HomeMy WebLinkAboutCity Council Committees - Kent City Council - 02/25/2020
KENT CITY COUNCIL
COMMITTEE OF THE WHOLE
Tuesday, February 25, 2020
4:00 PM
Chambers
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. PSERN End User Service Level
Agreement with King County - Authorize
Chief Padilla
B. Transportation Master Plan Performance
Metrics - Adopt
April Delchamps
C. INFO ONLY: Public Works Update - Green
River Levees
Mike Mactutis
D. Consultant Services Agreement with
GeoEngineers, Inc., for the Signature
Pointe Levee - Authorize
Stephen Lincoln
E. INFO ONLY: Economic and Community
Development Report - The Bridges
Matt Gilbert
F. Payment of Bills - Authorize Paula Painter
G. Amendment to Lifewise Assurance
Company Contract for Medical Stop Loss
Insurance - Authorize
Laura Horea
5. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
Committee of the Whole Committee of the Whole -
Regular Meeting
February 25, 2020
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.
POLICE DEPARTMENT
Rafael Padilla, Police Chief
220 Fourth Avenue South
Kent, WA 98032
253-852-2121
DATE: February 25, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: PSERN End User Service Level Agreement with King County -
Authorize
MOTION: Authorize the Mayor to sign the Radio End User Service Level Agreement
with King County as part of the implementation of the Puget Sound Emergency
Radio Network.
SUMMARY: As part of the emergency radio system overhaul and the move to
Puget Sound Emergency Radio Network, the City is a party to the PSERN
Implementation Period Interlocal Agreement with King County, Seattle, EPSCA, and
Valley Communications. The ILA includes a requirement that, prior to being issued
project funded radios and before agencies will be allowed to use the PSERN system,
they must have entered into a user agreement. This user agreement between
agency radio users and King County is intended to ensure that expectations and
requirements for equipment management and participation in the radio network are
clear, and that agency radio users meet necessary maintenance and network
participation standards that will support the successful functioning of the Puget
Sound Emergency Radio Network.
Once the PSERN Operator is formed through an additional ILA (currently being
finalized) and staff is brought on board, the requirements of the Radio End User
Service Level Agreement will likely be assigned from King County to the PSERN
Operator. Fees for the radios and services will be set by the PSERN Operator’s
Board of Directors (consisting of representatives from Seattle, King County, EPSCA,
and Valley Com).
BUDGET IMPACT: None
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.
4.A
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ATTACHMENTS:
1. PSERN Service Level Agreement (PDF)
4.A
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RADIO END USER SERVICE LEVEL AGREEMENT
This agreement between agency radio users and King County is intended to ensure that
expectations and requirements for equipment management and participation in the radio network are
clear, and that agency radio users meet necessary maintenance and network participation standards
that willsupport the successful functioning of the Puget Sound Emergency Radio network, avoiding
unnecessary costs and disruptions for the many network participants, This agreement is in accordance
with the Puget Sound Emergency Radio Network lmplementation Period lnterlocal Agreement of 2015.
City of Kent Police Department ("End User Agency") and King County ("County") (individually, a "Party"
and collectively, the "Parties") enter this Radio End User Service Level Agreement ("Agreement") on
this _ day of 20-.ln consideration of the mutualcovenants contained herein,
the sufficiency of which is hereby acknowledged, the Parties agree as follows
1. DEFINITIONS
1.1 Words and terms shall be given their ordinary and usual meanings except as provided in this
section or in parentheticals following the definition of a particular term.
1.1.1 Accessory means all materials, special tools and any other items necessary to secure,
install, operate and maintain Subscriber Equipment including: device cradles; mounting and
installation hardware; power, Ethernet and any other wiring or cables and connectors;
strain-relief materials; wire ties; cable labels; pre-assembled wiring harnesses of prescribed
length for each vehicle type; fuses and circuit breakers; seals; adhesives; screws, bolts,
washers, nuts and grommets; special tools; power supply and power conditioning devices;
antennas; microphones; speakers; chargers; and holsters that are purchased by the PSERN
Project for the End User Agency. lthis is opposed to an accessory (lower case) that is
something not provided by PSERN and which is an optional addition purchased at the
expense of the End User Agencyl
7.L.2 Advanced System Key means hardware attached to a computer to enable critical
parameters to be programmed in subscriber equipment.
1.1.3 Confidential Information means any information in written, graphic, verbal, or machine-
recognizable form that is: (a) related to the PSERN System; (b) provided to the End User
Agency by the Contractor, the Service Provider, or the Service Provider's contractor; and (c)
marked or identified as "confidential," "proprietary," "trade secret" or similar designation.
1,.L.4 Contract (or Vendor Contract) means the County's contract with Motorola Solutions, lnc.,
King County Contract Number 5729347.
1.1.5 Control Station means all Equipment and Software provided under the Contract that is
required to meet the Contract requirements for control stations.
1.1-.6 Contractor means Motorola Solutions, lnc. the company hired by King County to provide
services for the construction, operation, maintenance or other support of PSERN.
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1,.1,.7 Emergency means an unforeseen circumstance that causes or may reasonably be expected
to cause a decrease or loss in network clarity, capacity, coverage, reliability, security,
features, or functions.
1.L.8 End User Agency in the singular means the entity that is a party to this Agreement with the
County. ln the plural, End UserAgencies means all entities that are parties to agreements
with the County with terms substantially similar to terms in this Agreement.
T.T.9 Equipment means all components of the radio system infrastructure including the land
mobile radio equipment and software, DC power equipment and software, site video and
alarming equipment and software, backhaulequipment and software, and console system
equipment and software owned by the County or PSERN Operator and used by the End
User Agency pursuant to this Agreement. The term does not include Subscriber Radios.
INOTE: When the lower case word, "equipment," is used in this Agreement, that use is not
intended to be the defined use of the term "Equipment."l
1.L.10 Field Servicer (Servicer) means a PSERN Operator employee, contractor, or subcontractor
whose job duties include traveling to sites to repair site electronics that cannot be repaired
remotely.
1.1.11 FullSystem Acceptance (FSA) means the determination issued to the Contractor upon
satisfactorily completing the final system acceptance phase milestone.
7.7.L2 Government Approvals means all necessary federal, state and local licenses, permits, and
approvals for the improvements needed for the construction, Equipment installation, and
operation of PSERN.
1.1.13 lmplementation Period means the period of time defined as such in the lmplementation
Period lLA.
t.1.74 lmplementation Period ILA means the Puget Sound Emergency Radio Network
lmplementation Period lnterlocal Cooperation Agreement.
1.1.1"5 Joint Board means the PSERN Project governing board formed under the lmplementat¡on
Period lLA.
t.L.16 KCERCS means the County-wide Emergency land mobile radio system established under
the King County Emergency Radio Communication System lnterlocalAgreement.
L.L.I7 Mester Advanced System Key means a device used to create and configure an Advanced
System Key.
L.1.18 Mobile Radio means all Equipment and Software provided under the Contract that is
required to meet the Contract requirements for the mobile radios.
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1.1.19 Monitoring means real-time fault checking on a continuous basis using tools for remote
checking and event characterization.
I.1.20 Monthly Fee (or Fee) means the monthly charge paid by the End User Agency to the
Service Provider after FSA for the Service Provider's operation and maintenance of PSERN
and for the End User Agency's use of PSERN.
1..t.2L MutualAid Radios means an end user radio from a foreign system lD which may include a
Mobile, Portable or Control Station radio which has been authorized and programmed to
operate on the PSERN System in only a mutual aid capacity.
1.1.22 Operations Period means the period of time as defined as such in the Operations Period
ILA.
1.t.23 Operations Period ILA means the Puget Sound Emergency Radio Network Operations
Period lnterlocal Cooperation Agreement as executed and amended.
7.I.24 Part 90 means Part 90 of Title 47 of the Code of Federal Regulations (CFR)
I.L25 Portable Radio means all Equipment and Software provided under the Contract that is
required to meet the Contract specifications for the portable radios.
I.I.26 Premises means the areas near and in the End User Agency's location: the area used for
staging and construction; the area Equipment will be installed and occupy inside the End
User Agency's location; the area between the right-of-way and Equipment the Service
Provider will use for access to the Equipment; and the area between the right-of-way and
Equipment to be used for the installation and maintenance of utilities, if any.
t.t.27 PSERN Board means initially the Joint Board formed under the lmplementation Period lLA,
and later the board of directors for the PSERN Operator when it is formed and assumes the
ownership, operations, and governance of PSERN.
1.1.28 PSERN Project means all authorized activities relating to the planning, analysis, design,
development, acquisition, site development, installation, testing, training, and operation of
the PSERN until FSA, starting-up a new Service Provider, transferring the PSERN to same,
and any decommissioning, contract close-out and other project completion activities.
7.1.29 PSERN Operator means the agency that will be established by the parties to the
lmplementatíon Period ILA under chapter 39.34 RCW to take over PSERN's ownership,
operation, and governance after FSA.
1.1.30 Radio Shop means a facility that is authorized by Contractor to perform installation,
maintenance, programming and repair work on Subscriber Radios.
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1.1.31 Rate Stab¡l¡zat¡on Allocation means those funds in the PSERN Project budget totaling
52,619,406 earmarked to offset rate increases for End User Agencies and to be distributed
via a formula determined by the PSERN Board.
t.t.32 Resolution Time means the period measured between the earlier of the time when the
Service Provider learns of a problem or receives the repair request and the time the Service
Provider deems that it has fixed the problem and notified the End User Agency of the
resolution.
L.1.33 Response Time means the period measured between the earlier of the time when the
Service Provider learns of a problem or receives a repair request for a problem, and the
time the Service Provider has begun actively working on the service request.
t.1,.34 Service Provider (or Operator) means the County during the lmplementation Period and
up until the transfer of ownership, operat¡on, and governance of PSERN to the PSERN
Operator. After the transfer, Service Provider means the PSERN Operator who is
responsible for the day-to-day operation and maintenance of PSERN. Service Provider also
includes the Service Provider's employees, agents, consultants, contractors,
subcontractors, permittees, successors and assigns.
1.L.35 Subscriber Radios means paying End User Agency radios whose home system is PSERN and
includes Mobile (vehicular), Portable (handheld), Control Station or consolette radios which
have been authorized and programmed to operate on the System and are owned by the
End User Agencies.
1.1.36 Update means revisions as required for the continued operation and maintenance of the
Equipment software including error corrections, bug fixes, work-arounds, patches, anti-
virus definitions, intrusion detection sensor signatures, changes in third party software or
changes to software and Equipment required to accommodate such third party software
changes and any other fixes and changes not constituting an Upgrade.
L1.37 Upgrade means migrating to a new platform or adding features through changes to
equipment and/ or softwa re.
1.L.38 User means an employee, agent, or volunteer of an organization authorized to use PSERN
1.1.39 Waranty Period means the period beginning when the Equipment is made operational by
the Contractor and extending for two (2) years after Full System Acceptance, as defined in
the Contract.
I.L40 Template means a master codeplug for a specific set of radios that is used to create an
Equipment codeplug with the specific radio information required for the configuration of a
Portable, Mobile or Control Station Radio. The Template includes ergonomic settings,
PSERN radio system information, and MutualAid Radio systems information that is
programmed into the radio to allow operations on PSERN, KCERCS or other radio systems.
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2. INITIAL EQUIPMENT REPLACEMENT
2.I By and through the Contractor, the County will replace the End User Agency's existing radios with
Subscriber Radios in the numbers and of the types specified in Exhibit 1.
2.2 Subscriber Radios will be standardized with features, functions and Accessories chosen to make
them suitable for use by End User Agencies. The End User Agencies may purchase additional
Subscriber Radios, features, and accessories. The method and timing of payment for additional
equipment will be established by the Joint Board.
2.3 Subscriber Radios will be issued according to the policies of the Joint Board as listed below, and
as amended by the Joint Board:
Only For KCERCS Customers:
2.3.I The PSERN Project will replace governmental agency and hospital agency act¡ve radios
that were activated, into KCERCS zone controllers as active radios and assigned lDs 120
days prior to the first End User Agency's Subscriber Radio planned deployment and/or
installation dates;
2.3.2 Non-hospital private agencies that are on the KCERCS will have their radios replaced on a
l- for 1 basis according to the agency inventory records as of April 25,2O19;
2.3.3 All End User Agency must turn an existing working radio in to the PSERN Project for each
Subscriber Radio provided by the Project to the End User Agency;
2.3.4 End User Agency may keep old radios not needed for Subscriber Radio exchange to use on
PSERN if they are approved by the Service Provider as meet¡ng minimum PSERN software
configurations and manufacturers specifications; and
2.3.5 End User Agency will pay Monthly Fees for each of its Subscriber Radios unless exempted
otherwise by the policies of the Service Provider.
For all other agencies
2.3.6 Agencies wanting to be on PSERN but not already on KCERCS may be issued Subscriber
Radios pursuant to policies and terms and conditions adopted by the PSERN Board, but
only if they commit to remaining as an End User Agency for a minimum of 10 years.
2.4 By and through the Contractor, the County initially will configure, program, install and or deploy
the Subscriber Radios using the previous template and perform like for like programming. After
the initial templates are created and programmed, the PSERN Operator will be responsible for
archiving and centrally storing templates as well as infrastructure configuration changes within
the templates. The Radio Shops will be responsible for End User Agency configuration settings
only. The Master Advanced System Key shall be maintained by the PSERN Operator. The PSERN
Operator shall establish policies to determine which Subscriber Radio maintenance shops will be
eligible to receive a system key.
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2.5 The PSERN Operator will maintain a list of radios approved for use on the PSERN system. The End
User Agency agrees to use only approved radios on PSERN and to not program or cause radios to
be programmed in a way that they would operate in the P 25 Phase L mode of operation while
operating on PSERN.
2.6 The County will own the Equipment provided by the PSERN Project. After the new PSERN
Operator is formed, ownership of this Equipment shall be transferred to the PSERN Operator at
no cost to the End User Agency or to the PSERN Operator.
2.7 Ownership of County-purchased Subscriber Radios will be transferred to the End User Agency
within the same fiscal year that the Subscriber Radios are put into service provided that the
Subscriber Radios are put into service at least ninety (90) days prior to the end of the fiscal year.
lf the Subscriber Radios are put into service less than ninety (90) days prior to the end of the
fiscal year, then ownership will be transferred within ninety (90) days from the date they are put
into service.
2.8 The Train-the-Trainer model will be used to train End User Agency staff to use the Subscriber
Radios. Each End User Agency shall designate staff to be trained, and supply that (those) name(s)
to the Service Provider. The trainers will receive detailed training on use of the Subscriber Radios
from the Contractor.
3 TRANSITION PLAN
3.L The Service Provider and End User Agency will work with the Contractor to develop a mutually
agreeable written transition plan. The transition plan will be approved by the PSERN Joint Board
3.2 The transition plan will include:
3.2.I A list of equipment that the End User Agency shall receive as part of the PSERN Project;
3.2.2 An installation plan for allvehicles receiving equipment;
3.2.3 A plan describing how End User Agencies will migrate from analog to digital operations;
and
3.2.4 A plan describing the training plan for each End User Agency.
4 INSTATLATION AND TESTING
4.L lf the End User Agency has any special requirements pertaining to the disposition of its existing
radios it shall notify the Service Provider as soon as practicable, but no less than within five (5)
business days of receiving notification of installation and transition.
4.2 The Service Provider shall secure all Government Approvals required for the installation and
operation of the Subscriber Radios.
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4.3 All Subscriber Radios will be programmed and tested prior to deployment and/or installation by
the Contractor to determine if they are operating in accordance with manufacturer's
specifications.
4.4 The Service Provider will coordinate with the End User Agency regarding the installation schedule
as far in advance as possible, but no less than at least fifteen (15) business days in advance.
