may require
lines to be set up on multiple billing accounts. Detailed billing information will only be available online and the account will require its
own unique log in credentials. All charges will be billed in arrears and data usage will be rated and billed in KBs (For example, data
usage in the 100MB-199MB tier will be rated between 102,400KB and 204,800KB). Data usage from all lines active, at any time during
the bill cycle, on the this plan will be aggregated to determine the applicable data usage tier for that month and each line will then be
billed for its usage at that rate. *Customer must maintain a minimum of 200 M2M Lines on this plan otherwise all usage on the plan will
be charged at $5.50 per MB.
4G Mobile Broadband Machine-to-Machine (M2M) Wireless Backup Router Plan:
Government Subscribers Only
This plan is not eligible for monthly access fee discounts.
3G/4G M2M Wireless Backup Router Plan
Monthly Access Fee (non-pooled) $10.00 (86848)
Domestic Data Allowance Per Month 25 MB
Share Option N/A
Domestic Overage Rate Per GB $10.00 per GB
Domestic Voice Rate Per Minute $0.25 per minute (Device Dependent)
Text Messaging Per Message $0.20 per message sent or received (Device Dependent)
Domestic & International Roaming N/A
Notes: Data usage on this plan is restricted to Verizon Wireless network use only; roaming is not available. During an outage of the
primary connection, all usage within the billing cycle in excess of the 25 MB allowance will be charged at the overage rate of $10.00
per GB. Text messaging feature packages may be added to this plan. The Wireless Router Plan is approved for use as a backup
solution for business continuity only and is not to be used for primary connectivity. M2M Wireless Backup Router Plan may be used
with Private Network. M2M router devices must be approved for use on Verizon Wireless’ network; no other device types may be
activated on this plan.
Custom 4G Machine to Machine Plans for North America*
These plans are not eligible for monthly access fee discounts.
Monthly Access Fee
Data Allowance
(For usage in US, Canada and
Mexico**)
Overage Rate
Share Option
$15.00 50 MB
$25.00 per additional 100 MB
Not Available $20.00 100 MB
$40.00 200 MB
Note: *Plan requires 4G LTE GSM/UMTS global capable device. **The Custom 4G M2M North American Plan data allowance and
service is limited to the US, Mexico and Canada where coverage is available. Customer must provide its own equipment when activating
service on M2M plans or may purchase Equipment at full retail price. Customer may not have more than 10% of its total annual data
usage across all data-only plans in any one country outside of the United States.
Custom 3G/4G Machine to Machine SharePlan
This plan is NOT eligible for monthly access fee discounts.
M2M Line Tiers Monthly Access Shared Data Allowance Overage Rate
500 – 4,999 $7.00 50 MB
$9.98 per GB
5,000 – 9,999 $6.75
10,000+ $6.50
500 – 4,999 $8.00
100 MB
5,000 – 9,999 $7.75
10,000+ $7.50
500 – 4,999 $9.00
200 MB
5,000 – 9,999 $8.75
10,000+ $8.50
4.B.b
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GSA Schedule 70: Contract GS-35F-0119P
Page 21 of 34
Note: This Plan is restricted to Verizon Wireless 3G and 4G network use only; domestic roaming not available. 4G service requires 4G
equipment and 4G coverage. Customer must provide its own equipment when activating service on Machine to Machine data plans,
or may purchase Equipment at full retail price. If Customer’s total number of M2M lines exceeds the highest number in the range of the
tier upon which its monthly access fees are then being based, upon written notice from Customer, Verizon Wireless will change the
monthly access fees to be based upon the tier in which Customer’s total number of M2M lines then falls. If Customer’s total number of
M2M lines falls below the lowest number in the range of the tier upon which its monthly access fees are then being based, Verizon
Wireless reserves the right to change the monthly access fees to be based upon the tier in which Customer’s total number of M2M
Lines then falls. Data Sharing: Sharing among M2M Lines is available only among M2M Lines active on this Plan. At the end of each
bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the
same account beginning with the line with the lowest overage need.
Calling Features
Calling Plan Features are not eligible for any additional discounts
Included Features
(no additional monthly fee)
Call Waiting*, Call Forwarding, Three Way Calling*, No Answer/Busy Transfer, Caller ID**,
Basic Voice Mail with Message Waiting Indicator***, Basic Mobile Messenger††, and 411
ConnectSM‡ (Airtime and other charges may apply.)
The following features may be added to calling plans as identified below.
Unless indicated, fees are per month in addition to the calling plan monthly access fee and no further discounts apply.
TXT Messaging &
Enhanced TXT Messaging3
$2.99 (100 TXT
msgs. included)
$4.99 (250 TXT
msgs. included)
$7.99 (600 TXT
msgs. included)
$10.00 (Unlimited
TXT/PIX/FLIX msgs.
included)
$0.02 per additional inbound message / $0.10 per additional outbound message per address
Get Pix - Picture Messaging4 $2.99 (20 picture messages included) $4.99 (40 picture messages included)
$0.25 per additional message
International Roaming6
Global Phone
Zone 1 Countries $0.69/ minute
Zone 2 Countries $1.99/ minute
Verizon Wireless International Long Distance Value Plan $3.99 plus applicable airtime and long distance charges
VZ Navigator
$9.99 Monthly plus airtime charges
(airtime charges are incurred during downloading, rerouting, and
point of interest lookup).
2Nights and Weekends terms and conditions apply. Calling plans with Nights and Weekend minutes included, do not qualify for additional
Nights and Weekend minutes in this table. 3TXT Messaging terms and conditions apply. 4Get Pix terms and conditions apply. 5Mobile
Web terms and conditions apply. 6Global Phone terms and conditions apply and requires the Global Phone handset. Please contact
your Verizon Wireless representative for the most current offer.
Verizon Wireless Field Force Manager
Optional Feature Access Charge – Basic* $23.99
Optional Feature Access Charge – Premium $39.99
NOTE: *Optional Features may be added onto an eligible calling plan with a monthly access Charge of $34.99 or higher. Field Force
Manager: By purchasing the Field Force Manager feature Customer consents to the tracking of Field Force Manager Equipment and
must obtain authorized consent to tracking from all users and affected persons. No guarantee of accuracy of information transmitted,
disclosed, displayed or otherwise conveyed or used. Service could be interrupted or disrupted due to atmospheric conditions, inaccurate
ephemeris data and other factors associated with use of satellites and satellite data. Airtime for Field Force Manager service is included
in the Monthly Charge and its use is subject to the Unlimited VZAccess terms and conditions. Not all devices are eligible to Field Force
Manager.
4.B.b
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GSA Schedule 70: Contract GS-35F-0119P
Page 22 of 34
Verizon Wireless’ pricing does not include federal, state, local or foreign fees, assessments or other charges
(collectively “fees”), which must be billed based on the jurisdiction in which the subscriber’s cellular number is
set up and located. Fees vary by state and local areas and are subject to change without notice.
Verizon Wireless cannot provide a comprehensive list of all charges and regulatory fees required and assessed
when using a wireless device because they vary greatly from one jurisdiction to another.
In addition to taxes, surcharges and fees that we are required to collect, we will also collect charges to recover
or help defray costs of taxes and governmental surcharges and fees imposed on us, and costs associated with
governmental regulations and mandates on our business. These charges include, among others, a Regulatory
Charge and a Federal Universal Service Charge, and are described below in more detail. These charges are
Verizon Wireless charges, not taxes, and are subject to change. Because these charges are not taxes, your tax
exemptions, if any, will not apply to these charges.
Federal Universal Service Fee
Wireless carriers are assessed by the federal government to fund the delivery of universally-affordable
telecommunications and information services under the Federal Universal Service Fund (FUSF) program.
The Federal Universal Service Charge (FUSC) is a percentage of the customer’s applicable monthly wireless
service charges based upon an assessment rate that changes quarterly. The rate for the quarter beginning –
January 1, 2018 is 5.46% of the following items:
Cellular Access for voice calling plans (only on first 79% of this item)
Verizon Wireless Toll
Roaming Charges
Activation Charges
Re-connect fees
Landline Connect Fee
TXT Messaging monthly service
TXT Messaging usage
Airtime usage for voice calls
Mobile to Mobile feature
Night and weekends feature
Toll free feature
The FUSC on other separately billed interstate and international long distance charges is 20.00%. The quarterly
percentage rate for the FUSC is applied in our billing system. Verizon Wireless also imposes state universal
service charges. These charges vary by jurisdiction and are subject to change depending on changes in the
state universal service impositions on Verizon Wireless.
Regulatory Charge
The FCC assesses wireless carriers the costs of enforcement, policy and rulemaking. The Regulatory Fee
recovers Verizon Wireless’ share of these costs, as well as some of the costs of implementing regulatory
mandates, such as number portability. The Regulatory Charge is a flat charge of $0.21 per Mobile Telephone
Number (MTN) per month (excluding Mobile Broadband and NationalAccess Plans) and is $0.02 per mobile
number per month for Mobile Broadband and NationalAccess Plans, but is subject to change over time.
Regulatory fees impacting the wireless industry are constantly evolving and are subject to change without notice.
For more information you can visit the FCC’s website at www.fcc.gov.
The FUSC and Regulatory Charge are included in the “Verizon Wireless Surcharges” section of the bill.
Regulatory Surcharges and Fees
4.B.b
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GSA Schedule 70: Contract GS-35F-0119P
Page 23 of 34
Information for Ordering Activities
6. Liability for Injury or Damage
The Contractor shall not be liable for any injury to ordering activity personnel or damage to ordering
activity property arising from the use of equipment maintained by the Contractor, unless such injury or
damage is due to the fault or negligence of the Contractor.
7. Statistical Data for Government Ordering Office Completion of Standard Form 279
Block 9: G. Order/Modification Under Federal Schedule
Block 16: Data Universal Numbering System (DUNS) Number: 968904698
Block 30: Type of Contractor - C. Large Business
Block 31: Woman-Owned Small Business - No
Block 36: Contractor's Taxpayer Identification Number (TIN): 223372889
2a. CAGE Code: 1HWU7
2b. Contractor has registered with the SAM Database.
8. FOB Destination
9. Delivery Schedule
a. TIME OF DELIVERY: The Contractor shall deliver to destination within the number of calendar days
after receipt of order (ARO), as set forth below:
SPECIAL ITEM NUMBER: 132-53 DELIVERY TIME (Days ARO): 5 days
b. URGENT REQUIREMENTS: When the Federal Supply Schedule contract delivery period does not
meet the bona fide urgent delivery requirements of an ordering activity, ordering activities are
encouraged, if time permits, to contact the Contractor for the purpose of obtaining accelerated delivery.
The Contractor shall reply to the inquiry within 3 workdays after receipt. (Telephonic replies shall be
confirmed by the Contractor in writing.) If the Contractor offers an accelerated delivery time acceptable
to the ordering activity, any order(s) placed pursuant to the agreed upon accelerated delivery time frame
shall be delivered within this shorter delivery time and in accordance with all other terms and conditions
of the contract.
10. Discounts: Prices shown are NET Prices; Basic Discounts have been deducted.
a. Prompt Payment: NONE___% - ___ days from receipt of invoice or date of acceptance, whichever
is later.
b. Quantity NONE
c. Dollar Volume NONE
d. Government Educational Institutions NONE
e. Other NONE
11. Trade Agreements Act of 1979, as amended:
This Contract is for commercial wireless service. To the extent that Verizon Wireless provides products
on the open market, such products are manufactured by third parties and may contain elements or
components produced in foreign countries.
12. Statement Concerning Availability of Export Packing: N/A
13. Small Requirements: The minimum dollar value of orders to be issued is $7.99.
14. Maximum Order: (All dollar amounts are exclusive of any discount for prompt payment.)
The Maximum Order value for the following Special Item Numbers (SINs) is $500,000:
Special Item Number 132-53 – Wireless Services
4.B.b
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GSA Schedule 70: Contract GS-35F-0119P
Page 24 of 34
15. Ordering Procedures for Federal Supply Schedule Contracts
Ordering activities shall use the ordering procedures of Federal Acquisition Regulation (FAR) 8.405 when
placing an order or establishing a BPA for supplies or services. These procedures apply to all schedules.
a. FAR 8.405-1 Ordering procedures for supplies, and services not requiring a statement of work.
b. FAR 8.405-2 Ordering procedures for services requiring a statement of work.
16. Federal Telecommunication standards (FED-STDS):
Telecommunication products under this Schedule that do not conform to Federal Telecommunication
Standards (FED-STDS) should not be acquired unless a waiver has been granted in accordance with the
applicable "FED-STD." Federal Telecommunication Standards are issued by the U.S. Department of
Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act.
Ordering information and information concerning the availability of FED-STDS should be obtained from
the GSA, Federal Supply Service, Specification Section, 470 East L’Enfant Plaza, Suite 8100, SW,
Washington, DC 20407, telephone number (202)619-8925. Please include a self-addressed mailing
label when requesting information by mail. Information concerning their applicability can be obtained by
writing or calling the U.S. Department of Commerce, National Institute of Standards and Technology,
Gaithersburg, MD 20899, telephone number (301)975-2833.
17. Contractor Tasks/Special Requirements (C-FSS-370) (NOV 2001)
(a) Security Clearances: The Contractor may be required to obtain/possess varying levels of security
clearances in the performance of orders issued under this contract. All costs associated with
obtaining/possessing such security clearances should be factored into the price offered under the
Multiple Award Schedule.
(b) Travel: The Contractor may be required to travel in performance of orders issued under this contract.
Allowable travel and per diem charges are governed by Pub .L. 99-234 and FAR Part 31, and are
reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under the
Multiple Award Schedule. The Industrial Funding Fee does NOT apply to travel and per diem charges.
NOTE: Refer to FAR Part 31.205-46 Travel Costs, for allowable costs that pertain to official company
business travel in regards to this contract.
(c) Certifications, Licenses and Accreditations: As a commercial practice, the Contractor may be
required to obtain/possess any variety of certifications, licenses and accreditations for specific
FSC/service code classifications offered. All costs associated with obtaining/ possessing such
certifications, licenses and accreditations should be factored into the price offered under the Multiple
Award Schedule program.
(d) Insurance: As a commercial practice, the Contractor may be required to obtain/possess insurance
coverage for specific FSC/service code classifications offered. All costs associated with
obtaining/possessing such insurance should be factored into the price offered under the Multiple Award
Schedule program.
(e) Personnel: The Contractor may be required to provide key personnel, resumes or skill category
descriptions in the performance of orders issued under this contract. Ordering activities may require
agency approval of additions or replacements to key personnel.
(f) Organizational Conflicts of Interest: Where there may be an organizational conflict of interest as
determined by the ordering agency, the Contractor’s participation in such order may be restricted in
accordance with FAR Part 9.5.
(g) Documentation/Standards: The Contractor may be requested to provide products or services in
accordance with rules, regulations, OMB orders, standards and documentation as specified by the
agency’s order.
(h) Data/Deliverable Requirements: Any required data/deliverables at the ordering level will be as
specified or negotiated in the agency’s order.
4.B.b
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GSA Schedule 70: Contract GS-35F-0119P
Page 25 of 34
(i) Government-Furnished Property: As specified by the agency’s order, the Government may provide
property, equipment, materials or resources as necessary.
(j) Availability of Funds: Many Government agencies’ operating funds are appropriated for a specific
fiscal year. Funds may not be presently available for any orders placed under the contract or any option
year. The Government’s obligation on orders placed under this contract is contingent upon the
availability of appropriated funds from which payment for ordering purposes can be made. No legal
liability on the part of the Government for any payment may arise until funds are available to the ordering
Contracting Officer.
18. Contract Administration for Ordering Activities:
Any ordering activity, with respect to any one or more delivery orders placed by it under this contract,
may exercise the same rights of termination as might the GSA Contracting Officer under provisions of
FAR 52.212-4, paragraphs (l) Termination for the ordering activity’s convenience, and (m) Termination
for Cause (See C.1.)
19. GSA Advantage!
GSA Advantage! is an on-line, interactive electronic information and ordering system that provides on-
line access to vendors' schedule prices with ordering information. GSA Advantage! will allow the user
to perform various searches across all contracts including, but not limited to:
(1) Manufacturer;
(2) Manufacturer's Part Number; and
(3) Product categories.
Agencies can browse GSA Advantage! at https://www.gsaadvantage.gov/
20. Purchase of Open Market Items
NOTE: Open Market Items are also known as incidental items, noncontract items, non-Schedule items,
and items not on a Federal Supply Schedule contract.
For administrative convenience, an ordering activity contracting officer may add items not on the Federal
Supply Multiple Award Schedule (MAS) -- referred to as open market items -- to a Federal Supply
Schedule blanket purchase agreement (BPA) or an individual task or delivery order, only if-
(1) All applicable acquisition regulations pertaining to the purchase of the items not on the Federal Supply
Schedule have been followed (e.g., publicizing (Part 5), competition requirements (Part 6), acquisition of
commercial items (Part 12), contracting methods (Parts 13, 14, and 15), and small business programs
(Part 19));
(2) The ordering activity contracting officer has determined the price for the items not on the Federal
Supply Schedule is fair and reasonable;
(3) The items are clearly labeled on the order as items not on the Federal Supply Schedule; and
(4) All clauses applicable to items not on the Federal Supply Schedule are included in the order.
21. Contractor Commitments, Warranties and Representations
a. For the purpose of this contract, commitments, warranties and representations include, in addition to
those agreed to for the entire schedule contract:
(1) Time of delivery/installation quotations for individual orders;
(2) Technical representations and/or warranties of products concerning performance, total
system performance and/or configuration, physical, design and/or functional characteristics and
capabilities of a product/equipment/ service/software package submitted in response to
requirements which result in orders under this schedule contract.
(3) Any representations and/or warranties concerning the products made in any literature,
description, drawings and/or specifications furnished by the Contractor.
b. The above is not intended to encompass items not currently covered by the GSA Schedule contract.
22. Overseas Activities
4.B.b
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GSA Schedule 70: Contract GS-35F-0119P
Page 26 of 34
The terms and conditions of this contract shall apply to all orders for installation, maintenance and repair
of equipment in areas listed in the pricelist outside the 48 contiguous states and the District of Columbia,
except as indicated below:
Not Applicable
Upon request of the Contractor, the ordering activity may provide the Contractor with logistics support,
as available, in accordance with all applicable ordering activity regulations. Such ordering activity
support will be provided on a reimbursable basis, and will only be provided to the Contractor's technical
personnel whose services are exclusively required for the fulfillment of the terms and conditions of this
contract.
23. Blanket Purchase Agreements (BPAs)
Federal Acquisition Regulation (FAR) 13.303-1(a) defines Blanket Purchase Agreements (BPAs) as “…a
simplified method of filling anticipated repetitive needs for supplies or services by establishing ‘charge
accounts’ with qualified sources of supply.” The use of Blanket Purchase Agreements under the Federal
Supply Schedule Program is authorized in accordance with FAR 13.303-2(c)(3), which reads, in part, as
follows: “BPAs may be established with Federal Supply Schedule Contractors, if not inconsistent with
the terms of the applicable schedule contract.”
Federal Supply Schedule contracts contain BPA provisions to enable schedule users to maximize their
administrative and purchasing savings. This feature permits schedule users to set up “accounts” with
Schedule Contractors to fill recurring requirements. These accounts establish a period for the BPA and
generally address issues such as the frequency of ordering and invoicing, authorized callers, discounts,
delivery locations and times. Agencies may qualify for the best quantity/volume discounts available
under the contract, based on the potential volume of business that may be generated through such an
agreement, regardless of the size of the individual orders. In addition, agencies may be able to secure
a discount higher than that available in the contract based on the aggregate volume of business possible
under a BPA. Finally, Contractors may be open to a progressive type of discounting where the discount
would increase once the sales accumulated under the BPA reach certain prescribed levels. Use of a
BPA may be particularly useful with the new Maximum Order feature. See the Suggested Format,
contained in this Schedule Pricelist, for customers to consider when using this purchasing tool.
24. Contractor Team Arrangements
Contractors participating in contractor team arrangements must abide by all terms and conditions of
their respective contracts. This includes compliance with Clauses 552.238-74, Contractor’s Reports of
Sales and 552.238-76, Industrial Funding Fee, i.e., each contractor (team member) must report sales
and remit the IFF for all products and services provided under its individual contract.
25. Installation, Deinstallation, Reinstallation
The Davis-Bacon Act (40 U.S.C. 276a-276a-7) provides that contracts in excess of $2,000 to which the
United States or the District of Columbia is a party for construction, alteration, or repair (including
painting and decorating) of public buildings or public works with the United States, shall contain a clause
that no laborer or mechanic employed directly upon the site of the work shall receive less than the
prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis-Bacon
Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or
services. For example, the requirements do not apply to simple installation or alteration of a public
building or public work that is incidental to furnishing supplies or equipment under a supply contract.
However, if the construction, alteration or repair is segregable and exceeds $2,000, then the
requirements of the Davis-Bacon Act apply.
The ordering activity issuing the task order against this contract will be responsible for proper
administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The
proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for
quotations is made for applicable construction classified installation, de-installation, and reinstallation
services under SIN 132-8.
26. Section 508 Compliance
4.B.b
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GSA Schedule 70: Contract GS-35F-0119P
Page 27 of 34
If applicable, Section 508 compliance information on the supplies and services in this contract are
available in Electronic and Information Technology (EIT) at the following:
http://www.verizonwireless.com/b2c/aboutUs/accessibility/index.jsp
Verizon Wireless will work with ordering agencies to assist in identifying their specific Section 508
requirements. The EIT standard can be found at: www.Section508.gov/.
Verizon Wireless is committed to providing wireless products and services that are accessible to all
people, including individuals with disabilities. Our equipment that facilitates electronic office equipment
accessibility for handicapped individuals is identified in our commercial literature and on our website at
http://www.verizonwireless.com/b2c/aboutUs/accessibility/index.jsp
Verizon Wireless does not manufacture these products. We continue to work with our vendors and
suppliers to encourage them to develop and offer solutions that will enable Verizon Wireless' products
and services to be more accessible to all. Verizon Wireless will work with ordering agencies to assist in
identifying their specific 508 requirements.
27. Prime Contractor Ordering From Federal Supply Schedules
Prime Contractors (on cost reimbursement contracts) placing orders under Federal Supply Schedules,
on behalf of an ordering activity, shall follow the terms of the applicable schedule and authorization and
include with each order –
(a) A copy of the authorization from the ordering activity with whom the contractor has the prime
contract (unless a copy was previously furnished to the Federal Supply Schedule contractor); and
(b) The following statement:
This order is placed under written authorization from _______ dated _______. In the event of any
inconsistency between the terms and conditions of this order and those of your Federal Supply Schedule
contract, the latter will govern.
28. Insurance – Work on a Government Installation (JAN 1997)(FAR 52.228-5)
(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this
contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in
the contract.
(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in
writing that the required insurance has been obtained. The policies evidencing required insurance shall
contain an endorsement to the effect that any cancellation or any material change adversely affecting
the Government's interest shall not be effective—
(1) For such period as the laws of the State in which this contract is to be performed prescribe;
or
(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer,
whichever period is longer.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts
under this contract that require work on a Government installation and shall require subcontractors to
provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor
shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available
to the Contracting Officer upon request.
29. Software Interoperability
Offerors are encouraged to identify within their software items any component interfaces that support
open standard interoperability. An item’s interface may be identified as interoperable on the basis of
participation in a Government agency-sponsored program or in an independent organization program.
Interfaces may be identified by reference to an interface registered in the component registry located at
http://www.core.gov.
4.B.b
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GSA Schedule 70: Contract GS-35F-0119P
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30. Advance Payments
A payment under this contract to provide a service or deliver an article for the United States Government
may not be more than the value of the service already provided or the article already delivered. Advance
or pre-payment is not authorized or allowed under this contract. (31 U.S.C. 3324)
Terms and Conditions Applicable to Wireless Services (Special Item Number 132-53)
31. Acceptance Testing
The CRS Verizon Wireless provides is consistent with the highest quality of commercial practices in the
industry. Verizon Wireless’ inspection system is not subject to approval by the government.
32. Equipment
The Contractor shall make available cellular voice and data devices. The cellular devices offered shall be
compatible with the cellular access standards employed within the geographical scope of contract.
The Contractor shall provide programming of any cellular telephone device, including Contractor-
provided and ordering activity-furnished devices, that conforms to the cellular service furnished by the
Contractor.
33. Warranty
The Contractor shall provide a warranty covering each Contractor-provided device. The minimum
duration of the warranty shall be the duration of the manufacturer’s commercial warranty for the item
listed below:
Verizon Wireless does not manufacture equipment and will provide the manufacturers consumer
warranty. Please contact customer service to first try to troubleshoot the problem. If it is determined that
the problem is in the hardware, a warranty repair must take place. All manufacturer’s warranty
information is shipped with each phone at the time of purchase. The warranty shall commence upon the
later of the following:
Activation of the user’s service/Installation/delivery of the equipment
If the Contractor renders warranty service by replacement, the user shall return the defective item(s) to
the Contractor as soon as possible but not later than ten (10) working days after notification.
34. Management and Operations Pricing
The Offeror shall provide management and operations pricing on a uniform basis. All management and
operations requirements for which pricing elements are not specified shall be provided as part of the
basic service.
35. Training
The Contractor shall provide normal commercial installation, operation, maintenance, and engineering
interface training on the system. If there is a separate charge, indicate below:
Verizon Wireless will provide training assistance at no charge. Please call 1-800-561-6227
36. Monthly Reports
In accordance with commercial practices, the Contractor may furnish the ordering activity/User with a
monthly summary ordering activity report.
Verizon Wireless will provide upon request by Ordering Activity.
37. Wireless Service Plan
(a) Describe the wireless service plan and eligibility requirements. Include, but not limited to, service area,
monthly service charge, minutes included, etc.
4.B.b
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GSA Schedule 70: Contract GS-35F-0119P
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See Section 5 – Wireless Calling Plans
(b) Describe charges, if any, for additional minutes, domestic wireless long distance, roaming, nights and
weekends, etc.
See Section 5 – Wireless Calling Plans
(c) Describe government volume discounts and eligibility requirements.
See Section 5 – Wireless Calling Plans
38. USA Commitment to Promote Small Business Participation Procurement Programs
PREAMBLE
Verizon Wireless provides commercial products and services to ordering activities. We are committed to
promoting participation of small, small disadvantaged and women-owned small businesses in our contracts. We
pledge to provide opportunities to the small business community through reselling opportunities, mentor-protégé
programs, joint ventures, teaming arrangements, and subcontracting.
COMMITMENT
To actively seek and partner with small businesses.
To identify, qualify, mentor and develop small, small disadvantaged and women-owned small businesses by
purchasing from these businesses whenever practical.
To develop and promote company policy initiatives that demonstrates our support for awarding contracts and
subcontracts to small business concerns.
To undertake significant efforts to determine the potential of small, small disadvantaged and women-owned
small business to supply products and services to our company.
To insure procurement opportunities are designed to permit the maximum possible participation of small, small
disadvantaged, and women-owned small businesses.
To attend business opportunity workshops, minority business enterprise seminars, trade fairs, procurement
conferences, etc., to identify and increase small businesses with whom to partner.
To publicize in our marketing publications our interest in meeting small businesses that may be interested in
subcontracting opportunities.
We signify our commitment to work in partnership with small, small disadvantaged and women-owned small
businesses to promote and increase their participation in ordering activity contracts. To accelerate potential
opportunities please contact:
Sandra Nielsen
Senior Manager - Supplier Diversity
Verizon
One Verizon Way
Basking Ridge, NJ 07920
908-559-2920
Sandra.Nielsen@VerizonWireless.com
4.B.b
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GSA Schedule 70: Contract GS-35F-0119P
Page 30 of 34
39. Terms and Conditions of Wireless Service Plans
Verizon Wireless Terms and Conditions
Calling Plans and Associated Charges: Some calling plans or monthly access price points may not be available in all markets.
Subscriber’s first partial and full month’s access will not be refunded after activation of the Wireless Service. Activation fees
are waived for all Government Subscribers. Charges for calls will be based on the cell sites used, which may be outside the
calling plan coverage area even when the Subscriber is physically within the coverage area. Time of the call is based on the
telephone switching office that carries the call, which may be different from the time of day shown on Subscriber’s phone.
Rates do not apply to credit card or operator-assisted calls, which may be required in certain areas. Usage rounded up to
the next full minute. Unused minutes and/or Megabytes are lost. On outgoing calls, charges start when Subscriber first
presses SEND or the call connects to a network, and on incoming calls, when the call connects to a network (which may be
before it rings). A call may end several seconds after Subscriber presses END or the call otherwise disconnects. Calls made
on the Verizon Wireless network, are only billed if they connect (which includes calls answered by machines). Billing for airtime
and related charges may sometimes be delayed. Calls to "911" and certain other emergency services are toll-free and
airtime-free, however, airtime may be charged when dialing toll-free numbers. All features may not be available in all Verizon
Wireless markets.
Home Airtime and Roaming: Home airtime minutes apply when making or receiving calls from a calling plan’s home rate and
coverage area. Coverage information is available at www.verizonwireless.com. Airtime is rounded up to the next full minute.
Allowance minutes/Megabytes are not transferable except as may be available on calling plans with sharing. Subscribers
must periodically dial *228 to update roaming information. Automatic roaming may not be available in all areas and rates may
vary. Roaming charges may be delayed to a later bill.
Long Distance: Unlimited domestic long distance is included when calling from the calling plan’s home rate and coverage
area, unless otherwise specified in the calling plan.
