HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 9/3/2019
KENT CITY COUNCIL AGENDAS
Tuesday, September 3, 2019
Chambers
Mayor, Dana Ralph
Council President, Bill Boyce
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Satwinder Kaur Councilmember Marli Larimer
Councilmember Les Thomas Councilmember Toni Troutner
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COUNCIL MEETING AGENDA - 7 P.M.
1. CALL TO ORDER / FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
1. Employee of the Month
2. Certificate of Appreciation for the YMCA Grand Opening
3. Proclamation for Constitution Week
4. Proclamation for Mayor's Day of Concern for the Hungry
5. Proclamation for National Childhood Cancer Awareness Month
6. Proclamation for National Recovery Month
B. Community Events
5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Mayor's Report
B. Chief Administrative Officer's Report
C. Councilmember's Reports
6. PUBLIC HEARING
A. Public Hearing on the Surplus and Removal of Restrictive Covenants on
the Lannoye Property – Resolution – Adopt
B. Public Hearing on the Surplus of the Kronisch Property – Resolution –
Adopt
City Council Meeting City Council Regular Meeting September 3, 2019
7. PUBLIC COMMENT
The Public Comment period is your opportunity to speak to the Council and
Mayor on issues that relate to the business of the city of Kent. Comments
that do not relate to the business of the city of Kent are not permitted.
Additionally, the state of Washington prohibits people from using this Public
Comment period to support or oppose a ballot measurement or candidate for
office. If you wish to speak to the Mayor or Council, please sign up at the
City Clerk’s table adjacent to the podium. When called to speak, please state
your name and address for the record. You will have up to three minutes to
provide comment. Please address all comments to the Mayor or the Council
as a whole. The Mayor and Council may not be in a position to answer
questions during the meeting.
8. CONSENT CALENDAR
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Aug 20, 2019 5:00
PM
2. City Council Meeting - City Council Regular Meeting - Aug 20, 2019
7:00 PM
B. Payment of Bills
C. Set September 17, 2019 as the date for the First Public Hearing on the
2020 Mid-Biennium Budget Adju
D. Set September 17, 2019 as the date for the first Public Hearing on the
2020-2025 Capital Improvement Plan
E. Amendment No. 1 to the Garbage, Recycling, Yard & Food Waste
Collection and Disposal/Marketing Contract with Kent-Meridian
Disposal Company D/B/A Republic Services Recycling Services for
Processing Surcharge - Authorize
F. Republic Services Rate Increase for Disposal Fee (Tipping Fee)
Charged by Cedar Grove - Authorize
G. Consultant Services Agreement for Clark Springs Generator and
Electrical Upgrades with RH2 Engineering, Inc. - Authorize
H. Ordinance Granting Small Cell Franchise to Seattle SMSA, dba Verizon
Wireless - Adopt
I. Ordinance Amending Kent City Code 2.34 - Municipal Court - Adopt
J. Software Subscription Agreement with Origami Risk, LLC - Authorize
9. OTHER BUSINESS
10. BIDS
A. Willis Street and Fourth Avenue South Roundabout Joint Utility Trench
Project Bid - Award
City Council Meeting City Council Regular Meeting September 3, 2019
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk's
Office in advance at 253-856-5725. For TDD relay service, call the Washington
Telecommunications Relay Service 7-1-1.
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PROCLAMATTON
wHEREASI September 19, 2019, marks the two hundred thirtieth
second anniversary of the drafting of the Constitution of
the United States of America by the Constitutional
Convention; and
WHEREA$ it is fitting and proper to accord official recognition to this
magnificent document and its memorable anniversary,
and to the patriotic celebrations which will commemorate
the occasion; and
WHEREAT Public Law 915 guarantees the issuing of a proclamation
each year by the President of the United States of
America designating September L7 through 23 as
Constitution Week;
NOW, THEREFORE, I, Dana Rqlph, Mayor of the City of Kent, do
hereby proclaim September 17 through 23,2019 as
COAISTITUTION WEEK
In the city of Kent, Washington, and I encourage our citizens to
reaffirm the ideals the Framers of the Constitution had in L7B7 by
vigilantly protecting the freedoms guaranteed to us through this
guardian of our libefties, remembering that lost rights may never be
regained.
In witness whereof, I have hereunto set my hand and caused the Seal
of the city of Kent to be affixed this 3rd day of September,2Ot9.
Dana Ralph, M
KENT
WAsHlNoroN
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PROCLAMATION
WHEREAS, the City of Kent recognizes adequate nutrition as a basic goal for
each citizen; and
WHEREAS, no parent should have to send a child to school hungry, no baby
should be without the comfort of the feedings needed for mental and
physical growth, no elderly person's health should be jeopardized by
lack of appropriate foods; and
WHEREAS, food banks, emergency and hot meal programs stretch resources and
strive each day to stem the rising tide of hunger, but still need more
help; and
WHEREAS, we believe that when Kent citizens learn of the especially serious
needs of the hungry as winter approaches and budgets are stretched
further to increasing costs--an outpouring of community assistance
will follow; and
WHEREAS, the Emergency Feeding Prggram coordinates an annual food drive to
help support the efforts of their program and the area's food banks in
fighting hunger, and will be held at grocery stores throughout King
County on Saturday, September 2t,2OL9;
NOW THEREFORE, I, Dana Ralph, Mayor of Kent, do hereby proclaim September
2t,20t9 as
MAYOR'S DAY OF CONCERN FOR THE HUNGRY
in the city of Kent, Washington, and I encourage all citizens to join with the
Emergency Food Program and our food banks to help feed those who are hungry.
Donate food and volunteer for a shift at a pafticipating store on September 2lst.
In witness whereof, I have hereunto set my hand and caused the seal of Kent to
be affixed this 3rd day of September 2OL9.
KENT
WAgHTNGTox
Dana Ralph, M
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PROCLAMATION
Whereas,every year, thousands of children across America are diagnosed with
cancer an often-life-threatening illness that remains the leading cause
of death by disease for children under the age of 15; and
Whereas,the causes of pediatric cancer are still largely unknown, and though new
discoveries are resulting in new treatments, this heaftbreaking disease
continues to scar families and communities in ways that may never fully
heal; and
Whereas, while much remains to be done, our Nation has come far in the fight to
understand, treat, and control childhood cancer; and
Whereas,thanks to ongoing advances in research and treatment, the five-year
survival rate for all childhood cancers has climbed from less than 50
percent to 80 percent over the past several decades. Researchers
around the world continue to pioneer new therapies and explore the root
causes of the disease, driving progress that could reveal cures or
improved outcomes for patients; and
Whereas, despite the gains we have made, help still does not come soon enough
for many of our sons and daughters, and too many families suffer pain
and devastating loss; and
Whereas,this month, we remember the young lives taken too soon and pay tribute
to the families, friends, professionals, and communities who lend their
strength to children fighting pediatric cancer. May their courage and
commitment continue to move us toward new cures, healthier
outcomes, and a brighter future for America's youth.
NOW. THEREFORE, I, Dana Ralph, Mayor of the city of Kent, proclaim September
2019 as
National Childhood Cancer Awareness Month
and encourage all citizens of Kent join me in reaffirming our commitment to fighting
childhood cancer,
Inw ereof, I have hereunto set my hand this 3rd day of September,20L9.
KENT
WASHtNGToN
Dana Ralph, M
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PROCLAMATION
behavioral health is an essential part of health and one's overallwellness; and
prevention of mental and/or substance use disorders works, treatment is
effective, and people recover in our area and around the nation; and
preventing and overcoming mental and/or substance use disorders is essential to
achieving healthy lifestyles, both physically and emotionally; and
we must encourage relatives and friends of people with mental and/or substance
use disorders to implement preventive measures, recognize the signs of a
problem, and guide those in need to appropriate treatment and recovery support
services; and
in 2011, 3.8 million people received specialty treatment for a substance use
disorder and more than 31.6 million adults aged 18 or older received services for
mental disorders, according 'to the 2011 National Suruey on Drug Use and
Health. Given the serious nature of this public health problem, we must continue
to reach the millions more who need help; and
on October 1,2013 as a result of the Affordable Care Act, more than 11 million
uninsured individuals with behavioral health needs will become eligible for
affordable insurance coverage for their treatment needs, according to the 2011
National Suruey on Drug Use and Health. We must ensure that all of these
individuals are successfully enrolled into coverage; and
to help more people achieve and sustain longterm recovery, the U.S.
Department of Health and Human Services (HHS), the Substance Abuse and
Mental Health Services Administration (SAMHSA), the White House Office of
National Drug Control Policy (ONDCP), and The City of Kent, Washington invite
all residents of Kent to participate in Nafional Recovery Month; and
NOW, THEREFORE, l, Dana Ralph, Mayor of Kent, do hereby proclaim the month of
September 2019 as
National Recovery Month
in the city of Kent and call upon the people of Kent to observe this month with appropriate
programs, activities, and ceremonies supporting this year's theme.
ln witness whereof, I have hereunto set my hand this 3rd day of September 2019.