5 OPERATIONS
5.1 ln implementing and managing PSERN, the Service Provider shall
5.1.1 Be responsible for, or during the Warranty Period ensure the Contractor is responsible for,
the repair of defective Equipment, and for programming and installing Equipment
purchased and installed during the lmplementation Period;
5.1,.2 Monitor PSERN for proper operations in accordance with the standards specified herein
and monitor for any failure symptoms;
5.1.3 Maintain, operate, repair, Update, Upgrade and test PSERN in accordance with the
Equipment manufacturer's recommendations for routine maintenance;
5.7.4 Provide the End User Agency with a phone number and email address to report system
problems. The phone number shall be reachable and Monitored 24 hour X 7 day X 365
days per year;
5.1.5 Respond to network and Equipment problems in accordance with Response and
Resolution Tables contained in Exhibit 2;
5.1.6 Purchase the Contractor's Radio Service Advantage (RSA) product offering which will
provide 7 years of support for Subscriber Radios after the conclusion of the two-year
warranty period. During the 7 years of RSA support, End User Agencies will be able to
receive repairs to Subscriber radios without incurring Contractor's depot level repair costs
However, any Subscriber Radio needing repair or replacement due to the intentional or
negligent act of the End User Agency, its agents, employees, or invitees, will be repaired
or replaced by the Radio Shop at the Radio End User Agency's cost. Such cost is in addition
to the Monthly Fee. Disputes regarding the responsibility for repair or replacement cost
will be resolved pursuant to Section 23;
5.7.7 Have factory-trained subject matter experts (Duty Technician(s)) on staff who specialize in
the diagnosis, troubleshooting and resolution of network performance and Equipment
problems;
5.1.8 Have a Duty Technician to act as liaison between itself and the Contractor;
5.1.9 Resolve Equipment warranty claims with the Contractor;
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5.1.L0 Manage talkgroup site access profiles;
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5.1.11 Give the End User Agency at least thirty (30) days' notice before undertaking scheduled
activities that will interrupt or reduce service capacity by twenty-five percent (25%l or
more;
5.L.12 Centrally manage the distribution and archiving of regional encryption keys;
5.1.13 Centrally manage the creation of new talkgroups (however, per Section 5.3, End User
Agencies will own their own existing talkgroups);
5.1,.I4 Centrally archive templates for radio programming of End User Agency radios;
5.1.15 Centrally manage the use of integrated voice and data applications such as over-the-air
rekeying, over the air programming, outdoor location (GPS information) and radio
management;
5.L.16 Ensure public safety agencies have priority of service on the PSERN system; and
5.L77 Maintain the PSERN system to the following standards as specified in the Contract and as
implemented by the Contractor prior to FSA:
5.LI7.L Delivered Audio Quality 3.+;
5.L.L7.2 97% reliability;
5.7.17.3 97% portable on-street coverage in the Primary Bounded Area;
5.LI7.4 95% portable on-street coverage in the Highway Buffer Covered Areas;
5.1.17.5 Grade of Service of 1.0;
5.LI7.6 99.999% availability of backhaul;
5.7.17.7 at least 17db added signal above the baseline PSERN design within the
designated in-building coverage areas (downtown Seattle, downtown Bellevue,
and north central Renton; and
5.1,.17.8 Provide 97% portable on-street coverage in the in-building coverage areas. The
Contractor shall provide a System that achieves 97% SAR (service area
reliability).
5.2 Following execution of the Operations Period ILA and formation of the PSERN Operator, the
PSERN Operator shall:
5.2.7 Develop and adopt a maintenance & operations plan that includes:
5.2.L.L Talkgroup prioritization levels and site authorizations;
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5.2.1.2 Authorized template configuration changes by Radio Shops;
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5.2.1.3 System maintenance standards;
5.2.L.4 Technician/System manager administrative rights;
5.2.1.5 Training requirements for technical staff;
5.2.L.6 Distribution, management, and archiving of regional and End User Agency
encryption keys;
5.2.1.7 System key management and distribution;
5.2.L.8 OTAP/OTAR roles and responsibilities;
5.2.L9 lssue resolution reporting procedures including system status, repairs made,
impacted area, etc.;
5.2.L.LO Contin u ity of o pe rations proced u res;
5.2.Ltt Procedures for End User agencies to add radios to their inventory at their own
cosU
5.2.t.L2 Talkgroup sharing agreement requirements; and
5.2.1,.1,3 Conve ntio na I cha n nel sha ring agreeme nts.
5.2.2. Adopt policies governing the replacement, removal, and addition of Equipment under its
control;
5.2.3. Adopt policies related to the access of PSERN for mutual aid and/or interoperability
purposes;
5.2.4. Adopt policies defining the approved Equipment and Subscriber Radios authorized for use
in PSERN;
5,2.5. Adopt policies defining mandatory configuration settings that must be set into each
authorized Subscriber Radio;
5.2.6. Adopt and implement information assurance controls, policies, procedures and processes;
5.2.7. Adopt policies governing the change management program;
5.2.8. Work in partnership with the End User Agencies to develop and regularly report on
performance and operating metrics indicating system performance as well as the PSERN
Operator's ability to meet the End User Agencies service requirements; and
9
5.2.9. Upon request by End User Agencies, provide reports of system usage and equipment
inventories.
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5.3 ln using the Equipment and PSERN, the End User Agency agrees to
5.3.1 Be responsible for replacement at its cost of any Subscriber Radios that are stolen,
damaged, lost or which are determined by the End User Agency to be beyond their
expected life if not covered by the radio repair procedures as described in Section 5.4 ;
5.3.2 Use only radio codeplugs that have been configured by the PSERN Operator;
5.3.3 Create and distribute End User Agency encryption keys;
5.3.4 Own and control their own talkgroups;
5.3.5 Ensure all trunked radios are capable of being configured for P25 Phase ll operation;
5.3.6 Prevent unauthorized and untrained personnel from accessing Subscriber Radios;
5.3.7 Promptly report Equipment and network problems to the Service Provider and indicate
the impact of the problem on the End User Agency (e.g., if a channel is garbled, features
are not working correctly, or if coverage conditions in a known area have changed);
5.3.8 Comply with all applicable information assurance controls, policies, procedures, and
processes developed and implemented by the PSERN Operator;
5.3.9 Maintain an accurate system for tracking all Subscriber Radio purchased by the PSERN
Project or acquired by the End User Agency and immediately notify the System Provider if
the End User Agency knows or suspects that a Subscriber Radio has been lost, stolen, or
damaged so that the System Provider can take any necessary actions which may include
disabling the Subscriber Radio;
5.3.10 Not permanently transfer, dispose ol or allow an entity or individual outside the User
Agency to use Subscriber Radios without the PSERN Board's prior written approval for a
period of 7 years after Full System Acceptance (Any radios disposed of under this sub-
section shall be deprogrammed by a Radio Shop prior to disposal);
5.3.1L Assist the Service Provider in responding to any correspondence, compla¡nt, information
request, or claim it receives that pertains to End User Agency operat¡ons;
5.3.I2 Use a Radio Shop of its choice to perform all installation, maintenance, programming and
repair work on Subscriber radios;
5.3.13 Perform, or have performed, preventative maintenance of its Subscriber Radios in
accordance with manufacturer's recommendations and schedules;
5.3.L4 Perform, or have performed, periodic Updates of subscriber operating system as
determined by the Service Provider;
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5.3.15 Allow Service Provider the right to inspect applicable Equipment which the End User
Agency controls access to in order to verify operations of the Equipment are within the
manufacturer's specifications and Federal Communications Commission rules; and
5.3.16 Not modify Subscriber Radio hardware or software operating characteristics, such as
modifying the transmit power levels of mobile radios or replacing the antennas with
higher gain antennas on mobile or portable radios without the approval of the PSERN
Operator.
5.4 Radio Repair Procedures:
5.4.1, After initial Contractor installation and up to and during the Warranty Period, the End
User agency will use a Radio Shop of its choice to perform all installation, maintenance,
programming, and repair work on Subscriber Radios and ensure that during the two year
warranty period the Rad¡o Shop will:
5.4.LJ lnitiate a service request with Contractor by requesting a Return Merchandise
Authorization (RMA); and
5.4.7.2 The Radio shop shall remove failed units from the vehicles and reinstall new units
and ship the units to Contractor.
5.4.2 Contractor w¡ll
5.4.2.I Provide the Radio Shop with an RMA, provide a new Subscriber Radio
replacement unit with the latest firmware release, and reimburse the Radio Shop
and End User Agency for their costs (including troubleshooting time, owner
traveltime, removal and installation of the radio, reprogramming, and inventory
actions).
5.4.3 Upon completion of the warranty period
5.4.3.1 The Radio Shop will initiate a service request via Motorola Online (MOL) and
reference the Contract Number (#57293471for repair;
5.4.3.2 Contractor is responsible for inbound and outbound shipping and tracking of
each shipmen| and
5,4.3.3 End User Agency may have to pay fees for the removal/installation of Mobile
Radios or Control Stations per any applicable Radio Shop service agreements and
rates.
5.5 The Change management program to be adopted pursuant to Section 5.2 shall be mutually
agreed to by the Parties and shall include:
1!
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5.5.1 Request for change (RFC) documentation;
5.5.2 Classification of the RFC quantifying the risk/impact and the category;
5.5.2.1 Risk/lmpact may be: low, medium, high; and
5.5.2.2 Category may be: standard or Emergency
5.5.3 Assessment and Authorization of the RFC;
5.5.4 Communication with dispatch centers of the RFC's implications;
5.5.5 lmplementation of the change;
5.5.6 Assessment of the quality of the implementation; and
5.5.7 Closure of the RFC record
6. RESPONSE AND RESOTUTION TIMES TO INFRASTRUCURE IMPAIRMENTS
6.1 During the Warranty Period when a User reports or the Monitoring equipment detects a
problem and reports it to the Service Provider, a trained technologist will acknowledge and
attempt to remotely diagnose the problem. Appropriate responses could include continuously
Monitoring the event for further development, attempting remote remediation, or dispatching a
Field Servicer (Servicer) for onsite remediation.
6.2. The table in Exhibit 2 lists Response Times for three levels of severity and the correlating
Resolution Time for each.
6.3. The Service Provider shall repair or replace a defective piece of Equipment at no cost above the
Monthly Fee.
6.4. The Service Provider will keep or have access to sufficient spare parts and pieces of Equipment
so that defective, broken, or wrongly programmed Equipment can be promptly replaced or
repaired.
7. EQUIPMENT UPDATES AND UPGRADES
7.L Equipment Updates
7.L.1 During the Warranty Period, the Contractor shall provide and install Equipment Updates
Thereafter, the Contractor shall provide Updates that shall be installed by the Service
Provider. The cost of Updates shall be included in the Monthly Fee.
7.L2 Regular Updates shall include:
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7.1,.2.1. Contractor's most current software enhancement release Update which includes
defect corrections, bug fixes, patches, and service packs.
7.1.2.2 Patch releases, service packs and other non-security-related Updates released by
Contractor, its subcontractors if applicable, and other providers of Equipment
operating and application software including Microsoft, Red Hat Linux, Sun
Solaris, and other third parties.
7.1,.2.3 Contractor's regular security-related Updates, referred to by Contractor as
"security Update Service" (SUS) that include operating system patches and
service packs, anti-virus engines and definitions, intrusion detection systems and
signatures, and firewall setting and other security-related Updates.
7.7.3 Updates to software necessary as a result of a failure will be provided based on the
severity level of the failure as follows:
7.t.3.I For failures that affect PSERN service, traffic/capacity, operations, material
functions, maintenance capabilities or system administration, the Service
Provider shall commence corrective action immediately and exercise its best
efforts to work with the Contractor to develop, test, and install a fix in the
shortest time possible.
7.7.3.2 For failures that do not affect PSERN service, traffic/capacity, operations,
material functions, maintenance capabilities or system administration, the
Service Provider shall work with the Contractor to develop, test, and install the
fix as part of an Update to be otherwise provided in this Section.
7 .L4 Prior to installation of an Update, the Service Provider shall confirm that the Update has
been successfully tested to ensure the Update is compatible and that it will not degrade,
interfere with, or otherwise compromise PSERN's functionality. Updates may be loaded
remotely or locally as determined by the Service Provider.
7.1,.5 The Service Provider will routinely install Updates, but may defer or decline to install an
Update or roll back one or more Updates if the Service Provider in its sole discretion
determines that the Update would be detrimental to PSERN's functionality.
7.1,.6 The Service Provider will notify End User Agencies in accordance with the change
management program as detailed in Section 5.5 in advance of routine Updates and will
provide applicable release notes with each Update. ln the case of Updates installed
under Section 7.1.3, notice will be provided to the Users with as much lead time as
practicable.
7.2 Equipment Upgrades
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7.2.1, During the Warranty Period, the Contractor shall provide and install Equipment Upgrades
Thereafter, the Contractor will provide Upgrades that will be installed by the Service
Provider. The cost of Upgrades shall be included in the Monthly Fee.
7.2.2 The most recent available Upgrades of the Equipment software and hardware shall be
provided at the following points in time: (1) no more than ninety (90) days prior to the
start of the FSA testing period; (2) no more than ninety (90) days prior to the end of the
Warranty Period; (3) after the Warranty Period, every other year beginning with 2023
subject to availability from the Contractor. The Service Provider may defer or suspend an
Upgrade if it determines in its sole discretion that the Upgrade would be detrimental to
PSERN's functionality.
7.2.3 Each Upgrade will include the latest versions of Contractor software and the latest
versions of th¡rd party software certified for the system and shall include all Updates
available at the time of the Upgrade if not already installed under Section 7.1-.
7.2.4 Prior to ¡nstallation of an Upgrade, the Service Provider shall confirm that the Upgrade has
been successfully tested to ensure the Upgrade is compatible and that it will not degrade,
interfere with, or otherwise compromise PSERN's functionality. Upgrades may be loaded
remotely or locally as determined by the Service Provider.
7.2.5 lf an Upgrade requires additional or different Equipment, the Service Provider (by and
through the Contractor during the Warranty Period) shall provide and install the necessary
Equipment. The cost of the software and Equipment required for the Upgrade, if any, shall
be included in the Monthly Fee.
7.2.6 The Service Provider will notify End User Agencies in accordance with the change
management program as detailed in Section 5.5
8 MONTHLY FEE AND PAYMENT
8.1 The End User Agency agrees to pay the PSERN Operator a Monthly Fee for the End User Agency's
use of PSERN and the PSERN Operator's operation and maintenance of the Equipment and
network. The Monthly Fee shall be calculated using a formula determined by the PSERN Board.
8.2 The Monthly Fee will be assessed beginning immediately after FSA for each End User Agency
radio with an active lD in the radio system core. ln the first month, the Monthly Fee shall be
assessed on a prorated basis based on the number of days the radio is in service and will apply to
Subscriber Radios used in the field, dispatch center back up radios and recording radios. The
PSERN Operator shall provide an invoice to the End User Agency. The first payment will be due
on the first day of the first full month after FSA, and shall equal the amount due for that month
and any pro-rated amount for the first month of service
74
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8.3 Monthly Fee payments will be due on the first day of each month, except that at the End User
Agency's sole option it may make annual advance payments in lieu of monthly installments.
Payments made will be applied first to charges that are in arrears and then to the payment due
for that coming month.
8.4 The first payments after FSA may be reduced based on the PSERN Board's disbursement of the
Rate Stabilization Allocation for those End User Agencies that will see a rate increase as a result
of PSERN operations.
8.5 The PSERN Operator shall provide the End User Agency with the address for payment of Fees not
less than sixty (60) days prior to the date the first payment is due. All payments shall be
accompanied by a reference to this Agreement, or an invoice number.
8.6 lf the End User Agency does not pay its Fee or pays only a part of the Fee more than twice in any
single calendar year, the PSERN Operator may charge the End User Agency a reasonable late or
special handling charge.
8.7 The PSERN Operator's acceptance of any payment or partial payment after the date it is due shall
not be deemed a waiver regarding the End User Agency's obligations to make future payments
on time. And no partial payment shall act as an accord and satisfaction unless approved by the
PSERN Board.
8.8 OTHER FEES: The Service Provider may maintain and publish fees for services in support of End
User Agency's operations unrelated to the PSERN Equipment. Such fees may include activation
and deactivation fees and time and materials rates for non-PSERN equipment servicing. End User
Agencies may use these ad hoc services, if offered, which may consist of:
8.8.L Time and materials fees in support of UHF systems and equipment, VHF systems and
equipment, non-PSERN Microwave equipment and fiber optic networking
8.8.2 Consultation service fees for communication equipment or systems
8.8.3 Consultation service fees for in-building coverage equipment such as bi-directional
amplifiers or distributed antenna systems
9. TERM
9.1 This Agreement shall take effect when executed by authorized representatives of the Parties, and
shall remain in effect unless one of the following events occurs:
9.1.1 The Parties execute a superseding agreement;
9.L2 The End User Agency withdraws from the Agreement as provided in Section 76.I; or
9.1.3 The PSERN Board terminates the Agreement as provided in Section 16.2
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10. COMPTIANCE WITH APPTICABLE LAWS, REGULATIONS, AGREEMENTS, POLICIES, PROCEDURES,
AND PERMITS
The Parties acknowledge: 1) that they are required to comply with various laws, regulations,
agreements, policies, procedures, and permits, including those contained in 47 CFR 590, those
developed by the PSERN Board and the Service Provider, and those contained in the
lmplementation Period ILA and the Operations Period lLA, ¡f the End User Agency is a party to
those agreements; and 2) that the County is subject to the Vendor Contract's terms and
conditions in the performance of this Agreement. The Parties agree to comply with the applicable
laws, regulations, agreements, policies, procedures, and permits.