Customer’s Cell Phone Number and Caller ID. Verizon Wireless will assign one Mobile Telephone Number (“MTN”) to each
Subscriber line. Other than as required to port an MTN, Customer does not have any property right in the MTN and Verizon
Wireless may change, reassign, or eliminate an MTN upon reasonable notice to Customer under certain circumstances,
including fraud prevention, area code changes and regulatory or statutory law enforcement requirements.
Verizon Wireless Calling Plan Optional Services: Additional fees may be required as per the individual calling plans.
Verizon Wireless Calling Plan Included Features
Call Waiting 1,6 Three Way Calling 1,6
Call Forwarding 6 No Answer/ Busy Transfer 6
Caller ID 2,6 Basic Voice Mail 3,6
411 Connectsm 4,6 (Directory Assistance) Basic TTXT Messaging 5
1Airtime charges apply to all calls simultaneously.
2When making a call, Subscriber’s MTN may be displayed to the receiving party with Caller ID capable Equipment. Caller ID service may not
be available outside home airtime rate and coverage areas, and may not be compatible with certain enhanced features. Caller ID can be
blocked for most calls by dialing *67 before each call, or by ordering per-line call blocking where available. Calls to some numbers, such as
toll-free numbers, cannot be blocked.
3Airtime charges apply to message retrieval.
4411 Connect, directory assistance with automatic call completion is subject to a per call fee plus airtime charges. Directory assistance rates
are subject to change.
5TXT Messaging offered at the prevailing rate, currently $0.02 per inbound and $0.10 per outbound message per address. TXT message
charges are subject to change.
6Feature not included on NationalAccess and BroadbandAccess Unlimited or Megabyte (MB) calling plans at no charge, but are available at
the prevailing Verizon Wireless rates.
Push to Talk Plus: Push to Talk Plus (PTT+) capable Equipment required. Push to Talk Plus capable Equipment can only be
used with a Push to Talk Plus calling plan. Subscribers switching from a Push to Talk Plus Calling Plan to another calling
plan may not be able to use certain Push to Talk Plus capable Equipment with the new plan. Push to Talk Plus calls may
only be made with other Verizon Wireless Push to Talk Plus subscribers. Push to Talk Plus Subscribers may initiate or
participate on a call, simultaneously, with as many as 250 total participants (total is limited to (50) if interoperating between
3G and 4G participants). Administrators can be designated to manage the Push to Talk contact lists via a single website
interface with a single user name/password. . Existing Push to Talk Subscriber Equipment may require a software upgrade
to use Push to Talk Plus or replacement with a Push to Talk Plus capable device. Push to Talk Plus is only available within
the National Enhanced Services Rate and Coverage Area and WiFi access points. There will be a delay from the time a Push
to Talk Plus call is initiated until the Push to Talk Plus call is first received by the called party. If an incoming voice call is
received while on a Push to Talk Plus call the voice call may be answered and the Push to Talk Plus placed on hold. If an
incoming Push to Talk Plus call is received while on a Push to Talk Plus call the PTT call icon can be selected to connect to
the Push to Talk Plus call. If the incoming voice or Push to Talk Plus call is not answered a missed call alert will display.
Network registration information will be sent to the Equipment each time it is powered on in the National Enhanced Services
Rate and Coverage Area, each time the Subscriber travels into the National Enhanced Services Rate and Coverage Area, and
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every 12 hours if the Subscriber stays within the National Enhanced Services Rate and Coverage Area. While the updated
network registration information is being sent to the Equipment, incoming voice calls will go directly to voice mail. Contact
list cannot be modified from certain Equipment. Subscriber cannot prevent others who have the Subscriber’s MTN from
entering the MTN into their Push to Talk contact list. Only one person can speak at a time during a Push to Talk Plus call. In-
Call Talker Override (Talker Priority) allows a pre-determined user priority to take the floor to communicate urgent message
over participant. Push to Talk Plus services cannot be used for (i) access to the Internet, intranets or other data networks,
except as the device’s native applications & capabilities permit, (ii) any applications that tether Equipment to laptops, personal
computers or other devices for any purpose.
Push to Talk: Push to Talk capable Equipment required. Push to Talk capable Equipment can only be used with a Push to
Talk calling plan. Subscribers switching from a Push to Talk Calling Plan to another calling plan will not be able to use Push
to Talk capable Equipment with the new plan. Push to Talk calls may only be made with other Verizon Wireless Push to Talk
subscribers. Push to Talk Subscribers may initiate or participate on a call, simultaneously, with as many as 20 total
participants (19 members per group plus the originator). Push to Talk groups must be established via the Push to Talk
website prior to initiating a group call. Subscribers may establish as many as 50 group lists of up to 20 participants (19
members per group plus the originator). Existing Push to Talk Subscriber Equipment may require a software upgrade. Push
to Talk is only available within the National Enhanced Services Rate and Coverage Area. There will be a delay from the time
a Push to Talk call is initiated until the Push to Talk call is first received by the called party. A Push to Talk call will automatically
time out after twenty (20) seconds of inactivity. While on a Push to Talk call, incoming voice calls will go directly to voice mail.
When on a voice call, a Push to Talk call cannot be received. Network registration information will be sent to the Equipment
each time it is powered on in the National Enhanced Services Rate and Coverage Area, each time the Subscriber travels into
the National Enhanced Services Rate and Coverage Area, and every 12 hours if the Subscriber stays within the National
Enhanced Services Rate and Coverage Area. While the updated network registration information is being sent to the
Equipment, incoming voice calls will go directly to voice mail. Contact list cannot be modified from certain Equipment.
Subscriber cannot prevent others who have the Subscriber’s MTN from entering the MTN into their Push to Talk contact list.
Only one person can speak at a time during a Push to Talk call. Push to Talk services cannot be used for (i) access to the
Internet, intranets or other data networks, except as the device’s native applications & capabilities permit, (ii) any applications
that tether Equipment to laptops, personal computers or other devices for any purpose.
Mobile to Mobile: Mobile to Mobile minutes apply when making calls directly to or receiving calls directly from another Verizon
Wireless Subscriber while in the America’s Choice Home Rate and Coverage area. Mobile to Mobile does not apply to fixed
wireless devices with usage substantially from a single cell site, for Push to Talk calls, if Call Forwarding or No Answer/Busy
Transfer features are activated, or to data usage. Mobile to Mobile is not available to Subscribers whose current wireless
exchanges restrict the delivery of Caller ID. Mobile to Mobile minutes will be applied before home airtime minutes.*
Night and Weekends: Applies to calls made in a calling plan’s home rate and coverage area only during the following hours:
9:01pm Friday through 5:59am Monday and 9:01pm to 5:59am Monday through Friday.* *NOTE: If both Night and Weekend
and Mobile to Mobile minute allowances apply to a given call, Mobile to Mobile minutes will apply before Night and Weekend
minutes. However, if either allowance is unlimited, the unlimited allowance will always apply first.
TXT Messaging: TXT Messaging includes Short Message Service (SMS up to 160 characters) and Enhanced Messaging
Service (EMS up to 1120 characters). Enhanced TXT Messages sent to most SMS handsets will be delivered as multiple TXT
messages of up to 160 characters each. Subscribers have the option to have text messages disabled entirely without affecting
voicemail or other related services. TXT Messaging plans do not include Operator Assisted Messaging or International
Messaging, which is available for 25¢ per message sent and 10¢ per message received; see www.vtext.com for details and
countries. Verizon Wireless is not responsible for information sent using TXT Messaging or Enhanced TXT Messaging.
Verizon Wireless cannot guarantee that messages will be received and is not responsible for messages that are lost or
misdirected. Messages not delivered after 5 days are automatically deleted. Airtime charges do not apply to the sending or
receiving of text messages. When sending messages from Equipment, the sender’s MTN will always be sent to the
destination, even if Caller ID is used to block voice calls.
Mobile to Mobile Messaging: Cannot be combined with any other package that includes a TXT or PIX&FLIX allowance. Mobile
to Mobile Messaging applies only to TXT/ PIX/ FLIX messages sent to and received from other Verizon Wireless Subscribers’
phones, while both wireless Subscribers are within the National Enhanced Services Rate and Coverage Area. Additional
messages apply to PIX Place, VTEXT/ TXT Alerts/ getAlerts, Instant Messaging (IM), Email, Premium Text Services,
TXT/PIX/FLIX sent to non-Verizon Wireless customers, these messages will be decremented from the Subscriber’s Additional
Message allowance, or billed as overage. Additional Messages may not be applied toward International TXT Messaging,
which cost 25¢ per message sent and 10¢ per message received; see www.vtext.com for details and countries.
Multi-Media Messaging (MMS): Multi-Media Messaging (MMS) includes Picture (PIX) and Video (FLIX) messaging and is only
available within the National Enhanced Services Rate and Coverage Area. In addition to MMS charges, MMS uses calling
plan home airtime minutes or kilobytes. Canceling an MMS after pressing SEND may result in sent messages that contain
only partial content. Subscriber will be charged for outgoing MMS, even if not received by the intended recipient, or even if
only partial content is delivered. Subscriber will not be charged for incoming MMS unless received. MMS that cannot be
delivered within 5 days will be deleted. MMS is not available for use with a Mobile Office Kit. Camera phones are prohibited
in some places. Subscribers are solely responsible for complying with all applicable laws, rules, regulations and policies
regarding camera phone use.
Private Network Traffic Management (PNTM): PNTM allows Customer to configure its Private Network to allow differentiated
Quality of Service (QoS) by application over Verizon Wireless’s LTE network using standards-based IP packet marking.
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Customer can identify applications on its 4G LTE devices to get priority QoS over its Private Network. Verizon Wireless
makes no guarantee of PNTM bandwidth allocations, which are subject to the limitations of wireless service availability as
detailed in the Agreement. Customer is responsible for any charges associated with the customization of its CPE to support
PNTM.
PNTM for Public Safety: Eligible public safety accounts can take advantage of priority access to a data channel over the
Wireless Service for its data traffic during times of heavy network demand. While PNTM for Public Safety enables a dedicated
data channel, Verizon Wireless makes no guarantee of Wireless Service availability, which is subject to the limitations of
wireless service availability as detailed in the Agreement. PNTM for Public Safety is only available to Customers approved by
Verizon Wireless that qualify as Public Safety Entities classified by specific NAICS codes.
Customer Private Network Contact: Customer must designate a Private Network representative and provide contact
information, including a phone number and email address. The Private Network contact will work with the Verizon Wireless
solution engineer through the Private Network implementation and testing processes detailed below. The contact shall be
available during business hours and any other time period that Customer utilizes Private Network for the purpose of assisting
to resolve service problems and trouble shooting.
Private Network Implementation and Testing: Verizon Wireless will implement Customer’s Private Network, which requires
Customer to a) provide any information (e.g., account numbers, IP address ranges, router/CPE information) necessary to
compete the Private Network Connectivity Form; b) participate in a Private Network turn-up call to ensure that CPE is properly
configured to support the Private Network connection; and c) participate in a Solution Validation call to confirm that Private
Network is working properly from Verizon Wireless to Customer’s applications.
International Long Distance: International Long Distance is available but may be subject to a 90-day payment history with
Verizon Wireless. International long distance rates will vary and do not apply to calls to Canada, Puerto Rico, the U.S. Virgin
Islands and some U.S. Protectorates, or to credit card or operator assisted calls.
Verizon Wireless International Long Distance Value Plan: Requires subscription to a qualifying calling plan and international
dialing capability (I-DIAL). The ability to make international calls is not guaranteed and may be restricted without notice. Rates
apply only on calls to Value Plan countries made from calling plan home airtime rate and coverage areas. If a calling plan
includes calls to any Value Plan country, those calls will be billed per the terms of the calling plan except when roaming on
another carrier’s network, in which case that carrier’s rates will apply. Current international calling rates may be found at
www.verizonwireless.com.
International Roaming (Global Phone): Availability of calling features and TXT messaging varies by country and network.
Existing Subscribers who purchase a Global Phone may have to set up a new voice mailbox and, if so, will lose access to
previously stored messages upon activation of Global Phone. Voice mail messages will be time-stamped Eastern Time. Calls
to voice mail will appear on the bill as calls to the Subscriber’s MTN. Actual availability of service in foreign countries may
vary and is subject to change. Taxes and other regulatory surcharges may apply and may vary by country. While roaming
on another carrier’s wireless network, dialing rates and country availability may vary due to the roaming carrier’s international
dialing policies. Billing for airtime used when roaming may be delayed up to two billing cycles. By using Equipment outside
the United States, Subscriber is solely responsible for complying with all applicable foreign laws, rules and regulations
(“Foreign Laws”), including Foreign Laws regarding use of wireless phones while driving and use of wireless camera phones.
Verizon Wireless is not liable for any damages that result from Subscriber’s failure to comply with Foreign Laws.
Roaming in CDMA countries outside of the US: Roaming in CDMA countries is $0.69 per minute and only in “CDMA“mode
where service is available. An update to Equipment software is required to roam in S. Korea.
Roaming in GSM countries: CDMA/GSM Global Phone, activated in the United States with compatible Subscriber Identity
Module (SIM) card required. Rates, terms and conditions apply only when roaming on participating GSM networks in
published Global Phone countries. Service may be available in additional countries, but airtime rates, availability of calling
features, and ability to receive incoming calls (including return calls from emergency services personnel) may be restricted.
Where TXT messaging is available, Customer will be charged $0.50 for each message sent and $0.05 for each message
received. TXT messaging rates are subject to change. TXT messages cannot exceed 140 characters and may be sent only
to MTNs of (i) Verizon Wireless customers, and (ii) customers of foreign wireless carriers that participate in international text
messaging.
VZAccess and VZEmail (Mobile Broadband & Data Services)
VZAccess and VZEmail Calling Plans and Features: VZAccess includes NationalAccess (IXRTT) and BroadbandAccess
(EVDO/4G) calling plans. VZEmail includes PDA/Smartphone and BlackBerry calling plans. VZAccess and VZEmail usage is
subject to VZAccess Acceptable Use Policy, available on www.verizonwireless.com. VZEmail optional features may only be
purchased in conjunction with eligible voice calling plan with a monthly access fee of $34.99 or higher. Monthly Megabyte
allowances apply only to NationalAccess and BroadbandAccess data transmissions. Other data (Quick 2 NetSM or dial-up)
transmissions as well as voice calls will be billed at the per minute overage rate according to the VZAccess calling plan. For
optional data features, “other data” will be billed as anytime minutes or at the per minute overage rate according to the
underlying calling plan. When traveling outside the National Enhanced Services Rate and Coverage Area, Subscribers may
be charged at the “other data” rate for data usage. NationalAccess data sessions require a NationalAccess capable PC Card,
Smartphone, BlackBerry or handset with its compatible Mobile Office Kit, and must be placed within NationalAccess service
area. BroadbandAccess data sessions require BroadbandAccess capable Equipment and must be placed within
BroadbandAccess service area. PDA/Smartphone and BlackBerry users that move from a VZEmail plan or feature, or a Voice
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and Data Choice Bundle to another calling plan will not be able to use their PDA/Smartphone or BlackBerry on the new calling
plan and will need to purchase or provide compatible voice Equipment to switch to the new calling plan. All data sessions
automatically terminate after 24 hours of activity and on unlimited calling plans after 2 hours if inactivity. Data session is
inactive when no data is being transferred. Data session may seem inactive while data is actively being transferred to
Equipment, or may seem active when it is actually cached and not transferring data. Subscriber MUST press or click END or
DISCONNECT button to ensure that session disconnects and charges cease. Third-party applications may automatically
reinitiate data sessions without the Subscriber pressing or clicking SEND or CONNECT button. Voice calls cannot be received
when an e-mail or other data transmission is occurring. Voice calls are possible when NationalAccess data session is inactive;
however, charges apply simultaneously to the data session and the voice call in accordance with the applicable calling plan.
Voice calls are not available with BroadbandAccess. Customer must maintain virus protection when accessing the service.
Customer is responsible for all charges, including all data sent and received and “overhead” whether or not Subscriber or
recipients actually receive the data. “Overhead” is all data that is in addition to user-transmitted data, such as control,
operational and routing instructions, error-checking characters and retransmissions of user-data messages that are received
in error. VZEmail calling plans and optional features not available with PC cards or wireless modems, including wireless
Equipment tethered to a PC. In order to use some VZEmail features and applications, Subscriber’s PC (or server where
applicable) must be powered on, able to receive e-mail, and have Equipment manufacturer software (BlackBerry Desktop,
Wireless Sync or GoodLink) installed. If Equipment is turned off or if the Subscriber travels outside the NationalAccess service
area, e-mail messages will be automatically stored for up to 7 days and forwarded when the Subscriber returns to the
NationalAccess service area. Receiving e-mail attachments and graphics may be limited based on the Equipment model or
software. With some Equipment, e-mails received may display only the first 2 kilobytes of information with additional 2
kilobyte increments delivered at the Subscriber’s request.
Unlimited Data Plans and Features (such as NationalAccess, BroadbandAccess, Mobile Broadband, Push to Talk, and certain
VZEmail services) may ONLY be used with wireless devices for the following purposes: (i) Internet browsing; (ii) email; and
(iii) intranet access (including access to corporate intranets, email, and individual productivity applications like customer
relationship management, sales force, and field service automation). The Unlimited Data Plans and Features MAY NOT be
used for any other purpose. Examples of prohibited uses include, without limitation, the following: (i) continuous uploading,
downloading or streaming of audio or video programming or games; (ii) server devices or host computer applications,
including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine–to–machine
connections or peer–to–peer (P2P) file sharing; or (iii) as a substitute or backup for private lines or dedicated data connections.
This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or
visiting corporate intranets is permitted, but downloading movies using P2P file sharing services and/or redirecting television
signals for viewing on laptops is prohibited. For individual use only and not for resale. We reserve the right to protect our
network from harm, which may impact legitimate data flows. We reserve the right to limit throughput or amount of data
transferred, and to deny or terminate service, without notice, to anyone we believe is using an Unlimited Data Plan or Feature
in any manner prohibited above or whose usage adversely impacts our network or service levels. Verizon Wireless will limit
throughput of data speeds should 25GB of data be used within a given bill cycle. Anyone using more than 25 GB per line
within a given bill cycle is presumed to be using the service in a manner prohibited above, and we reserve the right to
immediately terminate the service of any such person without notice. We also reserve the right to terminate service upon
notification to the customer.
Unlimited VZAccess and VZEmail: NationalAccess, BroadbandAccess, and GlobalAccess data sessions may be used for
the following purposes: (i) Internet browsing, (ii) e-mail, and (iii) intranet access (including access to corporate intranets, e-
mail and individual productivity applications like customer relationship management, sales force and field service
automation). Unlimited VZAccess, VZEmail and Push to Talk services cannot be used (i) for uploading, downloading or
streaming of movies, music or games, (ii) with server devices or with host computer applications, other than applications
required for BlackBerry or Wireless Sync service, including, but not limited to, Web camera posts or broadcasts, automatic
data feeds, Voice over IP (VoIP), automated machine-to-machine connections, or peer-to-peer (P2P) file sharing, or (iii) as a
substitute or backup for private lines or dedicated data connections. Additionally, Unlimited VZEmail services cannot be used
for, (i) access to the Internet, intranets or other data networks, except as the Equipment’s native applications and capabilities
permit, or (ii) for any applications that tether Equipment to laptops or personal computers other than for use of the Wireless
Sync or BlackBerry Solutions. Unlimited BroadbandAccess and NationalAccess data sessions automatically terminate after
2 hours of inactivity, unless Subscriber has Mobile IP (MIP) capable Equipment.
VZEmail Megabyte (MB) Data Plans: Megabyte allowance and charges for kilobytes over the monthly allowance apply to
NationalAccess and BroadbandAccess data sessions and are rounded to next full kilobyte at end of each billing cycle. Only
total of kilobytes transmitted above allowance each billing cycle may appear on bill.
VZEmail Server Software (Wireless Sync Enterprise Server, GoodLink Server & BlackBerry Enterprise Server (BES)): Verizon
Wireless is not the licensor of the Wireless Sync Enterprise Server, GoodLink Server or BES Server and makes no
representations or warranties whatsoever, either express or implied, with respect to such servers and associated software.
The Wireless Sync Enterprise Server software is manufactured by Intellisync. The GoodLink Server is manufactured by, and
sold separately by Good Technology. The BES software is manufactured by Research in Motion (“RIM”). Any license for
such software must be obtained directly from the software manufacturer either upon purchase or installation of the software.
Customer support for the Wireless Sync Enterprise Server, GoodLink, or BES software must be obtained from the software
manufacturer. If Verizon Wireless in its sole discretion determines that a Smartphone or BlackBerry related inquiry from a
Subscriber is related to the Wireless Sync Enterprise Server, GoodLink or BES software and not one concerning Equipment
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or desktop software, it may transfer the service request to appropriate representatives of the software manufacturer. When
you use Microsoft’s Exchange ActiveSync, Notify’s NotifyLink, or Intellisync’s Intellisync Mobile Suite, every time you receive
an email or other update you may be charged for an incoming TXT Message. To avoid TXT Messaging charges, you can set
up timed synchronization or manually initiate synchronization.
NationalAccess Roaming Feature: Not for use with Mobile Office Kits. Dynamic IP addresses will be assigned when roaming.
Usage rounded up to next full kilobyte. For information on where NationalAccess Roaming is available, see
www.verizonwireless.com.
GlobalAccess: Global PC Card required for international use. Global PC Cards will not work in the United States or Canada
and GlobalAccess Subscribers will need a NationalAccess or BroadbandAccess PC card for domestic use. The domestic
and Global PC Cards cannot be used at the same time. GlobalAccess Subscribers must activate and update their Preferred
Roaming lists while in the National Enhanced Services Rate and Coverage Area every three months. Verizon Wireless reserves
the right to terminate the service of any Subscriber whose total usage is less than half on the Verizon Wireless National
Enhanced Services Rate and Coverage Area over three consecutive billing cycles. Verizon Wireless SIM Cards are for use
only with the Global PC Card and only for the purpose of this service. Subscriber is responsible for any unauthorized use of
its SIM Cards and must safeguard security codes. Upon termination of service, Subscriber must destroy SIM Card. By using
your Global PC Card outside the United States, Subscriber is solely responsible for complying with all applicable Foreign
Laws. Verizon Wireless will not be liable for any damages that result from Subscriber’s failure to comply with Foreign Laws.
GlobalEmail: GlobalEmail capable equipment required. Verizon Wireless reserves the right to terminate the GlobalEmail
service of Subscribers that have less than half of their usage on the Verizon Wireless National Enhanced Services Rate and
Coverage Area over three consecutive billing cycles. SIM Cards are for use with GlobalEmail Equipment, and only for the
purpose of GlobalEmail service. Customer is responsible for any unauthorized use of SIM Cards, and must safeguard security
codes. Upon termination of service, please destroy any applicable SIM Cards. Subscribers using GlobalEmail outside the
United States, agree that they are solely responsible for complying with all applicable foreign laws, rules and regulations
(“foreign laws”). Customer agrees that Verizon Wireless is not liable for any damages that result from Subscriber’s failure to
comply with foreign laws. GlobalEmail Subscribers must activate and update their Preferred Roaming lists while in the
National Enhanced Services Rate and Coverage Area every three months. TXT messaging billed at standard domestic and
international TXT Messaging rates. Existing Verizon Wireless Subscribers migrating to GlobalEmail plans may be required to
extend their Line Term.
Mobile Broadband Machine-to-Machine plan sharing options, Account Share: Customer may activate up to 15 share groups
per account. Sharing is available only among M2M Lines on the Mobile Broadband M2M Account Share Plans on the same
billing account, in the same usage group (Low Usage and High Usage plans cannot share with each other). Unused KBs will
be distributed to M2M Lines with an overage on an as needed basis to M2M Lines on the same billing account that have
exceeded their MB allowance during the same monthly billing period. At the end of each bill cycle any unused KBs allowances
will be applied to the overages of the other M2M Lines on the same account beginning with the line with the lowest overage
need until depleted. Customers subscribing to Mobile Broadband M2M Account Share Plans will be billed on separate billing
accounts and invoices from Subscribers to the Mobile Broadband M2M Profile Share Plans. Multi-Account Share: Customer
may activate one (1) share group per profile (Low Usage and High Usage plans cannot share with each other); however,
customer may have multiple bill accounts on the same profile. Sharing is available only among M2M Lines on the Mobile
Broadband M2M Multi-Account Share Plans on the same profile, in the same usage group. Each sharing M2M Lines unused
KBs will pass to other sharing M2M Lines that have exceeded their data allowance during the same monthly bill cycle. Unused
KBs will be distributed proportionally as a ratio of the KBs needed by each applicable M2M Line to the total KBs needed by
all sharing M2M Lines on the same profile. Customers subscribing to Mobile Broadband M2M Profile Share Plans will be
billed on separate billing accounts and invoices from Subscribers to the Mobile Broadband M2M Account Share Plans.Note:
A profile is defined as a Customer’s overarching account of record under which Customer may have multiple billing accounts.
Share Option: Sharing is available only among Government Subscribers on applicable calling plans choosing the Share
Option. America’s Choice for Business & Voice and Data Choice Bundles for Business Subscribers: Sharing on these calling
plans is for voice home airtime minutes only. Sharing may require all Subscribers to be on the same billing account. Each
sharing Subscriber’s unused anytime minutes will pass to other sharing Subscribers that have exceeded their anytime
minutes during the same monthly billing period (Mobile to Mobile minutes and Night and Weekend minutes do not share).
Each sharing Subscriber’s Monthly Home Airtime Allowance Minutes apply first to that line. Unused Monthly Home Airtime
Minutes are then shared with other sharing Subscribers that have exceeded their Monthly Home Airtime Allowance in order
of highest usage. Calling plan changes may not take effect until the billing cycle following the change request. Accounts that
share across Verizon Wireless billing systems require set up that may take thirty (30) to sixty (60) days.
4.B.b
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ffi*i,'ro"City Of Kent
GSA-Federal Supply Schedule Purchase Order
Date September 20,2019
Vendor:Verizon Wireless
Vendor Address:7600 Montpelier Road
Laurel, MD 20723
Vendor Email VZWF€deral, tmol€mentatiorg@VerizlltrWiIeless.c.om
Phone:L804.s6r.6227
FAX:na
Authorized By:By signing below, I certify that I am have legal authority to bind the listed government agency, that
myagencyisauthorizedtopurchaseundertheGSAFederal SupplyScheduleandthattheuseof all
products/services purchased is for authorized government use,
Agency Name City Of Kent
Signature of Authorized Official:
Printed or typed name: Dana Ralph
Printed or typed title : Mayo t
Contact lnformation Email address:mcarrington @ kentwa.gov
Phone number 253-856-4500 FAX number: na
Billing lnformation
Citv Of Kent
220 4th Avenue South
Kent. WA 98032
Payment Terms:Net 30
Description of
Goods/Services;
Pricing:
Cellular service on the accounts listed below (or attached) totaling 850 units in accordance with the
rate plans and terms and conditions now or in the future applicable to each of such lines pursuant
to GSA Federal Supply Schedule Number cS-35F-0119P,
Accounts: 671.675482-0000L, 671675482-00002, 671675482-00004,94201.L537-OOO01,
Rate Plan(s): various plans and features
Equipment: open market
Term September 20, 2019 for 12 months throuch September 20, 2020
Funds Authorized:Monthly Access Fees for service on 850 Lines (Estimated)
Equipment charge(s) on 850 Lines (Estimates) $ AS,OOO
Total Access and Equipment Fees on 850 lines (Estimate)
Plus applicable fees, taxes and charges
S 54,ooo
I 733,000
Contract #:GSA Federal Supply Schedule Contract NumberGS-35F-0119P, all terms and conditions are
incorporated by reference
Equipment
(Open Market)
None of the equipment listed are products listed on GSA Federal Supply Schedule Contract No GS-
35F-0119P All devices and/or accessories are "Open Market" items ,
Miscellaneous:Specify Phones, Delivery, Etc.: "open market" various plans and features
Customer Acceptance:Signature:
For Verizon Wireless internal use only: Approval:Date
4.B.c
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OFFICE OF THE CITY ATTORNEY
Pat Fitzpatrick, City Attorney
220 Fourth Avenue South
Kent, WA 98032
253-856-5770
DATE: September 22, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Money Transfer Operators
SUMMARY: There is an ongoing issue related to remittances that is affecting local
businesses and constituents.
Remittances are cross-border migrant financial transfers - people sending money
overseas to family and friends. In total, remittances are a significant part of
developing counties’ economies and have grown substantially over the past few
decades.
There are multiple mechanisms that facilitate remittances: bank transfers, web
applications, money service businesses, etc. Each has different transaction costs
and limitations. Generally, the cheapest transaction costs for remittances are non-
bank Money Service Businesses (“MSB”). One type of MSB, is a Money Transfer
Operator (“MTO”). Western Union and MoneyGram are the two largest - however,
they do not serve every market. Smaller MTOs can reach under serviced areas.
In recent years, there has been a trend in which small MTOs have had difficulty
finding banking services to facilitate their businesses. This is a process called “de-
risking.” There are strict compliance and reporting requirements in each jurisdiction
through which the money transfers - which banks have determined are too costly to
comply with. The effect is that correspondence banking (transferring between
banks) has become more difficult to acquire in certain markets - including East
Africa.
The World Bank’s analysis is that this is a business decision by banks, because
these types of transactions are high risk and low reward from the banks’ point of
view. But the effects to service are similar to those created by redlining - where
certain regions become without access to adequate services.
The effect on individuals can be the increase of transaction costs for remittances.
Without adequate MTO services, the flow of vital support to overseas family
members may be delayed or prevented entirely.