KENT
WAsHrNoroN
Mayor Dana
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1 | Page
• Our new Human Resources Director Teri
Smith and Finance Director Paula Painter
start work on Tuesday, September 3. The
mayor and CAO want to thank Natalie
Winecka for her service as interim HR
director and Barbara Lopez and Lavina
Brennecke for their service as interim
finance director over the past six months -
they never missed a beat while doing
director work in addition to their regular
work.
• Dana Neuts, Communications Manager,
has been working with April Delchamps on
the public outreach for the transportation
master plan. She has scheduled the 2020
legislative priorities meetings with directors
and staff and is working with Tony Donati,
Meara Heubach and Multimedia on a plastic
bag ban outreach and education plan. Dana
continues working with Michael Mage and
Tanisha Roberts on the Town Hall meetings
scheduled for October.
• Toni Azzola, Neighborhood Program
Coordinator, has been working with other
departments to finalize the questions and
concerns identified during the Misty
Meadows’ Kent Walks, and has done pre-
walk-throughs at North Scenic Hill and
Saltair Hills. Toni covered Coffee &
Conversation with Mayor Ralph, is working
on Kent 101 to launch in January and has
three mini-grants and one additional grant
to review.
• Uriel Varela, Community Engagement
Coordinator, helped coordinate and attended
the first Fiafia Night, a Samoan community
celebration. Samoan youth learned about
their culture and language in week-long
workshops. The Fiafia Night celebration was
an opportunity for the students to
demonstrate what they learned from the
workshops and honor their community. Uriel
also attended community engagement
training, led by professor Martin Carcasson.
The training focused on brain science and
social psychology as they relate to engaging
groups with a wide array of conflicting
priorities and “wicked problems”.
• The City Clerk’s Office responded to 189
requests for public records over the course of
the last two weeks, along with continued
support to city staff with respect to both
records management and records retention.
Clerk’s staff continue working closely with IT
in developing a new filing structure for
contracts and agreements within the new
Laserfiche system.
ADMINISTRATION
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Long Range Planning
• ECD staff met with Kent School District
regarding Meet Me on Meeker and other
projects. District staff spent time at Kent
Elementary School to determine how the
Meeker frontage could best integrate with
the school property, and the news that KSD
welcomes a new entrance plaza along the
Meeker frontage is a welcome surprise. This
exciting project is one step closer to reality,
and we look forward to collaborating with
them in the coming months.
• ECD and friends walked the new, nearly
complete Meeker promenade at the Ethos
project. Joined by consultants who helped
create the design, we assessed the built
reality against the standards that will apply
to the rest of the corridor. The intention was
to find out if there was anything that needed
changing before the next project (at 64th
and Meeker) pours concrete, and to assess
the general success of the design choices
made. We plan to pursue a few clarifications
in the standards and make some elements
of the design easier to construct. Staff also
discussed the difficulties with products
sourcing, and will be looking for readily
available (less expensive) alternatives to aid
in the construction process. This walking
tour was a great way to see our plans in
action, foster good relationships with our
private sector partners, and create
actionable next steps to optimize the
Meeker frontage.
• A Washington State Space Strategy
Roundtable was held at the Department of
Commerce offices in Seattle on August 21,
and ECD represented Kent. By some
measures, our city has about half of the
directly counted jobs in this emerging
industry. Staff also met with the new
director of the Aerospace Futures Alliance
and their affiliate, the Washington State
Space Coalition.
Development Engineering
• Engineering staff are working hard on plan
review for multiple ambitious and highly
visible projects in the Kent Valley. Clients
include Boeing and their consultants for the
first phases of the Kent Space Center
redevelopment, Blue Origin’s 76th Ave S
frontage improvements, and expansion of
their campus to accommodate their
continued growth. High priority project
deliverables include new crosswalks to
facilitate safer mid-block crossing between
their facilities.
• Less visible but large in scale, Sysco
systems is expanding their facility at 54th
Ave S and 228th St. Engineering staff have
been working with them to ensure a smooth
permitting process as they move forward
with construction.
• Elsewhere in Kent, staff worked with the
Kent School District and their consultants to
permit an addition to Pine Tree Elementary
and site improvements at Neely O’Brien
Elementary.
• Trammel Crow is building a new apartment
complex at Military Road and S. 228th St,
and DE staff assisted with the grade and fill
permit, so they could break ground on
schedule.
Labor, Class & Compensation
• Negotiations with AFSCME regarding
Corrections are underway.
• Working on new policies for the HCMA
project.
Benefits
• The Mayor’s Barbeque is scheduled for
Thursday, September 5 from 11am to
1pm in the City Hall Courtyard.
• Continued work on FMLA and ADA
cases.
• Open Enrollment preparations
underway.
• HCMA project.
• Contract reviews continue.
• RDS Application.
Recruitment
• Received 11 applications for the position
of Municipal Court Judge.
• Conducted interviews for the following
positions - Police Records Specialist,
Planner (TLT), and Central Financial
Payroll Analyst (TLT)
ECONOMIC AND COMMUNITY
DEVELOPMENT
HUMAN RESOURCES
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• New hires for September 3 - Paula Painter
(Finance Director), Teri Smith (HR
Director), Derek Hawkes (Eng. Supervisor),
Jordan Croom (Technical Writer/Trainer),
Shivani Lai (CTR Program Coord.), D’Vee
Lot (Acct. Representative), and Isaia
Tiangson (Plans Examiner TLT).
• The city settled its condemnation lawsuit
against AMB-SGP CIF-California LLC
(“Prologis”) the week before it was set to go
to trial. The city needed to acquire property
from Prologis for new right-of-way in
conjunction with the South 228th Street
Grade Separation Project. The city has been
working on this property acquisition since
2016.
• Staff represented the city at Business
License Revocation hearings on August 14
for several businesses who have failed to
pay overdue fire permit fees despite
numerous reminders. Notices went out to
five separate businesses. Three businesses
paid their accounts in full prior to the
hearing, resulting in $483.84 recovered.
Two businesses failed to pay their accounts
prior to the hearing and then failed to
appear for the hearing. The Hearing
Examiner granted the city’s motion for a
default judgment revoking both businesses’
licenses. In order for the businesses to
become relicensed to do business in Kent,
they will need to pay their accounts in full
(JP Logistics owes $313.58 and Kollmar
Sprinter Solutions owes $937.44) and apply
and pay for a new business license.
• Continued to assist the Clerk’s office with
public records requests, and Public Works,
ECD, and Parks with many high priority
development projects, including property
rights and access issues involving Naden
Avenue.
Number of tickets opened – 275; number
of tickets closed – 275
Assisted the HR Department in many
sensitive employment and labor related
matters.
Laserfiche Version Upgrade
Upgrade the current version of Laserfiche from
version 10.1 to version 10.4. which includes
minor enhancements and security patches.
Correction Campus Upgrade
Deploy an upgraded facility at the Corrections
campus allowing IT to expand its camera
infrastructure.
Kent Municipal Security Report for July
2019
Number of Clients that entered the court
– 6,056
Number of arrests - 32
Recreation
• The Kent Senior Activity Center has been
awarded a Veterans, Seniors, and Human
Services Levy grant in the amount of $1.4
million by King County. The process was
extremely competitive with $20.6 million
available - while requests exceeded $44
million from 41 senior centers across the
county. Kent will use the funding over the
next 4 years to further establish itself as a
recognized hub for senior resources and
services while providing support, outreach,
connection and social engagement for the
diverse population of seniors in Kent and
across the region. Congratulations Senior
Center Manager, Cindy Robinson, and
MUNICIPAL COURT
PARKS, RECREATION, AND
COMMUNITY SERVICES
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center staff for your exceptional work on this
application!
• Camp WALKAPALA finished up 8 weeks of
camp with an average of 90 kids ages K-6th
grade registered each week. Campers
enjoyed field trips to various places during
the summer such as water parks, Flying
Circus, MoPop and Remlinger Farms.
Campers enjoyed the addition of STEAM
(Science, Technology, Engineering, Arts and
Math) activities with the help of a
partnership with WSU 4H.
• The HERO Mobile Recreation Program
participated at Kent Station’s S.O.A.K.S.
(Summers Over at Kent Station) event on
August 15. Program resources such as Fall
Recreation Guide, flyers for sports and after
school programs were available to parents
while kids engaged in high energy activities.
• Staff attended the Back to School event for
incoming 7th graders at Mill Creek. This was
a great opportunity to meet families and
introduce them to all that Kent Parks and
Recreation has to offer.
• The last adaptive recreation outing for
summer was a trip to Deep Lake. It was a
huge hit with 14 participants. What’s better
than spending time with your friends,
playing field games and taking a relaxing
walk around the lake? These programs
focus on fitness, social engagement, and
self-confidence.
• The final week of Summer Concerts drew
500 to Town Square Plaza for a performance
by family favorite Recess Monkey and 400
to Lake Meridian Park for bluegrass
sensation Mile Twelve. Total attendance for
the 12 concerts (six Wednesday Picnic
Performances for kids and six Thursdays at
the Lake) was approximately 4,450. The
series brought in $11,575 in sponsorships
and grants, as well as $211 in individual
donations.