11. REPRESENTATIONSANDWARRANTIES
1L.1 The End User Agency represents, warrants, and agrees that:
tt.L.t lt will work cooperatively, fully, and promptly with the Service Provider;
L7.I.2 lt has the full right, power, and authority to enter into this Agreement; and
U..L.3 lt does not know any reason why its execution and performance of this Agreement would
violate any laws, covenants, or the provisions of any mortgage, lease or other binding
agreement.
l-L.2 The Service Provider represents, warrants, and agrees that:
LL.2.t lt will work cooperatively, fully, and promptly with the End User Agency;
11.2.2 lt has the full right, power and authority to enter into this Agreement;
LL2.3 lt does not know any reason why its execution and performance of this Agreement would
violate any laws, covenants or the provisions of any mortgage, lease or other binding
agreement.
12. NOT USED
13 INDEPENDENT CONTRACTORS AND NO THIRD PARTY BENEFICIARIES
13.1 Each Party is an independent contractor with respect to this Agreement. No joint venture or
partnership is formed as a result of this Agreement.
13.2 This Agreement is solely for the benefit of the Parties, and gives no right or remedy to any other
person or entity.
14 ASSIGNMENTS
t4.L By Service Provider
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The County may assign this Agreement and all of the County's rights, duties, and obligations set
forth herein, to the PSERN Operator without the End User Agency's approval. However, such
assignment shall require approval by the PSERN Board.
L4.2 By the End User Agency:
The End User Agency may not assign any of its rights, duties, or obligations set forth in this
Agreement except as approved in writing by the PSERN Board and the Service Provider.
1.5 RECORDS
Each Party shall keep records as required by state law. To the extent permitted by law, all
records, accounts and documents relating to matters covered by this Agreement shall be subject
to inspection, copying, review or audit by the Washington State Auditor or any Party. Upon
reasonable notice, during normal working hours, each Party shall provide auditors from the
Washington State Auditor or the other Party with access to its facilities for copying said records
at their expense. lf a Party receives a request for records under the Washington State Public
Records Act for records that meet the definition of Confidential lnformation, and if the Party
determines such record is or may be subject to disclosure, the Party's sole obligation to protect
the confidentiality shall be to notify the entity or individual claiming confidential¡ty of the request
and the date that such Confidential lnformation will be released. Such individual or entity, shall
have the option of obtaining a court order to enjoin disclosure pursuant to RCW 42.56.540.
16. ENDING SERVICE
L6.t End User Agency may apply for withdrawal from this Agreement with at least one year's written
notice of its intent to withdraw. Such applications shall be handled in accordance with the PSERN
Board's rules.
16.2 After giving the End User Agency a reasonable period of time to cure, the PSERN Board may
terminate this Agreement for the End User Agency's repeated violations of the Agreement terms
The PSERN Board may immediately terminate this Agreement where an action or inaction of the
End User Agency significantly diminishes or threatens to significantly diminish the operations of
PSERN or results in the loss of or threatened loss of PSERN's spectrum licenses. Termination
actions shall be handled in accordance with the PSERN Board's rules.
17. INDEMN¡FICAT¡ON
Each Party shall save harmless the other Party, its officers, officials, employees and agents while
acting within the scope of their employment as such, from any and all suits, costs, claims, actions,
losses, penalties, judgments, and/or awards of damages, of whatsoever kind arising out of, or in
connection with, or incident to the services associated with this Agreement caused by or
resulting from each Party's own negligent acts or omissions. Each Party agrees that it is fully
responsible for the acts and omissions of its own contractors, subcontractors, their employees
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and agents, act¡ng with¡n the scope of their employment as such, as it is for the acts and
omissions of its own employees and agents.
18. INSURANCE
18.1 King County lnsurance
The County maintains a self-insurance program for the protection and handling of its liabilities
including injuries to persons and damage to property. The End User Agency acknowledges, agrees
and understands that the County is self-funded for all of its liabil¡ty exposures for this
Agreement.
18.2 The PSERN Operator
Upon the transfer of PSERN to the PSERN Operator, the PSERN Operator shall either maintain a
fully funded self-insurance program in accordance with applicable law or acquire and maintain
commercialgeneral liability insurance in the amount of Five Million Dollars ($5,000,000) per
occurrence and Five Million Dollars (55,000,000)general aggregate, based on ISO Form CG 00 01
or equivalent.
18.3 Contractors and Subcontractors lnsurance
The County and PSERN Operator shall require their contractors and subcontractors to maintain
general liability insurance for all activities related to installation and servicing of the equipment at
the Centers.
18.4 End UserAgency's lnsurance
The End User Agency agrees to maintain a self-insurance program or to procure and maintain the
following minimum insurance coverage areas and limits, or comparable program(s) of self-
insurance, responsive to its liability and property exposures under this Agreement:
18.4.1. General Liability: lnsurance Services "occurrence" form CG 00 01- (current edition), or its
substantive equivalent. Commercial General Liability coverage shall be no less than ONE
MILLION DOLLARS ($1,000,000) per combined single limit per occurrence, and TWO
MILLION DOLLARS (52,000,000) in the aggregate for bodily injury and property damage.
78.4.2 Workers'Compensation/Stop Gap/Employers Liability: Statutory Workers Compensation
coverage and Stop Gap Liability for a limit no less than ONE MILLION DOLLARS
(S1,000,000) per occurrence.
19. NOTTCES
Written notice for purposes of Sections 16, L8 and 23 must be either delivered by courier or sent
by certified mail, return receipt requested, to the address listed below. Not¡ces shall be deemed
effective upon the earlier of receipt when delivered, or, if mailed, upon signature on the return
receipt. A Party may change the address for notices from time to time by providing the other
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Party(ies)the replacement name and contact information. Notice shall not be effective unless
and until the other Party(ies) has (have) received this information.
To the End UserAgency:
To the County or PSERN Operator:
Hai Phung, Project Manager
King County Department of lnformation Technology
401 5th Avenue
seattle, wA 98104
20. AMENDMENT
This Agreement may be amended only upon mutualwritten agreement of the Parties and
approval ofthe PSERN Board.
2I FORCE MAJEURE
Acts of nature, acts of civil or military authorities, acts of war, terrorism, fire, accidents,
shutdowns for purpose of Emergency repairs, strikes and other labor disruptions, and other
industrial, civil or public disturbances that are not reasonably within the control of a Party
causing the Party's inability to perform an obligation under this Agreement are "Force Majeure
Events." lf any Party is rendered unable, wholly or in part, by a Force Majeure Event, to perform
or comply with any obligation or condition of this Agreement, such obligation or condition shall
be suspended for the time and to the extent reasonably necessary to allow for performance and
compliance and restoration of normal operatíons.
22 CONFTICT WITH OTHER AGREEMENTS
lf any provision of this Agreement conflicts with a provision of the lmplementation Period lLA,
the Operations Period lLA, or the lease between the End User Agency and King County (or Service
Provider as applicable), if any, such that the provisions cannot be harmonized, then the
provisions of the applicable ILA or lease shall control over this Agreement.
2? DISPUTE RESOTUTION
lf a dispute arises out of or relates to this Agreement, the Parties shall endeavor to resolve the
dispute through direct negotiations between them. lf the Parties are unable to resolve the
dispute within sixty (60) days of its occurrence, either Party may refer the dispute to the PSERN
Board for resolution and shall provide the other Party with notice of such referral. lf the dispute
is not resolved by the PSERN Board within sixty (60) days of referral to ¡t, e¡ther Party may refer
the dispute to the executive officers of the Parties. lf the dispute is not resolved by the
executives within 60 days of referral, either Party may refer the dispute to non-binding
mediation. The parties to the dispute shall share the costs of mediation equally. Referral of the
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dispute to the PSERN Board, the executives, and mediation shall be a condition precedent to a
Party's pursuit of other available legal remedies.
24 CHOICE OF tAW AND VENUE
ThisAgreementandanyrights,remedies, and/or obligationsprovidedforinthisAgreementshall
be governed, construed, and enforced in accordance with the substantive and procedural laws of
the State of Washington. The Parties agree that the King County Superior Court, Washington
shall have exclusive jurisdiction and venue over any legal action arising under this Agreement.
25 NO WAIVER
No term or provision of this Agreement shall be deemed waived and no breach excused unless
such waiver or consent shall be in writing and signed by the Party claimed to have waived or
consented. Waiver of any default of this Agreement shall not be deemed a waiver of any
subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to
be a waiver of any other or subsequent breach. Waiver of such default or breach shall not be
construed to be a modification of the terms of this Agreement unless stated to be such through
written approvalof the Parties.
26 EXECUTION AND COUNTERPARTS
This Agreement may be executed in counterparts, any one of which shall be deemed to be an
original, and all of which together shall constitute one and the same instrument.
27 SURVIVAT PROVISIONS
The following provisions shall survive and remain applicable to each of the Parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a Party's
withdrawal from this Agreement.
Section 15 Records
Section 17 lndemnification
Section L9 Notices
Section 24 Choice of Law and Venue
28 SEVERABITIW
The invalidity of any provision of this Agreement shall not affect the validity of the remaining
provisions.
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lN WITNESS WHEREOF, authorized representatives of the Parties have signed their names in the space
provided below.
King County City of Kent Police Department
David Mendel, Director, King County
Emergency Radio Communications
IName, Title]
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Exhibit 1
List of equipment for End User Agency
The quantities of equipment listed here will be based on the preliminary radio inventory. The parties
agree that prior to radio replacement final inventory numbers will be mutually agreed to, subject to the
replacement polices adopted by the PSERN Joint Board.
Kent Police Department
Portable
Radio
Location
Capable
Encryption
with Over
The Air Re-
keying
Portable
Radio
quantity
with
microphone
2 batteries,
case
lndividual
Charger
6 Pocket
Charger
Other Gov't No No 0 0 0
Police Yes Yes 232 232 c
Fire/EMS Yes Yes 0 c
Mobile
Radio
Location
Capable
Encryption
with Over
The Air Re-
keying
Dash mount
radio
Trunk
mount radio
Dual head
radio
Quad head
radio
Motorcycle
radio
Other Gov't No No c c c 0 0
Police/Fire/EMS Yes Yes 741 c c 0 fi
Base
Radio
Location
Capable
Encryption
with Over
Ihe Air Re-
keying
Consolette
radio
Desktop
radio
Other Gov't No No 0 0
Police/Fire/EMS Yes Yes 0 0
Total Radios 390
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All radios come with 700/800 MHz Trunked/Conventional P25 & Smartzone Trunking,
Over the Air Programming, Radio Authentication, lntegrated Voice and Data, Advanced
System Key
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Exhibit 2
Response and Resolution Tables
Severity
Level
En-Route
Response Time
Restoration and Replacement
Times
Examples
Severity 1 Field Servicer
shall be en-
route within
th¡rty (30)
minutes after
Contractor or
Service
Provider
detects or is
notified of the
failure,
whichever
occurs first.
Within four (4) hours of detection
or report of failure, whichever
occurs first, restore full
functionality to land mobile radio
equipment and software,
microwave system equipment and
software and MPLS equipment and
software and if equ¡pment ¡s
malfunctioning, install FRU.
Concerning equipment and
software not listed above, Service
Provider's goal is to resolve all
Severity 1 failures within two hours
of arrival. However, it is possible
that some resolutions could require
additional time and effort due to
multiple item failure, antenna
system failure, etc. ln any event,
Service Provider is committed to
failure resolution as rapidly as
possible, utilizing all available
resources to resolve the failure as
soon as possible.
Failure of any system control
equipment element. (e.g.
equipment at a master site or
prime site).
Any failure which results in the loss
of wide area operation of one or
more simulcast radio sub-system.
Failure of operation of 25% or more
of the operator stations in a
dispatch center.
This level represents the most
critical issues affecting significant
portions of the System and its
users.
24
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Severity 2 Field Servicer
shall be en-
route within
thirty (30)
minutes after
Contractor or
Service
Provider
detects or is
notified of the
fa ilu re,
whichever
occurs first.
Within twenty-four (24) hours of
detect¡on or report of failure,
whichever occurs first, restore full
functionality to land mobile radio
equipment and software
microwave system equipment and
software and MPLS equipment and
software and if equipment is
malfunctioning, install FRU.
Concerning equipment and
software not listed above Service
Provider's goal is to resolve all
Severity 2 failures within twelve
hours of arrival. However, it is
possible that some resolutions
could require additionaltime and
effort due to multiple item failure,
antenna system failure, etc. ln any
event, Service Provider is
committed to failure resolution as
rapidly as possible, utilizing all
available resources to resolve the
failure as soon as possible.
Loss of 20% or more voice talk-path
capacity at a site.
Failure of operation of any
individual site that comprises a part
of a simulcast subsystem or
multicast site.
Any Backhaulfailure which causes
either a loss of traffic through a
path or loss of node redundancy.
Network Management System
(NMS)failure
dispatch center failure impacting
operations.
Loss of connectivity of any dispatch
or RF site to the core network.
Environmental alarms, such as DC
plant and backup power.
This level represents major issues
that results in an impaired or
unusable sub-system, or loss of
critical features from the End User
Agency's perspective.
25
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Severity 3 Field Servicer
shall be en-
route as soon
as possible
after
contractor or
Service
Provider
detects or is
notified of the
failure,
whichever
occurs first.
Within twenty-four (24) hours of
detection or report of failure,
whichever occurs first, restore full
functionality to land mobile radio
equipment, microwave system
equipment and software and MPLS
equipment and software and, if
equipment is malfunctioning,
install new equipment.
Concerning equipment and
software not listed above, Service
Provider's goal is to resolve all
Severity 3 failures within twenty-
four hours of arrival. However, it is
possible that some resolut¡ons
could require additionaltime and
effort due to multiple item failure,
antenna system failure, etc. ln any
event, Service Provider is
committed to failure resolution as
rapidly as possible, utilizing all
available resources to resolve the
failure as soon as possible.
Loss of less than 20% of voice talk-
path capacity at any site.
Any Backhaulfailure or alarm which
does not result in loss of traffic or
redundancy.
No more than L console out-of-
service at any dispatch location.
Loss of any NMS workstation.
This level represents moderate
issues that limit End User Agency's
normal use of the system, sub-
system, product, or major non-
critical features from an End User
Agency's perspective.
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 25, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Transportation Master Plan Performance Metrics - Adopt
MOTION: Adopt the Transportation Master Plan Performance Metrics.
SUMMARY:
The Transportation Master Plan will detail a prioritized, 20-year project list.
Currently, projects are being developed from four sources.
These projects will be prioritized using performance metrics developed from the five
Goals adopted by the City Council on November 19, 2019. Staff from Economic and
Community Development, Parks and Public Works have been meeting since October
to discuss potential performance metrics that further the five adopted goals.
Twenty preliminary performance metrics were developed through this collaborative
effort. These preliminary metrics were then reviewed and edited by the Directors
and Assistant Directors of Economic and Community Development, Parks and Public
Works.
4.B
Packet Pg. 31
The edited preliminary performance metrics were presented for discussion and
comment at the January 16th Transportation Advisory Board meeting. The
Transportation Advisory Board is a hybrid technical-resident-stakeholder board
tasked with advising on critical elements of the Transportation Master Plan. The
Transportation Advisory Board membership consists of 27 members (12 Kent
residents, 5 Kent staff, 4 representatives from City of Kent Boards/Commissions,
and 6 stakeholders). The Transportation Advisory Board reviewed the preliminary
performance metrics and provided feedback. The performance metrics were revised
based on the Transportation Advisory Board’s feedback. The revised performance
metrics were presented to the Council at the February 11, 2020 Committee of the
Whole.
BUDGET IMPACT: None
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.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Performance Metrics (PDF)
4.B
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Page 1 of 2 February 11, 2020
Draft Performance Metrics
Criteria Technical Description
Project expands options for taking a
variety of travel modes.
Intermodal choices - Expands intermodal choices (e.g.
additional transit service, multimodal network gap
closure, connections between two or more modes).
Project provides safety and access
benefits for youth, seniors, low-income
households, limited-English
households, people with disabilities,
and people of color.