4.C
Packet Pg. 46
The effect on businesses, is that because MTOs are unable to transfer money
through the banking system, they must instead physically deliver currency on
airplanes. This entirely cash business model creates a public safety risk, in which
MTOs become targets for robbery.
Community members have asked that the Council express support for MTOs and
the communities which they service, as well as ask that the State examine and help
solve some of these problems.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
4.C
Packet Pg. 47
PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: September 22, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: 2020-2021 South King Housing and Homelessness Partners
Work Plan - Approve
MOTION: Approve the 2020-2021 South King Housing and Homelessness
Partners Work Plan as adopted by the South King Housing and
Homelessness Executive Board on July 24, 2020.
SUMMARY: The South King Housing and Homelessness Partners (SKHHP) 2020-
2021 Work Plan is a two-year work plan, subsequent work plans will be developed
annually. Consistent with the SKHHP Interlocal Agreement, the SKHHP work plan
must be approved by each legislative body and adopted by the SKHHP Executive
Board. A draft of the 2020-2021 SKHHP Work Plan was presented to each partner
jurisdiction for review and feedback prior to SKHHP Executive Board adoption on
July 24, 2020. Kent City Councilmembers reviewed the draft work plan during the
June 16 City Council workshop.
BACKGROUND:
The 2020-2021 work plan operationalizes the priority action items identified by the
Executive Board and staff work group in 2019; incorporates actions necessary to
address opportunities created by the 2019 legislative session; and incorporates
feedback from partner jurisdictions. The work plan reflects the intention to hire a
Program Coordinator and also identifies key allies with goals and activities that
align with SKHHP that will augment staff capacity. The work plan is structured into
three work areas: governance and administration, policy and planning, and
outreach and education.
Governance and administration includes start-up procedures, program-wide
management activities, the annual work plan and budget process, and establishing
an Advisory Board. Once established, the Advisory Board will provide
recommendations to the Executive Board that will help to ensure equitable and
informed decision making. The key outcomes for this work area are:
· Functioning and collaborative entity with clear measures of success.
· Implementation that supports equitable outcomes across jurisdictions,
community members, and stakeholders.
4.D
Packet Pg. 48
Policy and Planning includes establishing a SKHHP Housing Capital Fund,
inventorying affordable housing vulnerable to market pressures, supporting
development of housing action plans, and collaborating to enhance local policies
and programs that accelerate access, protect existing housing stock, and provide
housing security. The key outcomes for this work area are:
· Pooled local resources dedicated to affordable housing in South King County.
· Increased number of South King County cities with comprehensive housing
action plans.
· Number of jurisdictions with new or enhanced legislation or programs to
support affordable housing strategies.
Outreach and Education includes representing South King County at local and
regional forums, furthering stakeholders’ and elected officials’ understanding of
housing options and the range of needs and opportunities, and developing state
and federal advocacy priorities. The key outcomes for this work area are:
· South King County is heard, considered, and supported by regional and state
stakeholder groups and policy makers.
· Changes in policies, programs, and funding streams that support affordable
housing and homelessness programs in South King County.
· Increased interest in South King County from non-profit and for-profit
housing developers.
BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
RECOMMENDED BY: Alan Gray
ATTACHMENTS:
1. 2020-02 SKHHP Workplan (PDF)
4.D
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PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: September 22, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: 2021 South King Housing and Homeless Partners Budget -
Approve
MOTION: Approve the 2021 South King Housing and Homelessness
Partners budget as adopted by the South King Housing and Homelessness
Partners Executive Board on July 24, 2020.
SUMMARY: The South King Housing and Homelessness Partners (SKHHP) 2021
Budget provides an itemization of all categories of budgeted expenses and
itemization of each partner’s contribution, including in-kind services. Consistent
with the SKHHP Interlocal Agreement, the SKHHP budget must be approved by
each legislative body and adopted by the SKHHP Executive Board. The SKHHP
Executive Board adopted the 2021 Budget on July 24, 2020.
BACKGROUND:
The draft 2021 SKHHP budget was presented to each member jurisdiction for
feedback. Kent City Councilmembers reviewed the draft budget during the June 16
Council Workshop. The 2021 SKHHP Budget maintains current contribution rates for
each participating jurisdiction. The jurisdiction contributions are based on
population size, and Kent’s 2021 contribution is $34,000.
In light of the revenue shortfalls and budget uncertainties in all jurisdictions
because of the pandemic, maintaining current jurisdiction contributions was a
priority for the SKHHP Executive Board. Maintaining jurisdiction contributions is
made possible by personnel cost savings from 2019 and 2020. Projected personnel
cost savings in 2020 are a result of hiring a three-quarter time second position and
delaying hiring this position until fall of 2020. Salary and benefit projections, cost
savings in 2019, and projected cost savings in 2020, indicate the current
jurisdiction contributions can maintain current staffing capacity through 2022.
Changes to staff capacity or other increases in the operational budget will require
an increase in jurisdiction contributions and a budget amendment.
BUDGET IMPACT: None - Kent’s $34,000 contribution is currently within Human
Services budget
SUPPORTS STRATEGIC PLAN GOAL:
4.E
Packet Pg. 59
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. 2020-04 2021 Budget (PDF)
4.E
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4.E.a
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PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: September 22, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: HB1590 Relating to Local Sales and Use Tax for
Affordable Housing
SUMMARY: HB 1590 was approved by the Washington State Legislature in 2020
and grants councilmanic authority to implement a sales tax‐based affordable
housing levy. The legislation provides that King County may councilmanically
impose a sales tax of up to one‐tenth of one percent countywide, with the
authority to implement the tax extended to cities if the county does not take action
by September 30, 2020.
A minimum of 60% of the money collected from the tax must be used for
construction of affordable housing, construction of mental and behavioral health
facilities, funding the operations and maintenance costs of new units of affordable
housing and facilities where housing‐related programs are provided, or newly
constructed evaluation and treatment centers. The facilities and programs funded
through the levy must serve individuals whose income is below 60% AMI of the
county imposing the tax. The remainder of the funds collected must be used for the
operation, delivery or evaluation of mental and behavioral health treatment
programs and services.
If King County does not impose the full tax rate by September 30, 2020 then any
city legislative authority within King County may either:
· Submit an authorizing proposition to city voters at a special or general election.
If the proposition is approved by the majority of voters, the City may impose the
whole or remainder of the sales and use tax rate.
· Impose councilmanically, without a proposition approved by a majority of
voters, the whole or remainder of the sales and use tax rate.
If King County does impose the full tax rate, but does so after a city has imposed
the tax (which they would be able to after Sept 30), then the county must provide a
credit against its tax for the full amount of tax imposed by a city.
SUPPORTS STRATEGIC PLAN GOAL:
4.F
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Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
4.F
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PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: September 22, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Kherson Park Renovation Consultant Services Agreement
with J.A. Brennan Associates for Design and Construction
Administration - Authorize
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with J.A. Brennan Associates, in the amount of $197,707 for full design and
construction administration at Kherson Park, subject to final terms and
conditions acceptable to the Parks Director and City Attorney.
SUMMARY: In June 2019, the City contracted J.A. Brennan Associates to provide
conceptual design for the space-themed renovation of Kherson Park celebrating
Kent’s legacy of aero and outer space innovation. The original scope of work was
expanded to include refinement of the preferred design and concept graphics.
Under this agreement, J.A. Brennan Associates will provide final park design
development, construction drawings and specifications, assistance with permitting
and bidding and construction administration of the park renovation project.
BUDGET IMPACT: Expense impact to Downtown Placemaking-Kherson Park capital
budget
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Consultant Services Agreement with Kherson Renovation Design by JA
Brennan (PDF)
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
J.A. Brennan Associates PLLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and J.A. Brennan Associates PLLC organized under the laws of the State of Washington, located
and doing business at 2701 First Avenue, Suite 510, Seattle, WA 98121 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
The Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
As described in attached Exhibit A, incorporated herein, consultant shall provide final design
development, construction documents, permitting and bidding assistance, and construction
administration of Kherson Park Renovation project.
The Consultant further represents that the services furnished under this Agreement will be performed
in accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the
work described in Section I by 12/31/2021.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$197,707.00, for the services described in this Agreement. This is the maximum amount to
be paid under this Agreement for the work described in Section I above, and shall not be
exceeded without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)
for a period of one (1) year from the effective date of this Agreement. The Consultant's billing
rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
C. Card Payment Program. The Consultant 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 Consultant. If the
Consultant voluntarily participates in this Program, the Consultant will be solely responsible
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CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
for any fees imposed by financial institutions or credit card companies. The Consultant shall
not charge those fees back to the City.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which the
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained the Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal Revenue
Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the
Consultant’s business, and has obtained a Unified Business Identifier (UBI) number
from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the
City’s use of the Consultant’s records or data is not related to this project, it shall be without liability or legal
exposure to the Consultant.
VI. 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 Consultant 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 Consultant due to a force majeure event.
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CONSULTANT SERVICES AGREEMENT - 3
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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 Consultant 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 Consultant to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Consultant.
VII. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates. The Consultant shall execute
the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of the Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless,
and the Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court
having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
the Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal
on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
IX. INSURANCE. The Consultant 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.
X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under
this Agreement.
XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
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CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by
the Consultant. The Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant 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. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The
City’s use or reuse of any of the documents, data, and files created by the Consultant for this project by
anyone other than the Consultant on any other project shall be without liability or legal exposure to the
Consultant.
XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIV. 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 VIII 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
Consultant.
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CONSULTANT SERVICES AGREEMENT - 5
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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 Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Consultant'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 Consultant 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 Consultant 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 Consultant 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
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.
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CONSULTANT SERVICES AGREEMENT - 6
(Over $20,000)
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Drew Coombs
J.A. Brennan Associates
2701 First Ave, Ste 510
Seattle, WA 98121
206-583-0620 (telephone)
drew@jabrennan.com (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Terry Jungman
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5112 (telephone)
(253) tjungman@kentwa.gov (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
P:\Planning\Kherson Park\Redevelopment 2019-20\JA Brennan-Design ConstructionAdmin-CONTRACT
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EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: __________________________________________
For: _________________________________________
Title: ________________________________________
Date: ________________________________________
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EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state
laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal
employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: __________________________________________
For: _________________________________________
Title: ________________________________________
Date: ________________________________________
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August 25, 2020
Scope of Work:
KHERSON PARK REDEVELOPMENT –
PHASE 2 CONTRACT DOCUMENTS AND BIDDING
Prepared For:
City of Kent - PARKS, RECREATION & COMMUNITY SERVICES
Terry Jungman
Parks Planning and Development Manager
220 4th Avenue South
Kent, WA 98032
Fax: 253-856-6050
Phone: 253-856-5110
Project Background:
Kherson Park Redevelopment – Design Phase
Scope of Work
The City of Kent is initiating the full design phase for the redevelopment of Kherson Park
located at 307 W Gowe Street. This project is pursued as a partnership between the Parks,
Recreation, and Community Services (PRCS) and Economic and Community Development
(ECD) Departments to redevelop this underutilized park space so that it serves the need for green
space, urban placemaking, and community gathering spaces in downtown Kent.
In addition to addressing the needs for parks and open space, the project seeks to promote and
celebrate the City’s legacy of aero and outer space innovation by memorializing Kent’s role in
the development of the Lunar Roving Vehicle (LRV). Through a contract with Cre8play, the
City has commissioned the building of an LRV replica, which will be paired with a life-sized
astronaut structure to be installed in the newly redeveloped park. The City recently unveiled this
replica at a STEM festival which included over 1,000 attendees and partnerships with education
and STEM related organizations across the region.
Having recently completed the concept design in November 2019, this phase of work seeks to
build on this vision by taking the project through full design, including but not limited to
construction documents, permitting, bidding, and construction administration. The general intent
is to have construction documents and permitting by Spring 2021 and bidding / construction
phase by Summer 2021.
The scope includes a list of design considerations, deadlines and constraints as itemized below:
- Major deliverables included in this design phase:
o Design Development
Landscape Architects & Planners
2701 First Avenue Suite 510 | Seattle, WA 98121
206.583.0620 | jabrennan.com
Exhibit A
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o Construction Documents (60/ 90/100)
o Permitting
o Bidding
o Construction Administration
- Major milestones (completion date)
o CDs/bidding/permitting April 2021
o Construction phase July 2021
- Public Engagement Strategy
o Public engagement phase was completed in earnest during the concept design
phase. This phase will include at least one additional check-in with the
stakeholder group to present the final design.
o Consultant should be expected to produce 2-3 updated renderings that are
presentable to leadership and the community. This task may include other
presentation materials and graphics as needed.
- Known design elements:
o Astronaut, LRV replica, and polycarbonate wall back-drop
o Campus of children’s play that incorporates iconic Lunar Lander play structure,
mission control, interactive panels with education opportunities
Custom playground design and fabrication through NW Playground and
Cre8play for both mission control and lunar lander will be led by the City.
o JA Brennan will collaborate with city staff and play vendor to coordinate a
preferred aesthetic and look to the Lunar Lander module and Mission Control
play elements. Final design drawings and fabrication will be by the play vendor.
JA Brennan will design play surface areas and site plan the play elements into the
design.
o Interpretive design for Kent history panels and interactive panels are not part of
this scope of work. Design services for the history panels and interactive panels
will be developed at a later date once the funding source is better defined. The
interpretive design services is prepared as an optional service so the City may add
the scope into the contract if desired. It is not included in this contract.
o Park lighting strategy
o Screen and projection equipment to support visual arts, movies in the park, and
other programming opportunities
o Landscaping and placemaking that supports good urban park design
- Detailed cost estimation will be provided at each design milestone (30/60/90) so that
overall project budget can be tracked against the ongoing fundraising campaign
Refer to Exhibit A fee spread sheet for more information.
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DESIGN TEAM DISCIPLINE AND PRIMARY ROLES AND RESPONSIBILITIES
Prime:
(JA Brennan Associates) Landscape Architecture
Owner communication and coordination
Prime – team management and coordination
Develop overall Site plan
Lead Site design
1.Grading
2.Coordinate/ collaborate drainage with Civil.
3.Hardscape (paving, seat walls and screen wall)
4.Planting
5.Irrigation
6.Play area collaboration and coordination with play vendor
7.Projection system collaboration and coordination with vendor
8.Lighting layout design coordinated with electrical
Sub-Consultant:
(LPD Engineers) Civil engineer will prepare:
Drainage and stormwater design
Site demolition plan lead coordinated with JA Brennan.
Drainage specifications
Coordinate Grading and drainage with LA Prime. Grading will be led by LA Prime.
Drainage plan
Paving in ROW
Stormwater Pollution Prevention Plan (SWPPP) (written document)
Prepare an Erosion and Sedimentation Control (TESC) plan, as noted in the fee matrix.
(Pacific Geomatic Services) Survey:
Site survey of existing conditions
Property boundary and site easements
CAD survey of existing conditions RO/ property boundary and easements.
(Chudgar Engineering) Structural Engineer will prepare:
Structural drawings for footings, connections and input to material selection for screen
wall, footings for light standards, input and review to concrete seatwalls.
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Specifications for structural elements Concrete, and steel provisions.
Structural Calculations
(Cross Engineers) Electrical engineer will prepare:
Site Lighting and site power service and supply
Lighting design may include light poles, in-ground up light fixtures, catenary light
supply, strip lighting.
The electrical consultant will prepare drawings and specifications lighting design updated
supply service, and accommodation for video projection system.
Support with building permit.
(Geo-engineers) Geotechnical:
Soils Analysis for structural footings and guidance to drainage design.
Task A – Administration/ Coordination
Administration tasks include meeting coordination, scheduling, contract administration, and sub
consultant administration costs and expenses.
Task B – Site Inventory & Analysis,
This task will include limited environmental/ permit documentation, code review, and site
inventory as described below and in the fee spreadsheet
Site Analysis
Work will include visiting the site to assess existing site conditions and meeting with Client.
Existing site data and City Codes will be reviewed for landscape requirements and an existing
condition developed by survey consultant will be used as design base through out each
milestone. GIS data layers will be provided by the city in a dwg AutoCAD format for
surrounding context.
Geotechnical investigation by Geoengineers
Geotech will provide soil substrate analysis and recommendations for soil improvements to
support structural design elements as well as grain analysis for stormwater improvements as
guided by the City of Kent stormwater code
Survey by PGS
Full detailed site survey to pick up for Kherson Park:
1. Park Property/ ROW line - Include boundary survey
2. Access easement
3. Paved surfaces
4. Site furniture
5. Sidewalk back of and face for curb
6. Curb and gutter
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7. Asphalt paving 10’ into ROW - surrounding street edge on W Gowe Street and 2nd Ave S
8. Face of existing building
9. 10’ into surrounding property West and North of site
10. Topo 1' contour
11. Spot elevations
12. Utilities civil- manhole covers, catch basin pipe inlet and outlet
13. Overhead utilities - power poles, light poles and overhead power line
14. Underground utility lines – Water, electrical, storm, sewer
15. Paved walkways
16. Sidewalk on W Gowe Street and 2nd Ave S
17. Trees 6" DBH and larger edge of canopy
18. Irrigation valves
19. Signage
20. fencing
21. cmu landscape walls
Deliverables Task B
• As identified in the fee matrix
Task C–Design Meetings and Coordination
This task will include team coordination and meetings to progress the design. Team members
will only be activated as required for specific meetings. JAB will coordinate via email and
telephone communication with client. JAB will organize a kickoff meeting and initial site visit
with the client.
Design review meetings will be held at key points in the design process, including alternative
design, draft concept design and final concept design.
Design meetings will be accomplished with a virtual conference call format.
Deliverables Task C
• Kick off meeting – may be on site
• Assume up to 3 design team meetings
• As identified in the fee matrix
Task D –Design Development 30% Design
The design development submittal will apply technical expertise to create design solutions to
schematic design problems. JAB will create a design development submittal that will be
primarily Auto-cad-drafted, although some information may be hand-drawn. Illustrative
drawings will be completed as a method to convey design feasibility and finished project
character. A preliminary square-footage level cost estimate will be provided for the design
development plan.
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Civil Design (LPD Engineers)
The drainage design developed for the project will comply with the requirements in the City of
Kent 2017 Surface Water Design Manual and the 2016 King County Surface Water Design
Manual (KCSWDM) as adopted by the City of Kent. The City of Kent manual outlines adopted
revisions and deletions to the KCSWDM that specifically apply to development within the
jurisdiction. It is assumed that the proposed redevelopment will result in more than 2,000 square
feet of new plus replaced impervious surface and more than 7,000 square feet of land disturbing
activity; therefore, the project will be subject to Full Drainage Review requiring meeting all nine
(9) core and (5) special drainage requirements.
1. Review site survey provided by the Owner/Landscape Architect. Coordinate any
additional survey requirements as needed.
2. Conduct site research including preliminary determination of code and permitting
requirements.
3. Review geotechnical investigation with civil recommendations, provided by Owner.
Coordinate with Geotechnical Engineer, as necessary, regarding design of grading,
drainage and TESC measures.
4. Coordinate with the City of Kent regarding specific design and permitting requirements.
5. Evaluate proposed site disturbance and new/replaced impervious area to confirm
applicable stormwater mitigation requirements.
6. Coordinate w/ Owner and Landscape Architect as required. Attend one (1) coordination
team meeting during DD phase.
7. Develop design of on-site civil systems including temporary erosion and sedimentation
control, site demolition, grading, stormwater management, water service and paving.
8. Prepare DD civil drawings as outlined above.
9. Prepare DD-level cost estimate for civil design elements provided by others and provide
feedback to Architect.
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10. Review and coordinate civil design and documents with the design team documents.
Electrical engineer will prepare: (Cross Engineers)
The electrical consultant will prepare Design Development level drawings for lighting design
including updated supply service, and accommodation for video projection system service to
serving utility. Lighting design may include light poles, in-ground up light fixtures, catenary
light supply, strip lighting.
Structural Engineer will prepare: (Chudgar Engineering)
Structural drawings for footings, connections and input to material selection for screen
wall, footings for light standards, input and review to concrete seatwalls.
Deliverables Task D
1. Design Development 30% design package
2. Cost Estimate
3. Updated illustrative plan and sections
4. Product memo
5. And as noted in the fee schedule
Task E– Permit Support
This task includes providing necessary permit documentation and a limited amount of
coordination and correspondence to support the client applying for local, and state permits. The
permit documentation includes a permit-ready set of plans. Permit drawings will be submitted at
60% and 90% Design.
Prepare Permit Applications:
Under this task we will prepare the following permit applications. Graphics are included in the
permit submittal. Supportive documents that will be included are discussed separately, below.
Permit submittals to be prepared include:
• WDOE NPDES Construction Permit
• City of Kent Draft and Final SEPA Checklist
• City of Kent Grading and Drainage Permit
• City of Kent Demolition Approval
• City of Kent Building Permit
Client and Agency Coordination Tasks:
Client and agency coordination will consist of several phases:
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• Submit all permit applications to agencies.
• Attend a Pre-application meeting with the Planning and Development Services.
• Attend the City permit intake meeting with the Client.
• Monitor the permit review process with all agencies.
• Respond to comments and requests from agencies for additional materials, design
revisions as needed.
• Meet with Client and design team to discuss any revisions requested during the review
process.
• Provide limited revisions in response to agency comments to the permit submittals.
Deliverables Task E
1. Updated illustrative plan and sections to reflect final design.
2. Permit Package for 60% and 90% Design including SEPA.
Task F – Construction Documents 60, 90, and 100% Plans, Specs and
Estimate (PSE)
Construction documents will be submitted twice for client review prior to issuing final
construction documents. Submittals will be provided at 60%, 90% and 100% (bid-ready) design
completion. The 60% design submittal will include plans, outline specification, and estimate of
probable construction costs. 90% and 100% submittals will include plans, specifications and
estimate of probable construction costs.
Civil engineer will prepare (LPD Engineers)
1. Coordinate with Owner and Landscape Architect as required. Attend two (2) coordination
meetings during CD phase.
2. Continue coordination with City of Kent on design and permitting requirements.
3. Update proposed site disturbance and new/replaced impervious area based on Landscape
Architect’s drawings to confirm applicable stormwater mitigation requirements.
4. Further develop design of on-site civil systems including temporary erosion and
sedimentation control, site demolition, grading, stormwater management, and paving.
Assumes submittals at 60% CD (permit), 90% CD (permit resubmittal), and 100% (Bid).
5. Prepare drainage report (TIR) per City of Kent standards, noting site disturbance area and
new/replaced impervious surface area, OSM stormwater runoff mitigation, water quality
treatment or detention if applicable, etc.
6. Prepare specifications with the 60% CD (outline specifications), 90% CD and 100% CD
submittals.
7. Prepare civil estimate of probable construction cost at 60%, 90%, and 100%.
8. Review and coordinate civil design and documents with the design team documents.
Coordination assumes that the entire PDF set of documents will be provided to LPD by
Landscape Architect or Owner at each milestone.
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9. Respond to City of Kent permit review comments, with updates to the drawings and/or
drainage report as required. Includes written responses to all permit review comments.
Assumes a separate submittal of the drawings will not be required.
Electrical engineer will prepare: (Cross Engineers)
1. The electrical consultant will prepare drawings and specifications lighting design updated
supply service, and accommodation for video projection system service to serving utility.
Support with building permit. Lighting design may include light poles, in-ground uplight
fixtures, catenary light supply, strip lighting.
Structural Engineer will prepare: (Chudgar Engineering)
1. Structural drawings for footings, connections and input to material selection for screen
wall, footings for light standards, input and review to concrete seatwalls.
2. Specifications for structural elements Concrete, and steel provisions.
3. Structural Calculations
Project Manual Specifications (Team collaboration):
Specifications will be provided in CSI format (CSI Master Format 2016 Edition), JAB
specifications will be used as a starting point, but will include City of Kent Bid Proposal form,
Division 0 if used, and Division 1 General Requirements, with itemization and unit costs for up
to 4 bid items if desired. JAB will coordinate and review with the City Project Manager the City
developed Division 0 and Division 1 Specification sections.
Deliverables Task F
• Plans, specs and cost estimates as identified in the fee matrix
Task G – Bidding
Support City of Kent during the public bid process, including answering contractor’s questions
during bidding, and issuing addenda if necessary.
Deliverables Task G
• As identified in the fee matrix
Task H – Construction Support
We assume the City will lead the construction management. J.A. Brennan will support
construction management by reviewing and responding to submittals, requests for information
(R.F.I.), providing back-up documentation for the County’s issuance of modification proposals,
attending a limited number of site review meetings, preparing a punch list prior to Substantial
Completion, and reviewing completed construction to ensure “punch list” items have been
corrected prior to Final Acceptance. Prepare electronic media record drawings incorporating
contractor’s “as-builts”.
Deliverables Task H
• As noted in the fee matrix
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CONTRACT DOCUMENT SCOPE ASSUMPTIONS:
1. Custom play elements will be designed and fabricated by playground vendor for Lunar
Rover and the Lunar Modular Craft, including supporting structural design.
2. Survey of existing conditions of the site is included. A Boundary Survey is included
3. Graphics may be hand drawn during Design Development task.
4. Design fee is not to exceed $200,000.00.
5. This fee reflects an assumed maximum allowable construction cost of $1,000,000.00
Construction costs in excess of this amount may warrant additional fees.
6. Cost estimate will be limited to the hours specified. PRCS will review cost estimate
assumptions. Phasing is not anticipated in this scope of work
7. Specifications will not be provided for Design Development (30% design). A list of
specifications sections will be developed.
8. There are no critical areas on the projects site, including steep slope, wetland, wetland
buffer or shoreline. No critical area permits will be required.
9. No DNR coordination or permitting is anticipated.
10. No tribal coordination is anticipated
11. Permit support includes the submittal of either 90 or 100% drawings for permits, and up
to 1 plan revision.
12. J.A. Brennan does not provide contaminated soils remediation services. No contaminated
soils are anticipated on site.
13. No structural calculations will be provided for proposed seating walls.
14. Drainage design will follow guidance in the 2016 King County Drainage Manual and
Washington Department of Ecology’s Stormwater Management Manual for Western
Washington (2005), and relevant policies of the City of Kent as appropriate. Stormwater
management may make use of Low Impact Design facilities.
15. Electrical system design is included, for light poles, catenary lighting, inground lighting,
updated electrical supply service, power outlets at key locations and service for
projection system connections.
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16. Sheet size for contract documents will be based on City of Kent standard title block
which is a: 22” x 34”. City will provide the latest title block with City Logo in AutoCAD
format 2012.
17. Construction administration is limited to the number of site visits identified in this scope
of work and to the hours allocated in the attached fee matrix.
18. Grant support will not be part of this scope of work.
19. The City of Kent will provide, one consolidated and coordinated review comment
package for each milestone submittal. This includes DD (30%), 60% and 90%. Each
City review period will take no longer than three weeks.
20. J.A. Brennan Associates will not be responsible for working with adjacent landowners
except through a specified meeting process.
21. The City will provide public meeting notices, and meeting organization.
22. The contract design work will be complete by March 1, 2021.
23. City will be responsible for distribution of all documents.
24. It is assumed that there will be improvements in the ROW, that will include demolition,
sidewalk finishes, including concrete flatwork, and curb, street tree improvements, utility
connections. A Right of Way permit will be necessary.
25. One Public meeting presentation and preparation of materials is anticipated to update the
public on design progress. Illustrative boards combined with a PowerPoint presentation
will be prepared.
26. RCO is not providing funding for the development of Kherson Park.
27. Consideration to how the interpretive opportunities can be integrated will be limited to the
design development task and this will be limited to only site planning the location and how
interpretive panels might integrate into site design elements.
28. Detail design and theming of the interpretive design is not included in this contract. It is
identified as an optional service below for the client’s reference, if funding becomes
available.
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Task O1 – Optional Services - Donor Recognition (Not in Contract)
Task O1 – Donor Recognition
This task will include limited support with Parks and Economic Community Development
(ECD)to assist with the preparation of a donor recognition plan.
Deliverable will include a detailed donor recognition plan for the park that provides ECD with a
set of parameters for their capital campaign. This plan will need to be delivered by mid-
November to keep their fundraising effort on-schedule.
Deliverables Task O1
1. Donor recognition memo
Milestone:
o Donor recognition plan November 2020 (As needed)
Task O2 – Optional Services - Interpretive Design (Not in Contract)
Consultant lead:
(EDX) Interpretive design lead and screen wall collaboration prepare:
Interpretive design story to the Kent History and affiliation with Lunar Rover and space
Coordinate and collaborate Interactive education panels
Collaboration and input to screen wall design and materials.
Task E –Design Development 30% Design
The Conceptual Site Plan of the park site, developed 11/6/2019, will be the basis for the
schematic design development.
The draft and final schematic plan will be based on the project objectives, assumptions and
expectations as determined through discussion with the City of Kent. The park design program
will be as developed in the concept plan documents with a limited level of refinement, and as
described in the project description above. A preliminary square-footage level cost estimate will
be provided for the final schematic plan.
Refinements in schematic design may include Lunar Lander module play area scale and scope,
mission control panel scale and scope coordinated with play vendor, electrical design input and
stormwater design approach.
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Schematic design will also support city staff with developing a strategy to define and guide
donor recognition opportunities. A memo coordinated with City staff and a staff meeting will be
attended to summarize the donor recognition plan.
Interpretive Design Scope (EDX):
Schematic design phase will develop interpretive design opportunities for the Kent History room
and interactive panels with EDX interpretive consultant leading this effort.
EDX will facilitate the 6-hour interpretation kick-off meeting and design charette. The purpose
of the charette will be to gain multiple perspectives on the goals and aspirations for the project,
on the stories to be told, and the resources available to tell them. We will also solicit creative
ideas on exhibit approach and involve participants in hands-on activities to develop concepts for
the overall visitor experience of interpretive elements within Kherson park.