• The 2019-2020 Spotlight Series brochure
has been released and ticket sales have
been coming in at a steady pace. A total of
519 tickets have been sold since August 1
(an increase of 37% over this date last
year).
• A new Kent Creates exhibit, “Look Up,” is
accepting submissions through September
30. The top five submissions will receive
featured status and a $200 honorarium
each.
Human Services
Human Service Manager, Merina Hanson,
attended the Continuum of Care (CoC) Rank
Order Committee meeting to vote on the
application rank order that will be sent to the
All Home Coordinating Board on Monday
August 26 for final approval. Each year the
Seattle/King County CoC submits an
application to the U.S. Department of
Housing and Urban Development (HUD) for
McKinney Continuum of Care Homeless
Assistance Grant funds. As part of the NOFA,
HUD requires our local CoC to conduct a local
process to determine a priority order of
projects. The final priority order is the result
of a very thoughtful process conducted by
Continuum of Care staff and the Rank Order
Committee under the advisement of
providers and local funders, and final
decisions are approved by the All Home
Coordinating Board. Members from the Lived
Experience Coalition attended the meeting
and provided extensive public comment on
challenges with some of the organizations
providing services. While no programs were
removed from the application there will be
additional follow-up with some agencies
regarding their work with specific vulnerable
populations.
• Staff continue to participate in regional
homeless authority governance discussions.
Consolidation and creation of the regional
authority is intended to streamline the
countywide homeless services system,
which will ultimately merge homeless-
service employees from the City of Seattle
and King County. As currently proposed, the
new regional authority would be comprised
of a five-person steering committee of
elected officials from around the county and
an eleven-person governing board of
subject experts. The steering committee’s
primary responsibilities would be to appoint
governing board members, confirm the five-
year implementation plan and approve
annual budgets for the entity. Suburban city
leaders continue to express concern about
accountability and the ability to have a seat
at the table. King County expects to send a
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proposed charter to create the public
development authority for homeless
services by the first week of September.
Hiring/Retirement/Recruitment/
Leaves/Promotions
• Entry Level Police Officer Jonathan
Jarman starts October 1.
Significant crime activities/arrests/
investigations
• On August 17, three suspects involved in
recent 7-11 robberies throughout King
County were apprehended – their vehicle
impounded and referred to Detectives for
follow-up.
• On August 17, officers arrested two
subjects for warrants after being
dispatched to a possible vehicle prowl at
Value Village, 240th/104th.
• On August 18, KPD Officers captured
three suspects in Auburn, for thefts from
Adessa Auto Auction. These three are
associated with the Manheim Auto
Auction group that committed several
robberies and thefts in Kent.
• On August 18, a subject was arrested for
criminal trespass and vehicle trespass
after getting into the passenger seat of a
running car, then when he was told to
get out, he then approached the house
and tried to get inside while the reporting
party was on the phone with 911.
• On August 19, a subject was booked for
residential burglary after entering a
home, stealing a purse and taking a
shower while the owners were home. A
friend of the victims confronted the
subject, who attempted to flee outside.
The friend held the subject at gunpoint
until officers arrived.
Major emphasis patrol
• August 16-18, extra patrols traveled to
several parks that resulted in several
warrant arrests, one minor in possession
of alcohol, and multiple subjects sited for
park hours and alcohol violations.
Events and awards
• Chief Padilla attended the Samoan
Community Celebration on August 17
with Mayor Ralph.
• The GIS/Survey technician has been
updating water meter, water valve and
backflow assembly locations. Survey field
staff have been staking active construction
for the 224th Phase II, 228th Grade
Separation and GRNRA South Pump Station
Force Main projects. Land Survey office staff
have been writing legal descriptions and
calculating boundaries for the Willis & Naden
Limited Access portion for the Naden site
development. Office staff have also provided
professional reviews of Planning/ECD
submittals. GIS leadership staff have
successfully hired for the open GIS Analyst
III position, screened new GIS interns and
provided support for the new Public Works
asset management system. GIS staff
continue with transferring legacy data to
layer files for easier access on various web
applications. GIS staff have been providing
data for multiple public records requests in
the last two weeks along with entering
infrastructure as-builts data. The current
GIS intern for PW Signs department has
collected 8,221 signs city wide so far, this
year.
Construction
• LID 363: S 224th St Improvements – 88th
Ave S / S 218th St Improvements – S 222nd
St to 94th Pl S (Ph 2): Cast-in-place (CIP)
concrete retaining wall construction on the
south side of 218th St at the new culvert
crossing is ongoing. The north side of
Garrison Creek is complete. Removal of the
existing bridge is taking place this week. S
218th St from 93rd to 94th Pl closed on July 8
and is expected to reopen by September
30. 88th Ave from the new bridge to 218th
(up to 93rd) is paved and is now open to
traffic.
Culvert Pile Casings Cut Off to Subgrade
• Cambridge Reservoir Recoating and Fall
Protection Improvements: The exterior
POLICE PUBLIC WORKS
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finish coat is complete with small spot
repairs being completed in locations where
scaffolding standoffs were in contact with
the reservoir. Electrical work,
demobilization, and site restoration
remaining.
• 228th St. Union Pacific Railroad Grade
Separation Ground Improvements and
Embankments (Ph 4 of 5): West side water
main tie-ins are in progress. Final tie-ins for
DWF, Century-Link and MME have been
rescheduled due to material
availability. This work is currently
scheduled for Tuesday night (8/27).
Construction of the west side vertical walls
is progressing at the pace of 1 lift every 2
days. The Interurban trail was closed on
April 15. Temporary re-opening of the trail
is scheduled for Wednesday, August
21. The trail will remain open for the next
2-3 months.
Construction of Approach to the West Side
of the Bridge
• Upper Mill Creek Dam Improvements and
Diversion Structure Replacement: The 104th
Ave S closure will remain in place until
September. Placing of the diversion channel
segments is complete. The cast-in-place
sections of the diversion channel will be
constructed next season. Forming and
pouring of the stilling basin and outlet
structures are ongoing and will continue for
several weeks. PSE transmission line de-
energization scheduled for Thursday, Friday
and Saturday of this week for stilling basin
sheet pile removal.
• 2019 Asphalt Overlays: Beginning on the
night of August 26, pavement markings and
traffic signal detection loop installation will
begin. This work will be taking place at
night and expects to take 2 weeks to
complete.
• Green River Natural Resource Area (GRNRA)
Storm Water Force Main: Large diameter
storm pipe installation moving through the
parking lot between the maintenance
operations facility and Hogan Park.
Installation of the permanent traffic
markings on James St is taking place on
Tuesday, August 27. Access to the Ice
Centre via James St is now available.
• South 212th St Bridge Deck Resurface: The
first of 3 weekend closures took place last
weekend for the restoration of the bridge
deck surface. The contractor anticipates all
work to take approximately three weekends
to finish.
• Downey Farmstead Restoration Phase 2b –
Excavation: Kent City Council has
authorized the award of this project to Olson
Brothers Excavating, Inc. of Puyallup.
Contract work is scheduled to proceed on
September 4.
• Russell Road S / S 196th Street Asphalt
Overlay: Grinding and repaving the road
surface began on August 26 and will take
place at night. This work will continue for
the next 2-3 weeks at night.
• GRE West Meeker (64th & Meeker) –
Frontage improvement work on Meeker St is
underway. Impact to traffic on Meeker St
will be ongoing for several
weeks. Installation of the site’s large
detention piping system is complete.
Transportation
• The first of many Transportation Master Plan
public outreach events will be held on
Wednesday, August 28 at the Panther Lake
Library. The first round of outreach will
focus on refining the transportation goals for
Kent. Outreach events are planned around
reaching as much of our richly diverse
communities as possible.
• The web site for the Transportation Master
Plan (TMP) is now active.
www.KentTMP.com The web site includes a
calendar of upcoming TMP events, reference
documents, contact information, and will
soon include an interactive transportation
map of the city where people can provide
input on the TMP.
• The oldest traffic signal cabinet in the city
was recently replaced. The emergency
traffic signal at the corner of 140th Ave SE
and SE 256th St dated back to the 1960’s. It
was replaced with a modern traffic signal
controller.
• Flashing yellow left turn arrows were
installed for east-west left turns at the
intersection of 104th Ave SE (Benson) and
SE 248th St. This work was completed in
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advance of the YMCA opening on SE 248th
St.
• All of the school zone flashing beacons have
been programmed for the upcoming school
year.
Design
• Under Deck Lighting at James: Bids opened
July 9, apparent low bidder is Titan
Earthworks at $234,477. Engineers
estimate is $324,720. Project awarded on
Aug 20. Merge meeting with construction
scheduled for Aug 27.
• 212th East Valley Highway to 72nd: Working
with railroads to secure necessary permits
and contract conditions to accommodate by
design and/or include in the project
provisions. 60% plan review completed.