Equity - Improves access or safety for priority
communities including youth, seniors, low-income
households, limited-English speaking households, people
with disabilities, and people of color (e.g. crosswalk
improvements in low-income neighborhood).
Project closes a gap for walking and
biking.
Gap closure - Fills a bicycle and pedestrian gap in the
Multimodal Level of Service (MMLOS) network or connects
to a facility in a neighboring jurisdiction.
Project results in less roadway delay
for vehicles.
Auto Level of Service (LOS) - Reduces auto delay (e.g.
signal timing optimization).
Project creates a more welcoming
environment by including features like
lighting, seating, art etc.
Urban Design - Pedestrian-oriented urban design
emphasis (e.g. lighting, benches, communal spaces, play
structures, art, etc.).
Pedestrian project is located in an
activity center, next to a transit stop,
and/or serves a community
destination.
Areas of High Pedestrian Activity - Multimodal project in a
City designated activity center or serves a community
asset or transit stop.
Project adds trees, landscaping and
benefits the environment.
Landscaping & Environment - Provides a landscaping
component (e.g. street trees, pedestrian hedge buffer,
planted median) with environmental benefit (e.g.
pervious pavement, bioswales, low-impact development).
Project addresses safety at a location
where many collisions have occurred.
Safety - Project has a safety benefit at a collision hotspot
location (e.g. rectangular rapid flashing beacon, leading
pedestrian interval, roundabout) or identified in local road
safety plan (LRSP).
Project makes biking safer/more
comfortable for people of all abilities.
LTS - Bicycle Level of Traffic Stress (LTS) ROW
improvement (e.g. protected bike lane, multi-use path).
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Page 2 of 2 February 11, 2020
Criteria Technical Description
Project reduces collision risk factors
like speeding or inadequate lighting.
Safety - Project has a safety benefit that addresses
known crash risk factors.
Project includes pedestrian
improvements, like a sidewalk or
crossing.
Pedestrian improvement (e.g. sidewalk widening,
improved crossing).
Project includes roadway maintenance.
Roadway maintenance - Project contains a maintenance
or rehab component (e.g. asphalt overlay or maintenance
for travel lanes, bike facilities, sidewalks, etc.).
Project reduces overall cost to the City
by removing or re-striping roads or
updating expensive infrastructure.
Project life-cycle cost impact to the City (e.g. long-term
maintenance).
Project could be paid for by impact
fees from developers.
Potential impact fee project that increases capacity (e.g.
New sidewalk or bike lanes, intersection turn lanes).
Project is supported by community
members.
Community Support - Project has proven community
support.
Project is in an adopted City of Kent
plan. Adopted Plans - Project is in a City of Kent plan.
Project could be funded using outside
sources like grants, state funds, or
private partnerships.
Leverage outside funding or strong grant potential (e.g.
active transportation project), or multijurisdictional (e.g.
Transit corridor project with King County Metro, station
access project with ST, ORCA LIFT Expansion, adjacent
cities), or private sector partner (e.g. large employer).
Project provides opportunities to
implement smart signal or technology
upgrades.
Technology - Project provides opportunity for significant
ITS upgrades in conjunction with existing construction
(e.g. Fiber optic, signal cabinets) or other efficiency (e.g.
adaptive signal technology or leading pedestrian interval).
Project improves conditions for trucks
and deliveries.
Goods Movement & Freight Access - Improves goods
movement and freight access through more efficient time
and space allocation (e.g. off-peak freight and delivery
times, goods movement curbspace management).
Project encourages taking modes other
than driving to maximize the efficiency
of Kent's transportation system and
benefit the environment.
Transportation Demand Management (TDM) - Project
encourages walking, biking, and getting to transit as an
alternative to driving single occupancy vehicles to
maximize the capacity of the system and benefit the
environment, which could improve health outcomes.
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Performance Metrics (continued)Performance Metrics
Pedestrian project is located in an activity center, next to a
transit stop, and/or serves a community destination.
Project includes pedestrian improvements, like
a sidewalk or crossing.
Project encourages taking modes other than driving to
maximize the eiciency of Kent's transportation system and
benefit the environment.
Project expands options for taking
a variety of travel modes.
Project provides safety and access benefits for youth, seniors,
low-income households, limited-English households, people
with disabilities, and people of color.
Project closes a gap for walking and biking.
Project results in less roadway delay for vehicles.
Project makes biking safer/more
comfortable for people of all abilities.
Project provides opportunities to implement
smart signal or technology upgrades.
Project includes roadway maintenance.
Project could be paid for by impact fees from developers.
Project is supported by community members.
Project is in an adopted City of Kent plan.
Project improves conditions for trucks and deliveries.
Project reduces overall cost to the City by removing or
re-striping roads or updating expensive infrastructure.
Project adds trees, landscaping and
benefits the environment.
Project addresses safety at a location where many
collisions have occurred.
Project reduces collision risk factors like
speeding or inadequate lighting.
Project creates a more welcoming environment by
including features like lighting, seating, art, etc.
Project could be funded using outside sources like grants,
state funds, or private partnerships.
Goals
Stewardship
Strategy
Placemaking
Connectivity & Options
Safety & Health
4.B.a
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Pedestrian project is located in an activity center, next to a
transit stop, and/or serves a community destination.
Project includes pedestrian improvements,
like a sidewalk or crossing.
Project encourages taking modes other than driving to
maximize the eiciency of Kent's transportation system and
benefit the environment.
Expand and strengthen the multimodal network, specifically walking, biking and transit, to increase
options for those who have fewest opportunities.
Project includes roadway maintenance.
Project could be paid for by impact fees from developers.
Project is supported by community members.
Project is in an adopted City of Kent plan.
Project could be funded using outside sources like grants, state funds, or
private partnerships.
Project improves conditions for trucks and deliveries.
Project reduces overall cost to the City by removing or
re-striping roads or updating expensive infrastructure.
Performance Metrics (continued)Performance Metrics
Project reduces collision risk factors like speeding or inadequate lighting.
Project addresses safety at a location where many collisions have occurred.
Project adds trees, landscaping and benefits the environment.
Project creates a more welcoming environment by
including features like lighting, seating, art, etc.
Connectivity Options
Safety & Health
Strategy
Stewardship
Goals
Placemaking
Project expands options for taking
a variety of travel modes.
Project provides safety and access benefits for youth,
seniors, low-income households, limited-English
households, people with disabilities, and people of color.
Project closes a gap for walking and biking.
Project results in less roadway delay for vehicles.
Project makes biking safer/more
comfortable for people of all abilities.
Project provides opportunities to implement
smart signal or technology upgrades.
Connectivity & Options
4.B.a
Packet Pg. 36
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Project includes pedestrian improvements,
like a sidewalk or crossing.
Project includes roadway maintenance.
Project could be paid for by impact fees from developers.
Project is supported by community members.
Project is in an adopted City of Kent plan.
Project improves conditions for trucks and deliveries.
Project reduces overall cost to the City by removing or
re-striping roads or updating expensive infrastructure.Project closes a gap for walking and biking.
Project results in less roadway delay for vehicles.
Project creates a more welcoming environment by
including features like lighting, seating, art, etc.
Pedestrian project is located in an activity center, next to a
transit stop, and/or serves a community destination.
Project adds trees, landscaping
and benefits the environment.
Project addresses safety at a location where
many collisions have occurred.
Project makes biking safer/more
comfortable for people of all abilities.
Project reduces collision risk factors like
speeding or inadequate lighting.
Project expands options for taking
a variety of travel modes.
Project provides safety and access benefits for youth,
seniors, low-income households, limited-English
households, people with disabilities, and people of color.
Performance Metrics (continued)Performance Metrics
Project could be funded using outside sources like grants, state funds, or
private partnerships.
Project provides opportunities to implement smart signal or technology upgrades.
Project encourages taking modes other than driving to
maximize the eiciency of Kent's transportation system and
benefit the environment.
Promote community health by improving safety and by making walking, biking, and getting to transit
viable and comfortable alternatives to driving.
Connectivity & Options
Safety and Health
Strategy
Stewardship
Goals
Placemaking
Safety & Health
4.B.a
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Project includes pedestrian improvements,
like a sidewalk or crossing.
Project includes roadway maintenance.
Project could be paid for by impact fees from developers.
Project is supported by community members.
Project is in an adopted City of Kent plan.
Project improves conditions for trucks and deliveries.
Project encourages taking modes other than driving to maximize the eiciency
of Kent's transportation system and benefit the environment.
Project reduces overall cost to the City by removing or
re-striping roads or updating expensive infrastructure.Project closes a gap for walking and biking.
Project results in less roadway delay for vehicles.
Project creates a more welcoming environment by
including features like lighting, seating, art, etc.
Pedestrian project is located in an activity center, next to a
transit stop, and/or serves a community destination.
Project adds trees, landscaping
and benefits the environment.
Project expands options for taking
a variety of travel modes.
Project provides safety and access benefits for youth,
seniors, low-income households, limited-English
households, people with disabilities, and people of color.
Performance Metrics (continued)Performance Metrics
Project addresses safety at a location where many collisions have occurred.
Project makes biking safer/more comfortable for people of all abilities.
Project reduces collision risk factors like speeding or inadequate lighting.
Project provides opportunities to implement smart signal or technology upgrades.
Project could be funded using outside sources like grants, state funds, or
private partnerships.
Make investments that emphasize Kent as a welcoming place and enhance the
character of the community.
Connectivity & Options
Safety & Health
Strategy
Stewardship
Goals
PlacemakingPlacemaking
4.B.a
Packet Pg. 38
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Project encourages taking modes other than driving to
maximize the eiciency of Kent's transportation system and
benefit the environment.
Project includes pedestrian improvements, like a sidewalk or crossing.
Project includes roadway maintenance.
Project could be paid for by impact fees from developers.
Project is supported by community members.
Project is in an adopted City of Kent plan.
Project could be funded using outside sources like grants,
state funds, or private partnerships.
Project provides opportunities to implement
smart signal or technology upgrades.
Project improves conditions for trucks and deliveries.
Project reduces overall cost to the City by removing or
re-striping roads or updating expensive infrastructure.
Project results in less roadway delay for vehicles.
Project provides safety and access benefits for youth, seniors, low-income households,
limited-English households, people with disabilities, and people of color.
Performance Metrics (continued)Performance Metrics
Project addresses safety at a location where many collisions have occurred.
Project makes biking safer/more comfortable for people of all abilities.
Project adds trees, landscaping and benefits the environment.
Pedestrian project is located in an activity center, next to a
transit stop, and/or serves a community destination.
Project creates a more welcoming environment by
including features like lighting, seating, art, etc.
Project expands options for taking a variety of travel modes.
Project closes a gap for walking and biking.
Pursue grants, partnerships and technologies to maximize resources and find new eiciencies.
Connectivity & Options
Safety & Health
Strategy
Stewardship
Goals
Placemaking
Strategy
Project reduces collision risk factors like speeding or inadequate lighting.
4.B.a
Packet Pg. 39
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Project includes roadway maintenance.
Project could be paid for by impact fees from developers.
Project is supported by community members.
Project is in an adopted City of Kent plan.
Project improves conditions for trucks and deliveries.
Project encourages taking modes other than driving to maximize the eiciency
of Kent's transportation system and benefit the environment.
Project reduces overall cost to the City by removing or
re-striping roads or updating expensive infrastructure.Project closes a gap for walking and biking.
Project results in less roadway delay for vehicles.
Project adds trees, landscaping and benefits the environment.
Project addresses safety at a location where many collisions have occurred.
Project makes biking safer/more comfortable for people of all abilities.
Project provides safety and access benefits for youth,
seniors, low-income households, limited-English
households, people with disabilities, and people of color.
Performance Metrics (continued)Performance Metrics
Project includes pedestrian improvements, like a sidewalk or crossing.
Pedestrian project is located in an activity center, next to a
transit stop, and/or serves a community destination.
Project creates a more welcoming environment by
including features like lighting, seating, art, etc.
Project provides opportunities to implement smart signal or technology upgrades.
Project expands options for taking a variety of travel modes.
Project could be funded using outside sources like grants,
state funds, or private partnerships.
Maintain and improve what we have, and focus new investments on projects that have long term
community and economic benefits.
Connectivity & Options
Safety & Health
Strategy
Stewardship
Goals
Placemaking
Stewardship
Project reduces collision risk factors like speeding or inadequate lighting.
4.B.a
Packet Pg. 40
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 25, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Public Works Update - Green River Levees
SUMMARY:
Staff will provide an update on the Green River Levees, focusing on the storm event
of February 5 - 12, 2020.
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.
4.C
Packet Pg. 41
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 25, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Consultant Services Agreement with GeoEngineers, Inc., for
the Signature Pointe Levee - Authorize
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with GeoEngineers, Inc. in an amount not to exceed $812,670 for
preliminary design of the Signature Pointe Levee project, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
SUMMARY:
The Signature Pointe Levee is a non-accredited levee on the right-bank of the
Green River between Washington Avenue South and the Riverbend Golf Course
Driving Range. On February 18, 2020, the City Council approved an interlocal
agreement with the King County Flood Control District for real estate appraisals and
preliminary design. The District also approved this ILA at its Board of Supervisors
Meeting on February 11, 2020. This contract with GeoEngineers, Inc. is to prepare
the preliminary design as outlined in the ILA, which consists of plans, specifications,
and cost estimates to design a levee that provides 500-year level flood protection.
Through a Request for Qualifications process, which included a four-week
advertisement in the Seattle Times, Daily Journal of Commerce, and the City’s
website, staff selected GeoEngineers, Inc. Following completion of this preliminary
phase of design, a separate ILA with the District will be necessary to advance the
project to final design and construction.
BUDGET IMPACT: This contract will be paid for through funds provided through an
ILA with the King County Flood Control District.
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.
4.D
Packet Pg. 42
ATTACHMENTS:
1. Consultant Services Agreement with GeoEngineers, Inc (PDF)
4.D
Packet Pg. 43
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
GeoEngineers, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington,
located and doing business at 1101 S. Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383-
4940, Contact: Lyle Stone (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall provide 30% design services for the Signature Pointe Levee Project.
For a description, see the Consultant's Scope of Work which is attached as Exhibit A and
incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by December 31, 2020.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Eight Hundred Twelve Thousand, Six Hundred Seventy Dollars ($812,670), for the services
described in this Agreement. This is the maximum amount to be paid under this Agreement
for the work described in Section I above, and shall not be exceeded without the prior
written authorization of the City in the form of a negotiated and executed amendment to
this agreement. The Consultant agrees that the hourly or flat rate charged by it for its
services contracted for herein shall remain locked at the negotiated rate(s) for a period of
one (1) year from the effective date of this Agreement. The Consultant's billing rates shall
be as delineated in Exhibit B.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
4.D.a
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CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
4.D.a
Packet Pg. 45
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CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The 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 Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
4.D.a
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CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. 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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4.D.a
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CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
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.
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:
Lyle Stone
GeoEngineers, Inc.
1101 S. Fawcett Ave., Suite 200
Tacoma, WA 98402
(253) 383-4940 (telephone)
(253) 383-4923 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
GeoEngineers - Signature Pointe 3/Lincoln
4.D.a
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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: _________________________________________
4.D.a
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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.
4.D.a
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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: _________________________________________
4.D.a
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1101 South Fawcett Avenue, Suite 200
Tacoma, Washington 98402
253.383.4940
EXHIBIT A
SCOPE OF SERVICES
CITY OF KENT
30-PERCENT PS&E PACKAGE
SIGNATURE POINTE LEVEE
KENT, WASHINGTON
FEBRUARY 19, 2020
FILE NO. 0410-175-09
INTRODUCTION AND PROJECT UNDERSTANDING
The Signature Pointe Levee is located on the right bank of the Green River between the upstream end of
the Meyers Golf Levee and the downstream end of the Hawley Road Levee (River Mile [RM] 21.7 to 23.2).
It is part of a chain of Green River levees providing protection to the City of Kent (City). The City identified
deficiencies in this levee based on King County and federal standards including Federal Emergency
Management Administration (FEMA) and United States Army Corps of Engineers (USACE). The primary
deficiencies identified in the levee are an over-steepened riverward slope and lack of freeboard. Therefore,
the flood protection system needs to be raised and the river slopes need to be stabilized in order to reduce
flood risk to billions of dollars in infrastructure investments essential to the region’s economy.
In May 2019, GeoEngineers provided an alternatives analysis report prepared in cooperation with King
County Flood Control District (District) and the City. In this report, Alternative C was selected as the preferred
alternative based on scoring and selection criteria developed by the City and the District.