This meeting serves two important functions
This meeting serves two important functions. The first is to provide designers with the
background information to begin schematic design. The second is to develop strong rapport
among the project team members and to facilitate trust and strong communication throughout the
remainder of the project.
Building on the resources and ideas gleaned in the previous steps, and working in collaboration
with J.A. Brennan Associates, EDX will prepare two alternative Concept Designs for interpretive
elements at Kherson park. These will build upon the evolving landscape designs and will each
consider different approaches for the overall visitor experience. Alternatives will consider
different content organization strategies, flow, media, and graphic ‘look and feel’. A cost
estimate for each approach will be provided. The Concept Designs will be presented in a
workshop aimed at choosing a preferred alternative for moving forward into the Schematic
Design phase.
Based on input on the Concept Design package, EDX, in collaboration with J.A. Brennan
Associates, will build on the preferred alternative and create schematic designs that include
initial plans, elevations, and perspective views that illustrate the key interpretive and interactive
components of the exhibits, the relationships between them, and how they will be integrated into
the overall Kherson Park design. Initial graphic samples, including font selection and color
palettes, will be developed. An updated fabrication cost estimate will be included.
Interpretive Design Scope (EDX):
Based on review of the Schematic Design Package, EDX will further refine designs for the
interpretive elements including the exhibit structures, interactive elements, and graphic designs
for panels including first draft text for all elements and proposed FPO (for placement only)
photos and images. An initial fabrication drawing set will include plans, elevations, and sections
aimed at communicating design intent to the exhibit fabricator. An updated fabrication cost
estimate will be included.
Interpretive Deliverables Task D
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2. Interpretive design
a. Interpretive design charette
b. 2 Alternative interpretive design concepts and cost estimate for interpretive
options
c. Preferred Draft and final Schematic interpretive design graphics and cost estimate
Task F – Construction Documents 60, 90, and 100% Plans, Specs and Estimate (PSE)
Interpretive Design Scope (EDX):
In this phase, print-ready production files for all graphic elements are prepared. Final fabrication
drawings and reference information are finalized to thoroughly and accurately communicate to
the exhibit fabricator.
Tasks of this phase include reviewing fabricator produced shop drawings, product samples, and
printing proofs. It also includes one or two fabrication progress visits to the fabricator’s shop.
Interpretive Deliverables Task F
• Interpretive artwork
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EXHIBIT A (Continued)
Client: City of Kent DRAFT
Project: Kherson Park Phase 2 Design - Contract Documents
J.A. BRENNAN ASSOCIATES, PLLC
TASK DESCRIPTION JB TW DC CO TW SY Total Total Total Total Total Total Total Total Total Total Total Markup Grand
ITEM PM PLA LA LAII Designer Admin JAB J.A. Brennan J.A. Brennan GeoEngineers Cross Engineers LPD-Civil Chudgar PGS- Survey Total
Rate $195.00 $139.00 $129.00 $103.00 $89.00 $101.00 Hours Labor Expenses Labor/Exp w/ Markup Geotechnical Electrical Civil Structural Site - Survey Subconsultant
A Administration / Coordination
1 Job set-up 1 2 3 331.00 20.00 351.00 351.00 351.00
2 Progress reports 1 2 2 5 655.00 20.00 675.00 675.00 675.00
3 Prepare invoices 1 2 2 5 655.00 20.00 675.00 675.00 675.00
4 Scheduling 1 2 3 453.00 20.00 473.00 473.00 473.00
Total 3 0 7 0 0 6 16 2,094 80 2,174 2,174 0 0 0 0 0 0 0 2,174
B Site Inventory & Analysis
2.1 Landscape Site Analysis
1 Base map preparation 1 2 3 307.00 20.00 327.00 327.00 0.00 0.00 327.00
2 Background data review, reports, plans 1 2 3 307.00 20.00 327.00 327.00 0.00 0.00 327.00
3 Up to (1) site visit 2 2 4 436.00 60.00 496.00 496.00 0.00 0.00 496.00
4 Code review 2 2 4 436.00 20.00 456.00 456.00 0.00 0.00 456.00
Total Landscape Site Analysis 0 0 6 0 8 0 14 1,486.00 120.00 1,606.00 1,606.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,606.00
2.2 Geotechnical Investigations
1 Fieldwork test pits and PITs 1 1 129.00 20.00 149.00 262.60 1,136.00 1,136.00 113.60 1,398.60
2 Analysis and Design 0 0.00 20.00 20.00 192.40 1,724.00 1,724.00 172.40 1,916.40
3 Lab analysis 1 1 129.00 20.00 149.00 328.20 1,792.00 1,792.00 179.20 2,120.20
4 Report Preparation 1 1 129.00 20.00 149.00 188.70 397.00 397.00 39.70 585.70
Total Geotechnical Investigations 0 0 3 0 0 0 3 387.00 80.00 467.00 971.90 5,049.00 0.00 0.00 0.00 0.00 5,049.00 504.90 6,020.90
2.3 Surveying
1 Topographic Mapping and existing conditions include utilities,utility locate services 1 1 2 218.00 20.00 238.00 688.00 4,500.00 4,500.00 450.00 5,188.00
2 Boundary Survey 1 1 2 218.00 20.00 238.00 538.00 3,000.00 3,000.00 300.00 3,538.00
Total Surveying 0 0 2 0 2 0 4 436.00 40.00 476.00 1,226.00 0.00 0.00 0.00 0.00 7,500.00 7,500.00 750.00 8,726.00
Total Site Inventory and Analysis 0 0 11 0 10 0 21 2,309.00 240.00 2,549.00 3,803.90 5,049.00 0.00 0.00 0.00 7,500.00 12,549.00 1,254.90 16,352.90
C Design meetings and coordination
1 Team meetings (3)1 4 4 9 1,067.00 20 1,087.00 1,227.00 800.00 600.00 1,400.00 140.00 2,627.00
2 Client/ Team Kick off meeting 1 3 3 7 849.00 20 869.00 954.00 600.00 250.00 850.00 85.00 1,804.00
3 Stakeholder Meeting inlcude time for preparation (1 only)2 2 3 7 915.00 20 935.00 935.00 0.00 0.00 935.00
4 Up to 5 client meetings (JAB only)- 1.5 hour -conference call 2 7 6 15 1,827.00 20 1,847.00 1,847.00 0.00 0.00 1,847.00
5 Porgress Meetings (up to 8 conference calls with client 1 hr check in) 2 4 3 9 1,173.00 20 1,193.00 1,193.00 0.00 0.00 1,193.00
6 Prepare meeting & report graphics 1 3 4 8 938.00 20 958.00 958.00 0.00 0.00 958.00
Total 9 0 23 0 23 0 55 6,769.00 120.00 6,889.00 7,114.00 0.00 0.00 1,400.00 850.00 0.00 2,250.00 225.00 9,364.00
D Design Development - 30% Design
1 Sheet set-up 1 1 2 218.00 20.00 238.00 238.00 0.00 0.00 238.00
2 Site visit (1)2 2 4 436.00 20.00 456.00 456.00 0.00 0.00 456.00
3 Cover Sheet 1 3 4 396.00 20.00 416.00 416.00 0.00 0.00 416.00
4 TESC Site Plan and Demolition Civil Lead (1 sht 10 scale)1 1 89.00 40.00 129.00 199.00 700.00 700.00 70.00 899.00
5 Site Layout hardscape Plan (1 shts 1/8 scale)2 6 10 18 2,054.00 40.00 2,094.00 2,174.00 800.00 800.00 80.00 2,974.00
6 Grading Plan (1 shts 10 scale)1 6 8 15 1,681.00 40.00 1,721.00 1,801.00 800.00 800.00 80.00 2,601.00
7 Grading cut and fill calculations 0 0.00 40.00 40.00 40.00 0.00 0.00 40.00
8 Drainage, Utility, Paving ROW Plan ( Civil Lead - 1 shts 1/8 scale)1 3 2 6 760.00 40.00 800.00 920.00 1,200.00 1,200.00 120.00 2,120.00
9 Irrigation Bubble Diagram Plan (1 shts 10 scale)1 3 4 396.00 40.00 436.00 436.00 0.00 0.00 436.00
10 Electrical plan sheets (1 shts 10 scale)1 2 3 307.00 20.00 327.00 685.00 3,580.00 3,580.00 358.00 4,265.00
11 Planting Plan (1 shts 10 scale)1 3 8 12 1,294.00 20.00 1,314.00 1,314.00 0.00 0.00 1,314.00
12 Plant list (1sht)2 4 6 614.00 20.00 634.00 634.00 0.00 0.00 634.00
13 Site Sections (up to 2 sections on 1 sheet) 2 10 12 1,148.00 20.00 1,168.00 1,168.00 0.00 0.00 1,168.00
14 Landscape Standard Details (2 sheets)4 16 20 1,940.00 20.00 1,960.00 1,960.00 0.00 0.00 1,960.00
15 Landscape Custom Details (2 sheets)1 9 22 32 3,314.00 20.00 3,334.00 3,334.00 0.00 0.00 3,334.00
16 Structural Design Drawings (Structural lead)1 4 4 9 1,067.00 20.00 1,087.00 1,687.00 6,000.00 6,000.00 600.00 7,687.00
17 Drainage and Utilities Details 3 2 5 565.00 20.00 585.00 705.00 1,200.00 1,200.00 120.00 1,905.00
18 DD plan rendering and sections for City Council 1 2 8 11 1,165.00 20.00 1,185.00 1,185.00 0.00 0.00 1,185.00
19 Coordinate with play vendor for play feature lunar lander and mission control development 1 6 6 13 1,503.00 20.00 1,523.00 1,523.00 0.00 0.00 1,523.00
20 Product and materials Research and memo (3 pages)1 4 5 10 1,156.00 20.00 1,176.00 1,176.00 0.00 0.00 1,176.00
21 Specifications (Table of Contents only CSI)2 1 3 347.00 20.00 367.00 417.00 200.00 300.00 500.00 50.00 917.00
22 Cost estimate (team input)1 6 8 15 1,681.00 20.00 1,701.00 1,791.00 900.00 900.00 90.00 2,691.00
23 Revise tech memo 2 1 2 5 539.00 20.00 559.00 559.00 0.00 0.00 559.00
Total 11 0 70 1 128 0 210 22,670.00 580.00 23,250.00 24,818.00 0.00 3,580.00 5,800.00 6,300.00 0.00 15,680.00 1,568.00 40,498.00
E Permit Support
1 SEPA Checklist-draft,final 1 6 2 7 16 1,798.00 20.00 1,818.00 1,818.00 0.00 0.00 1,818.00
2 Review, Prepare permit applications (up to 3) 1 3 2 8 14 1,500.00 20.00 1,520.00 1,520.00 0.00 0.00 1,520.00
3 Attend Pre-application meeting with City of Kent 3 3 6 654.00 20.00 674.00 674.00 0.00 0.00 674.00
4 Comment Response to City review 3 4 7 743.00 20.00 763.00 763.00 0.00 0.00 763.00
5 Grading ,Drainage and building Permit 1 6 2 10 19 2,065.00 20.00 2,085.00 2,165.00 800.00 800.00 80.00 2,965.00
6 Client /Agency Coordination 4 6 10 1,050.00 20.00 1,070.00 1,070.00 0.00 0.00 1,070.00
Total 3 0 25 6 38 0 72 7,810.00 120.00 7,930.00 8,010.00 0.00 0.00 800.00 0.00 0.00 800.00 80.00 8,810.00
F Construction Documents 60%, 90%, 100% Plans Specs and Estimate
1 Cover Sheet (all sheets 22x34, )1 2 3 307.00 20.00 327.00 327.00 0.00 0.00 327.00
2 Existing Conditions Plan (1 sht 10 scale)1 4 5 485.00 20.00 505.00 505.00 0.00 0.00 505.00
3 Tree protection Plan (1 sht 10 scale)3 9 12 1,188.00 20.00 1,208.00 1,208.00 0.00 0.00 1,208.00
4 TESC Site Plan and Demolition (civil lead ) (1 sht 10 scale)1 2 3 307.00 20.00 327.00 427.00 1,000.00 1,000.00 100.00 1,427.00
5 Details: BMP/ TESC civil lead (1 sht)1 2 3 307.00 20.00 327.00 427.00 1,000.00 1,000.00 100.00 1,427.00
6 Site Layout Hardscape Plan (1 shts 1/8 scale)1 6 4 16 27 2,805.00 20.00 2,825.00 2,885.00 600.00 600.00 60.00 3,485.00
7 Grading Plan (1 shts 10 scale)1 8 16 25 2,651.00 20.00 2,671.00 2,671.00 0.00 0.00 2,671.00
8 Drainage, Utility, Paving ROW Plan ( Civil Lead - 1 shts 1/8 scale)3 2 5 565.00 20.00 585.00 835.00 2,500.00 2,500.00 250.00 3,335.00
9 Electrical Plan sheets 1 3 2 6 760.00 20.00 780.00 1,648.00 8,680.00 8,680.00 868.00 10,328.00
10 Irrigation Plan (1 sht 1/8 scale)8 16 24 2,456.00 20.00 2,476.00 2,476.00 0.00 0.00 2,476.00
11 Planting Plan (1 sht 1/8 scale)1 8 18 27 2,829.00 20.00 2,849.00 2,849.00 0.00 0.00 2,849.00
12 Plant list (1sht)4 8 12 1,228.00 20.00 1,248.00 1,248.00 0.00 0.00 1,248.00
13 Detail Area Plans - Play ground area/ Plaza area (1 shts 1/4 scale)2 8 16 26 2,846.00 20.00 2,866.00 2,866.00 0.00 0.00 2,866.00
14 Details: Custom and Sections (up to 2 shts)2 4 12 28 46 4,986.00 20.00 5,006.00 5,006.00 0.00 0.00 5,006.00
15 Details: Paving (2 sht) coordinated with civil 2 13 34 49 5,093.00 20.00 5,113.00 5,163.00 500.00 500.00 50.00 5,663.00
16 Details: Drainage/ utilities (2 sht - civil)1 6 4 11 1,325.00 20.00 1,345.00 1,475.00 1,300.00 1,300.00 130.00 2,775.00
17 Details: Structural Design Drawings (structural lead)2 6 3 11 1,431.00 20.00 1,451.00 2,088.50 6,375.00 6,375.00 637.50 8,463.50
18 Structural Calcs.1 2 3 6 720.00 20.00 740.00 1,162.50 4,225.00 4,225.00 422.50 5,387.50
19 Details: Hardscape/ Site Elements (2 shts)2 4 8 40 54 5,538.00 20.00 5,558.00 5,558.00 0.00 0.00 5,558.00
20 Details: Site Furniture (1 sht)1 8 16 25 2,651.00 20.00 2,671.00 2,671.00 0.00 0.00 2,671.00
21 Details: Planting (1 sht)2 4 8 14 1,618.00 20.00 1,638.00 1,638.00 0.00 0.00 1,638.00
22 Details: Irrigation Details (1 sht)2 12 14 28 3,184.00 20.00 3,204.00 3,204.00 0.00 0.00 3,204.00
23 Grading cut and fill calculations 4 3 7 783.00 20.00 803.00 803.00 0.00 0.00 803.00
24 Drainage Report Final TIR and SWPPP 2 3 5 525.00 20.00 545.00 825.00 2,800.00 2,800.00 280.00 3,625.00
August 25, 2020
JA Brennan-Amendment 3-FEES.xls,Kherson Park CD phase 9/2/2020 Fee Proposal 1
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Project: Kherson Park Phase 2 Design - Contract Documents
J.A. BRENNAN ASSOCIATES, PLLC
TASK DESCRIPTION JB TW DC CO TW SY Total Total Total Total Total Total Total Total Total Total Total Markup Grand
ITEM PM PLA LA LAII Designer Admin JAB J.A. Brennan J.A. Brennan GeoEngineers Cross Engineers LPD-Civil Chudgar PGS- Survey Total
Rate $195.00 $139.00 $129.00 $103.00 $89.00 $101.00 Hours Labor Expenses Labor/Exp w/ Markup Geotechnical Electrical Civil Structural Site - Survey Subconsultant
August 25, 2020
25 Prepare Illsutrative 1 Plan and 2 Section - Rendering 3 12 15 1,455.00 20.00 1,475.00 1,475.00 0.00 0.00 1,475.00
26 Cost Estimate 1 10 4 12 27 2,965.00 20.00 2,985.00 3,185.00 800.00 1,200.00 2,000.00 200.00 5,185.00
27 Specifications (CSI)3 36 14 22 75 8,629.00 20.00 8,649.00 8,896.50 1,000.00 1,475.00 2,475.00 247.50 11,371.50
Total 25 8 181 22 315 0 551 59,637.00 540.00 60,177.00 63,522.50 0.00 8,680.00 11,500.00 13,275.00 0.00 33,455.00 3,345.50 96,977.50
G Bid Support
1 Answer contractor's questions during bidding 2 3 5 525.00 20.00 545.00 706.60 816.00 800.00 1,616.00 161.60 2,322.60
2 Pre-bid meeting 3 3 6 654.00 20.00 674.00 674.00 0.00 0.00 674.00
3 Up to 3 addenda 1 2 4 7 809.00 20.00 829.00 849.00 200.00 200.00 20.00 1,049.00
Total 1 0 7 0 10 0 18 1,988.00 60.00 2,048.00 2,229.60 0.00 816.00 1,000.00 0.00 0.00 1,816.00 181.60 4,045.60
H Construction Support
1 Attend Pre-Con Meeting 3 3 6 654.00 20.00 674.00 674.00 0.00 0.00 674.00
2 Submittal Review (up to 8)1 4 13 18 1,868.00 20.00 1,888.00 2,048.00 600.00 1,000.00 1,600.00 160.00 3,648.00
3 RFI review and Response (up to 5)4 6 10 1,050.00 20.00 1,070.00 1,150.00 800.00 800.00 80.00 1,950.00
4 Support with modification Proposal or Change Order (up to 3)1 4 4 9 1,067.00 20.00 1,087.00 1,087.00 0.00 0.00 1,087.00
5 Attend up to 6 site observation meetings -include field notes 2 10 12 24 2,748.00 120.00 2,868.00 2,928.00 600.00 600.00 60.00 3,528.00
6 Attend up to 4 progress meetings -include field notes 2 8 8 18 2,134.00 20.00 2,154.00 2,154.00 0.00 0.00 2,154.00
7 Punch list and close out 2 4 4 10 1,262.00 20.00 1,282.00 1,422.00 600.00 800.00 1,400.00 140.00 2,822.00
8 Prepare Record Drawings (AutoCAD)6 12 18 1,842.00 20.00 1,862.00 2,022.00 800.00 800.00 1,600.00 160.00 3,622.00
Total 8 0 43 0 62 0 113 12,625.00 260.00 12,885.00 13,485.00 0.00 2,000.00 4,000.00 0.00 0.00 6,000.00 600.00 19,485.00
Total 60 8 367 29 586 6 1,118 115,902.00 2,000.00 117,902.00 125,157.00 5,049.00 15,076.00 24,500.00 20,425.00 7,500.00 72,550.00 7,255.00 197,707.00
Assumed MACC is $1,000,000.00 per Concept Design Cost estimate
20% Design A/E +/- $200,000.00
15% Design A/E ($150,000.00)
Optional Service Not included in Contract - Donor
Recognition Support
O1 Donor Recognition Support
1 Donor Recognition Strategy Meeting 3 3 2 8 1,150.00 20 1,170.00 1,170.00 0.00 0.00 1,170.00
2 Donor Recognition Strategy and Memo 3 4 2 9 1,279.00 20.00 1,299.00 1,299.00 0.00 0.00 1,299.00
Total 6 0 7 0 4 0 17 2,429.00 40.00 2,469.00 2,469.00 0.00 0.00 0 0 0 0 0 2,469.00
Optional Service Not included in Contract - Interpreteive
Design for Kent History Room and Interactive Panels Edx- Intepretive
O2 Interpretive Design
1 Task D Design Development - Interpretive Design Charette 5 5 10 1,620.00 20 1,640.00 2,180.00 5,400.00 5,400.00 540.00 7,580.00
2 Task D Design development - Interpretive Alternative Concept theme development 2 4 6 906.00 20 926.00 1,586.00 6,600.00 6,600.00 660.00 8,186.00
3 Task D Design Development Interpretive - Preferred Draft and Final Schematic (Kent History a 3 2 5 843.00 20 863.00 1,593.00 7,300.00 7,300.00 730.00 8,893.00
4 Construction Documents 60%, 90%, 100% - Interpretive Design Detailing (EDX Lead)1 4 6 11 1,245.00 20.00 1,265.00 2,115.00 8,500.00 8,500.00 850.00 10,615.00
5 Construction Documents 60%, 90%, 100% - Interpretive Final Design 4 1 6 2 13 1,871.00 20.00 1,891.00 2,791.00 9,000.00 9,000.00 900.00 11,791.00
6 Construction Documents 60%, 90%, 100% - Interpretive Design - Production art ready final fa 4 1 6 2 13 1,871.00 20.00 1,891.00 2,291.00 4,000.00 4,000.00 400.00 6,291.00
7 Construction Support - Interpretive - Shop drawing review and site visit 2 2 4 436.00 20.00 456.00 656.00 2,000.00 2,000.00 200.00 2,656.00
Total 19 2 29 0 12 0 62 8,792.00 140.00 8,932.00 13,212.00 0.00 42,800.00 0 0 0 42,800 4,280 56,012.00
JA Brennan-Amendment 3-FEES.xls,Kherson Park CD phase 9/2/2020 Fee Proposal 2
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EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
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EXHIBIT B (Continued)
aggregate and a $1,000,000 products-completed operations
aggregate limit.
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant’s Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer’s liability. D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: September 22, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: West Hill Reservoir Schedule 74 Construction Agreement -
Authorize
MOTION: Authorize the Mayor to sign all documents necessary to complete
the power undergrounding project prior to construction of the West Hill
Reservoir subject to final terms and conditions acceptable to the Public
Works Director and City Attorney.
SUMMARY: In August of 2019, Council approved the Kronisch property as the site
for a new drinking water reservoir on the West Hill. The reservoir is needed to meet
water storage and fire flow standards, and will enable future development and
redevelopment on the West Hill.
The project requires relocation of existing overhead power lines from overhead to
underground. This is necessary because if left in place the overhead powerlines will
conflict with construction equipment.
Power line overhead to underground conversion requires the city to pay 40% of the
cost, via an agreement with PSE. The City’s share would be $145,144.69.
BUDGET IMPACT: The costs for the construction agreement with PSE will not
exceed $145,144.69 and are included in the project budget, which w ill be paid for
from the water fund.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. West Hill Reservoir PSE Schedule 74 (PDF)
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Construction Agreement, Attachment “B” to Schedule 74, Page 1
Kent 38th Ave S – Sch74 Conversion
SCHEDULE 74 UNDERGROUND CONVERSION
Project Construction Agreement
Project Name: Kent 38th Ave S – Sch74 Conversion
Project Number: 101122390
THIS Agreement, dated as of this 11 day of August, 2020, is made by and between the City of
Kent, a Municipal Corporation (the “Government Entity”), and PUGET SOUND ENERGY, Inc., a
Washington Corporation (the “Company").
RECITALS
A. The Company is a public service company engaged in the sale and distribution of electric
energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its
electric distribution facilities within the jurisdictional boundaries of the Government Entity.
B. The Government Entity has determined that it is necessary to replace the existing overhead
electric distribution system within the area specified in the Project Plan (as defined below) (the
"Conversion Area") with a comparable underground electric distribution system, all as more specifically
described in the Project Plan (the "Conversion Project").
C. The Government Entity and the Company have previously entered into a Project Design
Agreement dated as of __________ (the "Design Agreement"), pursuant to which the parties completed
certain engineering design, cost assessment, operating rights planning and other preliminary work relating
to the Conversion Project and, in connection with that effort, developed the Project Plan.
D. The Government Entity and the Company wish to execute this written contract in accordance
with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the completion of the
Conversion Project, which both parties intend shall qualify as an underground conversion under the terms
of Schedule 74.
AGREEMENT
The Government Entity and the Company therefore agree as follows:
1. Definitions.
(a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same
meanings when used in this Agreement, including, without limitation, the following:
i) Cost of Conversion;
ii) Public Thoroughfare;
iii) Temporary Service;
iv) Trenching and Restoration;
v) Underground Distribution System; and
vi) Underground Service Lines.
(b) “Company-Initiated Upgrade” shall mean any feature of the Underground Distribution System
which is required by the Company and is not reasonably required to make the Underground
Distribution System comparable to the overhead distribution system being replaced. For
purposes of the foregoing, a "comparable" system shall include, unless the Parties otherwise
agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less)
4.H.a
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Construction Agreement, Attachment “B” to Schedule 74, Page 2
Kent 38th Ave S – Sch74 Conversion
of such diameter and number as may be specified and agreed upon in the Project Plan necessary
to replicate the load-carrying capacity (system amperage class) of the overhead system being
replaced.
(c) “Estimated Reimbursable Private Conversion Costs” shall mean the Company's good faith
estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below.
(d) “Estimated Reimbursable Temporary Service Costs” shall mean the Company's good faith
estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below.
(e) “Estimated Reimbursable Upgrade Costs” shall mean the Company's good faith estimate of the
Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from
time to time in accordance with Section 6, below.
(f) “Estimated Shared Company Costs” shall mean the Company's good faith estimate of the Shared
Company Costs, as specified in the Project Plan and as changed and adjusted from time to time
in accordance with Section 6, below.
(g) “Estimated Shared Government Costs” shall mean the Government Entity's good faith estimate of
the Shared Government Costs, as specified in the Project Plan and as changed and adjusted
from time to time in accordance with Section 6, below.
(h) “Government-Requested Upgrade” shall mean any feature of the Underground Distribution
System which is requested by the Government Entity and is not reasonably required to make the
Underground Distribution System comparable to the overhead distribution system being replaced.
For purposes of the foregoing, any empty ducts installed at the request of the Government Entity
shall be a Government-Requested Upgrade.
(i) “Party” shall mean either the Company, the Government Entity, or both.
(j) “Private Property Conversion” shall mean that portion, if any, of the Conversion Project for which
the existing overhead electric distribution system is located, as of the date determined in
accordance with Schedule 74, (i) outside of the Public Thoroughfare, or (ii) pursuant to rights not
derived from a franchise previously granted by the Government Entity or pursuant to rights not
otherwise previously granted by the Government Entity.
(k) “Project Plan” shall mean the project plan developed by the Parties under the Design Agreement
and attached hereto as Exhibit A, as the same may be changed and amended from time to time in
accordance with Section 6, below. The Project Plan includes, among other things, (i) a detailed
description of the Work that is required to be performed by each Party and any third party, (ii) the
applicable requirements and specifications for the Work, (iii) a description of the Operating Rights
that are required to be obtained by each Party for the Conversion Project (and the requirements
and specifications with respect thereto), (iv) an itemization and summary of the Estimated Shared
Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private
Conversion Costs (if any), Estimated Reimbursable Temporary Service Costs (if any) and
Estimated Reimbursable Upgrade Costs (if any), and (v) the Work Schedule.
(l) “Operating Rights” shall mean sufficient space and legal rights for the construction, operation,
repair, and maintenance of the Underground Distribution System.
(m) “Reimbursable Private Conversion Costs” shall mean (i) all Costs of Conversion, if any, incurred
by the Company which are attributable to a Private Property Conversion, less (ii) the distribution
pole replacement costs (if any) that would be avoided by the Company on account of such Private
Property Conversion, as determined consistent with the applicable Company distribution facilities
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Construction Agreement, Attachment “B” to Schedule 74, Page 3
Kent 38th Ave S – Sch74 Conversion
replacement program, plus (iii) just compensation as provided by law for the Company's interests
in real property on which such existing overhead distribution system was located prior to
conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable to
the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the Estimated
Reimbursable Private Conversion Costs without the prior written authorization of the Government
Entity.
(n) “Reimbursable Temporary Service Costs” shall mean all costs incurred by the Company which
are attributable to (i) any facilities installed as part of the Conversion Project to provide Temporary
Service, as provided for in Schedule 74, and (ii) the removal of any facilities installed to provide
Temporary Service (less salvage value of removed equipment); provided that the Reimbursable
Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs
without the prior written authorization of the Government Entity.
(o) “Reimbursable Upgrade Costs” shall mean all Costs of Conversion incurred by the Company
which are attributable to any Government-Requested Upgrade; provided that the Reimbursable
Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior
written authorization of the Government Entity.
(p) “Shared Company Costs” shall mean all Costs of Conversion (other than Reimbursable Upgrade
Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs)
incurred by the Company in connection with the Conversion Project; provided, however, that the
Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior
written authorization of the Government Entity. For the avoidance of doubt, the "Shared Company
Costs" shall, as and to the extent specified in the Design Agreement, include the actual,
reasonable costs to the Company for the "Design Work" performed by the Company under the
Design Agreement.
(q) “Shared Government Costs” shall mean all Costs of Conversion incurred by the Government
Entity in connection with (i) any duct and vault installation Work which the Parties have specified
in the Project Plan is to be performed by the Government Entity as part of the Government Work,
and (ii) the acquisition of any Operating Rights which the Parties have, by mutual agreement,
specified in the Project Plan are to be obtained by the Government Entity for the Conversion
Project, but only to the extent attributable to that portion of such Operating Rights which is
necessary to accommodate the facilities of the Company; provided, however, that the Shared
Government Costs shall not exceed the Estimated Shared Government Costs without the prior
written authorization of the Company.