WSDOT confirmed that “no” right-of-way
certification is required.
• 4th and Willis roundabout and joint utility
relocation projects: joint utility contract
opened on Tuesday. Nine bidders with the
apparent low bidder of Rodarte Construction
Inc at $544,233. Engineers estimate is
$702,234. Merge meeting with construction
scheduled for Aug 27 -finalizing scope of
work with drainage consultant. Submitted
signal plans and channelization plans to
WSDOT for review. Complete Streets memo
submitted to Planning for review – pending
additional information regarding budget for
additional place-making/landscaping
elements.
• West Hill Reservoir: Presentation to council
and public on September 3 regarding the
transition of the property. Consultant
interview selection process completed.
Execution of consultant contracts pending
outcome of council meeting.
• Meet Me on Meeker Projects: Three projects
along Meeker are in design phase –
Complete Street with mid-block crossing
(TIB funded), frontage improvements at
Parks’ driving range, and frontage
improvements from Russell to GRE
development (PSRC funds). Project kick-off
meeting(s) to be held in the next couple
weeks. Advancing complete streets
packages.
• Skyline Sanitary Sewer: Kent School
District working with ECD for Sewer
connection. Design is coordinating efforts
with ECD. Wrapping up contract documents
with design firm to analyze the basin.
• 2020 Overlays: Working with PW operations
on locations.
Environmental
• Flood Control District – The KCFCAD
Committee agreed in principle on a letter to
the Board of Supervisors related to the 2020
Flood Control District budget, which includes
funding for Lower Russell, Milwaukee II and
Horseshoe Bend Levees. The Executive
Committee will review the proposed budget
next, with approval of the final budget by
the Board of Supervisors scheduled for
November. The Downey Farmstead Project
was approved for a Cooperative Watershed
Management Grant for approximately $50k
at the Board of Supervisors meeting on
August 21.
• Lower Russell Levee – Phase I construction
began last week, and a groundbreaking
celebration was last Thursday at the Green
River Natural Resource Area’s main
entrance. It was well attended - Mayor
Ralph spoke, along with Flood Control
District Chair, Reagan Dunn and Vice Chair
Dave Upthegrove. The $52 million project
will include a long floodwall and earthen
levee, significant habitat improvements and
a relocated Van Doren’s Park. Phase II,
which will include most of the work, is
scheduled to begin construction in 2020.
• Signature Pointe Levee – The KCFCAD
Executive Committee is scheduled to meet
on Monday August 26 to review the
Signature Pointe Levee Alternative Analysis.
This project is the last unfunded levee on
the right bank (looking downstream) in Kent
that will need improvements to be able to
be accredited by FEMA.
• WRIA 9 – Work is underway to update the
Salmon Habitat Plan, and staff met with
WRIA 9 staff on Tuesday, August 20 to
discuss potential new projects.
• NPDES Permit – three appeals were filed
related to the new permit. We are looking
into the appeals to see how or if they might
affect the city’s implementation of the
permit. The city is going to receive a
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$50,000 grant from the state Dept. of
Ecology to assist in the permit’s
implementation.
Streets
• Street Maintenance crews are paving
asphalt inlays on 108th Ave SE, 64th Ave S
and Military Rd S, as well as doing a hot
patch overlay and repairs on 135th Ave SE.
They are also setting out reader boards on
Military Rd S and hauling asphalt millings at
the East Shop. The concrete crew will be
repairing handrails on 108th Ave SE,
grinding for trip hazards on 68th Ave S,
pouring a new sidewalk on Canyon Dr and
grinding and putting ramps on sidewalks to
prepare for the removal of a broken
sidewalk on S 212th St.
• The street signs and markings team are
installing signs on S 203rd St and on SE 221st
St, installing a sign base on 80th Pl S and
maintaining signs on West Hill, East Hill, and
in school zone areas. They are also picking
up traffic control and setting out event
parking for the Russell Rd ground breaking.
The retro reflectivity crew are locating and
installing signs on 114th Ave SE, as well as
replacing and installing signs on 116th Ave
SE. The solid waste crews will be removing
debris and illegal signs on Hwy 99, Military
Rd and on 108th Ave SE, as well as
performing school zone inspections
throughout the city.
• Vegetation crews will be performing
maintenance at Kent water sites and
drainage areas city-wide. Street vegetation
is focusing on maintenance on S 208th St
and S 256th St, as well as weeding islands
on S 240th St, 4th Ave N, SE 256th St, SE Kent
Kangley Rd and at the ShoWare Center. Our
sidearm mowers will be primarily working on
roadways in the East Hill and West Hill areas
such as SE 240th St, 132nd Ave SE, SE 280th
St, 100th Ave SE, SE 224th St, SE 223rd St,
SE 222nd St, 108th Ave SE, 42nd Ave S, S
196th St, S 216th St, Riverview Blvd S and
Military Rd S before moving on to adjacent
roadways. Wetland Maintenance crews will
be performing summer maintenance at
various wetland and drainage locations and
wetland mitigation crews are doing
maintenance at Johnson Creek and at the
Green River Natural Resource Area nursery
and west wetland island, as well as working
on the levee ground breaking at Russell Rd.
They are running the irrigation systems at
Alvin’s Pond, Leber and Frager Rd Upper Mill
Creek Dam, as well as monitoring the
vegetation at those sites and on the Kent
regional trails. Weather depending, the
spray truck will be out on S 196th St, Military
Rd and on the 277th Corridor.
Water
• Water source and supply staff are working
to have a well pump and motor removed and
inspected at our Armstrong Springs source
that had started to experience a vibration.
They are also working with a potable water
diving company to clean and inspect our six-
million-gallon #1 reservoir on the Kent East
Hill. Water distribution staff are grinding the
utility cut and potholing utilities on S 252nd
Pl. at 42nd Ave. S. for our next water main
replacement project. New construction
projects continue to keep staff busy with
water main shutdowns for tie-ins, chlorine
injections, bacteriological samples and
setting new water service meters.
Storm
• Storm crews will be cleaning culverts on E
Titus St and Reiten Rd, cleaning storm lines
and removing roots on 126th Pl SE, and
cleaning lines in advance of the TV truck on
68th Ave S and S 190th St removing debris
from the pipe so that clear video can be
taken of the structure’s interior. They will be
maintaining ponds at SE 208th St, S 221st Pl
and 116th Ave SE, as well as removing roots
from the storm pond at SE 264th Pl,
assessing a ditch on S 228th St and digging
ditches on S 202nd St and Woodland Way,
installing an asphalt berm on Jason Ave N,
performing a manhole change out on 2nd Ave
N and assessing an outfall on 126th Pl SE.
Crews will also be pumping sediment from
sumps in storm structures at SE 275th Pl and
144th Ave SE and then assessing at SE 280th
St and 128th Ave S for structural and water
quality integrity per the National Pollutant
Discharge Elimination System (NPDES)
federal guidelines.
Sewer
• Sewer crews are cleaning the Frager sewer
basin on Veterans Dr N and various existing
sewer systems that have gone 8 years or
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longer since the last cleaning. They are
installing a culvert at the Lindental
easement and performing manhole change
outs on 104th Ave SE and SE 256th St for
issues found during prior inspections. They
are also TV inspecting the storm and sewer
systems on SE Kent Kangley Rd, 132nd Ave
SE, SE 256th St, 100th Pl SE, 93rd Ct S and
the Lindental easement by camera and
hauling grindings to sewer easements
throughout the City.
Fleet/Warehouse
• Fleet has 4 police vehicles at the body shop
for repairs, 2 police vehicles at the dealer for
warranty work, 15 vehicles scheduled for
services, 1 trailer in for re-decking and 1
Toro set-up for Parks. They will be walking
through with the vehicle lift vendor and
Facilities in preparation of new vehicle lifts
and repairing seasonal equipment such as
mowers, pavers, backhoes, vactors, trailers
and dump trucks; along with normal
equipment repairs.
• Warehouse staff continue with CDL training,
fulfilling work orders, maintaining supply
levels and repairing small equipment.
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DATE: September 3, 2019
TO: Kent City Council
SUBJECT: Public Hearing on the Surplus and Removal of Restrictive
Covenants on the Lannoye Property – Resolution – Adopt
MOTION: Adopt Resolution No. ____ to surplus and transfer the “Lannoye
Property” from the City’s drainage utility fund to the Parks department,
upon the utility’s receipt of $978,000, to remove any use restriction
Council may have imposed on the Lannoye Property at the time it was
originally acquired, and to authorize the Mayor to take all acts consistent
with the Resolution.
SUMMARY: Tonight is set as the public hearing to consider whether to surplus the
Lannoye Property for drainage purposes, authorize its transfer to the Parks
Department upon the utility’s receipt of $978,000, and remove any use restriction
Council may have imposed at the time the property was originally acquired.