The purpose of this phase of the project is to advance the design of the selected Alternative (Alternative C)
to a 30-percent design level. All levee and flood control elements will be designed to USACE guidelines and
FEMA accreditation standards as appropriate.
We understand that the City intends to design the project in a way that reduces the possibility that a USACE
permit will be required. Accordingly, the design will be adjusted, where practical, to remain above estimated
ordinary high water (OHW). Also, per the alternatives analysis, slope protection and potentially rock
revetment might be required on the river bend located at about RM 22.85 to 22.95. This detail was added
late in the alternative analysis. As a result, only a rough cost estimate and written description of this was
included. Some additional analysis will be required to determine if this element is required.
Additional upland design work will also be required. This design work will focus on developing details that
will have impacts to other stakeholders and property owners. Specifically, the design of the area around
the State Route (SR) 516 bridge will be advanced so Washington State Department of Transportation
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City of Kent | February 19, 2020 Page 2
File No. 0410-175-09
(WSDOT) can review proposed improvements for a franchise agreement and trail/maintenance access
points will be advanced so that adjacent property owners can assess and discuss impacts.
Our services have been divided into tasks based on technical disciplines and also three Notices to Proceed
(NTPs). The first notice to proceed includes enough budget for all critical tasks to be started early in order
to meet project schedule. The second notice to proceed will be used as a budget management tool and
divides the project at a point where about half the schedule and 60 percent of the budget is complete. This
will allow the City a formal mid-point to review progress and make adjustments as necessary. To provide
the deliverables as currently scoped, both notices to proceed will be required. The third notice to proceed
includes contingency items that could be required to advance the design if some current assumptions are
not met. Depending on project outcomes, these items might not be required.
SCOPE OF SERVICES
Task 1 – Management and Coordination
Task Lead: Lyle Stone (GeoEngineers)
This task includes the effort required to manage, organize, and integrate the design team with the City and
to report project progress. Three subconsultants are included on the team. Northwest Hydraulic
Consultants, Inc. (NHC) will be retained to provide hydraulics and hydrology (H&H) support. KPFF Consulting
Engineers (KPFF) will be retained to provide roadway geometric design, utility design, stormwater design,
and structural engineering as needed. JA Brennan will be retained to provide input on park and trail
elements as needed to advance the design. Items that require each subconsultants’ input are noted in the
scope.
We anticipate and have budgeted for one hour coordination meetings held every two weeks (about twice
monthly). In these meetings we will share progress plans and seek direction from the City as appropriate.
The first coordination meeting will be held at the City offices with all key members of the design team. The
purpose of the first meeting will be to coordinate with the City’s design team and to receive initial comments
and direction.
Deliverables
■ Coordination meeting agenda and notes (twice monthly).
■ Invoices and Progress Reports (monthly).
■ Schedule updates (as needed).
■ Written scope changes (as needed).
Assumptions
■ City of Kent will have all comments on Alternative C consolidated and ready for discussion at the
time of the first coordination meeting.
■ City of Kent will lead coordination efforts with King County, WSDOT, and other local agencies as
required.
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City of Kent | February 19, 2020 Page 3
File No. 0410-175-09
■ Data, design assumptions, and analysis methods provided in the alternatives analysis will serve as
a Basis of Design. An additional Basis of Design Report is not included in this scope and is
anticipated to be provided at the 60-percent design level.
Task 2 – Hydraulics and Hydrology Support
Task Lead: Alex Anderson (NHC)
NHC will provide hydraulic and hydrology support for developing 30-percent level drawings and evaluating
the proposed development’s impact on existing water levels. Specific tasks includes the following:
■ Provide water surface elevations for the 2-year, 100-year, and 500-year design flows using existing
hydraulic models.
■ Evaluate selected alternative and identify portions of the proposed improvements that could have
upstream or downstream impacts to water levels or regulated flood plains.
■ Provide a scour assessment of the site based on bathymetric data (collected under separate
contract). The scour assessment will provide a recommended design scour elevation for use in
geotechnical analyses.
■ Review and use the existing hydraulic model of the floodplain to evaluate if floodway
encroachments or other levee modifications will effect regulated or unregulated design water
surface elevations.
Deliverables
■ Brief memorandum documenting water surface elevation impacts of the 30% design.
■ Brief memorandum documenting the scour potential throughout the project reach.
Assumptions
■ The 100-year water surface profile will utilize flows from the flood insurance study (FIS) and existing
condition levees. The 500-year water surface profile will utilize flows from a 2012 USACE study and
an assumed “full containment” levee system that prevents overtopping. No new calibration of the
existing models is required.
■ If HEC-RAS (in-channel) modeling indicates a water level impact, Flo2D modeling will also be
required due to the open connections to the floodplain within this reach. The budget assumes
modification of utilization of both models for assessing water level impacts.
■ Design of erosion and scour protection measures will likely entail modifications below the Ordinary
High Water Mark and an associated USACE permit. This design, if needed, will be addressed in a
separate scope of work.
■ Production of a CLOMR/LOMR deliverable package for FEMA, including revised floodplain
modeling, mapping, interior drainage analysis, and MT forms is not included in the base scope of
work.
4.D.a
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City of Kent | February 19, 2020 Page 4
File No. 0410-175-09
Task 3 – Civil Engineering
Task Lead: Steve Schmitz (KPFF)
Provide civil engineering to develop complete a 30-percent design of the levee and surrounding site
improvements. Design tasks include the following:
■ Roadway design of the SR 516 reach to establish horizontal and vertical alignment, roadway cross
section, and limits of reconstruction. The design of this section will be advanced to levels beyond
a traditional 30-percent level to provide details for WSDOT review.
■ Site design of trail and levee maintenance access.
■ Evaluation of potential impacts to private stormwater detention facilities along the proposed levee
alignment.
■ Development of conceptual construction access routes, detours, and contractor laydown yards.
Deliverables
■ Detailed survey request for City of Kent survey crews.
■ All Civil 30-Percent Design Development will be incorporated into 30-percent Design Drawings (as
noted below).
Assumptions
■ City of Kent will provide topographic and utility survey of site area sufficient for engineering design.
Contours will be shown at 1-foot intervals. AutoCAD basemap will also be provided.
■ Private storm drainage facilities are assumed to be detention only and that any impacts and
encroachments by the levee can be managed by maintaining the current volumes. If modifications
are required they will be addressed in follow design efforts.
■ Stormwater from new and replaced impervious surfaces will be managed through full dispersion to
adjacent vegetated areas. All other runoff will be routed to existing systems or managed on site
through the use of low impact design features such as rain gardens and pervious pavements where
appropriate. Stormwater modeling and development of a Technical Information Report (TIR) are
not included in this phase of the project.
Task 4 – Geotechnical Engineering and Analysis and Levee Certification
Task Lead: Lyle Stone (GeoEngineers)
The purpose of our geotechnical engineering services is to inform and support the design of the levee.
■ Review and compile existing subsurface explorations and develop a subsurface design profile. We
will review documents provided by the City of Kent and from our in-house files. We will also search
public records (WSDOT and King County) for data from adjacent roadway projects.
■ Advance up to eight subsurface explorations to depths of 70 feet. Explorations will be advanced
using mud-rotary drilling techniques. We will also develop a laboratory testing program, including
tests for moisture content, density, Atterberg Limits and particle-size distribution, as appropriate.
4.D.a
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City of Kent | February 19, 2020 Page 5
File No. 0410-175-09
■ Perform foundation stability and seepage analyses for earthen levees and global stability analyses
for structural floodwalls using the Seep/W and Slope/W computer programs. We will evaluate cross
sections under the conditions outlined in USACE EM 1110-2-1913 “Design and Construction of
Levees” and USACE EC 1110-2-6067 “USACE Process for the National Flood Insurance Program
(NFIP) Levee System Evaluation.” The design cases that will be evaluated include End of
Construction, Steady State Seepage during Full Flood Stage, Sudden Drawdown, and Seismic. We
anticipate the stability and seepage analysis will include an evaluation of 10 cross sections.
■ Perform a seismic deformation analysis of the levee system. We will evaluate potential seismic
deformations of the levee and floodwall system based on the results of the stability analysis and
using a simplified Newmark displacement analysis.
■ Perform a settlement analysis of the levee embankment that assesses the potential for settlement
of the levee to reduce freeboard over time. The settlement analysis will be based on methods from
the USACE EM 1110-1-1904 “Settlement Analysis” and standard local engineering practice.
Deliverables
■ Stability Analysis Report for SR 516 Reach
■ Levee Analysis and Design Report
Assumptions
■ Detailed seismic analysis such as a site-specific seismic analysis or finite difference numerical
modeling of seismic deformations will not be required.
Task 5 – Structural Engineering Services
Task Lead: Bruce Erickson (KPFF)
The purpose of our structural engineering services is to inform and support the design of the levee and
floodwalls.
■ Structural engineering to develop concrete wall and sheet pile I-Wall design. We will evaluate
floodwalls in accordance with FEMA and USACE requirements for floodwall design. We will evaluate
floodwalls for stability in accordance with USACE EM 1110-2-2502 “Retaining and Floodwalls”.
■ Structural engineering and detailing, as required, for the SR 516 reach. The design of this area will
be advanced to levels beyond a traditional 30-percent level to provide details for WSDOT review.
Deliverables
■ Structural Engineering Memorandum and/or calculation package for the SR 516 reach.
Assumptions
■ Structural detailing (design of steel reinforcing or connections) of floodwalls outside of the SR 516
reach will not be required for the 30-percent design.
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City of Kent | February 19, 2020 Page 6
File No. 0410-175-09
Task 6 – Habitat Design and Biological Services
Task Lead: David Conlin (GeoEngineers)
The purpose of this task is to document the location of the Ordinary High Water Mark (OHWM) and provide
additional information that will inform development of 30-percent Design level plans.
■ Identify the existing OHWM on the right bank throughout the project extent. The OHWM will be
based on the 2-year return interval flood elevations from the hydraulic model developed by NHC.
This information will be field-verified by spot checking at accessible locations along the bank to
confirm the OHWM is adequately represented by the 2-year flood elevation and/or update the
position of the OHWM based on field indicators. This information will be documented in a brief
stream delineation report identifying the methods used and results.
■ Provide an assessment of impacted vegetation on the landward side of the proposed levee. We will
identify trees and other vegetation that will need to be removed or trimmed for proposed
construction or for levee maintenance access in accordance with USACE ETL 1110—2-583
“Guidelines for Landscape Planting and Vegetation Management at Levees, Floodwalls,
Embankment Dams, and Appurtenant Structures”. Our assessment will locate and identify trees
that might be impacted based on proposed levee construction and access improvements. Trees
will be identified by species, size (diameter), and location.
■ Provide typical details for riparian plantings used as habitat mitigation through the project.
■ Provide design consultation with civil and hydrology/hydraulic design leads regarding incorporating
off-channel/floodplain habitat elements into site designs.
Deliverables
■ The OHWM delineation will be presented in a Stream Delineation Report and will be incorporated
into the project base map used for design.
■ 30-Percent Design Development will be incorporated into 30-percent Design Drawings (as noted
below)
Task 7 – Landscape Architecture Support
Task Lead: Drew Coombs (JA Brennan)
Along the project site, there are existing recreation areas and features such as parks, trails, and view
corridors. These facilities will be impacted as a result of the construction the levee improvements. The
purpose of this task is to advance the design of public access points along the Kent Valley Loop Trail that
runs along the Green River near the Signature Pointe Apartments. Design will be limited and will be focused
on maintaining functional trail and park geometries as the levee design is advanced. Key locations and
project elements include:
■ Driving Range – Trailhead signage and amenities, connection along the driving range to Meeker
Street, closing off dead-end street
■ Pointe Outlook – Landmark outlook area for views to Mt Rainier, respite from trail, integration with
habitat elements
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City of Kent | February 19, 2020 Page 7
File No. 0410-175-09
■ Terrace Connection – Trail seating as part of stone terrace, trail connections to nearby residents,
near apartment playground, trailhead signage and amenities
■ Pocket Park at Washington Avenue – Significant park and trailhead opportunity, parking off
251st Street, optimize trail alignment with site, amenities typical to neighborhood park
■ Trailheads and Trail Access -- Develop a consistent look and feel with access from the neighborhood
every 500 feet where possible (ADA not required at all access points), seating, Kent Valley Loop
Trail signage and markers, interpretive signage, and other trailhead amenities
■ Upland Landscape Plantings and Trail Amenities -- Levee corridor planting and restoration and
planting concept for the length of levee corridor improvements. Including plant restoration on
private stormwater facilities affected by the levee improvements.
■ Prepare schematic level cost estimate
■ Input to site furnishings locations the length of the levee corridor
■ Prepare image board to update program imagery developed in concept design work
Deliverables
■ Prepare two preliminary options for each park and trail head site. A total of two options for three
park sites and two options for three trail head sites.
■ Schematic Preferred Draft and Final design of all park and trail elements (hand sketches) – three
trail head sites and three parks sites.
■ Prepare kit of parts for trailhead entry and access points.
■ Prepare Preliminary Upland planting concept sheets.
■ 30-Percent Design Development will be incorporated into 30-percent Design Drawings (as noted
below)
Task 8 – Prepare 30-Percent Design Drawings
The purpose of this task is to further develop the selected alternative and advance the design to 30-percent
Design Drawings. We anticipate that this will include:
■ Developing a design basemap from survey data provided by City of Kent.
■ Updating levee alignment and stationing consistent with City protocols and advancement of the
design.
■ Updating typical cross sections.
■ Updating plan sheets from 1 inch = 40 feet scale to 1 inch = 20 feet scale and to include levee
profile.
■ Providing plan sheets indicating grading and paving of levee access points. Assume one for each
of the nine proposed access locations.
■ Providing plan sheets for roadway grading at SR 516.
■ Updating plan sheets with revised indications of vegetation impacts and impacts to trees within the
regulated shoreline.
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City of Kent | February 19, 2020 Page 8
File No. 0410-175-09
■ Preparing new plan sheets showing proposed typical riparian plantings for mitigation.
■ Preparing new plan sheets for park improvements at Washington Avenue. Park design work lead
by JA Brennan will be developed to a 30 percent design level. Plan sheets will include park grading,
park hardscape layout and design, planting layout and design, and associated detail sheets
prepared to a 30 percent design level.
Deliverables
■ 30-Percent Design Level Drawings
■ 30-Percent Design Level Specifications
■ 30-Percent Design Level Construction Cost Estimate
Assumptions
■ No permit drawings will be required beyond the 30-Percent Design Level Drawings.
■ Progress plans will be prepared as needed for review by City of Kent Project Manager and select
distribution and comment through City of Kent. Final deliverables will be for distribution to project
partners outside the City of Kent.
■ Upland planting and park or landscaping restoration plans will not be included in the 30-percent
design set. We anticipate these will be added with detail in a 60-percent design set.
Task 9 – Contingency
The purpose of this task is to provide a budget placeholder for services that might be required to advance
the design. It will not be known until initial design and investigation is begun if these will be required. These
tasks will not be initiated without first discussing the need for these services with the City project manager
and receiving their written approval and authorization (via electronic mail or other appropriate
communication). We anticipate that additional services could include the following:
■ Additional effort addressing design changes or comments provided by City of Kent, King County, or
WSDOT.
■ Additional hydraulic modeling to account for potential upstream or downstream impacts, impacts
to existing interior drainage analyses completed for adjacent levee systems, or impacts to
floodplain mapping for adjacent levee systems.
■ Design of major stormwater modifications to existing stormwater management facilities. This could
be required if the above stated assumptions on stormwater are not met.
■ Design of major utility relocations.
GENERAL PROJECT ASSUMPTIONS
■ We anticipate the project duration will be about 26 weeks from receiving authorization to proceed
and a signed agreement to producing 30-percent design plans. The proposed schedule is attached
as Exhibit C. Please note critical milestones and the duration of tasks assigned to City of Kent. We
can discuss modifying this schedule if needed.
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City of Kent | February 19, 2020 Page 9
File No. 0410-175-09
■ The following items are not included in our scope. The City is responsible for the following project
elements, as needed:
Public outreach and coordination.
Permitting including preparation of a Biological Assessment.
Cultural resource evaluations.
Topographic and utility survey.
Boundary surveys and procurement of title reports.
Coordination and negotiation of right-of-way (ROW), temporary construction easements, and
permanent easements.
Design of South 251st Roadway Realignment as shown in Alternative C.
Design of Washington Avenue Pump Station relocation as shown in Alternative C.