(r) “Total Shared Costs” shall mean the sum of the Shared Company Costs and the Shared
Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include, without
limitation, (i) costs to the Government Entity for Trenching and Restoration, or (ii) costs associated
with any joint use of trenches by other utilities as permitted under Section 3(b).
(s) “Work” shall mean all work to be performed in connection with the Conversion Project, as more
specifically described in the Project Plan, including, without limitation, the Company Work (as
defined in Section 2(a), below) and the Government Work (as defined in Section 3(a), below).
(t) “Work Schedule” shall mean the schedule specified in the Project Plan which sets forth the
milestones for completing the Work, as the same may be changed and amended from time to
time in accordance with Section 6, below.
2. Obligations of the Company.
(a) Subject to the terms and conditions of this Agreement, the Company shall do the following as
specified in, and in accordance with the design and construction specifications and other
requirements set forth in, the Project Plan (the "Company Work"):
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Construction Agreement, Attachment “B” to Schedule 74, Page 4
Kent 38th Ave S – Sch74 Conversion
i) furnish and install an Underground Distribution System within the Conversion Area
(excluding any duct and vault installation or other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity);
ii) provide a Company inspector on-site at the times specified in the Work Schedule to
inspect the performance of any duct and vault installation Work which the Parties
have specified in the Project Plan is to be performed by the Government Entity; and
iii) upon connection of those persons or entities to be served by the Underground
Distribution System and removal of facilities of any other utilities that are connected to
the poles of the overhead system, remove the existing overhead system (including
associated wires and Company-owned poles) of 15,000 volts or less within the
Conversion Area except for Temporary Services.
(b) Upon request of the Government Entity, the Company shall provide periodic reports of the
progress of the Company Work identifying (i) the Company Work completed to date, (ii) the
Company Work yet to be completed, and (iii) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Company Costs, the Estimated
Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service
Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and the Work Schedule.
(c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own, operate
and maintain all electrical facilities installed pursuant to this Agreement including, but not limited
to, the Underground Distribution System and Underground Service Lines.
(d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company
Work in accordance with the Project Plan, the Work Schedule and this Agreement.
3. Obligations of the Government Entity.
(a) Subject to the terms and conditions of this Agreement, the Government Entity shall do the
following as specified in, and in accordance with the design and construction specifications and
other requirements set forth in, the Project Plan (the "Government Work"):
i) provide the Trenching and Restoration;
ii) perform the surveying for alignment and grades for ducts and vaults; and
iii) perform any duct and vault installation and other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity.
(b) Other utilities may be permitted by the Government Entity to use the trenches provided by the
Government Entity for the installation of their facilities so long as such facilities or the installation
thereof do not interfere (as determined pursuant to the Company's electrical standards) with the
Underground Distribution System or the installation or maintenance thereof. Any such use of the
trenches by other utilities shall be done subject to and in accordance with the joint trench design
specifications and installation drawings set forth or otherwise identified in the Project Plan, and the
Government Entity shall be responsible for the coordination of the design and installation of the
facilities of the other utilities to ensure compliance with such specifications and drawings.
(c) Upon request of the Company, the Government Entity shall provide periodic reports of the
progress of the Government Work identifying (i) the Government Work completed to date, (ii) the
Government Work yet to be completed, and (iii) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Government Costs and the Work
Schedule.
(d) The Government Entity shall be responsible for coordinating all work to be performed in
connection with the street improvement program within the Conversion Area.
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(e) Subject to the terms and conditions of this Agreement, the Government Entity shall perform all
Government Work in accordance with the Project Plan, the Work Schedule and this Agreement.
4. Work Schedule.
(a) The Government Entity and the Company have agreed upon the Work Schedule as set forth in
the Project Plan. Changes to the Work Schedule shall be made only in accordance with
Section 6, below.
(b) Promptly following the execution of this Agreement, and upon completion by the Government
Entity of any necessary preliminary work, the Government Entity shall hold a pre-construction
meeting involving all participants in the Conversion Project to review project design, coordination
requirements, work sequencing and related pre-mobilization requirements. Following the pre-
construction meeting, the Government Entity shall give the Company written notice to proceed
with the Work at least ten (10) business days prior to the commencement date specified in the
Work Schedule.
(c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work
assigned to it under this Agreement in accordance with the Work Schedule. So long as the
Company performs the Company Work in accordance with the Work Schedule, the Company
shall not be liable to the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives) for any claims, actions, damages, or liability asserted or
arising out of delays in the Work Schedule.
5. Location of Facilities.
All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be
located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable
provisions of Schedule 74, as specified by the Parties in the Project Plan.
6. Changes.
(a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the
Work within the general scope of this Agreement (a "Request for Change"), including, but not
limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (ii) changes in the
specifications, drawings and other requirements in the Project Plan, (iii) changes in the Work
Schedule, and (iv) changes in the location, alignment, dimensions or design of items included in
the Work. No Request for Change shall be effective and binding upon the Parties unless signed
by an authorized representative of each Party.
(b) If any change included in an approved Request for Change would cause a change in the cost of,
or the time required for, the performance of any part of the Work, an equitable adjustment shall be
made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the
Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable
Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and/or the
Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective
of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to
agree upon the terms of the equitable adjustment, either Party may submit the matter for
resolution pursuant to the dispute resolution provisions in Section 10, below.
(c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government
Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable
Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further
equitably adjusted from time to time to reflect any change in the costs or time required to perform
the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11,
below, (ii) the discovery of any condition within the Conversion Area which affects the scope, cost,
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Construction Agreement, Attachment “B” to Schedule 74, Page 6
Kent 38th Ave S – Sch74 Conversion
schedule or other aspect of the Work and was not known by or disclosed to the affected Party
prior to the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding
the scope, cost, schedule or other aspect of the Work which are expressly identified by the Parties
in the Project Plan. Upon the request of either Party, the Parties will negotiate in good faith with
the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time
thereafter, the Parties are unable to agree upon the terms of the equitable adjustment, either
Party may submit the matter for resolution pursuant to the dispute resolution provisions in
Section 10, below.
(d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable
equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in
accordance with any approved Request for Change. Any request to proceed hereunder must be
accompanied by a written statement setting forth the requesting Party's reasons for rejecting the
proposed equitable adjustment of the other Party.
7. Compensation and Payment.
(a) Subject to and in accordance with the terms and conditions of this Agreement (including, without
limitation, the payment procedures set forth in this Section 7), payment in connection with the
Conversion Project and this Agreement shall be as follows:
i) The Total Shared Costs shall be allocated to the Parties in the following percentages:
(A) sixty percent (60%) to the Company, and (B) forty percent (40%) to the
Government Entity.
ii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Private Conversion Costs, if any.
iii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Upgrade Costs, if any.
iv) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Temporary Service Costs, if any.
v) The Government Entity shall pay one hundred percent (100%) of the costs it incurs to
perform that portion of the Government Work specified in Section 3(a)(i) and (ii) (i.e.,
Trenching and Restoration and surveying).
vi) The Company shall pay one hundred percent (100%) of the costs it incurs to design,
provide and construct any Company-Initiated Upgrade.
vii) The Company shall pay one hundred percent (100%) of the costs it incurs to obtain
Operating Rights outside the Public Thoroughfare.
(b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall
determine the net amount payable by the Government Entity or the Company, as applicable, to
the other Party under this Agreement (the "Net Amount"). The Net Amount shall be determined
by using the amount of the Total Shared Costs allocated to the Government Entity under
Section 7(a)(i), and adjusting such amount as follows:
i) Subtracting (as a credit to the Government Entity) the amount of the Shared
Government Costs.
ii) Adding (as a credit to the Company) the amount of all Reimbursable Private
Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary
Service Costs.
iii) Subtracting (as a credit to the Government Entity) any payments previously made to
the Company by the Government Entity under the Design Agreement which, under
the terms of the Design Agreement, are to be credited to the Government Entity
under this Agreement.
The Net Amount, as so calculated, (A) will be an amount payable to the Company if it is a positive
number, and (B) shall be an amount payable to the Government Entity if it is a negative number.
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Construction Agreement, Attachment “B” to Schedule 74, Page 7
Kent 38th Ave S – Sch74 Conversion
(c) Within sixty (60) business days of completion of the Conversion Project, the Government Entity
shall provide the Company with an itemization of the Shared Government Costs (the "Government
Itemization"), together with such documentation and information as the Company may reasonably
request to verify the Government Itemization. The Government Itemization shall, at a minimum,
break down the Shared Government Costs by the following categories, as applicable: (i) property
and related costs incurred and/or paid by the Government Entity, including any costs of obtaining
Operating Rights, and (ii) construction costs incurred and/or paid by the Government Entity,
including and listing separately inspection, labor, materials and equipment, overhead and all costs
charged by any agent, contractor or subcontractor of the Government Entity.
(d) Within thirty (30) business days after the Company's receipt of the Government Itemization and
requested documentation and information, the Company shall provide the Government Entity a
written statement (the "Company Statement") showing (i) an itemization of the Shared Company
Costs, (ii) the Parties' relative share of the Total Shared Costs based on the Company's
itemization of the Shared Company Costs and the Government Entity's itemization of the Shared
Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private
Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary
Service Costs, (vi) any credits to the Government Entity for payments previously made to the
Company by the Government Entity under the Design Agreement which, under the terms of the
Design Agreement, are to be credited to the Government Entity under this Agreement, and
(vii) the Net Amount, as determined in accordance with Section 7(b), above, together with such
documentation and information as the Government Entity may reasonably request to verify the
Company Statement. The itemization of the Shared Company Costs included in the Company
Statement shall, at a minimum, break down the Shared Company Costs by the following
categories, as applicable: (i) design and engineering costs, and (ii) construction costs, including
and listing separately inspection, labor, materials and equipment, overhead and all costs charged
by any agent, contractor or subcontractor of the Company.
(e) Within thirty (30) business days after the Government Entity's receipt of the Company Statement
and requested documentation and information, the Net Amount shall be paid by the owing Party to
the other Party, as specified in the Company Statement.
8. Indemnification.
(a) The Government Entity releases and shall defend, indemnify and hold the Company harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful
misconduct of the Government Entity in its performance under this Agreement. During the
performance of such activities the Government Entity's employees or contractors shall at all times
remain employees or contractors, respectively, of the Government Entity.
(b) The Company releases and shall defend, indemnify and hold the Government Entity harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful
misconduct of the Company in its performance under this Agreement. During the performance of
such activities the Company's employees or contractors shall at all times remain employees or
contractors, respectively, of the Company.
(c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8,
each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the
Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless
provided for in this Section 8 extends to any such claim brought against the indemnified Party by
or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way
preclude the indemnifying Party from raising such immunity as a defense against any claim
brought against the indemnifying Party by any of its employees.
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Construction Agreement, Attachment “B” to Schedule 74, Page 8
Kent 38th Ave S – Sch74 Conversion
9. Conversion of Service to Customers within Conversion Area.
(a) Upon commencement of the Work, the Government Entity shall notify all persons and entities
within the Conversion Area that service lines to such customers must be converted from overhead
to underground service within the applicable statutory period following written notice from the
Government Entity that service from underground facilities are available in accordance with RCW
35.96.050. Upon the request of any customer, other than a single family residential customer,
within the Conversion Area, the Company shall remove the overhead system and connect such
persons’ and entities’ Underground Service Lines to the Underground Distribution System.
(b) The Parties acknowledge that single family residences within the Conversion Area must (i)
provide a service trench and conduit, in accordance with the Company's specifications, from the
underground meter base to the point of service provided during the conversion, and (ii) pay for the
secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The
Government Entity shall exercise its authority to order disconnection and removal of overhead
facilities with respect to owners failing to convert service lines from overhead to underground
within the timelines provided in RCW 35.96.050.
10. Dispute Resolution.
(a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be
presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the
other Party in writing as to the nature of the dispute. Each Party shall appoint a representative
who shall be responsible for representing the Party's interests. The representatives shall exercise
good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business
days of the date the disagreement was first raised by written notice shall be referred by the
Parties' representatives in writing to the senior management of the Parties for resolution. In the
event the senior management are unable to resolve the dispute within twenty (20) business days
(or such other period as the Parties may agree upon), each Party may pursue resolution of the
dispute through other legal means consistent with the terms of this Agreement. All negotiations
pursuant to these procedures for the resolution of disputes shall be confidential and shall be
treated as compromise and settlement negotiations for purposes of the state and federal rules of
evidence.
(b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable
adjustment under Section 6, above, or the compensation payable by or to either Party under
Section 7, above, and which is not resolved by senior management within the time permitted
under Section 10(a), above, shall be resolved by arbitration in Seattle, Washington, under the
Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The
decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other
disputes shall be resolved by litigation in any court or governmental agency, as applicable, having
jurisdiction over the Parties and the dispute.
(c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms
and other common costs shall be divided equally among the Parties. Each Party shall bear the
cost and expense of preparing and presenting its own case (including, but not limited to, its own
attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or
her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses
(including, but not limited to, reasonable attorneys' fees) by the other Party.
(d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their
respective obligations under this Agreement during the pendency of any dispute.
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Construction Agreement, Attachment “B” to Schedule 74, Page 9
Kent 38th Ave S – Sch74 Conversion
11. Uncontrollable Forces.
In the event that either Party is prevented or delayed in the performance of any of its obligations under
this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that Party’s
performance shall be excused during the Force Majeure Event. Force Majeure Events shall include,
without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or
other condition which necessitates the mobilization of the personnel of a Party or its contractors to
restore utility service to customers; laws, regulations, rules or orders of any governmental agency;
sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third
party; or any failure or delay in the performance by the other Party, or a third party who is not an
employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the
Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming
a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited
manner under this Agreement or procure a substitute for such obligation. The Parties shall use all
commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event.
12. Insurance.
(a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout the
duration of the Conversion Project (or, if sooner, until termination of this Agreement)
comprehensive general liability insurances, with a minimum coverage of $__________ per
occurrence and $__________ aggregate for personal injury; and $__________ per occurrence/
aggregate for property damages, and professional liability insurance in the amount of $________.
(b) The Government Entity shall ensure that each of its contractors performing any Government Work
secures and maintains in force throughout the duration of the Conversion Project (or, if sooner,
until termination of this Agreement) insurance policies having the same coverage, amounts and
limits as specified Section 12(a), above.
(c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self-
insure against such risks in such amounts as are consistent with good utility practice. Upon the
Government Entity's request, the Company shall provide the Government Entity with reasonable
written evidence that the Company is maintaining such self-insurance.
13. Other.
(a) Agreement Subject To Tariff. This Agreement is subject to the General Rules and Provisions set
forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff
as approved by the Washington Utilities and Transportation Commission and in effect as of the
date of this Agreement.
(b) Termination. The Government Entity reserves the right to terminate the Conversion Project and
this Agreement upon written notice to the Company. In the event that the Government Entity
terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the
Company for all costs reasonably incurred by the Company in connection with the Work
performed prior to the effective date of termination. In such event, the costs reimbursable to the
Company (i) shall not be reduced by any Shared Government Costs or other costs incurred by the
Government Entity, and (ii) shall be paid within thirty (30) days after the receipt of the Company's
invoice therefor. Sections 1, 5, 7, 8, 9, 10, 11 and 13 shall survive any termination of the
Conversion Project and/or this Agreement.
(c) Facilities Greater Than 15,000 Volts. Nothing in this Agreement shall in any way affect the rights
or obligations of the Company under any previous agreements pertaining to the existing or future
facilities of greater than 15,000 Volts within the Conversion Area.
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Kent 38th Ave S – Sch74 Conversion
(d) Compliance With Law. The Parties shall, in performing the Work under this Agreement, comply
with all applicable federal, state, and local laws, ordinances, and regulations.
(e) No Discrimination. The Company, with regard to the Work performed by the Company under this
Agreement, shall comply with all applicable laws relating to discrimination on the basis race, color,
national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in
the selection and retention of employees or procurement of materials or supplies.
(f) Independent Contractor. The Company and the Government Entity agree that the Company is an
independent contractor with respect to the Work and this Agreement. The Company is acting to
preserve and protect its facilities and is not acting for the Government Entity in performing the
Work. Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the Parties. Neither the Company nor any employee of the Company shall be
entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this
Agreement. The Government Entity shall not be responsible for withholding or otherwise
deducting federal income tax or social security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to the Company, or any
employee of the Company.
(g) Nonwaiver of Rights or Remedies. No failure or delay of either Party to insist upon or enforce
strict performance by the other Party of any provision of this Agreement or to exercise any other
right under this Agreement, and no course of dealing or performance with respect thereto, shall,
except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or
relinquishment of any right under any provision of this Agreement or any right at law or equity not
otherwise provided for herein. The express waiver by either Party of any right or remedy under
this Agreement or at law or equity in a particular instance or circumstance shall not constitute a
waiver thereof in any other instance or circumstance.
(h) No Third Party Beneficiaries. There are no third-party beneficiaries of this Agreement. Nothing
contained in this Agreement is intended to confer any right or interest on anyone other than the
Parties, their respective successors, assigns and legal representatives.
(i) Governmental Authority. This Agreement is subject to the rules, regulations, orders and other
requirements, now or hereafter in effect, of all governmental regulatory authorities and courts
having jurisdiction over this Agreement, the Parties or either of them. All laws, ordinances, rules,
regulations, orders and other requirements, now or hereafter in effect, of governmental regulatory
authorities and courts that are required to be incorporated into agreements of this character are by
this reference incorporated in this Agreement.
(j) No Partnership. This Agreement shall not be interpreted or construed to create an association,
joint venture or partnership between the Parties or to impose any partnership obligations or liability
upon either Party. Further, neither Party shall have any right, power or authority to enter into any
agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to
otherwise bind the other Party.
(k) Severability. In the event that any provision of this Agreement or the application of any such
provision shall be held invalid as to either Party or any circumstance by any court having
jurisdiction, such provision shall remain in force and effect to the maximum extent provided by
law, and all other provisions of this Agreement and their application shall not be affected thereby
but shall remain in force and effect unless a court or arbitrator holds they are not severable from
the invalid provisions.
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Kent 38th Ave S – Sch74 Conversion
(l) Notice. Any notice under this Agreement shall be in writing and shall be faxed (with a copy
followed by mail or hand delivery), delivered in person, or mailed, properly addressed and
stamped with the required postage, to the intended recipient as follows:
If to the Government Entity: City of Kent
400 West Gowe
Kent, WA,98032
Attn: Drew Holcomb
Phone: 253-561-1587
If to the Company: Puget Sound Energy, Inc.
6905 South 228th St
Kent, WA 98032
Attn: Khader Gouesse
Phone: 253-254-2896
Any Party may change its address specified in this Section 13(l) by giving the other Party
notice of such change in accordance with this
Section 13(l).
(m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in
accordance with the laws of the State of Washington (without reference to rules governing conflict
of laws), except to the extent such laws may be preempted by the laws of the United States of
America.
(n) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to
the subject matter hereof and all other agreements and understandings of the Parties, whether
written or oral, with respect to the subject matter of this Agreement are hereby superseded in their
entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein
is intended to or shall alter, amend or supersede the Design Agreement and the same shall
remain in full force and effect in accordance with its terms.
(o) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the
respective successors, assigns, purchasers, and transferees of the Parties, including but not
limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or
transferred in any corporate reorganization, change of organization, or purchase or transfer of
assets by or to another corporation, partnership, association, or other business organization or
division thereof.
Government Entity: Company:
PUGET SOUND ENERGY, INC.
BY BY
ITS ITS
Date Signed Date Signed
Approved as to form:
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Exhibit “A” Project Plan
Schedule 74 Underground Conversion
City of Kent – Kent 38th Ave S – Sch74 Conversion
PSE Project Number: 101122390
August 10th, 2020
Pursuant to Puget Sound Energy (PSE’s) Rate Schedule 74 and as described in this Project Plan,
PSE will convert its existing overhead electrical distribution system of 15,000 volts or less to an
equivalent Underground Distribution System. This Project Plan describes the scope of
construction work (the “Construction Work”) to be performed by PSE and the City of Kent (the
“City”) for the conversion of certain PSE electrical distribution system facilities as described
herein (the “Conversion Area”). Construction of this Conversion Project is contingent upon and
shall commence only after both written acceptance of this Project Plan and written execution of a
Schedule 74 Construction Agreement by the City and PSE.
This Project Plan includes and consists of:
Description of the Construction Work to be performed
Construction Drawings, Standards, Specifications and Requirements for the Construction
Work (attached)
Construction Work Schedule
Construction Costs Estimate Summary (attached)
Revisions to this Project Plan must be mutually approved by all the City and PSE.
Construction Work
This Conversion Project will replace PSE’s existing overhead electrical distribution system with
an Underground Distribution System within the following area (the “Conversion Area”): Along
38th Ave S, in front of parcel# 1253200070, between the poles located on the south corner of the
property and the north corner of the property. The Conversion Project is approximately 125 feet
in length, including laterals and road crossings.
The Conversion Project includes modification or replacement of all existing services lines within
the Conversion Area to connect to the Underground Distribution System and removal of PSE’s
existing overhead electric distribution facilities (including PSE distribution poles and pole
mounted street lights) from the Conversion Area. No street lights will be relocated as part of the
project.
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Responsibilities of Parties
City Responsibilities
a) At least ten (10) business days prior to the scheduled commencement of Construction Work,
hold a pre-construction meeting involving all participants in the Conversion Project to review
project design, coordination requirements, work sequencing and related premobilization
requirements.
b) At least ten (10) business days prior to the scheduled commencement of Construction Work,
give PSE written notice to proceed with the Construction Work to allow for delivery of PSE
materials to the job site and mobilization of PSE’s crew for duct and vault installation.
c) Provide written notice to customers within the Conversion Area in advance of Conversion
Project Construction Work start. The notice will include contact information for both the
City and PSE, the expected Conversion Project schedule, anticipation of service interruptions
and work required to be performed by customers.
d) Coordinate other utility conversion, removal and relocation from PSE’s poles. No other
utility attached the PSE poles involved in the project.
e) Perform site restoration.
f) Provide all surveying for equipment placement, locations, and establish all grade elevations
for the Underground Distribution System within the Conversion Area.
Puget Sound Energy Responsibilities
a) Provide all duct and vault materials, cables, electrical equipment and components necessary
for installation of the Underground Distribution System including certifications of materials
origins (COMOs) as may be required for products that must meet applicable provisions of the
Buy America Act as administered by the Federal Highways Administration (FHWA) and/or
the Federal Transit Administration (FTA).
b) Provide all necessary excavation, bedding, backfill, off-site disposal, and coordination for
installation of the Underground Distribution System. This includes trenching, backfill, and
restoration for cut-over and transfer of existing underground system and service lines from
the existing overhead distribution system to the new Underground Distribution System.
c) Install the Underground Distribution System in trenches and excavations provided by
Potelco. Provide written notice to the City when the Underground Distribution System is
energized.
d) Perform cut-over and transfer of existing Underground Distribution System and existing
underground service lines from the overhead distribution system to the new Underground
Distribution System where applicable (see City Responsibility item “f” concerning trenching
responsibility). PSE will notify the City for excavation and the affected customers at least
two (2) business days prior to installation, transfer, and connection of underground service
lines. Affected service lines are listed in the Service Lines section of this Project Plan.
e) Install and connect replacement underground service lines to single family residences and
connect modified and replacement non-residential underground service lines provided by
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customers within the Conversion Area pursuant to PSE Tariff Schedule 85. Affected service
lines are listed in the Service Lines section of this Project Plan.
f) Remove the existing overhead electric distribution system including, conductors, equipment,
down guys, anchors and poles after all service lines to customers within the Conversion Area
are connected to the Underground Distribution System and all other utilities have been
removed from PSE’s poles. Holes left following removal of poles will be filled with crushed
rock and compacted in accordance with applicable City standards or specifications.
g) Provide flagging and traffic control as required for all work performed by PSE (except as
may otherwise be reasonably provided by the City during installation of ducts and vaults in
conjunction with City performed trenching, excavation, back-fill and restoration).
h) Attend weekly (or as otherwise agreed by the City and PSE) construction coordination
meetings facilitated by the City and its contractor during periods of Conversion Project
construction.
Construction Work Schedule
The Construction Work will be performed in accordance with the following Work Schedule,
unless this schedule is revised by mutual agreement of the City and PSE or circumstances
beyond the reasonable control of the City and/or PSE preclude such performance.
Excavation and Installation of ducts and vaults: Duct and Vault schedule will begin
(September 15th 2020) and is anticipated to be (9) working days of construction.
Installation and energization of the Underground Distribution System: is estimated to begin
(October 5th 2020) and is anticipated to be (11) working days of construction.
Removal of overhead facilities: is estimated to begin (once all PSE facilities have been
removed from PSE poles) and is anticipated to be (1) working day of construction.
Work Schedule Restrictions: (are noted in PSE’s Right of Way use permit).
Construction Cost Estimate
The estimated costs to perform the Construction Work and the allocation of costs between the
parties are presented in the attached Construction Costs Estimate Summary. These estimated
costs are valid for ninety (90) days from the date shown on the attached Construction Costs
Estimate Summary. If this Project Plan and a Schedule 74 Construction Agreement are not fully
executed within ninety (90) days from this date, the estimated costs shall be subject to revision.
The scope of work provided for in previously executed Design Agreement has been completed
with written acceptance of this Project Plan by the City and PSE. The Construction Cost
Estimate reflects and provides for Construction Work costs commencing with PSE attendance at
the required pre-construction meeting and receipt of the City’s written notice to proceed with
Construction Work. Work performed and/or costs incurred by PSE in response to City request
following acceptance of the Project Plan and prior to the pre-construction meeting are not
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included in the Construction Cost Estimate, and shall be subject to addition to the Construction
Cost Estimate by revision as described below.
Estimated Inspection and Service Provider Outside Services costs are based on 2020 contract
rates. Costs for Construction Work performed by PSE in 2021 shall be subject to revision to
reflect PSE Service Provider contract rates which become effective after this date. Further, in
the event performance of the Construction Work does not proceed substantially as provided in
this Project Plan, PSE’s estimated construction costs shall be subject to revision.
Changes in Construction Work scope, performance and/or schedule can result in actual
Construction Costs which significantly differ from estimated costs shown in the Construction
Cost Estimate Summary. In the event performance of the Construction Work cannot or does not
proceed substantially as provided in this Project Plan, such changes shall promptly be brought to
the attention of PSE and the City when anticipated or known and shall be documented in a
revision to the Construction Cost Estimate (a “Cost Estimate Revision”) mutually agreed and
executed by the City and PSE.
Project Assumptions
The project design, construction plans and cost estimates are based on and reflect the following
assumptions. Construction conditions that are not consistent with these assumptions may result
in a request for change or an equitable adjustment to project compensation under Section 6 of the
Construction Agreement and addressed by a Cost Estimate Revision.
Cost Assumptions
1. The Construction Work will be performed in accordance with the Construction Drawings and
Construction Work Schedule.
2. All PSE cables can be pulled through the ducts and vaults system, including existing ducts
and vaults if applicable, to be used for the Conversion Project utilizing normal cable pulling
equipment and methods.
3. A City Street Use permit is the only permit necessary for PSE to perform its work for this
Conversion Project and will be issued within two (2) weeks of PSE submitting a complete
permit application (including any supporting documentation reasonably required by the
City). There will be no charge for the permit or inspection fees.
4. The estimated daily productivity rate for PSE duct and vault installation is based on the City’s
contractor opening a minimum of 60 feet of trench per working day. The daily productivity
rate is used to estimate the number of days a PSE installation crew will be required during
installation of ducts & vaults. The installation crew will be scheduled in full day increments
and in one continuous effort. Changes to a continuous schedule require a minimum of five
days advance notice and must be mutually agreed between the City and PSE.
5. Attendance by the PSE Project Manager at scheduled weekly construction coordination
meetings is included and reflected in the Construction Cost Estimate during periods when the
PSE ducts and vaults are actively being installed and when the PSE line crew is performing
installation, energization, cut-over and removal work. Attendance at additional meetings that
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may be requested/required during other periods will be addressed by a Cost Estimate
Revision.
6. Traffic control provided by PSE assumes the use of two flaggers, basic signage and simple
channelization. Additional traffic control measures are not included and if
requested/required will be addressed by a Cost Estimate Revision.
7. Work to be performed by PSE does not include installation and/or removal of Temporary
Service facilities at the request of others during construction.
8. Cut-over and transfer work will be completed during regular working hours except as
described in Schedule Assumption #3 below. Changes in the performance of this work will
be addressed by a Cost Estimate Revision.
9. New guy anchors shall be installed prior to installation of new ducts in the same area.
10. When Fluidized Thermal Backfill (FTB) is used, associated cost will be allocated 100% to
PSE when required for a Company Initiated Upgrade and otherwise 100% to the City.
11. Installation of protective bollards may be necessary at some locations and may not be
included in the project design. In the event unplanned bollards are required, associated costs
will be a Shared Cost and addressed by a Cost Estimate Revision.
Schedule
1. There will be a total of three (3) PSE crew mobilizations as follows: i) one mobilization of a
duct and vault crew; ii) one mobilization of an underground line crew for installation of
underground conductors and equipment; and iii) one mobilization of an overhead line crew
for removal of the existing overhead facilities. Once mobilized PSE crews will have
continuous productive work until all PSE Construction Work is complete.
2. All PSE Construction Work will be performed during regular working hours from 9am – 3pm
and Monday through Friday excluding holidays. In the event that lane closures are
necessary for performance of work, PSE shall be limited to working between the hours of
9am – 3pm and Monday through Friday. PSE and the City will mutually agree to weekly
work schedules for the Construction Work. PSE shall be allowed to perform PSE work as
scheduled without changes or interruptions caused by other construction activities.