Because the Lannoye Property is owned by the drainage utility, state law requires a
public hearing be held, and if surplus is deemed appropriate, that it be authorized
through a resolution adopted by Council. City staff recommends that the property
be surplused and transferred to the Parks Department to use as replacement
property to support conversion responsibilities triggered by the cooperative YMCA
and Morrill Meadows Park development project. In exchange, the drainage utility
will receive $978,000 from the Parks Department, which is the fair market value of
the Lannoye Property as determined by an appraisal.
The “Lannoye Property” consists of approximately 2.28 acres of land commonly
known by King County Tax Parcel Nos. 2122059122, 2122059177, and
2122059099, and located on the East Hill of Kent. At the time Council originally
authorized the purchase of the Lannoye Property in 2010, its authorizing motion
indicated the property was “to be used as a detention pond site for the East Hill
Operation Center.” To the extent this motion placed any restriction on how the
Lannoye Property could be used by the City, a separate law requires a public
hearing before that restriction can be removed.
Staff will make a presentation of the details of the surplus, property transfer, and
use restriction, and the public will be afforded an opportunity to comment. At the
close of the hearing, if the Council supports the surplus, property transfer, and
removal of restrictive covenants, it may adopt a resolution directing staff and the
Mayor to proceed accordingly.
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BUDGET IMPACT: The Public Works’ drainage utility will $978,000, which Parks
will pay using grant funds and City funds.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Sustainable Services
ATTACHMENTS:
1. Surplus Property Resolution - Lannoye Drainage Utility Property (PDF)
08/05/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
9/3/2019 7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Brenda Fincher, Toni Troutner
ABSENT: Dennis Higgins
6.A
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1 Lannoye Property – Utility Surplus and
Land Transfer to Parks Department
RESOLUTION NO. ___________
A RESOLUTION of the City Council of the
City of Kent, Washington, that: (1) declares
approximately 2.28 acres of land located on the
East Hill of Kent at 12436 SE 248th Street and
commonly known as the Lannoye Property and
identified by King County Tax Parcel Numbers
212205-9122, 212205-9177, and 212205-9099 as
surplus to the City’s drainage utility; (2) authorizes
the transfer of that surplus land from the drainage
utility to the City’s Parks, Recreation, and
Community Services Department; (3) conditions
that surplus land transfer upon the drainage
utility’s receipt of $978,000; (4) removes any use
restriction Council may have established at the
time it authorized the purchase of the Lannoye
Property for the drainage utility; and (5) authorizes
the Mayor to take all other actions, and sign all
documents as may be necessary, to fully
implement the terms of this resolution and to effect
the Lannoye Property’s administrative transfer from
the City’s drainage utility to the City’s Parks,
Recreation, and Community Services Department.
RECITALS
A. On December 14, 2010, the Kent City Council authorized the
purchase of land known as the “Lannoye Property” for $702,000. The
Lannoye Property is approximately 2.28 acres in size, located at 12436 SE
248th Street in Kent, and identified by King County Tax Parcel Numbers
212205-9099, 212205-9122, and 212205-9177. At the time Council
authorized the land purchase, it provided that the Lannoye Property was “to
be used as a detention pond site for the East Hill Operation Center.” The
property has been owned and held by the drainage utility since its acquisition
by the City.
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B. On October 17, 2017, the Kent City Council adopted Resolution
No. 1949 that declared as surplus a portion of Morrill Meadows Park to
support a joint development project with the YMCA of Greater Seattle
(“YMCA”), and authorized the Mayor to take all actions necessary to remove
use restrictions imposed by the state Recreation and Conservation Office
(“RCO”) from that portion of Morrill Meadows Park and East Hill Park that
were either going to be transferred to the YMCA in fee or used in ways that
were inconsistent with original grant conditions imposed by RCO. Removing
those RCO use restrictions required that the City provide replacement
property deemed suitable by RCO.
C. After Council authorized the surplus of a portion of Morrill
Meadows Park and East Hill Park and supported advancement of the joint
development project with the YMCA, City staff began discussing ways in
which the City could most economically satisfy its conversion responsibilities
to RCO. In early 2018, Public Works staff raised the Lannoye Property as a
possible site that could be made available to the City’s Parks, Recreation, and
Community Services Department (“Parks Department”) given the lack of City
funding to support construction of a new East Hill Operations Center.
D. City staff obtained an appraisal on April 25, 2018, valuing the
Lannoye Property at $978,000. If accepted by Council, Public Works agreed
to transfer the Lannoye Property out of the drainage utility in exchange for
the Parks Department’s payment to the utility of the appraised value as
determined by this appraisal. With this information, Parks staff began more
formal discussions with RCO staff to determine the suitability of the Lannoye
Property as replacement property. The City and RCO have since agreed that,
if declared surplus by the City Council, the Lannoye Property would be
suitable replacement property to meet the City’s conversion responsibilities
triggered by the joint development project with the YMCA at Morrill Meadows
Park. The Parks Department proposes to pay for the Lannoye Property using
6.A.a
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3 Lannoye Property – Utility Surplus and
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both grant funds and capital funds it received through the joint Morrill
Meadows Park and YMCA development project.
D. Pursuant to RCW 35A.11.010, the City is authorized to dispose
of real property for the common benefit. When property was originally
acquired for public utility purposes, RCW 35.94.040 requires that the City
determine, after a public hearing and by resolution of the City Council, that
the public utility property is surplus to the City’s needs and should be leased,
sold, or conveyed. This statutory process for the surplus of utility property
exempts this land exchange transaction from the local surplus process
otherwise provided for by Chapter 3.12 of the Kent City Code.
E. Additionally, RCW 35A.21.410 requires a public hearing before
Council may authorize removal of a restrictive covenant. The purpose of the
Lannoye Property’s original acquisition was stated by Council “to be used as a
detention pond site for an East Hill Operation Center.” While the City does
not believe this stated purpose rises to the level of a restrictive covenant for
purposes of RCW 35A.21.410, a public hearing was already required before
Council could consider whether to surplus the Lannoye Property as utility
property. Therefore, a public hearing to contemporaneously remove any use
restriction that may exist with respect to the Lannoye Property for purposes
of RCW 35A.21.410 was also scheduled. The City combined these public
hearings to occur together and set September 3, 2019, as the public hearing
date. Notice was posted and a press release issued inviting all interested
members of the public to the public hearing to learn more about the land
exchange transaction and to speak in support or opposition of the utility
property’s surplus and the removal of restrictive covenants.
F. Because the Lannoye Property was never put to its intended use
as a detention pond site for an East Hill Operation Center, the City’s State
Environmental Policy Act (SEPA) Responsible Official determined the property
transfer was exempt from SEPA review.
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4 Lannoye Property – Utility Surplus and
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G. Having complied with the statutory procedures and provisions to
surplus City utility property and remove restrictive covenants from public
land, the Kent City Council has determined that it is appropriate and timely
to surplus the Lannoye Property; to authorize the Mayor to take all steps and
sign all deeds and other documents necessary to transfer the Lannoye
Property from the City’s drainage utility to the City’s Parks Department upon
the utility’s receipt of $978,000, which represents the property’s appraised
value at the time staff agreed to pursue approval from both the RCO and the
Kent City Council to authorize the property’s transfer to satisfy conversion
responsibilities; and to remove all restrictive covenants to allow the Lannoye
Property to be used as replacement property to satisfy the City’s conversion
responsibilities to RCO.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Recitals Incorporated. The foregoing recitals are
incorporated into the body of this resolution and constitute the findings of the
Kent City Council on this matter.
SECTION 2. – Public’s Best Interest. It is in the public’s best interest
that the City proceed with the land exchange transaction provided for by this
resolution in support of the joint Morrill Meadows Park and YMCA
development project to satisfy conversion responsibilities the City owes to
RCO by supplying suitable replacement property.
SECTION 3. – Property Deemed Surplus. After the giving of timely
notice as required by RCW 35.94.040, a public hearing was held on
September 3, 2019, at a regular meeting of the Kent City Council, to evaluate
whether the Lannoye Property, owned by the City’s drainage utility, should be
declared surplus and transferred to the City’s Parks, Recreation, and
Community Services Department upon the utility’s receipt of the property’s
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5 Lannoye Property – Utility Surplus and
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fair market value of $978,000, as determined by an appraisal dated April 25,
2018. Having given due consideration, Council declares as surplus the
Lannoye Property, legally described and depicted in the attached and
incorporated Exhibit A, and authorizes the Mayor to take all steps necessary,
and to sign all documents required, to convert and transfer the Lannoye
Property from the drainage utility to the City’s Parks Department.
SECTION 4. – Consideration to be Paid. The Council finds and declares
that the sum of $978,000 the drainage utility will receive from the City’s
Parks Department represents the Lannoye Property’s fair market value, as
determined by an appraisal obtained on April 25, 2018, when the two City
departments agreed to transfer the property to the Parks Department in
support of the joint Morrill Meadows Park and YMCA development project,
conditioned on Council’s agreement to surplus the property, and RCO’s
agreement to accept the property as suitable replacement property.