■ The level of effort for each task of work is limited to the amount of labor and expenses indicated in
Exhibit B. These costs are itemized to aid in project tracking. The budget may be transferred
between tasks, provided the total contract amount is not exceeded. Additional services beyond
these limits and this scope will be considered an additional service.
■ We understand that our services can be terminated at any time. If this occurs, we will only expend
the additional effort required to organize our files so that the project can be efficiently resumed
later and to invoice for the effort completed.
■ The City’s project manager has authority to approve scope and schedule modifications.
LJS:tt
Attachments:
Exhibit B Fee Estimate
Exhibit C Project Schedule
Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy
of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record.
4.D.a
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Administration
Principal
(Ken Fellows, and
discipline specific
reviewers)
Associate (Lyle
Stone)
Staff 3
Geotechnical
Engineer (Corey
Hamil)
Staff 2
Geotechnical
Engineer
(Various)
Senior Biologist
(David Conlin)
Biologist 1
(Adam Wright)
CAD (Chad
Stickel)
CAD Designer
(Haunani
Mara)
Support
(Various)
Includes GIS
Rate Rate Rate Rate Rate Rate Rate Rate Rate
$260 $240 $161 $142 $207 $179 $132 $122 $108
Task Description Hours Hours Hours Hours Hours Hours Hours Hours Hours
1.0 Project Management and Team Coordination
Coordination with Team and City 25 26 12 135 $21,689 198 $33,171
Team Meetings, Including Agenda and Minutes 46 48 4 39 141 $24,035 278 $47,843
Task Estimated Fee $81,014
2.0 Hydraulic Analysis
River Modeling (NHC)22 160 $33,580 164 $34,382
Scour Assessment (NHC)22 48 $9,384 52 $10,186
Documentation (NHC)4 128 $25,208 132 $26,168
Task Estimated Fee $70,736
3.0 Civil Engineering
SR 516 Roadway Design (KPFF)22 4 402 $54,372 410 $55,702
Trail Access and Levee Maintenance Access (KPFF) 2 2 4 200 $27,370 208 $28,700
Detours and Construction Access (KPFF) 2 2 4 110 $15,295 118 $16,625
Task Estimated Fee $101,027
4.0 Levee Stability Analysis
Review Existing Data/ Drilling 41280 12 108 $15,548
Drilling Sub and Laboratory $36,237
Seepage and Stability Analysis 16 96 24 8 144 $23,680
Seismic Deformation Analysis 516 21 $3,776
Settlement Analysis 212 14 $2,412
Documentation 30 32 24 20 106 $17,920
Task Estimated Fee $99,573
5.0 Structural Engineering
SR 516 Design and Detailing (KPFF)78 $11,951 78 $11,951
Floodwall Preliminary Design (KPFF) 12 20 20 38 $5,833 90 $14,773
Task Estimated Fee $26,724
6.0 Habitat Design and Biological Services
Check/Delineate OHWM 3 2 20 32 2 8 4 0 $0 71 $12,800
Identify Upland Vegetation Impacts 1 8 12 6 2 0 $0 29 $5,672
30-Percent Plan Support 4 4 22 32 4 8 4 0 $0 78 $14,218
Task Estimated Fee $32,690
7.0 Landscape Architecture Support
Park and Trail Concept Development (JAB) 2 2 4 339 $41,539 347 $42,829
Washington Ave 30-Percent Plan Development (JAB) 2 2 4 203 $25,300 211 $26,630
Task Estimated Fee $69,459
8.0 Levee 30 Percent Design
Integrate City Survey and Develop Basemap 16 80 0 $0 96 $11,872
Develop Levee Alignment and Stationing 12 20 8 40 0 $0 80 $12,036
Layout Levee and Floodwall Grading 72 180 48 240 0 $0 540 $81,876
Consolidate 30% Design Drawings 12 24 40 24 80 0 $0 180 $28,248
Prepare 30% Design Level Construction Specifications 2 8 8 10 $1,392 28 $5,120
Prepare 30% Design Level Estimate of Construction Costs 16 24 8 8 56 $7,774 112 $17,510
Task Estimated Fee $156,662
9.0 Contingency
GeoEngineers 4 60 109 29 11 12 26 95 18 0 $0 364 $58,498
KPFF 228 $30,751 228 $30,751
NHC 384 $69,897 384 $69,897
JAB 123 $15,640 123 $15,640
Task Estimated Fee $174,786
Total Labor (GeoEngineers) 26 364 657 177 69 76 158 571 111 2,209 $355,424
GeoEngineers Direct Expenses $36,237
Subconsultants 2,783 $421,009
Total Estimated Fee $812,670
NTP 1 $382,730
NTP 2 $255,154
NTP 3 $174,786
Exhibit B: Fee Estimate
Project Management and Technical
Oversight Civil Engineers and DesignersBiological Sciences and PermittingGeotechnical Engineers
Sub Consultant
Hours
Sub Consultant
Fee Total Hours Fee
Estimate
Signature Pointe Levee; 30-Percent PS&E
Kent, Washington
File No. 0410-175-09
Exhibit B Fee Estimate | February 19, 2020
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ID Task Name Duration Start Finish
1 City of Kent Reviews and Milestones 58 days Wed 1/29/20 Fri 4/17/20
2 Notice to Proceed 0 days Mon 3/16/20 Mon 3/16/20
3 Topographic and Design Survey 6 wks Wed 1/29/20 Tue 3/10/20
4 Kick‐Off Meeting (Schedule and Follow up)1 wk Mon 3/16/20 Fri 3/20/20
5 Provide River Bend Driving Range Concepts/Plan1 wk Wed 4/1/20 Tue 4/7/20
6 Provide S 251st Alignment 1 wk Mon 3/23/20 Fri 3/27/20
7 Review/Select Wa Park Concepts 2 wks Mon 4/6/20 Fri 4/17/20
8 Plans, Specifications, and Estimates (30%)153 days Wed 1/22/20 Mon 8/24/20
9 Provide Survey Request 1 wk Wed 1/22/20 Tue 1/28/20
10 Develop Basemap from Survey 2 wks Mon 3/16/20 Fri 3/27/20
11 Levee Alignment and Stationing 2 wks Mon 3/30/20 Fri 4/10/20
12 Layout Levee and Floodwall Grading 12 wks Mon 4/13/20 Mon 7/6/20
13 Plan Assembly and Cross Check Produce 30%5 wks Tue 7/7/20 Mon 8/10/20
14 Specifications 1 wk Tue 8/18/20 Mon 8/24/20
15 Cost Estimate 1 wk Tue 8/4/20 Mon 8/10/20
16 Hydraulic Analysis 80 days Mon 3/16/20 Mon 7/6/20
17 Bathymetric Survey 1 wk Mon 3/16/20 Fri 3/20/20
18 Scour Analysis 3 wks Mon 3/23/20 Fri 4/10/20
19 River Modeling 8 wks Mon 4/13/20 Fri 6/5/20
20 Documentation 4 wks Mon 6/8/20 Mon 7/6/20
21 Landscape Architecture 60 days Mon 3/16/20 Fri 6/5/20
22 Preliminary Park Concepts 5 wks Mon 3/16/20 Fri 4/17/20
23 Washington Ave Concepts 3 wks Mon 3/16/20 Fri 4/3/20
24 Washington Ave 30% Sheets 7 wks Mon 4/20/20 Fri 6/5/20
25 Geotechnical 100 days Mon 3/16/20 Mon 8/3/20
26 Subsurface Explorations 4 wks Mon 3/16/20 Fri 4/10/20
27 Wall Analysis and Parameters 2 wks Mon 4/13/20 Fri 4/24/20
28 Seepage and Stability 6 wks Mon 5/25/20 Mon 7/6/20
29 Design Report 4 wks Tue 7/7/20 Mon 8/3/20
30 Civil Engineering 100 days Mon 3/30/20 Mon 8/17/20
31 SR 516 Roadway Alignment 10 wks Mon 3/30/20 Fri 6/5/20
32 Trail and Maintenance Access 7 wks Mon 4/13/20 Fri 5/29/20
33 Detours and Construction Access 6 wks Tue 7/7/20 Mon 8/17/20
34 Structural Engineering (30%)40 days Mon 5/11/20 Mon 7/6/20
35 Conc Walls SR 516 4 wks Mon 5/11/20 Fri 6/5/20
36 Levee Walls 3 wks Mon 6/15/20 Mon 7/6/20
37 Biological / Permitting 40 days Mon 3/16/20 Fri 5/8/20
38 OHW Delineation 3 wks Mon 3/16/20 Fri 4/3/20
39 Upland Tree Impacts 1 wk Mon 3/16/20 Fri 3/20/20
40 General Riparian Planting Plans 4 wks Mon 4/13/20 Fri 5/8/20
41 Plans and Specifications (60%)60 days Tue 8/25/20 Mon 11/16/20
44 Plans and Specifications (90%)70 days Tue 11/17/20 Mon 3/15/21
47 Plans and Specifications (100%)30 days Tue 3/16/21 Mon 4/26/21
50 Final Bid Set and Award 20 days Tue 4/27/21 Mon 5/24/21
3/16
City of Kent Survey
City of Kent Public Works,GeoEngineers Geotech,JA Brennan,KPFF Civil Design,NHC Hydraulic
City of Kent Parks
City of Kent Public Works
City of Kent Parks
KPFF Civil Design,GeoEngineers Design
GeoEngineers Design
GeoEngineers Design
GeoEngineers Design
GeoEnginee
Geo
GeoEnginee
NHC Hydraulic Modeling
NHC Hydraulic Modeling
NHC Hydraulic Modeling
NHC Hydraulic Modeling
JA Brennan
JA Brennan
JA Brennan
GeoEngineers Geotech
GeoEngineers Geotech
GeoEngineers Geotech
GeoEngineers G
KPFF Civil Design
KPFF Civil Design
KPFF Ci
KPFF Structural
KPFF Structural
GeoEngineers Biologists
GeoEngineers Biologists
GeoEngineers Biologists
Feb Mar Apr May Jun Jul Aug
Qtr 2, 2020 Qtr 3, 2020
Page 1
EXHIBIT C 4.D.a
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ID Task Name Duration Start Finish
1 City of Kent Reviews and Milestones 58 days Wed 1/29/20 Fri 4/17/20
8 Plans, Specifications, and Estimates (30%)153 days Wed 1/22/20 Mon 8/24/20
16 Hydraulic Analysis 80 days Mon 3/16/20 Mon 7/6/20
21 Landscape Architecture 60 days Mon 3/16/20 Fri 6/5/20
25 Geotechnical 100 days Mon 3/16/20 Mon 8/3/20
30 Civil Engineering 100 days Mon 3/30/20 Mon 8/17/20
34 Structural Engineering (30%)40 days Mon 5/11/20 Mon 7/6/20
37 Biological / Permitting 40 days Mon 3/16/20 Fri 5/8/20
41 Plans and Specifications (60%)60 days Tue 8/25/20 Mon 11/16/20
44 Plans and Specifications (90%)70 days Tue 11/17/20 Mon 3/15/21
47 Plans and Specifications (100%)30 days Tue 3/16/21 Mon 4/26/21
50 Final Bid Set and Award 20 days Tue 4/27/21 Mon 5/24/21
Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May
1, 2020 Qtr 2, 2020 Qtr 3, 2020 Qtr 4, 2020 Qtr 1, 2021 Qtr 2, 202
Page 1
4.D.a
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EXHIBIT D 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 Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 11 85. 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 $3,000,000 each occurrence, $3,000,000 general
aggregate.
4.D.a
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EXHIBIT D (Continued)
3. Professional Liability insurance shall be written with limits no less
than $3,000,000 per claim and $3,000,000 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 Consultant 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.
4.D.a
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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: February 25, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Economic and Community Development Report -
The Bridges
SUMMARY:
Deputy Economic and Community Development Director, Matt Gilbert, will update
the Council on The Bridges neighborhood.
4.E
Packet Pg. 66
FINANCE DEPARTMENT
Paula Painter, Finance Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: February 25, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Payment of Bills - Authorize
MOTION: Approve the Payment of Bills.
SUMMARY:
BUDGET IMPACT:
4.F
Packet Pg. 67
HUMAN RESOURCES DEPARTMENT
Teri Smith, Human Resources Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5270
DATE: February 25, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Amendment to Lifewise Assurance Company Contract for
Medical Stop Loss Insurance - Authorize
MOTION: Recommend Council authorize the Mayor to sign Amendment No.
11 to the City’s contract for stop loss insurance with LifeWise Assurance
Company for one year, subject to approval of final terms and conditions
acceptable to the Human Resources Director and City Attorney.
SUMMARY: The City offers self-insured medical plans that are administered
through Premera Blue Cross. All City employees and their dependents that are
enrolled in the City’s self-insured medical program are covered under a stop loss
insurance policy.
This stop loss policy provides added coverage to the City for individual medical
claims exceeding $200,000 per employee or dependent for each calendar year. All
medical costs exceeding $200,000 per enrollee per year will be reimbursed to the
City under this policy. We received $820,000 in stop loss reimbursements in 2019
which exceeded the premiums paid in 2019 for this policy.
The City of Kent contracts with LifeWise Assurance Company for individual and
aggregate stop loss insurance coverage. The best offer received for 2020 was from
LifeWise with a 25.74% increase. This rate factors in the discount provided by
Premera on the stop loss integration fee.
BUDGET IMPACT: The cost of the City’s stop loss insurance is budgeted in the
Health & Wellness fund. The cost of this one-year contract is $1,006,764.
SUPPORTS STRATEGIC PLAN GOAL:
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. LifeWise Contract Amendment 2020 (PDF)
4.G
Packet Pg. 68
PSL-500 WA AM (9-18) Amendment
AMENDMENT NO. 11
To be attached to and made part of Policy WA 518212 issued to City of Kent as Policyholder.
Effective January 1, 2020, it is hereby agreed the Policy shall be amended as follows:
Stop Loss Policy No. WA 518212-9999 is hereby amended by terminating the policy issued
January 1, 2010 and issuing the attached Stop Loss Policy No. WA 518212.
The Policy Number has been changed from WA 518212-9999 to WA 518212.
Section 1, Declarations includes the terms of the January, 2020 renewal.
All other terms and conditions of the contract remain unchanged.
LifeWise Assurance Company
Name and Title of Officer
Signature of Officer
Michael L. Krutt
President
Date of Signature LifeWise Assurance Company
1. Sign and return copy to LifeWise Assurance Company.
2. Retain copy with Your Policy.
4.G.a
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PSL-500 WA (9-18) Stop Loss Policy
LifeWise Assurance Company
7001 – 220th St S.W.
Mountlake Terrace, WA 98043-2124
STOP LOSS INSURANCE POLICY
LifeWise Assurance Company (herein “We”, “Our”, and “Us”) agrees to pay the policyholder (herein “You”
and “Your”) benefits provided by this Policy, in accordance with the provisions of this Policy.
POLICY NUMBER WA 518212
POLICYHOLDER City of Kent
INITIAL EFFECTIVE DATE January 1, 2010
INITIAL POLICY TERM January 1, 2010 through December 31, 2010
GOVERNING JURISDICTION The policy is issued, delivered and governed by the laws
of the state of Washington.
The consideration for this Policy is Your Application and the payment of premiums as provided herein.
This Policy provides benefits to You when Eligible Losses exceed levels defined in this Policy. The
benefits of this Policy and the terms and conditions that apply to this Policy are explained herein.
This Policy begins at 12:01 AM Local Time on the first day of the Initial Policy Term and ends at 11:59 PM
Local Time on the last day of the Initial Policy Term, and may be renewed for subsequent Policy Terms.
If this Policy is renewed, the terms and conditions of this coverage may be revised.
All provisions on this and the following pages are a part of this Policy. Defined terms are printed with an
initial capital letter and the definitions apply whenever the terms appear capitalized within this Policy.
LifeWise Assurance Company
by
Michael L. Krutt
President
LifeWise Assurance Company
This is a Non-Participating Plan of Coverage
Stop Loss Policy
4.G.a
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PSL-500 WA (9-18)
TABLE OF CONTENTS
Effective January 1, 2020
Section 1. Declarations ............................................................................................................................. 1
Section 2. Definitions ................................................................................................................................ 4
Section 3. Benefits .................................................................................................................................... 7
Section 4. Exclusions and Limitations ....................................................................................................... 8
Section 5. Claim Administrator .................................................................................................................. 8
Section 6. Claim Provisions ...................................................................................................................... 8
Section 7. Material Changes ..................................................................................................................... 9
Section 8. Termination and Renewal ........................................................................................................ 9
Section 9. Premiums ............................................................................................................................... 10
Section 10. General Provisions ................................................................................................................. 11
Section 11. Records and Reports ............................................................................................................. 12
Section 12. Liability and Indemnification ................................................................................................... 13
Section 13. Entire Contract, Changes ....................................................................................................... 13
Section 14. Incontestable Clause ............................................................................................................. 13
Section 15. Legal Actions.......................................................................................................................... 13
Section 16. Insolvency .............................................................................................................................. 13
Section 17. Assignment ............................................................................................................................ 13
Specific Advance Funding Rider ................................................................................................................. 14
4.G.a
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PSL-500 WA (9-18) 1
This Declarations for Policy Number WA 518212 apply to the Policy Term January 1, 2020 through
December 31, 2020 in its entirety.