3. PSE customers within the Conversion Area will experience interruption of electric service
during performance of the Construction Work when cutting over and transferring system and
customer loads from the overhead distribution system to the Underground Distribution
System. Cut-over and transfer work will be performed during the regular working hours
specified in Schedule Assumption #2 above except as otherwise provided below. PSE will
notify customers at least two (2) business days in advance of scheduled service interruptions.
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Additional Considerations
Service Lines
Service lines within the Conversion Area must be modified or replaced to provide underground
service from the Underground Distribution System as described in Construction Drawings.
Performance of the work and associated costs shall be governed by PSE Tariff Schedule 85.
PSE Design & Construction Standards
This Conversion Project has been designed and will be constructed in accordance with PSE
design and construction standards in effect as of the date of this Project Plan. PSE standards
applicable to Construction Work to be performed by the City have been provided to the City in
PSE’s “Electric Distribution Trench/Duct/Vault Construction Standards, 2013”. All relevant
PSE standard described above are attached to this Project Plan by this reference.
New Service
Connection of new or increased load for City facilities (such as new traffic signals) under terms
of PSE Tariff Schedule 85 will be addressed on a separate work order and work sketch.
Additional costs may apply and will be quoted separately.
PSE Design & Construction Standards
This Conversion Project has been designed and will be constructed in accordance with PSE
design and construction standards in effect as of the date of this Project Plan. PSE standards
applicable to Construction Work to be performed by the City have been provided to the City in
PSE’s “Electric Distribution Trench/Duct/Vault Construction Standards, 2013”. All relevant
PSE standards described above are attached to this Project Plan by this reference.
Temporary Support (Holding) of PSE Poles
Whenever any pole(s) are required to be temporarily supported (held) due to excavation in
proximity to such poles, the City will coordinate with PSE to provide such support. The need to
temporarily support such poles shall be determined by PSE, and if required, such support shall be
provided by PSE. As used herein, “temporary support” means supporting one or more poles for
a continuous working period of ten hours or less.
Acceptance of Project Plan
The City and PSE mutually agree to and accept this Project Plan as of the date indicated below:
For the City: For PSE:
By: ______________________________ By: _____________________________
Its: ______________________________ Its: _____________________________
Date: ____________________________ Date: ___________________________
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Scope of Work
To: CITY OF KENT
400 West Gowe
Kent, WA 98032
Attn: DREW HOLCOMB
Project Description:OH/UG CONVERSION FOR KENT WEST WATER RESERVOIR
Location:24811 38TH AVE S KENT, WA, 98032
PSE Project Manager:KHADER GOUESSE
Activity:
PSE Order #:
40% 40% 60%
PSE Materials $28,084.82
PSE Construction Labor 63,024.33$ Customer Obligation $80,033.18
PSE Project Management $6,784.36 $2,429.90 PSE Obligation $0.00
PSE Inspection
PSE Overheads $47,917.19
Federal Income Tax $665.35 $13,872.82
Total Actual Costs:7,449.71$ 155,329.06$ 0
TOTAL PROJECT VALUE:2
Date: 4/5/2018 CITY OF KENT Obligation Incl/CO's: $145,144.69
$145,144.69
$0.00
$242,811.95
PSE Billable Amount to Customer
FACILITY CONVERSION/MODIFICATION BILLING DETAIL
The city of Kent request PSE to convert OH/UG Sch74 on 38th Ave S, in front of parcel# 1253200070, between the poles located on the
south corner of the property and the north corner of the property.
Customer Installed Duct and VaultPSE Construction Cost Estimate
101122390 101122390
PSE Design Cost Change Orders
CITY OF KENT Credit for D+V:
101122390
Customer Cost Customer Cost PSE Cost Share
Puget Sound Energy, Inc. PO Box 90868 Bellevue, WA 98009-0868
Billing Detail Form 5/01
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: September 22, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: West Hill Reservoir/Kronisch Property - Puget Sound Energy
Easement Dedication - Authorize
MOTION: Authorize the Mayor to sign the easement dedication to PSE
necessary to complete the power undergrounding project prior to
construction of the West Hill Reservoir.
SUMMARY: In August of 2019, the City Council approved the proposed location for
the construction of a water reservoir on Kent’s West Hill of Kent. This water
reservoir is needed to address a water storage and fire flow deficiency on the West
Hill of the City’s water service area. The reservoir will ensure that residents and
businesses have adequate water supply during peak demand and provide the
necessary fire flow storage for fighting fires. The additional water storage will
enable future development and redevelopment on the West Hill.
As part of the construction of the West Hill Reservoir, design staff proposes that the
City enter into a Schedule 74 agreement with PSE to underground the overhead
powerlines on 38th Avenue South. This undergrounding project is necessary to
construct the tall reservoir because if left in place the overhead powerlines will
conflict with construction equipment.
This undergrounding project requires dedication of right of way (ROW) for a pad
mounted transformer to serve the existing properties to the north and dedication of
an easement to PSE for a pad mounted transformer to serve the future reservoir.
Additionally, to proceed with the construction of the undergrounding the City will
need to sign a construction agreement with PSE.
BUDGET IMPACT: There is no cost for the right-of-way dedication.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial district s, and
inviting parks and recreation.
ATTACHMENTS:
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1. West Hill Reservoir Utility Easement (PDF)
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Page 1 of 3
WHEN RECORDED RETURN TO:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: City of Kent
Grantee: Puget Sound Energy
Abbreviated Legal Description: Ptn Lot 3, all Lots 14-15, Blk 1, Burkland’s
First Addition
Additional Legal Description on: Exhibit “A”
Assessor's Tax Parcel ID No.: 125320-0075 STR: 22-22-4
Project Name: West Hill Reservoir Project/#19 -3027.1/PW2017-063
UTILITY EASEMENT
EASEMENT granted this ____ day of ________. 2020, by CITY OF KENT, a
Washington municipal corporation (“Grantor”), to ______________. (“Grantee”).
Grantor, for and in consideration of Ten Dollars and No/100 ($10.00) and/or
other valuable consideration, receipt of which is hereby acknowledged, grants to
Grantee, its successors and/or assigns, a perpetual easement for one or more utilities
systems for purposes of transmission, distribution and sale of electricity with
necessary appurtenances, including use of incidental areas immediately adjacent for
the installation, operation, maintenance, extending, con struction, altering,
reconstructing and repair over, through, under, across and upon the property
situated in King County, Washington, specifically described in Exhibit “A” and
graphically depicted in Exhibit “B” (the “Easement Area”). The Grantor agrees that
this easement touches and concerns the land described in Exhibit A, and that this
easement shall run with the land.
Grantee shall have the right at times as may be necessary, without prior
institution of suit or proceeding at law, to enter the Easement Area and immediate
adjacent areas with the necessary equipment for the purposes of altering ,
installation, operation, maintenance, extending, constructing, repair and
reconstructing of utilities; provided that the alteration, installation, operation,
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maintenance, extension, construction, repair and reconstruction of utilities shall be
accomplished in such a manner that the private improvements existing within this
Easement Area, including incidental areas, shall not be disturbed or destroyed, or in
the event they are disturbed or destroyed, they will be replaced in as good a
condition as they were immediately before the property was entered upon by
Grantee.
Grantor shall retain the right to use the surface of the Easement Area including
incidental areas so long as Grantor’s use does not interfere with the uses described
herein.
Grantor shall not change the surface grades, except as approved in advance by
Grantee, in any manner that would unreasonably interfere with ingress, egress and
access by Grantee or adversely affect the existing utility and/or the utility to be
installed therein. Grantee shall not unreasonably withhold its approval of surface
grade changes.
This Easement shall be a covenant running with the land forever and shall be
binding on the Grantor's successors, heirs, and assigns.
GRANTOR:
CITY OF KENT
By:
Name: Dana Ralph
Title: Mayor
Date:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dana Ralph is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
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Project # 19-3027
EXHIBITSCALE:
DATE:08/17/2020
1"=50'
EASEMENT AREAPORTION OF THE NW 1/4
OF SEC 22, TOWNSHIP 22 N,
RANGE 4 E, W.M.DRAWN BY:TLM
IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICATED HEREON WITH
REFERENCE TO STREETS AND
OTHER LAND. NO LIABILITY IS
ASSUMED BY REASON OF
RELIANCE HEREON.CITY OF KENT
LAND SURVEY SECTION
PARCEL
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: September 22, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: West Hill Reservoir/Kronisch Property - Ordinance to
Dedicate Right-of-Way - Adopt
MOTION: Adopt Ordinance No. 4369, authorizing the dedication of right-of-
way on the West Hill Reservoir property necessary to complete the power
undergrounding project prior to construction of the West Hill Reservoir.
SUMMARY: Last year in August, Council approved the Kronisch property as the site
for a new drinking water reservoir on the West Hill. The reservoir is needed to meet
water storage and fire flow standards, and will enable future development and
redevelopment on the West Hill.
The project requires relocation of existing overhead power lines from overhead to
underground. This is necessary because if left in place the overhead powerlines will
conflict with construction equipment.
The power line undergrounding requires dedication of right-of-way for a pad
mounted transformer to serve the existing properties to the north and dedication of
an easement to PSE for a pad mounted transformer to serve the reservoir site.
BUDGET IMPACT: There is no cost for the right-of-way dedication.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Property Dedication Ordinance (PDF)
4.J
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1 Ordinance-Property Dedication of
Public Right of Way at
West Hill Reservoir
ORDINANCE NO. 4369
AN ORDINANCE of the City Council of the
City of Kent, Washington, providing for the
dedication of a portion of City-owned property
located in the 24800 block between Military Road
South and 38th Avenue S. for right-of-way purposes.
RECITALS
A. The City’s approved West Hill Reservoir Project (“Project”) has
designed and will construct a water reservoir (“Improvements”) on City-
owned property located on three parcels situated in the 24800 block between
Military Road South and 38th Avenue S. (“Property”);
B. To complete the Project, the City must dedicate and define a
portion of the Property located on King County Tax Parcel No. 125320-0075,
legally described in the attached and incorporated Exhibit A and depicted in
the attached and incorporated Exhibit B for right of way purposes
C. This dedication will formally establish and define the boundaries
of the right of way for those utilizing City rights of way, including utility,
cable, and telecommunication providers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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2 Ordinance-Property Dedication of
Public Right of Way at
West Hill Reservoir
ORDINANCE
SECTION 1. – Dedication of Right of Way. The property legally
described in the attached and incorporated Exhibit A and depicted in the
attached and incorporated Exhibit B, is hereby dedicated to right-of-way
purposes, including without limitation, roadway, sidewalk and pedestrian
path improvements and utility undergrounding and installation.
SECTION 2. – Mayor Authorized to Finalize and Sign. The Mayor is
authorized to sign all documents necessary to finalize and define the
dedications authorized by this ordinance.
SECTION 3. – City Clerk to Record Ordinance. The City Clerk is
hereby instructed to record a certified copy of this ordinance with the King
County Recorder’s Office.
SECTION 4. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 5. – Effective Date. This ordinance shall take effect and be
in force 30 days from and after its passage, as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
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3 Ordinance-Property Dedication of
Public Right of Way at
West Hill Reservoir
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
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Project # 19-3027
EXHIBITSCALE:
DATE:08/17/2020
1"=50'
RIGHT OF WAY
DEDICATIONPORTION OF THE NW 1/4
OF SEC 22, TOWNSHIP 22 N,
RANGE 4 E, W.M.DRAWN BY:TLM
IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICATED HEREON WITH
REFERENCE TO STREETS AND
OTHER LAND. NO LIABILITY IS
ASSUMED BY REASON OF
RELIANCE HEREON.CITY OF KENT
LAND SURVEY SECTION
PARCEL
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: September 22, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: King County Metro Access to Transit Agreement-Authorize
MOTION: Authorize the Mayor to sign a funding agreement with the King
County Metro Transit Department to design five Access to Transit projects
with Regional Mobility Grant program funding from King County Metro, for
the amount of $285,000, subject to final terms and conditions acceptable
to the City Attorney and the Public Works Director.
SUMMARY: In January 2020, King County Metro approached the City of Kent with
a proposal to design and construct access to transit improvements. Between
January and July, City staff coordinated with King County Metro staff to identify
projects, cost estimates and timelines that fit the available funding source being
offered by King County Metro, a WSDOT Regional Mobility Grant (RMG). The RMG
funds must be spent by June 30, 2021. Due to this time constraint, King County
Metro is only funding the design phase. The City will be seeking outside funding in
2021 and 2022 to construct the 5 projects.
Projects:
Location (intersection or
corridor with extents)
Proposed
Improvements
Phase(s)/costs to be
expensed under this
agreement
64th Ave S and W Smith S ADA Curb Ramp Design
W James St at 64th Ave S ADA Curb Ramp, possible
WB right-turn pocket
Design
64th Ave S North of S 236th
St
Marked crosswalk, RRFB,
median refuge.
Design
SE Kent-Kangley Rd (SR
516), vicinity of 150th Ave
SE
Crosswalk, Pedestrian
Refuge Island &
PHB/HAWK
Design
132nd Ave SE from SE
276th St to SE 278th Place
Sidewalk Projects Within
½ Mile of Transit Routes
Design
BUDGET IMPACT: King County Metro will pay for design of the five projects, up to
$300,000
4.K
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ATTACHMENTS:
1. NM_TransitAccess Agreement_with STATE_GRANTFUNDS (PDF)
4.K
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_______________________________________________________________
2020 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
Between King County and the City of Kent
Page 1 of 16
NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
between
KING COUNTY, METRO TRANSIT DEPARTMENT
and
CITY OF KENT
THIS NON-MOTORIZED TRANSIT ACCESS AGREEMENT (the "Agreement") is made and entered into by
and between the City of Kent, a municipality of the State of Washington, (the "City" or "Contractor") and
King County, a political subdivision of the State of Washington, through its Metro Transit Department
(the "County"), either of which entity may be referred to hereinafter as "Party" or collectively as the
"Parties."
WHEREAS, the County has been awarded a Regional Mobility grant ("Grant") from the Washington
State Department of Transportation ("WSDOT") that is expected to improve connectivity and mobility by
providing capital funding assistance to implement a high-occupancy vehicle (HOV) parking program, on-
site bicycle parking improvements, and to construct non-motorized system improvements connecting
bikeways and walkways to park and ride facilities/transit centers serving major transportation corridors;
and
WHEREAS, for the non-motorized improvements element of the WSDOT Grant, the County intends to
partner with local jurisdictions to fund the design and construction of such capital projects as sidewalks,
bikeways, safe crossings, ADA ramps, traffic calming devices and treatments, lighting, traffic counters,
and other improvements for enhanced safety, comfort and access to transit services and facilities; and
WHEREAS, Metro has worked with the cities of Renton, Kent and Auburn to redesign transit service in
their cities and to identify barriers to accessing transit service; and
WHEREAS, the County and the City have mutual interest in reducing barriers to transit service in order to
support access to transit services and facilities in the City; and
WHEREAS, the Parties have identified capital improvement project(s) eligible for the funds that will
support and improve transit access in the City;
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to establish the terms and conditions under which the County will
subcontract with the City allocating a portion of the WSDOT Grant proceeds to provide funding for the
City to design certain transit access improvements consisting, in summary, of pedestrian and bicycle
safety improvements at specific locations (the "Project"), as more particularly described in the Scope of
Work ("SOW") set forth at Exhibit A, which is attached hereto and incorporated herein by this reference.
2. DUTIES AND RESPONSIBILITIES OF THE CITY
4.K.a
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_______________________________________________________________
2020 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
Between King County and the City of Kent
Page 2 of 16
2.1 Under this agreement, the City shall furnish the necessary personnel, equipment, material
and/or services and otherwise do all things necessary for or incidental to the transit access
capital improvements provided for in the Project description set forth in Exhibit A. The Project
objectives and timelines are provided for with particularity in Exhibit A.
2.2 It shall be the City’s responsibility to design the Project in compliance with applicable
requirements of federal, state and local laws, rules and regulations, including, but not limited to,
the Americans with Disabilities Act (“ADA”). The City shall also be responsible for the
administration and funding of any contracts it enters into for the performance of its
responsibilities under this Agreement.
2.4 The City will provide the County with regular progress reports for the duration of this
agreement, at least quarterly, to identify work progress and other matters of significance in the
performance of this Agreement.
2.5 As detailed in the Exhibit A, the City shall submit design plans for the Project improvements to
the County for its review and written approval. The County will have the opportunity to review
and provide written comments on the plans to ensure consistency with Exhibit A. Should the
City desire to change the final Project design after the County’s initial review and approval of the
initial design plans, whether based on additional engineering or traffic analysis, input from
stakeholders, or other factors, the County’s Contract Manager, as provided for in Section 18 of
this Agreement, shall be notified of such proposed changes. Any such changes that are deemed
significant by the County shall require joint written approval consistent with Section 15 of this
Agreement.
2.6 The City will seek additional funding to complete the improvements. The constructed
improvements will be the property of the City. The City will be responsible for on-going
maintenance, repair and replacement of any project improvements.
2.7 This Agreement is subject to the requirements of the State Capital Construction Grant
Agreement GCB 2289 (the "Grant Agreement"), pursuant to which the County, as the Grant
recipient, agreed to include Sections 9 through 17 of the Grant Agreement, attached hereto as
Exhibit B and incorporated herein by this reference, in each subcontract and in all contracts it
enters into for the employment of any individuals, procurement of any incidental goods or
supplies, or the performance of any work to be accomplished with funds awarded under the
Grant Agreement. The County further agreed that those clauses shall not be modified in any
such subcontract, except to identify the subcontractor or other person or entity that will be
subject to its provisions. The City shall comply with the requirements of Exhibit B and shall
ensure that any of its subcontractors comply with the requirements of Exhibit B when
performing work pursuant to this Agreement.
3. DUTIES AND RESPONSIBILITIES OF THE COUNTY
3.1 The County will reimburse the City for up to $285,000 of eligible costs incurred by the City for
the transit access capital improvements as provided for in the SOW as set forth in Exhibit A.
Under no circumstances will the County’s contribution to the City’s eligible Project costs exceed
$285,000 (the “Reimbursement Cap”).
4.K.a
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2020 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
Between King County and the City of Kent
Page 3 of 16
3.3 As the state Grant recipient, the County will be responsible for any reporting and/or invoicing
for reimbursement from WSDOT that may be required under the terms of the Grant award.
4. INVOICE AND PAYMENT PROCEDURES
4.1 The County will reimburse the City for eligible costs incurred for work performed pursuant to
this Agreement as identified in the SOW, except that costs incurred after June 30, 2021 shall not
be reimbursed. The City shall submit a completed invoice to the County detailing quarterly
activities, outcomes, expenses and reimbursement amount due within thirty (30) days of each
quarter's end. The final invoice will cover the last quarters expenses and any outstanding
eligible costs. The County shall pay the City within thirty (30) calendar days after the County has
received completed invoices. In no event shall the total reimbursement to City for work
performed pursuant to this Agreement exceed the Reimbursement Cap provided for in
Subsection 3.1 of this Agreement.
4.2 In the event that an overpayment has been made to the City by the County, the County will bill
the City for the amount of overpayment. The City shall pay the County within thirty (30) days of
receipt of an invoice for overpayment. Any disputes regarding whether or not an overpayment
was made to the City shall be resolved by the dispute resolution process set forth in Section 6.
5. EFFECTIVE DATE AND DURATION OF AGREEMENT
This Agreement shall take effect upon the latest date on which both Parties have signed the Agreement
(the “Effective Date”) and shall remain in effect until September 30, 2021, unless extended by written
amendment of the Parties pursuant to Section 15 of this Agreement or earlier terminated pursuant to
the provisions of Section 7 of this Agreement.
6. DISPUTE RESOLUTION PROCESS
6.1 Designated Dispute Resolution Representatives. The following individuals are the designated
representatives for the purpose of resolving disputes that arise under this Agreement:
For the County: Carol Cooper, Managing Director
King County Metro Transit Market Innovation Section
201 South Jackson Street, MS KSC-TR-0411
Seattle, WA 98104
(206) 477-5871
carol.cooper@kingcounty.gov
For the City: Chad Bieren, PE, Deputy Public Works Director, City Engineer
City of Kent
400 West Gowe Street
Kent, WA 98032
(253) 856-5534
cbieren@KentWA.gov
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2020 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
Between King County and the City of Kent
Page 4 of 16
6.2 The County representative and the City representative shall confer to resolve disputes that arise
under this Agreement as requested by either Party. The designated representatives shall use
their best efforts and exercise good faith to resolve such disputes.
6.3 In the event the designated representatives are unable to resolve the dispute, the City’s Public
Works Director or her/his designee and the General Manager of the County's Metro Transit
Department or her/his designee shall confer and exercise good faith to resolve the dispute.
6.4 In the event the Public Works Director and the General Manager of Metro Transit are unable to
resolve the dispute, the Parties may, if mutually agreed in writing, submit the matter to non-
binding mediation. The Parties shall then seek to mutually agree upon the mediation process,
who shall serve as the mediator, and the time frame the Parties are willing to discuss the
disputed issue(s).
6.5 If the Parties cannot mutually agree as to the appropriateness of mediation, the mediation
process, who shall serve as mediator, or the mediation is not successful, then either Party may
institute a legal action in the King County Superior Court, situated in Seattle, Washington, unless
another venue is mutually agreed to in writing.
6.6 The Parties agree that they shall have no right to seek relief in a court of law until and unless
each of the above procedural steps has been exhausted.
7. TERMINATION
7.1 Termination for Convenience. The County may terminate this Agreement for its convenience
and without cause upon thirty (30) days written notice to the City. The date of termination will
be 30 days after written notification. In the event of termination of this Agreement by the
County pursuant to this Subsection 7.1, the County shall be liable only for costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination.
7.2 Termination for Cause. Either Party may terminate this Agreement in the event that the other
Party materially breaches this Agreement and such breach is not cured in the time provided in
this Subsection 7.2. Written notice of intended termination and a description of the breach must
be provided via certified mail by the Party terminating this Agreement to the other Party not
less than thirty (30) calendar days prior to the intended effective date of termination. The
breaching Party shall be given thirty (30) calendar days in which to cure its material breach to
the reasonable satisfaction of the other Party. If the breaching Party fails to cure within thirty
(30) calendar days, the Agreement shall terminate on the date specified in the notice.
7.3 Termination for Non-Appropriation or Loss of Funding. In addition to termination for default,
the County may terminate this Agreement for non-appropriation or loss of funding by giving not
less than thirty (30) calendar days' written notice thereof to the City. In the event of termination
of this Agreement by the County pursuant to this Subsection 7.3, the County shall be liable only
for costs incurred in accordance with the terms of this Agreement prior to the effective date of
termination.
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2020 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
Between King County and the City of Kent
Page 5 of 16
8. LEGAL RELATIONS
8.1 No Third Party Beneficiaries. It is understood that this Agreement is solely for the benefit of the
Parties hereto and gives no right to any other person or entity.
8.2 No Partnership or Joint Venture. No joint venture, agent-principal relationship or partnership is
formed as a result of this Agreement.
8.3 Independent Capacity. The employees or agents of each Party who are engaged in the
performance of this Agreement shall continue to be employees or agents of that Party and shall
not be considered for any purpose to be employees or agents of the other Party.
8.4 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws
of the State of Washington.
8.5 Jurisdiction and Venue. The King County Superior Court, situated in Seattle, Washington, shall
have exclusive jurisdiction and venue over any legal action arising under this Agreement.
8.6 Mutual Negotiation and Construction. This Agreement and each of the terms and provisions
hereof shall be deemed to have been explicitly negotiated between, and mutually drafted by,
both Parties, and the language in all parts of this Agreement shall, in all cases, be construed
according to its fair meaning and not strictly for or against either Party.
8.7 Survival. Each of the provisions of this Section 8 (Legal Relations) shall survive the expiration or
earlier termination of this Agreement.
9. RECORDS RETENTION AND AUDIT
9.1 Maintenance of Records. During the term of the Agreement and for a period not less than six (6)
years from the date of its expiration or earlier termination, the records and accounts pertaining
to this Agreement are to be kept available by both Parties for inspection and audit by the other
Party and the State Auditor, and copies of all records, accounts, documents, or other data
pertaining to the Agreement will be furnished upon reasonable notice. If any litigation, claim, or
audit is commenced, the records and accounts along with supporting documentation shall be
retained until all litigation, claim, or audit finding has been resolved even though such litigation,
claim, or audit continues past the six-year retention period.
9.2 Disclosure of Public Records. Both Parties acknowledge and agree that all non-privileged, non-
exempt records that may be maintained pursuant to Subsection 9.1 of this Agreement are
subject to public disclosure under the Washington State Public Records Act, Chapter 42.56 RCW.
10. FORCE MAJEURE
Either Party to this Agreement shall be excused from performance of its responsibilities and obligations
under this Agreement, and shall not be liable for damages due to failure to perform, during the time and
to the extent that it is prevented from performing by a cause directly or indirectly beyond its control,
including, but not limited to: late delivery or nonperformance by vendors of materials or supplies; any
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2020 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
Between King County and the City of Kent
Page 6 of 16
incidence of fire, flood, snow, earthquake, or acts of nature; strikes or labor actions; accidents, riots,
insurrection, terrorism, or acts of war; order of any court or civil authority; commandeering material,
products, or facilities by the federal, state or local government; or national fuel shortage; when
satisfactory evidence of such cause is presented to the other Party to this Agreement, and provided that
such non-performance is beyond the control and is not due to the fault or negligence of the Party not
performing.
11. NONDISCRIMINATION
The City agrees to comply with all applicable federal, state, and local laws, rules, and regulations
pertaining to nondiscrimination and agrees to require the same of any and all subcontractors providing
services or performing any work using funds provided under this Agreement. During the performance of
this Agreement, neither the City nor any entity subcontracting under the authority of this Agreement,
shall discriminate or tolerate harassment on the basis of sex, race, color, marital status, national origin,
religious affiliation, disability, sexual orientation, gender identity or expression or age except by
minimum age and retirement provisions, unless based upon a bona fide occupational qualification, in
the administration or delivery of services or any other benefits under this Agreement. King County Code
Chapter 12.16 and 12.17 are incorporated herein by reference, and such requirements shall apply to this
Agreement.
12. INDEMNIFICATION
The City and its successors and assigns shall protect, save, defend, indemnify and hold harmless the
County, its elected officials, officers, employees, and agents while acting within the scope of their
employment as such, from any and all costs, claims, actions, judgments, and/or awards of damages or
expenses of any nature whatsoever, arising out of or in any way resulting from the City’s acts or
omissions under this Agreement. The City agrees that it is fully responsible for the acts and omissions of
its contractors, subcontractors, consultants, and their employees and agents, acting within the scope of
their employment as such, as it is for the acts and omissions of its own employees and agents. The City
agrees that its obligations under this provision extend to any claim, demand, and/or cause of action
brought by or on behalf of any of its employees or agents. The foregoing indemnity is specifically and
expressly intended to constitute a waiver of the City’s immunity under Washington's Industrial
Insurance Act, RCW Title 51, as respects the County only, and only to the extent necessary to provide
the County, its elected officials, officers, employees, and agents with a full and complete indemnity of
claims made by the City’s employees. The Parties acknowledge that these provisions were specifically
negotiated and agreed upon by them. The provisions of this Section 12 shall survive the expiration or
earlier termination of this Agreement.
13. WAIVER
A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Agreement unless stated to be such in a writing signed by an authorized representative of the Party and
attached to the original Agreement.
14. SEVERABILITY
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2020 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
Between King County and the City of Kent
Page 7 of 16
If any provision of this Agreement or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given
effect without the invalid provision, if such remainder conforms to the requirements of applicable law
and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are
declared to be severable.
15. CHANGES AND MODIFICATIONS
This Agreement may be changed, modified, or amended only by written agreement executed by
authorized representatives of both Parties.
16. REPRESENTATION ON AUTHORITY OF SIGNATORIES
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement.
17. ALL TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the Parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the Parties hereto.
18. CONTRACT MANAGEMENT
All contact information for the management of this Agreement shall be identified herein and may be
updated by either Party for their agency only and shall be submitted in writing or electronic mail to the
other Party. Any update to the Contract Managers shall state the effective date of said update.
Contract Manager for City of Kent King County
Contact Name Carla Maloney, PE Malva Slachowitz
Title Design Engineering Manager Senior Transportation Planner
Address 400 West Gowe Street
Kent, WA 98032
201 South Jackson Street, KSC-TR-
0411, Seattle, WA 98104
Telephone 253-856-5523 206-477-5873
Email cmaloney@KentWA.gov malva.slachowitz@kingcounty.gov
19. ASSIGNMENT
Neither this Agreement, nor any interest herein, may be assigned by either Party without the prior
written consent of the other Party.
20. EXECUTION OF AGREEMENT – COUNTERPARTS
This Agreement may be executed in two (2) counterparts, either of which shall be regarded for all
purposes as an original.
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2020 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
Between King County and the City of Kent
Page 8 of 16
IN WITNESS THEREOF the Parties hereto have executed this Agreement by duly authorized
representatives on the dates shown below their respective signatures.
KING COUNTY
By: _____________________________
Terry White, Interim General Manager
King County Metro Transit Department
Date: ___________________________
CITY OF KENT
By: ________________________________
Kent, Mayor
City of Kent
Date: ___________________________
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2020 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
Between King County and the City of Kent
Page 9 of 16
EXHIBIT A
SCOPE OF WORK
NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
1. Purpose
a. To design improvements for pedestrian and bicycle safety and access to public transit
services at locations described in Section 3.
b. Construction of the Project will be the responsibility of the City, based on the City’s
ability to secure grant funding.