SECTION 5. – Removal of Restrictive Covenants. After due
consideration, Council hereby declares that any use restriction that Council
may have imposed at the time it authorized the Mayor to purchase the
Lannoye Property that may qualify as a restrictive covenant for purposes of
RCW 35A.21.410 is hereby released, and upon the property’s transfer to the
Parks Department, the Lannoye Property may be used as the Parks
Department determines is appropriate, including as replacement property to
satisfy any conversion responsibilities owed to RCO. The Mayor is expressly
authorized to sign any document that places a substitute restrictive covenant
on the Lannoye Property, once fee title is held by the Parks Department, in
favor of RCO or any other grant agency, with terms and conditions as the City
Attorney and Parks Director may determine are appropriate.
SECTION 6. – Ratification and Authorization. With its adoption of this
resolution, Council ratifies all acts consistent with the authority of this
resolution and prior to its passage, and authorizes the Mayor to take all acts
necessary, and to sign documents required, to implement, fulfill, and
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6 Lannoye Property – Utility Surplus and
Land Transfer to Parks Department
otherwise carry out the terms of this resolution, subject to final terms and
conditions as the City Attorney may determine are appropriate and consistent
with the authority granted herein.
SECTION 7. – Severability. If any one or more section, subsection, or
sentence of this resolution is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this resolution
and the same shall remain in full force and effect.
SECTION 8. – Corrections by City Clerk. Upon approval of the city
attorney, the city clerk is authorized to make necessary corrections to this
resolution, including the correction of clerical errors; resolution, section, or
subsection numbering; or references to other local, state, or federal laws,
codes, rules, or regulations.
SECTION 9. – Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
6.A.a
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7 Lannoye Property – Utility Surplus and
Land Transfer to Parks Department
EXHIBIT A
PARCEL A:
The West 173.2 feet of the South 264 feet of the East half of the West half of
the Southwest quarter of the Northeast quarter of Section 21, Township 22
North, Range 5 East, W.M., in King County, Washington;
EXCEPT the East 79.01 feet thereof;
AND EXCEPT that portion lying South of the North margin of Southeast 248th
Street, as established by deed recorded under Recording No. 5845351;
Parcel No. 212205-9099
PARCEL B:
The East 79.01 feet of the West 173.2 feet of the South 264 feet of the East
half of the West half of the Southwest quarter of the Northeast quarter of
Section 21, Township 22 North, Range 5 East, W.M., in King County,
Washington;
EXCEPT that portion lying South of the North margin of Southeast 248th
Street, as established by deed recorded under Recording No. 5845351;
Parcel No. 212205-9122
PARCEL C:
The South 264 feet of the East half of the West half of the Southwest quarter
of the Northeast quarter of Section 21, Township 22 North, Range 5 East,
W.M., in King County, Washington;
EXCEPT the West 173.2 feet thereof;
AND EXCEPT that portion lying South of the North margin of Southeast 248th
Street, as established by deed recorded under Recording No. 5845351;
ALSO the East 15 feet of the South 909 feet of the West half of the
Southwest quarter of the Northeast quarter of said Section 21;
EXCEPT the South 264 feet thereof;
ALSO the East 30 feet of the West half of the Southwest quarter of the
Northeast quarter of said Section 21;
EXCEPT the South 909 feet thereof;
Parcel No. 212205-9177
Situate in the County of King, State of Washington.
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6.A.a
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DATE: September 3, 2019
TO: Kent City Council
SUBJECT: Public Hearing on the Surplus of the Kronisch Property –
Resolution – Adopt
MOTION: Adopt Resolution No. ____ to surplus and transfer the “Kronisch
Property” from the Parks Department to the City’s water utility, upon the
Parks Department’s receipt of fair market value to be determined by an
appraisal, and to authorize the Mayor to take all acts consistent with the
Resolution.
SUMMARY: Tonight is set as the public hearing to consider whether to surplus the
Kronisch Property for park purposes, and authorize its transfer to the water utility
upon the Parks Department’s receipt of fair market value for the property to be
determined by an appraisal.
This property is located at Military Road and South 248th Street and is needed to
construct a water reservoir to address a water storage and fire flow deficiency on
the West Hill. The reservoir will ensure that residents and businesses have
adequate water supply during peak demand, and provide the necessary fire flow
storage for fighting fires. The additional water storage will also enable future
development and redevelopment on the West Hill.
The undeveloped City-owned Kronisch Property was selected due to its location at
the highest feasible elevation to provide adequate water pressure to the largest
feasible service area. The Kronisch Property is currently comprised of trees and
grass and does not contain any park developments or recreation facilities. The
proposed water tank will fill the undeveloped open space. The existing sidewalk
which traverses the southern portion of the site will remain to provide pedestrian
connectivity through the site to the adjacent streets and the nearby elementary
school.
Staff will make a presentation of the details of the surplus and property transfer,
and the public will be afforded an opportunity to comment. At the close of the
hearing, if the Council supports the surplus and property transfer, it may adopt a
resolution directing staff and the Mayor to proceed accordingly.
BUDGET IMPACT: Costs for the property transaction will be paid for out of
budgeted project funds.
6.B
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SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Sustainable Services
ATTACHMENTS:
1. Surplus Property Resolution - Kronisch Park Property (PDF)
08/05/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
9/3/2019 7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Brenda Fincher, Toni Troutner
ABSENT: Dennis Higgins
6.B
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1 Kronisch Park – Declaration of Surplus
And Transfer to Water Utility
RESOLUTION NO. ___________
A RESOLUTION of the City Council of the City
of Kent, Washington, that: (1) declares the Kronisch
Property, located at Military Road and South 248th
Street, and identified by King County Tax Parcel
Numbers 125320-0015, 125320-0075, and 125320-
0070 as surplus to the City’s Parks, Recreation, and
Community Service Department; (2) authorizes the
transfer of that surplus land to the City’s water
utility; (3) conditions that surplus land transfer upon
the water utility’s payment of the fair market value
of the property to be determined by a future
appraisal; (4) authorizes the Mayor to take all other
actions, and sign all documents as may be
necessary, to fully implement the terms of this
resolution and complete the Kronisch Property’s
administrative transfer from the City’s Parks,
Recreation, and Community Services Department to
its water utility; and (5) ratifies all acts, and
authorizes the Mayor to take all actions, consistent
with the terms of the resolution.
RECITALS
A. On October 15, 1991, the Kent City Council authorized the
purchase of land, currently known as Kronisch Park and located at Military
Road and South 248th 24811 38th Avenue South, for $74,500. Kronisch Park is
approximately 28,435 square feet in size and commonly known by King County
Tax Parcel Numbers 125320-0015, 125320-0075, and 125320-0070. Kronisch
Park is currently unimproved and undeveloped open space.
B. City staff has been attempting to locate property to house a new
water reservoir on the West Hill of Kent to address a water shortage and fire
flow deficiency. A new reservoir will ensure that residents and businesses have
adequate water supply during peak demand and will enable future
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And Transfer to Water Utility
development and redevelopment of the West Hill. Finding a suitable location
has been challenging for City staff given the elevation required for the water
reservoir and limited space available on the West Hill. Kronisch Park was
identified as a viable location because it is currently undeveloped and the Parks
Department does not have any development plans for the park in the
foreseeable future.
C. In exchange for Kronisch Park, the water utility would reimburse
the City’s Parks, Recreation and Community Services Department (“Parks
Department”) fair market value to be determined by a qualified appraiser. The
Parks Department is currently working to obtain an appraisal, but it’s
anticipated that Kronisch Park is estimated to be valued around $500,000.
D. Pursuant to RCW 35A.11.010, the City is authorized to dispose of
real property for the common benefit. While no statutes govern the process
through which parks property may be declared surplus and sold, the City has
established a local process through Chapter 3.12 of the Kent City Code, which
includes a public hearing after 20 days advance notice of that hearing has been
posted, mailed, and published inviting all interested members of the public to
the public hearing to learn more about the property transaction and to speak
in support or opposition to the property’s surplus. In accordance with Chapter
3.12 of the Kent City Code, proper notice was given and September 3, 2019,
was set as the public hearing date.
E. The City’s State Environmental Policy Act (SEPA) Responsible
Official has determined that the transfer of Kronisch Park to the water utility
from the parks department does not trigger SEPA review. SEPA review was
conducted concerning the added water reservoir use and its walking path will
remain as described.
F. Having complied with the statutory procedures and provisions to
surplus City real property, the Kent City Council has determined that it is
appropriate and timely to surplus Kronisch Park and to authorize the Mayor to
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And Transfer to Water Utility
take all steps and sign all documents necessary to transfer Kronisch Park from
the City’s Parks Department to the City’s water utility, upon the procurement
of an appraisal assessing the fair market value of Kronisch Park and the Parks
Department’s receipt of that value in cash.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Recitals Incorporated. The foregoing recitals are
incorporated into the body of this resolution and constitute the findings of the
Kent City Council on this matter.
SECTION 2. – Public’s Best Interest. It is in the public’s best interest
that the City proceed with the land exchange transaction provided for by this
resolution in support of the water utility’s operation and provision of services
to the public.