SECTION 1 – DECLARATIONS
A. POLICY INFORMATION
1. Policy Number WA 518212
2. Policyholder City of Kent
3. Policy Term January 1, 2020 through December 31, 2020
4. Covered Underlying Plan City of Kent’s Health Plan
5. Claim Administrator Premera Blue Cross
B. SPECIFIC BENEFIT SCHEDULE
For all Eligible Losses except those to which a Special Risk Limitation applies:
1. Covered Loss Basis
Covered Services Incurred from January 1, 2010 through December 31, 2020 and Paid from
January 1, 2020 through December 31, 2020.
If an Eligible Claim Expense is denied by the Covered Underlying Plan and that denial is
subsequently reversed by an Independent Review Organization (IRO), the date such Eligible
Claim Expense was originally denied by the Covered Underlying Plan will be considered the
“Paid” date under the above referenced Policy.
2. Covered Services include
Medical
Prescription Drug
3. Number of Covered Units
Composite 719
4. Specific Deductible per Participant $200,000
(Please note: Specific deductible per Participant shall exceed the lesser of 5% of expected
claims or $100,000).
5. Specific Payable Percentage (in excess of Specific Deductible) 100%
6. Maximum Specific Benefit in excess of the Specific Deductible
Per Policy Term Unlimited
Per Lifetime Unlimited
4.G.a
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PSL-500 WA (9-18) 2
C. AGGREGATE BENEFIT SCHEDULE
For all Eligible Losses except those to which a Special Risk Limitation applies:
1. Covered Loss Basis
Covered Services Incurred from January 1, 2010 through December 31, 2020 and Paid from
January 1, 2020 through December 31, 2020.
If an Eligible Claim Expense is denied by the Covered Underlying Plan and that denial is
subsequently reversed by an Independent Review Organization (IRO), the date such Eligible
Claim Expense was originally denied by the Covered Underlying Plan will be considered the
“Paid” date under the above referenced Policy.
2. Covered Services include
Medical
Prescription Drug
3. Number of Covered Units
Composite
4. Aggregate Payable Percentage in excess of Deductible 100%
5. Aggregate Corridor 200%
(Please note: Aggregate Corridor will never be less than 120% of expected claims).
6. Minimum Aggregate Deductible
The greater of:
A. $23,751,858; or
B. The sum of Aggregate Monthly Factors, multiplied by the corresponding number of
Covered Units used to calculate premium in the first month of the Policy Term, multiplied
by the number of months in the Policy Term, multiplied by 95%.
7. Annual Aggregate Deductible
Is equal to the greater of A or B, where:
A = The sum of the Monthly Aggregate Deductible Amounts applicable to each Policy Month
in the Policy Term
B = The Minimum Aggregate Deductible
Please Note: Annual Aggregate Deductible cannot be finalized until the Monthly Aggregate
Deductible Amounts are calculated for each Policy Month of the Policy Term.
8. Aggregate Monthly Factor per Covered Unit
Composite $2,752.88
9. Maximum Aggregate Eligible Loss per Participant $200,000
10. Maximum Aggregate Benefit per Policy Term $1,000,000
4.G.a
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PSL-500 WA (9-18) 3
D. PREMIUM
Specific Monthly Premium Rate
Composite $115.70
Specific Rate Guarantee Period 12 Months
Aggregate Monthly Premium Rate Per Covered Unit
Composite $0.02
Aggregate Rate Guarantee Period 12 Months
The Specific Monthly Premium Rate and the Aggregate Monthly Premium Rate apply only to this
Policy Term.
E. SPECIAL RISK LIMITATIONS
Disabled / hospital confined, actively at work, activity of daily `
living, cognitively impaired, or similar requirements waived Yes
Retirees Included Yes
Other: None
F. AFFILIATE
Name Covered Underlying Plan
None
4.G.a
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PSL-500 WA (9-18) 4
SECTION 2 – DEFINITIONS
Any term defined below includes both the singular and plural version of the term.
AFFILIATE means a company that is a subsidiary of, affiliated with, or controlled by You or an employer
in a Multiple Employer Welfare Arrangement. Eligible Affiliates are shown in the Declarations. Additions
and terminations may only be made by amendment to this Policy. Termination of an Affiliate terminates
coverage for that company only.
AGENT means Your representative, including but not limited to, the agent/broker, producer of record, or
Claim Administrator.
AGGREGATE CORRIDOR the ratio of the expected Annual Aggregate Deductible divided by the
expected Eligible Losses (up to the Maximum Aggregate Eligible Loss) for all Covered Units. The
Aggregate Corridor for the Policy Term is expressed as a percentage. It will never be less than 120% of
expected claims. The Aggregate Corridor is shown in the Declarations.
AGGREGATE BENEFIT means a benefit that is provided by Us when Eligible Losses, up to the
Maximum Aggregate Eligible Loss for all Covered Units, exceed the Annual Aggregate Deductible shown
in the Declarations.
AGGREGATE MONTHLY FACTOR means the amount shown in the Declarations.
AGGREGATE PAYABLE PERCENTAGE means the percent of Eligible Losses in excess of the Annual
Aggregate Deductible that are payable to You. The Aggregate Payable Percentage is shown in the
Declarations.
ANNUAL AGGREGATE DEDUCTIBLE means the amount You must satisfy during the Policy Term for
all Covered Units before an Aggregate Benefit is due.
This amount cannot be finalized until the Policy Term ends and is based on the formula shown in the
Declarations.
APPLICATION means the written request from Your authorized representative(s) for insurance. Such
request must be provided on a form acceptable to Us.
ATTACHMENT POINT means the amount You must satisfy before any benefit is due under this Policy.
CLAIM ADMINISTRATOR means the party designated by You and approved by Us to pay Plan benefits.
The Claim Administrator is shown in the Declarations.
COVERED LOSS BASIS means the time period shown in the Declarations during which a Covered
Service must be Incurred and the time period during which a Covered Service must be Paid by You in the
Policy Term.
COVERED SERVICE means a service, supply or treatment incurred by a Participant for which benefits
are payable through the Covered Underlying Plan.
COVERED UNDERLYING PLAN means Your employee benefit plan for Your or Your Affiliates’
employees, associates or members and their dependents. This term does not include any employee
benefit plan not identified as a Covered Underlying Plan in this Policy, and does not include items
excluded under Special Risk Limitations.
4.G.a
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PSL-500 WA (9-18) 5
COVERED UNIT means a group of one or more Participants composed of one or more of the following
types of Covered Units:
Employee Only
Employee plus Spouse
Employee plus Child(ren)
Employee plus Spouse and Child(ren)
Composite
The number of Covered Units is used to calculate the premium due each month. The estimated number
and type of Covered Units for the first Policy Month of the Policy Term is shown under Number of
Covered Units in the Declarations.
DEDUCTIBLE means the Attachment Point for each of the following: Specific Deductible, Aggregating
Specific Deductible, if applicable, and Annual Aggregate Deductible, as shown in Declarations. Each of
these terms is defined separately under this Policy.
ELIGIBLE LOSS means an expense for a Covered Service that is Incurred and Paid within the Covered
Loss Basis of this Policy. Eligible Loss does not include expenses:
1. Not specifically included under the Covered Underlying Plan;
2. Excluded under the Covered Underlying Plan; or
3. Excluded under the Policy.
Eligible Loss may include applicable surcharges assessed by state and/or federal rules, laws, or
regulations as approved by Us.
EXCLUDED LOSS means expenses for services, supplies and treatment related to any injury or sickness
described in Special Risk Limitations or the Exclusions and Limitations of the Policy.
INCURRED means the date a Participant receives a Covered Service. In the case of an inpatient
confinement at an inpatient facility, the Incurred date is the original admission date and all Covered
Services performed during that admission including a subsequent transfer and receipt of Covered
Services at another institution revert back to the original admission date for the purposes of determining
the Incurred date under this Policy.
INDEPENDENT REVIEW ORGANIZATION (IRO) means the organization for external review as required
under the external review process of the Patient Protection and Affordable Care Act.
LOCAL TIME means the time of day at Your headquarters.
MATERIAL CHANGE means an action that may have an economic impact on Our liability under this
Policy. Material Changes include, but are not limited to, the following:
1. Changes in:
a. The information submitted by You upon which Our assessment of risk was based;
b. The Covered Underlying Plan;
c. The provider network(s) or medical management vendor(s) utilized by Your plan; or
d. The Claim Administrator.
2. An increase or decrease in Covered Units of more than 10% from the Initial Effective Date of this
Policy or the date of the last Policy Anniversary;
3. A merger, acquisition, divestiture or similar transaction involving You;
4. A bankruptcy proceeding involving You or an Affiliate;
5. Any other change in factors bearing on the risk assumed by Us, including but not limited to, the age,
sex, geographic location and occupation of a Participant;
6. A change in law or legislation that changes the nature of the risk We assume under this Policy;
7. A change in taxes or assessments that increase Our costs under this Policy; or
8. Any change in the Covered Underlying Plan required by state or federal law.
4.G.a
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PSL-500 WA (9-18) 6
MAXIMUM AGGREGATE BENEFIT means the maximum amount We will pay for the Aggregate Benefit
in the Policy Term. The Maximum Aggregate Benefit is shown in the Declarations.
MAXIMUM AGGREGATE ELIGIBLE LOSSES means the maximum amount of Eligible Losses from any
Participant that may be used in determining the Aggregate Benefit. In no event will Maximum Aggregate
Eligible Losses exceed the Specific Deductible. Maximum Aggregate Eligible Loss is shown in the
Declarations.
MAXIMUM SPECIFIC BENEFIT means the maximum amount We will pay per Participant for the Specific
Benefit. The Maximum Specific Benefit is shown in the Declarations.
MINIMUM AGGREGATE DEDUCTIBLE means the minimum amount You must satisfy before Aggregate
Benefits become payable. The Minimum Aggregate Deductible is shown in the Declarations.
MONTHLY AGGREGATE DEDUCTIBLE AMOUNT means the amount You must satisfy before
Aggregate Benefit become payable. The Monthly Aggregate Deductible Amount is based on the Monthly
Factors shown in the Declarations and the number of Covered Units reported on the first day of each
Policy Month.
PAID means Covered Services that have been adjudicated and approved by You or the Claim
Administrator during the Policy Term; provided, however that
1. A check, draft or credit transaction has been issued by You or the Claim Administrator and deposited
in the U.S. Mail (or other similar conveyance), or is otherwise delivered to the payee electronically or
in person; and
2. Sufficient funds are on deposit when the check or draft is actually issued to permit the check or draft
to be honored; or a sufficient line of credit actually exists to honor the check, draft or transaction.
A Covered Service will not be considered Paid until all of these conditions are satisfied. A draft or check
returned to You or the Claim Administrator for any reason, or any credit transaction not honored by the
payee for any reason, will not be considered Paid. For purposes of this definition, “payee” means a
Participant that received the Covered Service or the healthcare provider that delivered the Covered
Service to the Participant.
PARTICIPANT means Your employee, associate or member, or the dependents of such persons
participating under the Covered Underlying Plan.
POLICY means this Stop Loss contract between You and Us.
POLICY ANNIVERSARY means each anniversary of the Initial Effective Date, unless changed by
agreement between You and Us.
POLICY MONTH means periods of time beginning on the Initial Effective Date of this Policy and
continuing until the same date of each subsequent month. If there is no such day in any applicable
month, then the last day of the month will be used.
POLICY TERM means the period of time shown in the Declarations and is the period of time from the
Initial Effective Date of the policy to the date of the first Policy Anniversary or any subsequent renewal
period after the first Policy Anniversary.
POLICYHOLDER means You, as shown on the cover page of this Policy.
PREMIUM DUE DATE means the Initial Effective Date of this Policy and the fifteenth day of each
subsequent Policy Month.
SPECIAL RISK LIMITATION means any modification of the terms or conditions of this Policy.
SPECIFIC BENEFIT means a benefit that is provided by Us when Eligible Losses for a Participant
exceed the Specific Deductible shown in the Declarations.
4.G.a
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PSL-500 WA (9-18) 7
SPECIFIC DEDUCTIBLE means the amount You must satisfy before any Specific Benefit is due. The
Specific Deductible is shown in the Declarations.
SPECIFIC PAYABLE PERCENTAGE means the percent of Eligible Losses in excess of the Specific
Deductible that are payable to You. The Specific Payable Percentage is shown in the Declarations.
STOP LOSS INSURANCE means the coverage defined by this Policy.
SECTION 3 – BENEFITS
Benefits under this Policy will only be paid by Us based on Eligible Losses which exceed Policy
Deductibles. The Specific Benefit Schedule, Aggregate Benefit Schedule and Policy Term are shown in
the Declarations.
A. SPECIFIC BENEFIT
We will pay Specific Benefits in accordance with the terms of settlement mutually agreed upon by
You and Us based on the terms of this Policy.
The Specific Benefit payable will equal the Eligible Losses for any Participant less A, less B, where:
A = The Specific Deductible
B = Amounts later recovered or recoverable under any provision of this Policy or the Covered
Underlying Plan,
Multiplied by the Specific Payable Percentage.
We will pay Specific Benefits as they become due, subject to terms and conditions of this Policy.
In no event will the Specific Benefit exceed the Maximum Specific Benefit.
B. AGGREGATE BENEFIT
We will pay Aggregate Benefits in accordance with the terms of settlement mutually agreed upon by
You and Us based on the terms of this Policy.
The Aggregate Benefit payable will equal Eligible Losses less A, less B, less C, where:
A = The Annual Aggregate Deductible for the Policy Term
B = Amounts in excess of the Maximum Aggregate Eligible Loss per Participant
C = Amounts later recovered or recoverable under any provision of this Policy or the Covered
Underlying Plan,
Multiplied by the Aggregate Payable Percentage.
We will pay Aggregate Benefits at the end of the Policy Term, subject to the terms and conditions of
this Policy.
In no event will Aggregate Benefits exceed the Maximum Aggregate Benefit for the Policy Term as
shown in the Declarations.
4.G.a
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PSL-500 WA (9-18) 8
SECTION 4 – EXCLUSIONS AND LIMITATIONS
No Deductible of this Policy will be satisfied and no benefit of this Policy will be paid for:
1. COVERED UNDERLYING PLAN: Any expense Incurred:
a. When the Covered Underlying Plan is not in effect;
b. By a person who is not a Participant when the expense is Incurred;
c. That You are not required to pay under the terms of the Covered Underlying Plan; or
d. Prior to the beginning Incurred date of the Covered Loss Basis as shown in the Declarations.
2. OTHER COVERAGE: Any expenses:
a. For Participants with coverage under any other plan which, when benefits under the Covered
Underlying Plan are combined with benefits payable under any other plan, exceed 100% of the
Participant’s actual expenses.
b. That are eligible losses under any other Stop Loss policy.
3. ADMINISTRATIVE COSTS: Any expenses related to;
a. Administrative costs, including but not limited to, administrative costs for payments, PPO access
fees, prescription drug administration fees, and case management fees in excess of the usual
and customary charge;
b. Capitation fees;
c. Litigation; or
d. Extra contractual damages, compensatory damages, or punitive damages.
4. MILITARY AND WAR RELATED CONDITIONS: Any amount Paid by the Policyholder for Eligible
Claims Expenses which arise out of or are caused by
a. War or an act of war, whether declared or undeclared including acts of armed invasion; and
b. Service in the armed forces of any country, including the air force, army, coast guard, marines,
national guard, navy, or civilian forces or units auxiliary thereto.
SECTION 5 – CLAIM ADMINISTRATOR
You must retain a Claim Administrator at all times. All Claim Administrators must be approved by Us.
We will only reimburse You for Eligible Losses Paid by an approved Claim Administrator.
We will not be responsible for any compensation due the Claim Administrator for functions performed by
the Claim Administrator for You.
This Policy will not be deemed to make Us a party to any agreement between You and any administrator.