2. Scope of Services
a. Project Management: The City will manage the project using professionals with capital
project experience. Budget and schedule will be monitored regularly throughout the work
covered by this Agreement. The City will provide the County with progress reports at least
quarterly, per Subsection 2.4 of this Agreement.
b. Design: The City will determine whether the Project will be designed by city staff or by a
design consultants. Should design consultants be utilized, the City will make selections using
an RFQ/RFP process. The City will be responsible for managing the design of the project and
develop the bid documents. The project will be designed following the City of Kent Design
and Construction Standards. The project will be permitted as a capital project, under the
City’s SEPA Planned Action. The City will maintain the lead agency role for SEPA.
c. The City shall submit design plans for the Project improvements to the County at 30% and
final for its review and written approval, per Subsection 2.5 of this Agreement.
d. Monitoring and Measurement Plan: The City will work with King County to develop a
monitoring and measurement plan and collect “before project” information.
e. Reporting: The City will submit quarterly progress reports to the County during work under
this agreement to show work completed and spending.
3. Future Phases to be Completed by the City
a. Construction: The City will monitor construction through completion. Upon Project
completion, all improvements constructed under the Project will be subject to the City’s
maintenance policies and procedures.
b. Inspection: Existing City staff or a consultant project manager will provide construction
inspection services, possibly with third party support for specific specialties.
c. Monitoring and Reporting: Upon construction completion, the City will work with Metro to
monitor usage of the project facilities on an annual basis for four years following project
completion.
4. Projects to be completed
Location (intersection or
corridor with extents)
Proposed Improvements Phase(s)/costs to be
expensed under this
agreement
64th Ave S and W Smith S
ADA Curb Ramp Design
W James St at 64th Ave S ADA Curb Ramp, possible WB
right-turn pocket
Design
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2020 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
Between King County and the City of Kent
Page 10 of 16
64th Ave S North of S 236th
St
Marked crosswalk, RRFB,
median refuge.
Design
SE Kent-Kangley Rd (SR 516),
vicinity of 150th Ave SE
Crosswalk, Pedestrian Refuge
Island & PHB/HAWK
Design
132nd Ave SE from SE 276th
St to SE 278th Place
Sidewalk Projects Within ½
Mile of Transit Routes
Design
5. Schedule
Project milestones below represent work to be completed under this Agreement. Costs incurred
after June 30, 2021 shall not be eligible for reimbursement under this Agreement.
The project milestones are estimated as follows:
Milestone Month/Year
Project completion for work under this
Agreement
June 2021 (required end of reimbursable
work)
Future phases beyond this Agreement are estimated as follows:
Milestone Year
Construction Anticipated 2022-2023
Estimated project opening for public use Anticipated 2023
Monitoring and Reporting Anticipated 2023-2026
6. Budget
The reimbursement cap by the County for City expenses is shown below, with estimated
distribution by expense. Funds may be shifted between locations or expenses under this
Agreement. Other costs associated with the Project, including construction, are the
responsibility of the City.
Phase/expense Costs
Design of proposed improvements Est. $250,000
Contingency Up to $ 35,000
Total County reimbursement cap Max. $285,000
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2020 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
Between King County and the City of Kent
Page 11 of 16
Exhibit B
Assignments and Subcontracts
Assignments, Subcontracts, and Leases
A. Unless otherwise authorized in advance in writing by WSDOT, the CONTRACTOR shall not assign
any completed Project facilities and/or infrastructure under this AGREEMENT, or execute any contract,
amendment, or change order thereto pertaining to the Project or obligate itself in any manner with any
third party with respect to its rights and responsibilities under this AGREEMENT or lease or lend the
Project or any part thereof to be used by anyone not under the CONTRACTOR’s direct supervision.
B. The CONTRACTOR agrees to include Sections 11 through 25 of this AGREEMENT in each
subcontract and in all contracts it enters into for the employment of any individuals, procurement of any
materials, or the performance of any work to be accomplished under this AGREEMENT. The PARTIES
further agree that those clauses shall not be modified, except to identify the subcontractor or other
person or entity that will be subject to its provisions. In addition, the following provision shall be
included in an advertisement or invitation to bid for any procurement by the CONTRACTOR under this
AGREEMENT:
Statement of Financial Assistance:
“This AGREEMENT is subject to the appropriations of the State of Washington.”
Section 11 Reports and Project Use
A. The CONTRACTOR agrees that the Project shall be used for the provision of transportation
services within the area indicated in Exhibit I Attachment A, for the term of the Project’s plus four years
after the project is complete, as set forth in WSDOT’s Regional Mobility Grants Program Guidebook, and
any subsequent amendments thereto. The CONTRACTOR further agrees that it will not use or permit the
use of the Project in a negligent manner or in violation of any law, or so as to avoid any insurance
covering the same, or permit the Project to become subject to any lien, charge, or encumbrance. Should
the CONTRACTOR unreasonably delay or fail to use the Project during the project term and reporting
period, the CONTRACTOR agrees that it may be required to refund up to the entire amount of the “State
Regional Mobility Grants Funds” expended on the Project. The CONTRACTOR shall immediately notify
WSDOT when any Project facilities and/or infrastructure is withdrawn from Project use or when the
Project or any part thereof is used in a manner substantially different from that identified in Exhibit I,
“Project Scope, Schedule and Budget” and Attachment A. If the Project is permanently removed from
transportation services, the CONTRACTOR agrees to immediately notify WSDOT of its intentions
regarding the disposal of the Project or any part of the Project thereof.
B. Reports. The CONTRACTOR shall submit quarterly reports to WSDOT for the Term of Project,
regarding the progress of the Project and annual performance reports for four calendar years after the
project is operationally complete, as prescribed in WSDOT’s Regional Mobility Grants Program
Guidebook, and any subsequent amendments thereto or as WSDOT may require, including, but not
limited to, interim and annual reports. The CONTRACTOR shall keep satisfactory written records with
regard to the use of Project and shall submit the following reports to, and in a form and at such times
prescribed by WSDOT as set forth in WSDOT’s Regional Mobility Grants Program Guidebook, 2015
version, and any subsequent amendments thereto:
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Page 12 of 16
1. An approved Performance Measurement Plan must be on file with WSDOT before submitting
the first reimbursement request.
2. An Annual Performance Report that includes a summary of overall project performance and
supporting data.
3. Reports describing the current usage of the Project and other data which WSDOT may request
from the CONTRACTOR by memos, e-mails or telephone requests.
4. In the event any portion of the Project sustains disabling damage, the CONTRACTOR shall notify
WSDOT immediately after the occasion of the damage, including the circumstances thereof.
5. The CONTRACTOR shall collect and submit to WSDOT, at such time as WSDOT may require, such
financial statements, data, records, contracts, and other documents related to the Project as may be
deemed necessary by WSDOT.
C. Remedies for Misuse or Noncompliance. The CONTRACTOR shall not use the Project or any part
thereof in a manner different from that described in Exhibit I, Project Scope, Schedule and Budget, and
Attachment A, as set forth in Section 2 of the AGREEMENT. If WSDOT determines that the Project has
been used in a manner different from Exhibit I, Project Scope, Schedule and Budget, and Attachment A,
WSDOT may direct the CONTRACTOR to repay WSDOT the State funded share of the “Project Costs.”
WSDOT may also withhold payments should it determine that the CONTRACTOR has failed to comply
with any provision of this AGREEMENT.
Section 12 Maintenance of the Project
The CONTRACTOR shall make all necessary repairs and reasonably maintain the Project to assure it
remains in good and operational condition until the end of its useful life. The useful life of the
constructed project is determined by WSDOT, indicated in the “Financial Plan Table” of the 2015-2017
Regional Mobility Grant Application that is based upon Architectural/Engineering (A&E) estimates,
materials used and industry standards for the type of structure built. All service, materials, and repairs in
connection with the use and operation of the Project during its useful life shall be at the CONTRACTOR’s
expense. CONTRACTORS who are transit agencies must also have a Transit Asset Management Plan
certified by WSDOT that details the transit agency’s plan to maintain the Project. All other
CONTRACTORS must submit a written Maintenance Plan to WSDOT for approval prior to the occupation
and/or operations of the Project. The CONTRACTOR agrees, at a minimum, to maintain the Project and
service or replace parts at intervals recommended in the manuals and/or instructions provided by the
subcontractors and/or component manufacturers, or sooner if needed. The CONTRACTOR shall have the
Project routinely inspected and make arrangements for any appropriate service and repair under the
manufacturer’s warranty. WSDOT shall not be liable for repairs. The CONTRACTOR shall retain records
of all maintenance and parts replacement performed on the Project in accordance with Section 22,
Audits, Inspection, and Retention of Records. The CONTRACTOR shall provide copies of such records to
WSDOT, upon request.
Section 13 General Compliance Assurance
The CONTRACTOR agrees to comply with all instructions as prescribed in WSDOT’s Regional Mobility
Grants Program Guidebook and any amendments thereto. The CONTRACTOR agrees that, WSDOT
and/or any authorized WSDOT representative, shall have not only the right to monitor the compliance
of the CONTRACTOR with respect to the provisions of this AGREEMENT, but also have the right to seek
judicial enforcement with regard to any matter arising under this AGREEMENT. It is understood by the
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Page 13 of 16
CONTRACTOR that this assurance obligates the CONTRACTOR and any transferee of the CONTRACTOR,
or said transferee’s successor(s), for the term of this AGREEMENT.”
Section 14 Compliance with State Design Standards
The CONTRACTOR agrees the Project design must comply with all Washington State Standard
Specifications for Road, Bridge, and Municipal Construction
(www.wsdot.wa.gov/Publications/Manuals/M41-10.htm), and any revisions thereto. Projects that wish
to use design standards that differ from state standards must submit a request to WSDOT’s Public
Transportation Division and obtain documented approval before design work commences.
Section 15 No Obligation by the State Government
No contract between the CONTRACTOR and its subcontractors shall create any obligation or liability of
WSDOT with regard to this AGREEMENT without WSDOT’s specific written consent, notwithstanding its
concurrence in, or approval of, the award of any contract or subcontract or the solicitations thereof
and the CONTRACTOR hereby agrees to include this provision in all contracts it enters into for the
design, acquisition, and construction of facilities and/or infrastructure related to the Project, or the
performance of any work to be accomplished under this AGREEMENT.
Section 16 Ethics
A. Relationships with Employees and Officers of WSDOT. The CONTRACTOR shall not extend any
loan, gratuity or gift of money in any form whatsoever to any employee or officer of WSDOT, nor shall
the CONTRACTOR rent or purchase any Project equipment and materials from any employee or officer
of WSDOT.
B. Employment of Former WSDOT Employees. The CONTRACTOR hereby warrants that it shall not
engage on a full, part-time, or other basis during the period of this AGREEMENT, any professional or
technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the
employ of WSDOT without written consent of WSDOT.
Section 17 Compliance with Laws and Regulations
The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations including but
not limited to, those concerning employment, equal opportunity employment, nondiscrimination
assurances, project record keeping necessary to evidence compliance with such federal and state laws
and regulations, and retention of all such records. The CONTRACTOR will adhere to all of the
nondiscrimination provisions in Chapter 49.60 RCW.
Section 18 State and Local Law
Except when a federal statute or regulation pre-empts state or, local law, no provision of this
AGREEMENT shall require the CONTRACTOR to observe or enforce compliance with any provision,
perform any other act, or do any other thing in contravention of state or local law. Thus if any provision
or compliance with any provision of this AGREEMENT violates state, or local law, or would require the
CONTRACTOR to violate state or local law, the CONTRACTOR agrees to notify WSDOT immediately in
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Page 14 of 16
writing. Should this occur, WSDOT and the CONTRACTOR agree to make appropriate arrangements to
proceed with or, if necessary, expeditiously, terminate the Project.
Section 19 Labor Provisions
Overtime Requirements. No CONTRACTOR or subcontractor contracting for any part of the Project work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not
less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours
in such workweek. CONTRACTOR will comply with Title 49 RCW, Labor Regulations.
Section 20 Environmental Protections and Archeological Preservation
The CONTRACTOR agrees to comply with all applicable requirements of chapter 43.21C RCW “State
Environmental Policy Act” (SEPA). The CONTRACTOR also agrees to comply with all applicable
requirements of Executive Order 05-05, Archeological and Cultural Resources, for all capital construction
projects or land acquisitions for the purpose of a capital construction project, not undergoing Section
106 review under the National Historic Preservation Act of 1966 (Section 106).
Section 21 Accounting Records
A. Project Accounts. The CONTRACTOR agrees to establish and maintain for the Project either a
separate set of accounts or separate accounts within the framework of an established accounting
system that can be identified with the Project. The CONTRACTOR agrees that all checks, payrolls,
invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to
the Project shall be clearly identified, readily accessible and available to WSDOT upon request, and, to
the extent feasible, kept separate from documents not pertaining to the Project.
B. Documentation of Project Costs and Program Income. The CONTRACTOR agrees to support all
allowable costs charged to the Project, including any approved services contributed by the
CONTRACTOR or others, with properly executed payrolls, time records, invoices, contracts, or vouchers
describing in detail the nature and propriety of the charges. The CONTRACTOR also agrees to maintain
accurate records of all program income derived from implementing the Project.
Section 22 Audits, Inspection, and Retention of Records
A. Submission of Proceedings, Contracts, Agreements, and Other Documents. During the term of
the Project and for six (6) years thereafter, the CONTRACTOR agrees to retain intact and to provide any
data, documents, reports, records, contracts, and supporting materials relating to the Project as WSDOT
may require. Project closeout does not alter these recording and record-keeping requirements. Should
an audit, enforcement, or litigation process be commenced, but not completed, during the
aforementioned six (6) year period then the CONTRACTOR’s obligations hereunder shall be extended
until the conclusion of that pending audit, enforcement, or litigation process.
B. General Audit Requirements. The CONTRACTOR agrees to obtain any other audits required by
WSDOT at CONTRACTOR’s expense. Project closeout will not alter the CONTRACTOR’s audit
responsibilities.
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C. Inspection. The CONTRACTOR agrees to permit WSDOT, and the State Auditor, or their
authorized representatives, to inspect all Project work materials, payrolls, maintenance records, and
other data, and to audit the books, records, and accounts of the CONTRACTOR and its contractors
pertaining to the Project. The CONTRACTOR agrees to require each third-party contractor to permit
WSDOT, the State Auditor, or their duly authorized representatives, to inspect all work, materials,
payrolls, maintenance records, and other data and records involving that third party contract, and to
audit the books, records, and accounts involving that third party contract as it affects the Project.
Section 23 Permitting
The CONTRACTOR agrees to be solely responsible for all required Federal, State and/or local permitting
as related to the Project.
Section 24 Loss or Damage to the Project
A. The CONTRACTOR, at its own expense, shall cover any loss, theft, damage, or destruction of the
Project’s facilities, associated equipment and/or infrastructure using either of the following methods:
1. The CONTRACTOR shall maintain property insurance for facilities, associated equipment and/or
infrastructure adequate to cover the value of the Project; the CONTRACTOR shall supply a copy of the
Certificate of Insurance specifying such coverage to WSDOT with the first request for reimbursement,
and supply proof of renewal annually thereafter; or
2. The CONTRACTOR shall certify that it has self-insurance and provide a written certificate of self-
insurance to WSDOT with the first request for reimbursement, and annually thereafter. The
CONTRACTOR will cover from its own resources the costs of repairing or replacing any Project facilities,
associated equipment and/or infrastructure, if it is stolen, damaged, or destroyed in any manner.
B. If the damage to the Project does not result in a total loss, payments for damage shall be paid
directly to the CONTRACTOR. The CONTRACTOR shall, within thirty (30) days, either: 1. Devote all of the
insurance proceeds received to repair the Project and place it back in service, and the CONTRACTOR
shall, at its own expense, pay any portion of the cost of repair which is not covered by insurance; or
2. In the event the CONTRACTOR certified to self- insurance, devote all funds necessary to repair
the Project and place it back into service.
C. If the Project is a total loss, either by theft or damage, the insurance proceeds or equivalent
shall be paid directly to the CONTRACTOR and within fifteen (15) days the CONTRACTOR shall pay
WSDOT its proportionate funded share of such proceeds received. The CONTRACTOR shall within sixty
(60) days of loss, theft, or damage, notify WSDOT that it either:
1. Intends to replace the lost Project facilities, associated equipment and/or infrastructure; or
2. Does not intend to replace the lost Project facilities, associated equipment and/or
infrastructure.
D. If the CONTRACTOR intends to replace the Project facilities, associated equipment and/or
infrastructure then WSDOT will reimburse the CONTRACTOR upon receipt of an approved invoice, funds
up to the amount WSDOT received in insurance proceeds.
E. Coverage, if obtained or provided by the CONTRACTOR in compliance with this section, shall not be
deemed as having relieved the CONTRACTOR of any liability in excess of such coverage as required by
the limitation of liability section of this AGREEMENT, or otherwise.
Section 25 Limitation of Liability
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A. The CONTRACTOR shall indemnify and hold WSDOT, its agents, employees, and officers
harmless from and process and defend at its own expense any and all claims, demands, suits at law or
equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as “claims”), of
whatsoever kind or nature brought against WSDOT arising out of, in connection with or incident to this
AGREEMENT and/or the CONTRACTOR’s performance or failure to perform any aspect of this
AGREEMENT. This indemnity provision applies to all claims against WSDOT, its agents, employees and
officers arising out of, in connection with or incident to the negligent acts omissions of the
CONTRACTOR, its agents, employees and officers. Provided, however, that nothing herein shall require
the CONTRACTOR to indemnify and hold harmless or defend the WSDOT, its agents, employees or
officers to the extent that claims are caused by the negligent acts or omissions of the WSDOT, its agents,
employees or officers. The indemnification and hold harmless provision shall survive termination of this
AGREEMENT.
B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the
employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in any
manner be deemed to be employees of WSDOT.
C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR’s
employees and/or subcontractors and solely for the purposes of this indemnification and defense, the
CONTRACTOR specifically waives any immunity under the State Industrial Insurance Law, Title 51
Revised Code of Washington.
D. In the event either the CONTRACTOR or WSDOT incurs attorney’s fees, costs or other legal
expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY, all such
fees, costs and expenses shall be coverable by the prevailing PARTY.
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: September 22, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Kent/Lake Meridian Water District Service Area Boundary
Adjustment Agreement - Authorize
MOTION: Authorize the Mayor to sign a Water Service Area Boundary
Adjustment Agreement between the City of Kent and Lake Meridian Water
District, subject to final terms and conditions acceptable to the Public
Works Director and City Attorney.
SUMMARY: The City’s and Lake Meridian Water District’s (District) water service
area boundaries were established and approved pursuant to Chapter 70.116 RCW;
the Public Water System Coordination Act of 1977. In accordance with the South
King County Coordinated Water System Plan the City and the District have been
designated the exclusive water service purveyors within their respective authorized
water service areas. The City’s and the District’s retail water service area
boundaries have also been established and approved pursuant to water system
plans approved by the Washington State Department of Health, King County, and
other public agencies with jurisdiction.
The City has received a subdivision plat application proposing a 19-lot development
called the Buetow Preliminary Subdivision (Subdivision) within the corporate
boundaries of the City of Kent. The Subdivision is located on the northwest corner
of 124th Avenue SE and SE 253rd Street and will encompass four legal parcels.
Three of these parcels are currently within the City’s water service area boundary
and the fourth parcel, #2122059032, is located within the District’s water service
area boundary.
Serving water from both the City and the District will add construction costs to the
development of the Subdivision. To avoid these additional costs and prevent dead
end water mains caused by two water service providers, the District proposed that
the City be the sole supplier of water to all 19 lots within the Subdivision in a letter
to the City dated August 4, 2020 and add parcel #2122059032 to its water service
area.
BUDGET IMPACT: None. Agreement is for service area only.
SUPPORTS STRATEGIC PLAN GOAL:
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Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Lake Meridian Water Boundary Adjustment Agreement (PDF)
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WATER SERVICE AREA
BOUNDARY ADJUSTMENT AGREEMENT
This Water Service Area Boundary Adjustment Agreement (“Agreement”) is
between the City of Kent, a Washington municipal corporation (“City”), and Lake
Meridian Water District, a Washington municipal corporation (“District”).
Recitals
A. The City is a non-charter code city formed and existing pursuant to Title
35A of the Revised Code of Washington (RCW). The City owns and operates a water
system and provides retail water utility services to customers located within the City’s
corporate and approved utility service area boundaries.
B. The District is a water special purpose district formed and existing
pursuant to Title 57 RCW. The District owns and operates a water utility system and
provides retail water services to customers located within the District’s corporate and
approved water service area boundary.
C. Portions of the District’s and the City’s water service area boundaries
are adjacent.
D. The City’s and the District’s exclusive water service area boundaries
have been established and approved pursuant to Chapter 70.116 RCW, the Public
Water System Coordination Act of 1977 (“Act”). In accordance with the South King
County Coordinated Water System Plan (“CWSP”) prepared pursuant to the Act, the
City and the District have been designated the exclusive water service purveyors
within their respective authorized water service areas. The City’s and District’s retail
water service area boundaries have also been established and approved pursuant to
water system plans approved by the Washington State Department of Health (DOH),
King County, and other public agencies with jurisdiction. The water system plans
designate the City and the District as the exclusive water service purveyors within
their respective authorized retail water service areas.
E. The City has received a subdivision plat application proposing a 19-lot
development called the Buetow Preliminary Subdivision (“Subdivision”) within the
corporate boundaries of the City of Kent. The Subdivision is located on the northwest
corner of 124th Avenue SE and SE 253rd Street and will encompass four legal parcels.
Three of these parcels are currently within the City’s water service area boundary
and the fourth parcel, #2122059032, is located within the District’s water service
area boundary.
F. Serving water from both the City and the District will add construction
costs to the development of the Subdivision. To avoid these additional costs and
prevent dead end water mains caused by two water service providers, the District
proposed that the City be the sole supplier of water to all 19 lots within the
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Subdivision in a letter to the City dated August 4, 2020 and add parcel #2122059032
(“Property”) to its water service area.
Now therefore, the parties agree as follows:
Agreement
1. The Recitals set forth above are incorporated herein in full by this reference.
2. Water Service Area Boundary Adjustment. The parties agree the water
service area boundary between the City and the District is hereby adjusted so that
all the Property as legally described on Exhibit A will be added to and lie entirely
within the City’s exclusive retail water service area as of the Effective Date of this
Agreement. A depiction showing the adjusted and modified exclusive retail water
service area boundaries between the parties in the area of the Property is attached
for illustrative purposes as Exhibit B.
3. Planning Documents, Other Approvals, and Governmental Notifications. The
parties agree to amend their respective water system plans and any other required
planning or permitting documents to document, show and formalize the adjusted
exclusive water service area boundary between the parties as provided for in this
Agreement, with each regular update of those plans, permits or other documents.
Both parties shall provide any required government notifications, including without
limitation, notifications to DOH and the King County Boundary Review Board.
However, failure to make those amendments, failure to obtain any required plan
approvals involving the service area adjustment, or failure to provide required
notifications will not affect the contractual obligations between the parties as provided
for in this Agreement.
4. Miscellaneous.
4.1 Duration. This Agreement will remain in effect as a permanent water
service area boundary change between the parties.
4.2 Indemnification. The City will defend, indemnify and hold the District,
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 City’s negligent performance of this
Agreement.
The District will 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 District’s negligent performance of this Agreement.
4.3 Non-Waiver of Breach. Either Party’s failure 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 will not
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be construed to be a waiver or relinquishment of those covenants, agreements or
options.
4.4 Governing Law, Resolution of Disputes and Legal Costs. Washington
law will govern this Agreement. If the parties are unable to settle any dispute,
difference or claim arising from this Agreement, the exclusive means of resolving that
dispute, difference or claim, will 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 will pay all its legal costs and attorney fees incurred in
defending or bringing that claim or lawsuit, including all appeals, in addition to any
other recovery or award provided by law; provided, however, nothing in this
paragraph will be construed to limit either Party’s right to indemnification under
subsection 4.2.
4.5 Assignment or Modification. Assignment, waiver, alteration, or
modification of all or part of this Agreement will not be binding on the parties unless
in writing and signed by a duly authorized representative of each Party.
4.6 Entire Agreement. This Agreement constitutes the entire understanding
and agreement between the parties as to the subject matter herein and no other
agreements or understandings, written or otherwise, shall be binding upon the
parties upon execution of this Agreement.
4.7 Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall constitute an original, and all of which together will
constitute one agreement.
4.8 Authority. The parties represent and warrant this Agreement has
been duly approved and authorized by their respective legislative authorities, that
each Party has full power and authority to enter into this Agreement and to carry out
the actions required of them in this Agreement, and all persons signing this
Agreement in a representative capacity represent and warrant they have the full
power and authority to bind their respective municipal entities.
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5. Effective Date. This Agreement will take effect on the date the last Party
signs it. (“Effective Date”).
The City of Kent Lake Meridian Water District
______________________________ _____________________________
By By
Its Its
Date: Date:
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Exhibit A
Legal Description
LOT 4, KING COUNTY SHORT PLAT NO. 1181076R, RECORDED UNDER RECORDING
NUMBER 8112150647, IN THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 22
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON.
ALSO, THE EAST 30.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 21, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,
WASHINGTON.
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132 Av SE
116 Av SE SE 256 St
SE 240 St
148 Av SE
SE 248 St
124 Av SE
104 Av SE
SE Kent Kangley Rd
108 Av SE
SE 224 St
S E 2 7 7 S t
108 Av SE
148 Av SE
APN#2122059032
124 Av SE
SE 251 St
SE 253 St
123 Pl SE
122 Wy SE
SE 252 Pl
SE 251 Pl
SE 254 Ct
123 Pl SE
SE 251 Pl
Proposed Boundary Line
Proposed Expansion Area
Existing Water Service B oundary Line
Parcel Lines
Street Centerlines
CityLimitsBoundary
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0 100
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N.T.S.
Exh ib it B
Kent/Lake Meridian Water District Service Area Boundary Adjustment
ops20-43 .mxd
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ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5454
DATE: September 22, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: King County-Cities Climate Collaboration (K4C)
Update
SUMMARY: The City of Kent joined the King County-Cities Climate Collaboration
(K4C) in 2018. K4C is comprised of King County and seventeen partner agencies
with the shared goal of coordinating local government climate and sustainability
action.
Joint commitments for the partners of K4C were adopted in 2015; in mid-2019,
K4C updated the joint commitments in support of King County’s updated Strategic
Climate Action Plan and the Countywide Planning Polices. K4C partners were asked
to ratify the changes in 2020 and are working to secure support for these updated
commitments.
Staff will provide a brief presentation on the updates to the K4C joint commitments
and Kent’s endorsement status.
Staff will also give an update on other K4C topics of interest including an update on
the K4C outreach committee, Climate Action Toolkit launch, elected officials work
session (October 8, 2020), and an electric vehicle model ordinance.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Summary of updates to Joint Commitments 2019 (PDF)
2. Joint Commitments Update (PDF)
4.M
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Summary of key updates to Joint Commitments
1
The Joint Commitments are refreshed to reflect changed state laws, updated science, GHG inventories,
and membership. Pathways are updated to reflect new emission reduction targets and to chart policies
and investments to meet these goals.
Preamble
• Updated scientific reference to recent Intergovernmental Panel on Climate Change.
• Added recent state climate legislation.
• Changed “city” to “partner” where appropriate to reflect current membership.
Principles for Collaboration
• Moved principle #11 – acknowledgement that each partner will pursue strategies where action
will have most influence – up to #4 to emphasize this collaboration principle.
• Strengthened commitment to climate equity and just transition.
• Incorporated language to seek solutions in concert with highly impacted populations.
• Adjusted language to more active voice in several places, particularly in role to influence state
and federal policies.
• Increased goal to convene elected officials twice yearly, and opens options for more active
involvement. Commits staff to meet regularly to share tools and best practices.
Shared Commitments
I. Shared Goals
a. Updated to call out the Growth Management Planning Council’s GHG emission
reduction goals (50% by 2030, 80% by 2050). Additional language added that highlights
that in addition to direct emissions reductions we can also further reduce climate
change through carbon sequestration and reducing consumption based GHG emissions.
b. Adds policy for partners to adopt their own GHG reduction targets that are consistent
with GMPC goals, but allows for flexibility.
II. Climate Policy
a. Only minor changes here to add “renewable energy” and “carbon neutral development”
to efforts that could be supported by reinvestment of carbon tax proceeds.
III. Transportation and Land Use
a. Pathway reflects updated analysis for reductions needed in this sector to meet overall
GHG goals. Acknowledges that some partners and areas are not currently well served by
transit.
b. Language in this section strengthened and expanded to include reference to regional
growth strategies (Vision 2050) and link between land use and access to transit and
other non – single-occupancy-vehicle means of travel.
IV. Clean Fuels and Electric Vehicles
a. This is a new section reflecting the rapid shift in technology and customer adoption of
EVs.
b. Pathways reflect targets for clean fuels and EVs in recent analysis.
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Summary of key updates to Joint Commitments
2
c. Policy commitments reflect role of local governments to enact building codes, and to
convene and advance adoption in partnership with other stakeholders.
V. Energy Supply
a. Pathway updated to reflect the passage of the Clean Energy Transformation Act.
b. Policy updated to include CETA (in addition to Renewable Portfolio Standard) and to
include additional ways for meeting future energy needs, including peak demand
management, and renewable generation.
c. Project added to participate in utility regulatory forums.