SECTION 3. – Property Deemed Surplus. After the giving of timely
notice as required by Chapter 3.12 KCC, a public hearing was held on
September 3, 2019, at a regular meeting of the Kent City Council, to evaluate
whether Kronisch Park should be declared surplus and transferred to the City’s
water utility. Having given due consideration, Council declares Kronisch Park,
as legally described and depicted in the attached and incorporated Exhibit A,
as surplus and authorizes the Mayor to take all steps necessary, and to sign all
documents required, to convert and transfer Kronisch Park from the Parks
Department to the water utility.
SECTION 4. – Consideration to be Paid. The Council finds and declares
that the water utility shall remit to the Parks Department a sum equal to the
fair market value of Kronisch Park to be determined by a qualified appraiser
retained by the Parks Department.
6.B.a
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4 Kronisch Park – Declaration of Surplus
And Transfer to Water Utility
SECTION 5. – Ratification and Authorization. With its adoption of this
resolution, Council ratifies all acts consistent with the authority of this
resolution and prior to its passage, and authorizes the Mayor to take all acts
necessary, and to sign documents required, to implement, fulfill, and otherwise
carry out the terms of this resolution, subject to final terms and conditions as
the City Attorney may determine are appropriate and consistent with the
authority granted herein.
SECTION 6. – Severability. If any one or more section, subsection, or
sentence of this resolution is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this resolution
and the same shall remain in full force and effect.
SECTION 7. – Corrections by City Clerk. Upon approval of the city
attorney, the city clerk is authorized to make necessary corrections to this
resolution, including the correction of clerical errors; resolution, section, or
subsection numbering; or references to other local, state, or federal laws,
codes, rules, or regulations.
SECTION 8. – Effective Date. This resolution shall take effect and be in
force immediately upon its passage.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
6.B.a
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5 Kronisch Park – Declaration of Surplus
And Transfer to Water Utility
EXHIBIT A
Lots 3, 14 and 15, Block 1, Burkland's First Addition, according to the plat
thereof recorded in Volume 61 of Plats, page 28, records of King County,
Washington;
Except the North 30.07 feet of said Lot 3.
Situate in the County of King, State of Washington.
6.B.a
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Pending Approval
City Council Workshop
Workshop Regular Meeting
Minutes
August 20, 2019
Date: August 20, 2019
Time: 5:00 p.m.
Place: Chambers
I. CALL TO ORDER
Attendee Name Title Status Arrived
Dennis Higgins Councilmember Present
Les Thomas Councilmember Present
Bill Boyce Council President Present
Dana Ralph Mayor Present
Satwinder Kaur Councilmember Present
Brenda Fincher Councilmember Present
Toni Troutner Councilmember Present
Marli Larimer Councilmember Present
II. PUBLIC PORTION
1. Lunar Rover
Terry Jungman, Parks Planning and Development Manager, presented
information on the Kherson Park Renovation.
Jungman reviewed the history of Kherson Park, including the naming of the
park and past renovations.
Project Goals include:
Making sure the Park reflects the needs of the community
Activate downtown Kent in a positive way
Celebrate aero and outer space innovation that is home to Kent
Good urban park design
Early concepts of things that could have a good place inside the park:
Community gathering space
Lunar rover Replica and Astronaut
Children's play area
Day-time picnicking
Pilot a lighting program in downtown parks - Night-time lighting
Wall mural and potential for projection onto the wall
Overall Timeline that is in line with the fundraising:
Planning - Summer 2019- Fall 2019
Design, permitting, bidding - Winter 2020- Winter 2021
Construction - Spring 2021-Spring 2022
Public Meetings/Events
August 24 - Kent Farmer's Market
8.A.1
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City Council Workshop Workshop Regular
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August 20, 2019
Kent, Washington
Page 2 of 6
September 5 - Public Meeting at the Centennial Center
September 24 - Public Meeting at Green River Community College
Kent Station Campus
There is currently an online survey available for the public to complete at
KentWA.gov/KhersonPark.
Michelle Wilmot, Economic Development Project Manager, presented
information on the Campaign to Land Kent Valley's Next Lunar rover.
Wilmot advised that this is an unprecedented effort for the City and Kent
Downtown Partnership, we have partnered on a capital campaign to raise
$1.2 million to land Kent Valley’s Next Lunar Rover. Given the region’s
historic role in the Apollo Program and interest generated this summer by the
50th anniversary of Apollo 11, the timing presents a unique opportunity to
involve the region and community in fundraising for this park. The public
relations activities associated with this project helps build awareness and
build community pride much more so than simply funding and building this
park on our own.
We have an official agreement with the Kent Downtown Partnership as our
fiscal sponsor, which provides donors the opportunity to receive tax
deductions and allows the campaign access to critical corporate matching
funds given the likely corporate support we anticipate. They are in turn
thrilled about bringing a unique, historically significant amenity to downtown.
This year has been dedicated to building the infrastructure for a capital
campaign to provide confidence critically important for donors when
fundraising at this level - while also building awareness with the help of
media.
That infrastructure includes the work of Betsey Curran, a capital campaign
consultant. Born and raised in Kent, Betsey has a proven record of success.
She helped raise over $100 million for McCaw Hall, and many millions more
for the Seattle Parks Foundation. Given her local roots, experience and
expertise, she’s the right person to help bring this project over the finish line.
Besides developing the campaign logo and branding, we’ve also utilized a
new on-line giving platform at ApolloLunarRover.com which brings the
process into the 21st century, with automated database building, donor
tracking, receipt generation, events management, etc.
While we’re aiming to celebrate our region’s role in the Apollo program, and
as all the media this summer attests to it, our region loves space, given the
concentration of local people involved. Blue Origin is leading the resurgence
8.A.1
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City Council Workshop Workshop Regular
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Minutes
August 20, 2019
Kent, Washington
Page 3 of 6
of the space sector in our state, and is on track to be Kent’s largest private
employer. By celebrating Kent’s continuing legacy of innovation, we hope to
inspire children - tomorrow’s workforce - to pursue out of this world
opportunities - opportunities that are available to them today - right here.
Kent’s Lunar Rovers are now Historic Landmarks. With regional stakeholders
supporting the effort, we have a larger, influential network of individuals to
help build out the campaign leadership committee.
Support came from NASA, the Boeing Company, the national Apollo lunar
landing sites preservation group, For All Moonkind out of WA DC, from our
local legislative delegation, from the CEOs of the Museum of Flight and the
Aerospace Futures Alliance, from Lunar Rover alumni, and from leadership
within Blue Origin.
Wilmot provided details on the fundraising:
Seed funding phase components:
· Build on/demonstrate support for project
· Recruit campaign leadership, partners, endorsers
· Identify/solicit seed funding gifts
· Plan early conceptual design reveal event this fall
Major Gifts Campaign: 80% of total funding comes during this phase
· Assemble campaign leadership to secure major gifts
· Submit written grant proposals to appropriate corporate and foundation funders
· Unveil LR replica and initial conceptual designs a public event this fall
· Designation a temporary space downtown to meet donors, site visits
· Host Milestone events
· Plan community gifts campaign
Community Gifts campaign:
· Plan event to announce completion of major gifts campaign
· Ongoing grant proposal submission
· Plan/select vendors to design/install donor recognition at park
· Secure sponsorships to underwrite park opening celebrations
· Plan/implement park opening celebrations
This project matters. As jobs and opportunities in aerospace and stem fields
explode in South King County and Washington State there is a startling
educational disconnect for kids in the Kent Valley
The Kent Lunar Rover Campaign aims to build an inspirational, hands-on
experience for kids and their parents to learn more about the Kent Valley’s
aerospace legacy. By placing this opportunity in a public park, accessible to
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City Council Workshop Workshop Regular
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August 20, 2019
Kent, Washington
Page 4 of 6
all, you can spark the imagination of many more kids and help them
understand how this relates to them. The many partners and leaders joining
this campaign are excited to do their part to address this challenge.
Big dreams get big money…so take a moment to imagine what’s possible in a
Kent Valley Interactive Space-Age Park.
2. TMP Multimodal Level of Service and Model Development
April DelChamps, Senior Transportation Planner, provided an introduction on
the update to the Transportation Master Plan.
Consultants, Emily Alice Gerhart, Senior Transportation Planner at Fehr &
Peers and project manager Kendra Breiland presented information as follows:
Project Overview:
· Vision, goals and objectives
· Existing & future conditions
· Needs Assessment
· Development of Transportation Solutions
· Project Prioritization
· Implementation Plan
Phase 2 Timeline:
· Provide updates to elected officials and committees
· Outreach events and targeted outreach
· Provided details on timeline from Summer, 2019 through Winter 2019 - 2020
The overarching principle of public outreach is to develop a Transportation
Master Plan that reflects the diverse perspectives and transportation needs of
the community. Initial outreach objectives include sharing draft
transportation goals and gather feedback.
The initial outreach events were reviewed, and council provided additional
events to consider. Outreach will continue through the end of September.
Work to develop a Transportation Advisory Board that will meet five times
during the project, has begun.