SECTION 6 – CLAIM PROVISIONS
A. NOTICE OF CLAIM
You or the Claim Administrator must notify Us within 30 days of the date You or the Claim
Administrator is notified that a Participant has Incurred Eligible Losses:
1. in excess of 50% of the Specific Deductible;
2. in excess of $100,000.
B. PROOF OF LOSS
Upon presentation of satisfactory proof of loss, You represent that all monies necessary to pay for
services and supplies have been Paid to the Participant or respective providers of medical services or
supplies.
4.G.a
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PSL-500 WA (9-18) 9
C. DISPUTED DENIALS
Provided You or the Claim Administrator notifies Us within 30 days following the date a Participant
appeals a plan’s denial to an accredited Independent Review Organization (IRO) and provided the
IRO overturns that denial, the date of denial (rather than the actual Paid date) will be used to
determine whether such Loss is an Eligible Loss under this Policy.
SECTION 7 – MATERIAL CHANGES
We reserve the right to approve any Material Change. You or the Claim Administrator must notify Us of
any Material Change in writing prior to the date such Material Change becomes effective.
Upon receiving notice of a Material Change, We reserve the right to:
1. Accept the Material Change without revising the Premium Rates and/or other terms and conditions of
this Policy;
2. Accept the Material Change and revise the Premium Rates and/or other terms and conditions of this
Policy; or
3. Not accept the Material Change and pay benefits under this Policy as if the Material Change had not
occurred.
If We accept the Material Change, our written acceptance will state the date Our approval becomes
effective.
Payment of any benefits under this Policy based on a Material Change is subject to Your written
acceptance of any necessary adjustment to the Stop Loss premium or other terms and conditions.
SECTION 8 – TERMINATION AND RENEWAL
A. TERMINATION
This Policy and all coverage under this Policy will terminate at 11:59 PM Local Time on the earliest of
the following dates:
1. The end of the last period for which premiums were paid;
2. The Premium Due Date next following receipt by Us of written notice from You that this Policy is
to be terminated;
3. The end of any Policy Term following 45 days prior written notice to You of termination;
4. The Premium Due Date following 45 days prior written notice to You that We are planning to
terminate this Policy because:
a. there are fewer than 50 Covered Units;
b. the number of Covered Units has changed by 10%;
5. The date the Covered Underlying Plan ends;
6. The date of cancellation of the administrative agreement between You and the Claim
Administrator, unless You have selected another administrator prior to such cancellation and We
have consented to Your selection in writing; or
7. On any date mutually agreed to by You and Us.
If the Policy terminates prior to the end of the Policy Term, the Covered Loss Basis of this Policy will
be limited to Covered Services Incurred and Paid prior to 11:59 PM Local Time on the day this Policy
terminates. However, if this Policy terminates prior to the end of the Policy Term, the Aggregate
Benefit, if any, will not be payable.
B. RENEWAL
Unless terminated during or prior to the end of the Policy Term, this Policy may be renewed at the
end of the Policy Term. At renewal, We reserve the right to revise the terms and conditions including
rates and Deductibles via written notice to You.
Renewal is subject to Your written acceptance of the terms and conditions that apply to the renewal
prior to the beginning of the subsequent Policy Term.
4.G.a
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PSL-500 WA (9-18) 10
SECTION 9 – PREMIUMS
A. AMOUNT OF PREMIUMS
Premium is calculated based upon the number of Covered Units reported in any given Policy Month.
The number of Covered Units for each Policy Month will be determined in accordance with the
definition of Covered Unit. The estimated number of Covered Units for the first Policy Month shown
in the Declarations is based on the estimated initial enrollment.
B. CHANGES IN PREMIUM RATES
We reserve the right to change any rate used in determining the monthly premium. The change may
occur on one of the following dates:
1. On any Premium Due Date, if the number of Covered Units changes by more than 10% of the
number reported on the later of:
a. the Initial Effective Date of this Policy; or
b. the most recent Policy Anniversary;
2. Retroactively to the beginning of the Policy Term, if We determine that payments for Covered
Services are not being made in accordance with the terms and conditions of the Covered
Underlying Plan;
3. On the date of any Material Change approved by Us;
4. The date of an administrative agreement between You and a new administrator is effective
provided We provide written consent to Your selection;
5. On any Policy Anniversary; or
6. At the end of any Policy Term.
We will give You 60 days prior written notice of any change in any rate used in determining the
monthly premium.
C. PAYMENT OF PREMIUMS
All premiums are due on the applicable Premium Due Date. Each premium is payable to Us by You
on or before the Premium Due Date. The payment of each premium as it becomes due will maintain
this Policy in force through the date immediately preceding the next Premium Due Date.
D. GRACE PERIOD
A Grace Period of 31 days will be allowed for the payment of each premium after the first premium. If
a premium otherwise due is not paid during the Grace Period, this Policy will automatically terminate
at 11:59 PM Local Time on the last day of the Policy Month for which premiums were last paid,
without further notice to You. Our liability will be limited to Covered Services that are Paid by You
prior to 11:59 PM Local Time on last day of the Policy Month for which premiums were last paid.
E. PREMIUM ADJUSTMENTS
1. Policy Termination
Any retrospective request by You for a premium adjustment due to a misstatement of Covered
Units must be made within 2 months following the termination of the Policy. Such requests must
be in writing and accompanied by evidence that an adjustment should be made. Any premium
adjustment is limited to the number of Policy Months in the prior Policy Term.
2. Policy Renewal
Any retrospective request by You for a premium adjustment due to a misstatement of Covered
Units must be made within 12 months following the termination of the Policy Term. Such requests
must be in writing and accompanied by evidence that an adjustment should be made. Any
premium adjustment is limited to the number of Policy Months in the last Policy Term.
4.G.a
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PSL-500 WA (9-18) 11
SECTION 10 – GENERAL PROVISIONS
A. HOLD HARMLESS
1. You agree to hold Us harmless from any legal expenses incurred or judgments awarded arising
out of any dispute involving a current or former Participant, to the extent such legal expenses or
judgments were not incurred as a result of Our intentional negligence or intentional wrongful acts.
If We are notified that We have been named, or are likely to be named, as a defendant in any
action involving a current or former Participant. We will give You written notice of the dispute
within a reasonable time. We will provide probative material to You upon Your written request.
We will cooperate with You in matters pertaining to the dispute. However, such cooperation will
not waive Our right to solely defend or settle any such action in any manner We deem prudent.
2. We agree to hold You harmless from any legal expenses incurred or judgments awarded or
arising out of any breach of this Policy by Us arising out of Our negligence or wrongful acts to the
extent such legal expenses or judgments(s) were not incurred as a result of Your intentional
negligence or intentional wrongful acts.
If You are notified that You have been named, or are likely to be named as a defendant in any
action involving a current or former Participant, You will give Us written notice of the dispute
within a reasonable time and will make all probative material available to Us upon Our written
request. You will cooperate with Us in matters pertaining to the dispute. However, such
cooperation will not waive Your right to solely defend or settle any such action in any manner You
deem prudent.
B. TAXES
You agree to hold Us harmless from any state premium taxes incurred with respect to funds paid to or
by You through the Covered Underlying Plan. If any state premium tax is assessed against Us with
respect to such funds, You must reimburse Us for the amount of the state premium tax liability
including any interest, penalty and costs incurred by Us as a result of the assessment. Taxes
incurred with respect to premiums paid for this Policy will be Our responsibility.
C. NOTICE OF OBJECTION
Any objection, notice of legal action, or complaint received for a Covered Service processed by You
or the Claim Administrator for which a benefit appears payable under this Policy must be brought to
the immediate attention of Our claims department.
D. POLICY NON-PARTICIPATING
This Policy is non-participating and does not share Our surplus earnings.
E. OFFSET
We have the right to offset any benefits payable to You under this Policy against premiums due and
unpaid by You, but this right will not prevent the termination of this Policy for non-payment of
premium.
F. RECOVERY
You must prosecute any and all valid claims that You may have against third parties arising out of any
occurrence resulting in a payment for Eligible Losses and must account to Us any amounts
recovered.
If You do not prosecute any and all valid claims that You may have against third parties arising out of
any payment for Eligible Losses within a reasonable period of time, We will subrogate the recovery of
such claims and/or require You to assign Us the right to prosecute on behalf of You.
4.G.a
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PSL-500 WA (9-18) 12
G. REIMBURSEMENT
Any amounts that You recover from a third party for which benefits were paid by Us under this Policy
must be repaid to Us. The full amount of any and all such funds recovered must be returned to Us
first before any Deductible under this Policy will be satisfied. No part of any Covered Services which
are Paid by You and for which You have been reimbursed by a third party, or which You have used to
satisfy any deductible under another policy, will be considered Eligible Expenses under this Policy.
This provision will survive the termination of this Policy.
H. WAIVER
Our failure to insist upon You or Your Claim Administrator’s strict compliance with any requirement or
condition of this Policy at any time or under any circumstance shall not constitute a waiver of any
such requirement or condition by Us at any time under the same or different circumstances.
I. ARBITRATION
In the event of a dispute between the parties to this Policy as to whether coverage is provided under
this Policy for a claim made by or against You, both parties may, by mutual consent, agree in writing
to arbitration of the disagreement.
If both parties agree to arbitrate, each party will select an arbitrator. The two arbitrators will select a
third arbitrator. If they cannot agree within 30 days upon a third arbitrator, both parties must request
that selection of a third arbitrator be made by a judge of a court having jurisdiction.
Unless both parties agree otherwise, arbitration will take place in Seattle, WA.
Local rules of law as to procedure and evidence will apply.
Each party will:
1. Pay the expenses it incurs; and
2. Bear the expenses of the third arbitrator equally.
SECTION 11 – RECORDS AND REPORTS
A. CLERICAL ERROR
Clerical error, whether by You or by Us, will not invalidate coverage otherwise validly in force nor
continue coverage otherwise validly terminated.
B. AUDITS
We reserve the right to inspect and audit all of Your and Claim Administrator’s records and
procedures that pertain to this Policy prior to or after processing a claim for benefits. We also reserve
the right to require proof that payment of Eligible Losses has been made to the Participant or the
provider of services that are the basis for any claim by You under this Policy.
C. UNDERWRITING INFORMATION
We rely on the underwriting information provided:
1. To issue this Policy;
2. To accept a person as a Participant; and
3. To renew this Policy.
Should additional information become known after one of these events that affect the rates,
deductibles, or the terms and conditions of this Policy, We reserve the right to revise the rates,
deductibles, and the terms and conditions of this Policy retroactive to the Initial Effective Date or
Policy Anniversary Date of the Policy Term by providing written notice to You.
4.G.a
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PSL-500 WA (9-18) 13
SECTION 12 – LIABILITY AND INDEMNIFICATION
A. LIABILITY
We will have neither the right nor the obligation under this Policy to directly pay any Participant or
provider of Covered Services for any benefit that You have agreed to provide through the terms of the
Covered Underlying Plan. Our sole liability under this Policy is to You.
B. INDEMNIFICATION
To the extent We suffer any liability, loss or expense due to a misstatement or failure to provide any
requested information, or failure to provide any additional information requested by Us on a
Participant or a person for whom We have requested, You agree to indemnify Us up to the amount of
such liability, loss or expense, and all costs associated with such liability, loss or expense.
To the extent You suffer any liability, loss or expense due to Our breach of this Policy or due to Our
negligence or wrongful acts, We agree to indemnify You up to the amount of such liability, loss or
expense, and all costs associated with such liability, loss or expense.
SECTION 13 – ENTIRE CONTRACT, CHANGES
The entire contract consists of:
1. The pages of this Policy including any amendments, endorsements or riders;
2. The Application;
3. Submitted loss information; and
4. Attached documents necessary for the administration of this Policy.
This Policy or coverage under this Policy may be amended at any time by mutual consent between the
parties. No change in this Policy will be valid unless it is approved in writing by one of Our executive
officers and delivered to You for attachment to this Policy. This approval must be shown in or attached to
this Policy. No Agent or Claim Administrator has authority to change this Policy or to waive any of its
provisions.
SECTION 14 – INCONTESTABLE CLAUSE
In the absence of fraud, any statement made by You is a representation and not a warranty. No
statement made by You affecting this Policy will be used to deny a claim or to deny the validity of this
Policy unless contained in a written instrument signed by You with a copy of the written instrument having
been given to You.
SECTION 15 – LEGAL ACTIONS
No action at law or in equity may be brought to recover under this Policy until 60 days after written proof
of loss has been furnished to Us. No such action may be brought more than three years after the time
within which proof of loss is required to be furnished.
SECTION 16 – INSOLVENCY
The insolvency, bankruptcy, financial impairment, receivership, voluntary plan of arrangement with
creditors, or dissolution for You will not impose upon Us any liability other than the liability defined in this
Policy.
SECTION 17 – ASSIGNMENT
Your rights and benefits under this Policy cannot be assigned.
4.G.a
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PSL 500 WA SAF (9-18) 14 Specific Advance Funding Rider
SPECIFIC ADVANCE FUNDING RIDER
To be attached to and made part of Policy WA 518212 issued to City of Kent as Policyholder.
Effective January 1, 2020 it is hereby agreed:
Only those Covered Services exceeding the Specific Deductible are eligible for Specific Advance
Funding.
Specific Advance Funding is available if all of the following conditions have been met:
1. The Specific Deductible has been satisfied.
2. Covered Services submitted for an advance must be fully processed by the Claim Administrator and
ready for payment according to the terms of the Covered Underlying Plan.
3. Covered Services must be Incurred during the Policy Term and Paid by the Administrator within 30
days but no later than the Specific Covered Loss Basis stated on the Declarations. Any request
received after that date is not eligible for Advanced Funding.
4. The Administrator must bill Us monthly for the Covered Services for which funds were advanced but
no later than 30 days after Specific Covered Loss Basis stated on the Declarations.
5. We will remit payment for approved claims to the Administrator within 30 days of receipt of the
Advanced Funding request.
All other terms and provisions of the Policy will apply.
LifeWise Assurance Company
by
Michael L. Krutt
President
LifeWise Assurance Company
4.G.a
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SLP App (04-2015) 15 Application
APPLICATION FOR STOP LOSS INSURANCE
Correct Legal Name of Applicant: City of Kent
Address: 220 4TH AVE S KENT WA 98032-5838
(Street) (City) (State) (ZIP)
applies to the LifeWise Assurance Company for the coverage(s) indicated in Section I.
SECTION I – Coverage
Specific Stop Loss Insurance
Aggregate Stop Loss Insurance*
*required in WA
SECTION II – Claim Administrator
Full Legal Name of Claim Administrator: Premera Blue Cross
Address: 7001 220th Street SW Mountlake Terrace WA 98043
(Street) (City) (State) (ZIP)
SECTION III – Proposed Effective Date
Proposed Policy Effective Date: AM 11 – Effective January 1, 2020, (subject to LifeWise Assurance Company approval)
Deposit of $ is submitted to apply to the first premium due under the policy if issued.
(Minimum 80% of the first month’s premium). If a policy is not issued, the premium deposit will be refunded in full.
SECTION IV – State Requirements
State of Alaska
The minimum attachment point for large employers (51 + lives) is 110% of expected claims.
The permissible specific deductible cannot be less than $10,000 per covered person.
State of Oregon
The minimum aggregate attachment point (or deductible) may not be less than 120% of anticipated claims.
The minimum specific attachment point (or deductible) is $10,000 per covered person (or unit).
State of Washington
The aggregate attachment point may not be less than 120% of expected claims.
The individual attaching point or retention may not be less than 5% of the expected claims or $100,000, whichever is less.
If LifeWise Assurance Company approves this application, a policy will be issued. No insurance will be in force until
approved by LifeWise Assurance Company. The undersigned represents that the statements contained in this application
are true and complete to the best of his or her knowledge and belief, and understands that they form the basis for LifeWise
Assurance Company’s approval of the requested stop loss insurance.
Signature of Witness, if required:
Signature of Officer (Applicant):
Signature on file on original application
Agency:
Please Print
Name of Officer:
Please Print
Producer’s Name:
Please Print Title:
Please Print
Date: Date:
LifeWise Assurance Company
PO Box 2272
Seattle, WA 98111-2272
4.G.a
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SLP App (04-2015) 16 Application
SECTION V – Fraud Statements
Alaska and Oregon: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or
knowingly presents false information in an application for insurance may be guilty of a crime and may be subject to civil
fines and criminal penalties.
Washington: It is a crime to knowingly provide false, incomplete, or misleading information to an insurance company for
the purpose of defrauding the company. Penalties include imprisonment, fines, and denial of insurance benefits.
4.G.a
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