VI. Green Building and Energy Efficiency
a. Pathways updated to reflect passage of law in 2019 to mandate natural gas
conservation efforts, and to reflect additional action to reduce fossil fuel use in the built
environment.
b. Policy commitment adds provision for water conservation, use of low carbon building
materials, and efforts to influence state and federal policy.
c. Language added to commit to conversion to clean fuel sources in collaboration with
labor, utilities and other stakeholders.
VII. Consumption and Materials Management
a. Language updated slightly to reflect 70% recycling rate, and Comprehensive Solid Waste
Plan.
VIII. Forests and Farming
a. Language updated to reflect new initiatives, the Local Foods Initiative and Land
Conservation Initiative.
b. Language added to development of goals for urban tree health informed by the Land
Conservation Initiative and the countywide forest health plan that will be done in 2020.
IX. Operations
a. New commitment that K4C partners to “walk the talk” to set targets to and implement
actions that reduce operational GHG emissions.
b. Added statement to electrify municipal vehicles.
X. Climate Preparedness
a. This is a new section reflecting increased importance and visibility in preparing for
climate change caused events.
b. Language reflects role of K4C and local governments to work together to identify and
prioritize climate preparedness work.
XI. Collaboration
a. No changes in this section.
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Final Version
Joint Letter of Commitment: Climate Change Actions in King County
Climate change is a paramount challenge of this generation and has far-reaching and fundamental
consequences for our economy, environment, public health, and safety.
Across King County and its cities, we are already experiencing the impacts of climate change: warming
temperatures, acidifying marine waters, rising seas, decreasing mountain snowpack, and less water in
streams during the summer.
These changes have the potential for significant impacts to public and private property, resource based
economies like agriculture and forestry, and to residents’ health and quality of life.
The decisions we make locally and regionally, such as where our communities will grow and how they
will be served by transportation, will set the stage for success or failure in reducing carbon pollution,
making sound long-term investments, and ensuring our communities are livable and resilient to climate
change impacts.
The Intergovernmental Panel on Climate Change, the United Nations body responsible for assessing the
science related to climate change, implications, and adaptation and mitigation efforts, released a report
in 2018 calling for rapid reductions in carbon emissions to reduce the impacts of global warming. The
King County Growth Management Planning Council – a formal body of elected officials from across King
County – voted in 2014 to adopt a shared target to reduce countywide sources of greenhouse gas (GHG)
emissions, compared to a 2007 baseline, by 25% by 2020, 50% by 2030, and 80% by 2050. In 2019, the
Washington State Legislature passed, and the Governor signed into law, bills that will transition the
electricity sector to clean sources by 2045, accelerate efficiency in the built environment, and reduce
transportation related emissions.
Based on our shared assessment of emissions in King County, and review of potential strategies to
reduce emissions, we believe that these targets are ambitious but achievable.
Building on the work of the King County-Cities Climate Collaboration (K4C) – a partnership between the
County and partners to coordinate and enhance local government climate and sustainability efforts –
more than a dozen cities and the County came together in the first half of 2014 to chart opportunities
for joint actions to reduce GHG emissions and accelerate progress towards a clean and sustainable
future. In 2019, K4C partners seek to refresh these commitments to reflect changes in the regulatory
landscape, technical developments, and updated emissions information.
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The attached Principles for Collaboration and Joint County-City Climate Commitments are focused on
practical, near-term, collaborative opportunities between partners and King County. These shared
commitments build on the significant work that many of our partners and County are already taking. By
signing this letter, we pledge our support for the shared vision that these principles and actions
represent. All partners commit to actively pursue those strategies, policies, and actions to make the
most impact given the size, location, and development patterns of their jurisdictions.
Through focused, coordinated action, we will maximize the impact of our individual and shared efforts.
Principles for Collaboration
1. Climate change is the paramount challenge of our generation, and has fundamental and far-reaching
consequences for our economy, environment, and public health and safety.
2. Strong action to reduce GHG emissions is needed, and the time is now.
3. Local governments can reduce greenhouse gas (GHG) emissions through many decisions related to
transportation and land use, energy and green building, forests and farms, and consumption and
materials management.
4. All partners support the shared vision that the Joint County-City Climate Commitments represent,
but it is not the intention that each partner will pursue every action. Each partner will actively
pursue strategies where action, investment, and policy will have the most impact and influence.
5. Many cities in King County have set individual climate goals and are taking steps to reduce local GHG
emissions, and we need to build on this leadership.
6. Local solutions need to be implemented in ways that build a cleaner, stronger, and more resilient
regional economy, and support the health of communities and our natural environment.
7. Reaching our goals will require collaboration, and trust between the County, cities, utilities,
businesses, nonprofit organizations, and other public sector agencies.
8. Building an equitable clean energy economy will require deeper engagement with communities of
color and low income, immigrant, and youth populations. These communities are more vulnerable
to the impacts of climate change – from increasing flood risks to rising costs of fossil fuels – and
historically less likely to be included in community-scale solutions or as leaders. We are committed
to work in ways that are fair, equitable, empowering, and inclusive, and will seek solutions in
concert with highly impacted communities. Solutions should prioritize low- and no-income people,
people of color and indigenous people, immigrants and refugees, people with disabilities, and
limited-English speaking communities. Solutions should include provisions for a just transition for
workers.
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9. Solutions to reduce carbon emissions require action at local, state, and federal government levels.
We have the responsibility to lead at the local level, and we have the power to influence and
advocate for change at the state and federal level that supports and advances the work we
undertake at the local level.
10. We can accomplish more with a shared vision and coordinated action; collaboration will increase the
efficiency of our efforts and magnify the impact of our strategies beyond what each of us could
achieve on our own.
11. As of 2019, King County and 17 partners are members of the King County-Cities Climate
Collaboration, and we will work to build on this membership, in both increased action and
participation from additional partners.
12. Elected and staff representatives will reconvene at least twice a year to share our individual and
collective successes, and develop plans for continued action and investment in carbon emission
reduction solutions. Elected officials have the opportunity at their discretion to engage more
actively in advancing the shared goals, such as through joint comment letters, with support by King
County staff. All partners also dedicate a staff member to coordinate implementation of the
following Joint County-City Climate Commitments, and to serve as a representative to the K4C. Staff
will meet regularly to share best practices and develop tools and strategies for implementing shared
goals.
Joint County-City Climate Commitments
I. Shared Goals
Pathway: Achieve shared countywide GHG reduction targets that reduce direct countywide sources of
greenhouse gas (GHG) emissions by at least 50% by 2030, and 80% by 2050, compared to a 2007
baseline. Pursue additional goals and actions to sequester carbon and reduce emissions from
consumption of goods and services.
Policy Commitment: Adopt GHG reduction targets that are consistent with those established by the
Growth Management Planning Council and that support countywide emission reduction goals.
Project or Program: Build on King County’s commitment to measure and report on countywide GHG
emissions by sharing data between partners, informing the public of our individual and collective
progress, and using the information to inform regional climate action.
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II. Climate Policy
Pathway: Support strong federal, regional, state, countywide, and local climate policy.
Policy Commitment: Advocate for comprehensive federal, regional, and state science-based limits and a
market-based price on carbon pollution and other greenhouse gas (GHG) emissions. A portion of
revenue from these policies should support local GHG reduction efforts that align with these Joint
County-City Climate Commitments, such as funding for transit service, renewable energy and energy
efficiency projects, green building, and forest protection and restoration initiatives.
III. Transportation and Land Use
Pathway: Align planning for employment, affordable housing, and mobility taking into consideration
impacts to GHG emissions. Increase transit service and mobility with a goal of reducing countywide
driving per capita by 20% by 2030 and 50% by 2050, compared to 2017 levels, understanding that
different areas of the county have varying levels of transit access.
Policy Commitment: Partner to secure state authority for funding to sustain and grow transit service
and support travel by walking and biking through development of dedicated trails and bike lanes in King
County. Support increased mobility through land use and street planning that provides for faster travel
times, easier connections, and broader reach of transit services. Work to ensure new mobility services
supplement transit services and prioritize outcomes for communities where mobility needs are greatest.
Policy Commitment: Update and implement Vision 2050, the region’s growth strategy, to focus growth
inside the Urban Growth Area cities and centers served by high capacity transit and create vibrant urban
centers, protect natural resource lands and rural areas, and direct public investments in support of
efficient land use. Implement land use strategies in ways that help us achieve shared climate goals, more
closely link housing and jobs, and encourage dense, healthy, sustainably developed mixed-use
neighborhoods near transit that minimize displacement. Increase mobility and accessibility options for
biking, rolling, and walking so more people have fast, convenient, and low GHG emissions ways to travel.
Project or Program: As practical, for King County and cities developing equitable transit-oriented
communities around high capacity light rail and transit projects, adopt the Puget Sound Regional
Council’s Growing Transit Communities Compact.
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IV. Clean Fuels and Electric Vehicles
Pathways: (1) Protect Federal Vehicle Efficiency Standards. (2) Adopt a regional or statewide Clean Fuels
Standard that reduces transportation fuel emissions intensities by at least 20% by 2030, compared to
2017 levels. (3) Increase use of electric vehicles such that 100% of light duty vehicles, and at least 60% of
medium duty, and 40% of heavy-duty vehicles are electric by 2050.
Policy Commitment: Reduce climate pollution, build our renewable energy economy, and lessen our
dependence on imported fossil fuels by supporting the adoption of a statewide or regional low carbon
fuel standard that gradually lowers pollution from transportation fuels.
Policy Commitment: Support engagement and partnerships with utilities and organizations to develop
regional pilots to incent the transition to electric vehicle ownership for all sectors, through development
of infrastructure, education, and grants and incentives.
Policy Commitment: Enact local code and programs to incent or require electric vehicle charging within
buildings or on development sites.
V. Energy Supply
Pathway: Implement the Washington State Clean Energy Transformation Act, which phases out coal-
fired electricity sources by 2025 and requires 80% carbon neutral electricity by 2030, and 100% clean
electricity by 2045; limit construction of new natural gas based electricity power plants, and seek to
establish a more resilient energy system.
Policy Commitment: Build on existing state renewable energy commitments including the Washington
State Renewable Portfolio Standard (RPS) and the Clean Energy Transformation Act that provide for
100% Clean electricity supply by 2045 by partnering with local utilities, state regulators, and other
stakeholders on a countywide commitment to clean energy resources. This includes meeting future
energy needs through deep energy efficiency improvements and improved management of peak
demands, and supporting renewable generation and fuel resources while phasing-out fossil fuels.
Project or Program: In partnership with utilities, develop a package of local jurisdictional commitments
and initiatives that support renewable and distributed energy sources that direct the region toward a
robust and resilient utility system. Actions include supporting community solar development, green
power community challenges, streamlined local renewable energy installation permitting, district
energy, code development, and renewable energy incentives.
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Project or Program: Participate in utility Integrated Resource Plan and Energy Plan development
processes, and emphasize interests for acceleration of transition and equitable distribution of benefits
through regulatory and rulemaking forums.
VI. Green Building and Energy Efficiency
Pathways: (1) Reduce energy use in all existing buildings 25% by 2030 and 45% by 2050 compared to
2017; (2) Implement Washington State Energy Code which requires new buildings constructed to move
incrementally towards stronger efficiency performance including a 70% energy reduction and net-zero
GHG emissions in new buildings by 2031; (3) Strengthen conservation, and use of renewable natural gas,
and support the transition to electrical systems to reduce natural gas and other fossil fuel use in existing
buildings by at least 20% by 2030 and 80% by 2050.
Policy Commitment: Participate in the Regional Code Collaboration and adopt code pathways that build
on the Washington State Energy Code, leading the way to “net-zero carbon” buildings, reduced water
consumption, and the use of building materials with low carbon emissions. Support efforts at state and
national level to develop stronger residential energy codes that save energy and money and take
supporting actions such as to adopt building energy benchmarking and disclosure ordinances for non-
residential and multi-family buildings within local jurisdiction, and residential energy disclosure at point
of sale.
Project or Program: Develop a multi-city partnership to build a regional energy efficiency retrofit
economy, including tactics such as: collaborating with energy efficiency and green building businesses,
partnering with utilities, working with community partners, and expanding on existing retrofit programs.
Foster opportunities for economic development, job creation, community-based representations, and
pro-equity strategies.
Policy Commitment: Support state legislation that advances conversion to clean energy sources in the
built environment. Collaborate with stakeholders, including labor and utilities, to develop energy codes
that support the transition to highly efficient and low carbon non-residential and multifamily buildings
through the conservation of fossil fuels, use of renewable natural gas, and electrification.
VII. Consumption and Materials Management
Pathway: Achieve a 70% recycling rate countywide; by 2030, achieve zero waste of resources for
materials that have economic value for reuse, resale, and recycling.
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Policy Commitment: Partner through the Metropolitan Solid Waste Management Advisory Committee
on policy, projects, and programs focused on (1) waste prevention and reuse, (2) product stewardship,
recycling, and composting, and (3) beneficial use.
Project or Program: Develop a regional strategy through the adopted 2019 Comprehensive Solid Waste
Management Plan to reach zero waste of resources by 2030 through a combination of education,
incentives, and regulatory tools aimed at single-family, multi-family residents, businesses, and
construction projects in King County.
VIII. Forests and Farming
Pathway: Reduce sprawl and associated transportation related GHG emissions, and sequester biological
carbon by focusing growth in urban centers and protecting and restoring forests and farms.
Policy Commitment: Partner on Transfer of Development Rights (TDR) initiatives to focus development
within the Urban Growth Area, reduce development pressure on rural lands, and protect our most
valuable and important resource lands as part of the Land Conservation Initiative.
Project or Program: Protect and restore the health of urban and community trees and forests.
Collaborate on the development and implementation of goals and strategies that improve urban tree
canopy, forest health, and carbon sequestration informed by the King County Land Conservation
Initiative and the countywide 30-year forest plan. Collaborate with private and community efforts such
as Forterra’s Green Cities Partnerships.
Project or Program: Partner on collaborative efforts to expand forest and farm stewardship and
protection, for example through King Conservation District’s farm management planning, landowner
incentive, and grant programs.
Project or Program: Expand our local food economy, for example by supporting urban and community
farming, buying locally produced food, and participating in the Local Food Initiative.
IX. Operations
Pathway: Reduce GHG emissions from operations in support of countywide goals.
Policy Commitment: Develop operational GHG reduction targets that support shared countywide goals
and implement actions that reduce each partners’ GHG footprint.
Project or Program: Demonstrate commitment and contribute to countywide goals through operational
actions to: implement energy efficiency projects and initiatives at existing facilities; measure existing
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building performance through EPA’s Energy Star or equivalent program; implement high-efficiency
street and traffic light replacement projects; construct new buildings to LEED, Living Building Challenge
or other high performance standards and infrastructure to equivalent carbon – neutral and sustainability
standards; reduce waste and purchase sustainable materials and services; and electrify municipal
vehicles.
X. Climate Preparedness
Pathway: Increase community resilience by planning and preparing for the impacts of climate change on
K4C communities and the King County region.
Policy commitment: Expand the K4C model for collaboration to include climate preparedness topics and
issues.
Project or Program: Identify shared climate impact concerns and related needs, and opportunities for
addressing those concerns. Engage elected officials and the public on local climate impacts and priorities
for action. Consider participating in the Puget Sound Climate Preparedness Collaborative to advance
climate preparedness work in the region.
XI. Collaboration
Policy Commitment: Participate in or join the King County-Cities Climate Collaboration (K4C) – focused
on efforts to coordinate and enhance local government climate and sustainability efforts – to share case
studies, subject matter experts, resources, tools, and to collaborate on grant and funding opportunities.
Project or Program: Engage and lead public-private collaborative action through relationships
developed with business, not for profit organizations, other local government agencies and coalitions,
and citizen advocacy groups.
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ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5454
DATE: September 22, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Supportive and Transitional Housing, Emergency
Housing and Shelters, and Quarantine Facility Zoning Code
Amendments – Update
SUMMARY:
Staff will provide the City Council with an update on the Land use and Planning
Board process of amending the zoning code to address supportive and transitional
housing, emergency housing and shelters, and quarantine facilities.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
4.N
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OFFICE OF THE MAYOR
Mayor Dana Ralph
220 Fourth Avenue South
Kent, WA 98032
253-856-5710
DATE: September 22, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Equity Project Update
SUMMARY: Chief Administrative Officer Derek Matheson will update the City
Council on the city’s equity initiatives, including initiatives identified by the Mayor,
City Council, and Executive Leadership Team. Staff seeks the council’s input on the
relative prioritization of the initiatives themselves and the timelines for individual
initiatives.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Equity project prioritization v4 (PDF)
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Equity Project Timeline
Draft #4 from ELT Discussion 9/11/20
Leader(s) Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul +++
Equity and inclusion speaker series Communications Manager, Equity Manager*
“The KPD Way” web page Communications Manager, Police Chief
Equity practices annual checkup Directors, Equity Manager*
Council resolution regarding police Mayor, CAO, Police Chief, City Attorney
Police de-escalation policy Police Chief, City Attorney
Police duty to intervene policy Police Chief, City Attorney
Citywide training (1st round) HR Director
Hiring process review for systemic racism HR Director, Equity Manager*
Equity manager in the 2021-22 budget Mayor, City Council, CAO, Finance Director
“CARE” employee group Employee Resource Group, HR Director, CAO, Equity
Manager*
Legislative agenda 2021 Mayor, CAO, lobbyist
Police standardized reporting and data resources
lobbying strategy
Mayor, CAO, Police Chief, lobbyist
Police co-responders lobbying strategy Mayor, CAO, Police Chief, lobbyist
Police internships lobbying strategy Mayor, CAO, Police Chief, lobbyist
Translation resources lobbying strategy Mayor, CAO, lobbyist
Equity manager hiring process Mayor, CAO, HR Director
Procurement task force CAO, City Attorney, Equity Manager*
Interdepartmental team on equity and social justice
(ITESJ)
HR Director, CAO, Equity Manager*
Equity web page Communications Manager, Equity Manager*
Budget storytelling about investments in equity Communications Manager, Finance Director, Equity
Manager*
Enhanced outreach from Mayor and Police Chief Mayor, Police Chief, Communications Manager, Equity
Manager*
Regional conversation about equity Communications Manager, Equity Manager*
Translations of key documents Equity Manager, Directors
Equity strategic plan Equity Manager, CAO
Equity as criterion in planning documents and capital
investment priorities
Equity Manager, CAO, Directors
Equity impact on council agenda bills Equity Manager, City Clerk, CAO
Current ordinance/resolution/policy review Equity Manager, City Attorney, ITESJ
*once hired
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OFFICE OF THE MAYOR
Mayor Dana Ralph
220 Fourth Avenue South
Kent, WA 98032
253-856-5710
DATE: September 22, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Resolution Declaring Equity a Foundational Requirement in
the Provision of City Services and Requesting Administration
Take Certain Actions to Ensure City Policies and Practices are
Equitable and Do Not Infringe Upon the Equal Treatment and
Opportunity of all Individuals - Adopt
MOTION: Adopt Resolution No. 2017, declaring equity a foundational
requirement in the provision of City services, and requesting
Administration take certain actions to ensure City policies and practices
are equitable and do not infringe upon the equal treatment and
opportunity of all individuals who live, work, and visit Kent.
SUMMARY: The Kent community is majority Black, Indigenous and People of Color,
and the City of Kent welcomes and provides services to all individuals regardless of
race, ethnicity, country of origin, socioeconomic status, age, sexual orientation,
gender identification, disability, religion, veteran status, and any other protected
class.
Recent events throughout the country involving police uses of force in contacts with
people of color have brought particular attention to the issue of equity in the
provision of government services, and in particular, police services.
The Kent City Council has determined it important to clearly declare that equity is a
foundational requirement of the provision of City services, and in particular, the
provision of police services. The City Council believes it important that a review of
various City services and programs be conducted to ensure those services are
delivered in an equitable manner. The Council also believes it important that a
review of police training and tactics be conducted to reduce the potential for
excessive force, and ensure that a person’s race or ethnicity is not a factor in an
officer’s determination of whether force is applied or the level of force that is
applied.
The City Council, as the policy-making authority of the City, through this Resolution
declares that equity is a foundational requirement of the provision of City services,
and in particular, the provision of police services, and requests Administration
renew efforts to ensure that Kent policies and practices, in the Police Department
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and all other services and functions of the City, do not infringe upon the equal
treatment and opportunity of all persons who live, work, and visit Kent.
BUDGET IMPACT: To be determined.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Race and Equity Resolution (PDF)
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1 Race and Equity Resolution
RESOLUTION NO. 2017
A RESOLUTION of the City Council of the
City of Kent, Washington, declaring equity as a
foundational requirement in the provision of City
services and in particular in the provision of police
services, and requesting Administration renew
efforts to ensure policies and practices in the Police
Department and all other services and functions of
the City do not infringe upon the equal treatment
and opportunity of all persons who live, work, and
visit Kent.
RECITALS
A. The Kent community is majority Black, Indigenous and People of
Color, and the City of Kent welcomes and provides services to all individuals
regardless of race, ethnicity, country of origin, socioeconomic status, age,
sexual orientation, gender identification, disability, religion, veteran status,
and any other protected class.
B. The Declaration of Independence provides that all are created
equally. Moreover, equal protection under the law is a right provided in both
the United States Constitution and the Washington Constitution. However,
it is important to acknowledge that forms of systemic and structural racism
have existed across the country and locally that may put certain races and
ethnicities at a disadvantage as compared to their white counterparts.
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2 Race and Equity Resolution
C. As a government agency, it is incumbent upon the City to not only
proclaim a message of equity, but also to take steps to eliminate barriers to
equity, and to ensure government policies and practices are equitable and
do not infringe upon the equal treatment and opportunity of all persons who
live, work, and visit Kent. The Council declares equity as a foundational
requirement of the provision of City services, and in particular, the provision
of police services.
D. Over the years, the City has taken steps to enhance collaboration
with people of all races, ethnicities, and other protected classes, and to
reduce barriers to City services through the following:
• The City has established various task forces and boards to improve
multi-cultural relations, including: the Multicultural Task Force (1998-
2000); the Diversity Advisory Board (2000-2008); the Mayor’s
Advisory Team (2008-2014); and the Cultural Communities Board
(2015–Present).
• The City initiated Diversity and Inclusion training for all employees
around 2006
• The City provided supervisor training to educate hiring managers on
implicit bias and best practices in regard to applicant screening and
interviews in 2012.
• The City provided Respect Training (focused on racial equity) for all
employees around 2013
• The City held the Cultural Community Conversations program
through 2015 – 2018
• The City hired a Community Engagement Coordinator in 2017 in the
Mayor’s Office, tasked with enhancing community engagement by
promoting collaboration and partnerships, particularly with people of
protected classes, underrepresented groups, and immigrant
communities.
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• The City started the Equity and Inclusion Speaker Series in 2019
which focuses on discussions of race, equity, diversity and inclusion.
• In July of 2020, the Executive Leadership Team attended a two-
session training on equity, and similar training will be provided to all
City staff in the coming weeks.
• The City analyzes job descriptions and postings and testing processes
for barriers to employment that are not relevant to the position,
utilizing employees who have completed the “Governing for Racial
Equity and Inclusion” training through King County’s Office of Equity
and Social Justice.
E. The Police Department in particular has made efforts to ensure equity
and respect in the services it provides. Among other things:
• The Police Department has provided ongoing training in the area of
equity and implicit bias to officers through the following:
o Racial Incongruity briefing training (2003)
o Racial profiling briefing training (2005 & 2006)
o Diversity and Inclusion (2006) (training to all City employees
noted above)
o Respect Training (2013) (training to all City employees noted
above)
o Cultural Competency block training (2014)
o Fair and Impartial Policing block training (2015)
o Acknowledging and Managing Hidden Bias – outside training
(2019)
o Bias Based Profiling periodic briefing training (2019)
• In, 2012, the Police Department established the Diversity Task Force,
a group of community members of various cultural backgrounds, who
meet regularly with the Kent Police Department on issues of
community concern. The Kent Police Department offers training
regarding policing to Task Force Members.
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4 Race and Equity Resolution
• In 2012, the Police Department became a founding member of the
Valley Independent Investigation Team (VIIT), a multi-jurisdictional
team designed to independently, thoroughly and objectively
investigate the most serious incidents involving police officers – one
of the first investigative teams of its kind. The creation of VIIT
ensures that use of deadly force incidents by a Kent officer are
investigated by an outside agency.
• In 2014, the Police Department developed a Respect Action Plan. The
strategies of that plan are: (1) establish a clear expectation and
standards that reinforce a culture of respect and civility; (2) promote
a culture of respect and civility through accountability at all levels;
(3) enhance communication and leadership engagement; and (4)
conduct department functions and events that foster a culture of
respect and civility both internally and externally. A number of the
trainings noted above were born from that plan.
F. Notwithstanding the efforts of the City, and particularly the Police
Department to date, recent events throughout the country involving police
uses of force in contacts with people of color have brought particular
attention to the need for an examination of police training and tactics to
reduce the potential for the use of excessive force and ensure that a
person’s race or ethnicity is not a factor in an officer’s determination of
whether force is applied or the level of force that is applied.
G. Some have called for the defunding of police departments around the
nation, with a specific call to reduce the number of police officers employed.
The State of Washington ranks last in the nation – 51st when Washington
DC is included – in officers per capita. Moreover, the Kent Police Department
in particular operates with fewer police officers than nearby Washington
cities. Based on 2019 statistics, Seattle, Everett, Auburn, Tacoma, Federal
Way, and Bellevue have more officers per 1,000 citizens as compared to
Kent (Renton has the same number of officers). For example, Seattle has
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5 Race and Equity Resolution
1.9 officers per 1,000 citizens, while Kent has 1.24 officers. While Everett
has 26.06 calls for service per officer, Kent has 44.79 calls for service per
officer. The Council recognizes that reducing the number of officers in Kent
will not improve public safety and may draw resources away from
community engagement.
H. The City Council affirms its commitment to the fair and equal
provision of City services, and the fair and equal administration and
enforcement of its laws. The City Council condemns any conduct that might
lead to a differentiation in the opportunity, safety, respect, and confidence
its residents, workers and visitors are entitled to based on race, color,
ethnicity, national origin or other protected status whether it be with regard
to general City services or police services.
I. Notwithstanding the past efforts of the City, the City Council
recognizes that more work is warranted, and through this Resolution,
requests Administration take further steps to eliminate even the appearance
of inequality in the provision of services City-wide, and in particular, in
policing.
J. The Chief Administrative Officer has established an Equity Matrix to
document, prioritize, and sequence the equity initiatives of the Council,
Mayor, and Executive Leadership Team. The City Council supports the
Equity Matrix, and more specifically, requests Administration take the
actions set forth in Sections 2 – 5 of this Resolution.
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6 Race and Equity Resolution
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Recitals Incorporated. The above Recitals are
incorporated into this Resolution and constitute findings of the Kent City
Council.
SECTION 2. – Hiring – Promotion – Success. The City Council
request the Mayor and Human Resources Director continue their work to
eliminate racial barriers and barriers for other protected classes, and
establish equity in the hiring, promotion, and success of existing and future
employees in all city departments including the Kent Police Department.
SECTION 3. – Employee Training. The City Council request the
Mayor and Human Resources Director continue training for employees in all
departments, including the Kent Police Department, to eliminate racism;
address implicit bias; enhance cultural competency; and promote diversity,
equity, and inclusion in the provision of City services.
SECTION 4. – Diversity Task Force. The City Council request the
Mayor and Police Chief:
• Update the Diversity Task Force’s name to “Police Race and
Equity Advisory Board.”
• Formalize the Advisory Board’s existence in a written charter.
• Include in the charter an official role for the task force in the
review of applicable Kent Police Department policies and the
dissemination of information about and discussion of significant
police incidents.
• Provide a copy of the charter to the City Council.
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7 Race and Equity Resolution
SECTION 5. – Police Policies. The City Council request the Police
Chief to establish and/or amend applicable police policies, including use-of-
force and duty-to-intervene policies, to strengthen police operations in the
areas of diversity, equity, and inclusion to further ensure that officers are
delivering culturally sensitive, biased-free service to the community.
SECTION 6. – Legislative Agenda. The City Council request the
Mayor and Chief Administrative Officer to include in the proposed 2021
legislative agenda for the City Council’s consideration the pursuit of state
legislation to:
• Assist in the funding of mental health professionals to work
alongside police officers in the Kent Police Department and law
enforcement agencies across Washington to bring needed
resources to people in crisis and reduce the number of incidents
to which police officers need to respond.
• Establish universal use of force reporting requirements for all
law enforcement agencies in Washington.
• Provide funding for robust data analytic systems for the Kent
Police Department and law enforcement agencies across
Washington to capture call response data and to identify and
address racial disparity.
• Provide funding for the translation of local government
documents and information to ensure improved communication
and access to government for non-English speaking individuals.
SECTION 7. – Severability. If any one or more section, subsection,
or sentence of this resolution is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
resolution and the same shall remain in full force and effect.
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8 Race and Equity Resolution
SECTION 8. – Corrections by City Clerk. Upon approval of the city
attorney, the city clerk is authorized to make necessary corrections to this
resolution, including the correction of clerical errors; resolution, section, or
subsection numbering; or references to other local, state, or federal laws,
codes, rules, or regulations.
SECTION 9. – Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
October 6, 2020
DANA RALPH, MAYOR Date Approved
ATTEST:
October 6, 2020
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
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FINANCE DEPARTMENT
Paula Painter, Finance Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: September 22, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Payment of Bills - Approve
MOTION: Approve the payment of bills.
SUMMARY:
BUDGET IMPACT:
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