Additional public outreach efforts include:
· Developing an interactive web map
· Pop-up events
Phase 3:
Draft Goals:
1. Stewardship
2. Strategy
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City Council Workshop Workshop Regular
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August 20, 2019
Kent, Washington
Page 5 of 6
3. Connectivity
4. Placemaking
5. Quality of Life
DelChamps provided details on how input on the goals will be obtained,
including looking and asking which goals are important
Multi Modal Level of Service Policy Development:
Brieland indicated the City’s TMP focuses on cars, not other multi modal
levels of service and that the updated TMP will utilize layered networks:
· Focuses on components of network
· Downtown - park, walk
· Industrial valley - focus
· Accommodate all modes of transportation in Kent
· Provide the safest and most comfortable levels of service
Project List Development - improve meaningful travel through Kent:
Source of Projects (projects in adopted city plans and programs, safety,
community desires, MMLOS: vehicle, pedestrian, bicycle, transit)
· Expanded/unprioritized project list
· Prioritize base on transportation goals
· Funding constraints
· Prioritized project list
Need to provide staff with guidance on how to move forward - start
prioritization process. DelChamps advised staff will consider where are safest
and best places for certain modes of transportation. Staff will use goals to
review project idea - which help advance goals the most.
Phase 3 will include:
· Outreach & Updates for Elected Officials
· Outreach Events & Targeted Outreach
· Spring of 2020 - working to draft financial plan, work with TAB
· Summer 2020 - Draft TMP, Transportation Impact Fees development,
Concurrency workshop
· Fall 2020 - Draft Transportation Master Plan document approval
· Concurrency & Transportation Impact Fees Approval
DelChamps indicated one of the elements of the TMO will include looking at
truck routes, best practices, and how to implement changes.
This TMP’s single list of projects will be multi model that ranks them
together.
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City Council Workshop Workshop Regular
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August 20, 2019
Kent, Washington
Page 6 of 6
Meeting ended at 6:15 p.m.
Kimberley A. Komoto
City Clerk
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Pending Approval
Kent City Council
City Council Regular Meeting
Minutes
August 20, 2019
Date: August 20, 2019
Time: 7:00 p.m.
Place: Chambers
1. CALL TO ORDER / FLAG SALUTE
Mayor Ralph called the meeting to order.
2. ROLL CALL
Attendee Name Title Status Arrived
Toni Troutner Councilmember Present
Marli Larimer Councilmember Present
Bill Boyce Council President Present
Dana Ralph Mayor Present
Satwinder Kaur Councilmember Present
Dennis Higgins Councilmember Present
Les Thomas Councilmember Present
Brenda Fincher Councilmember Present
3. AGENDA APPROVAL
A. Approve the agenda as presented
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
4. PUBLIC COMMUNICATIONS
A. Public Recognition
1. Proclamation for Children's Therapy Center Day
Mayor Ralph presented the Proclamation for Children's Therapy Center Day
to the Chief Executive Officer, Barry Gourley, and Board President, Rita
Schwarting. Gourley expressed his appreciation of the proclamation and
thanked the Council for their support.
2. Recognition of Rosewood Neighborhood Council
Toni Azzola, Neighborhood Programs Coordinator, provided details regarding
the City's neighborhood program. Mayor Ralph and Azzola recognized the
Rosewood Neighborhood Council as the City's 47th Neighborhood Council.
Visit KentNeighborhoodProgram.com for details regarding the program.
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
August 20, 2019
Kent, Washington
Page 2 of 10
3. Appointment to Cultural Communities Board
Mayor Ralph recognized Caitlin Konya as her recommendation to be
appointed to the Cultural Communities Board. Konya expressed her
appreciation for being appointed to the board. Konya expressed her desire to
learn in order to better serve the community and eventually be a social
worker.
B. Community Events
Council President Boyce provided details on recent and upcoming events at
the accesso ShoWare Center.
Councilmember Fincher advised of upcoming Parks Spotlight Series Events
and the Rock 'n Roll Choir Concert Fundraiser that will be held on August 22,
2019 at the Kent Senior Center.
C. Public Safety Report
Chief Padilla provided an update on public safety in the City of Kent.
Chief provided a brief background on each of the officers being sworn in
tonight. Mayor Ralph performed the swearing in of lateral Officer Beau
Mattheis, entry level Officers Vincent Alatorre and Jason Windham.
Lifesaving Awards
Chief Padilla presented Officer Patrick Baughman with the Chief’s Plaque and
Lifesaving Medal and Certificate.
On April 17, 2019, Officers were dispatched to a shooting at Plaza Fruit and
Produce on Pacific Highway South. Dispatch advised a male subject was on
the ground with a gunshot wound to his leg.
Officer Baughman arrived on scene and found the victim with a gunshot
wound to his right leg. Officer Baughman noted the victim had already lost
quite a bit of blood. Officer Baughman acted quickly and applied a tourniquet
to the victim’s leg to stop the loss of blood. King County Medics arrived on
scene and immediately took over life saving measures, then transported the
victim to Harborview Medical Center. The victim survived the injury.
King County Medics advised that the victim had extensive arterial bleeding
from his femoral artery and it was a life threatening vascular injury.
Officer Baughman is being commended for his quick response in application
of the tourniquet which Medics advised no doubt saved the victim’s life.
Chief Padilla presented Officer Robert Curl and Officer Jordan Axelson with
the Chief’s Plaque and Lifesaving Medal and Certificate.
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Kent City Council City Council Regular Meeting
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August 20, 2019
Kent, Washington
Page 3 of 10
On June 20, 2019, Officer Curl responded to the 911 call of a possible heroin
overdose with an unresponsive male. Officer Curl evaluated the victim, who
was lying in a patch of beauty bark, unresponsive and had his eyes rolled
back. Officer Curl started chest compressions and CPR.
Officer Axelson arrived approximately two minutes later and retrieved his
AED from his Patrol vehicle. Officer Axelson administered a dose of NARCAN
to the victim, while Puget Sound Regional Fire Department personnel arrived
and took over CPR.
Officer Curl administered another dose of NARCAN at the request of Puget
Sound Regional Fire Department.
Their Efforts resulted in the victim regaining consciousness and breathing by
the time he was transported to the hospital.
Officer Axelson is being commended for his quick response and actions which
directly resulted in saving this victim’s life.
Officer Curl is being commended for his quick response and actions which
directly resulted in saving this victim’s life.
Crime Data Update
Chief Padilla provided a crime data report that was prepared by the
Washington Association of Sheriffs and Police Chiefs.
Chief Padilla provided an update on the Police Department’s efforts to reduce
Human Trafficking.
Chief Padilla invited the public to attend a Community Barbeque that will be
held on August 31, 2019 from 1 - 5 p.m. at the Mosaic Hills Apartments,
10811 SE 238th Place. This event is a partnership between the Police
Department and the Redeemed by the Blood Pentecostal Church of God in
Christ. There will be vendors, the YMCA, and community services.
The next Coffee with the Chief will be held on September 5, 2019 from 8-9
a.m. at the McDonald's located at 10125 SE 256th Street.
Mayor and Council expressed their appreciation of the work of the police
department.
5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Mayor's Report
Mayor Ralph serves on the South County Area Transportation Policy Board.
Today’s meeting included a roundtable with 47th Legislative District
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Kent City Council City Council Regular Meeting
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August 20, 2019
Kent, Washington
Page 4 of 10
Representative Debra Entenman, 33rd Legislative District Representative Mia
Gregerson. The roundtable was an opportunity to have dialog around
transportation challenges in the south end and current large projects. There
was also discussion on siting a second regional airport.
Mayor Ralph hosted the first “Kent Walks” last week in the Misty Meadows
neighborhood on the East Hill. Mayor Ralph, Chief Padilla, Public Works staff,
and Neighborhood Coordinator, Toni Azzola discussed resident's concerns.
The next Kent Walks will be on August 28, 3019 at the Saltair Hills
neighborhood on the West Hill.
Mayor Ralph advised that King County has granted $1.4 million to the Kent
Senior Activity Center. The center will become a senior hub that serves as
the recognized resource center on aging services, and provides support,
outreach, connection, and social engagement for the diverse population of
seniors who live in Kent and other areas of South King County.
The next Coffee and Conversation with the Mayor will be held at 9 a.m. on
August 27th at the Panther Lake area Starbuck's.
B. Chief Administrative Officer's Report
Chief Administrative Officer, Derek Matheson advised that his written report
is in today's agenda packet and there is an Executive Session to discuss
property acquisition and litigation that is expected to last for 20 minutes with
no action anticipated.
C. Councilmember's Reports
Council President Boyce provided a recap of the two workshop presentations
tonight on the Lunar Rover campaign and Transportation Master Plan.
Councilmember Troutner serves on the Sound Cities Association Regional
Law, Safety and Justice Committee. During the last meeting the committee
heard a presentation on the adult and family justice center being built in
Seattle.
Troutner serves as an alternate on the King County Flood Control District.
During the last meeting, the board made recommendations for consideration.
One of the biggest projects to receive funding was the Lower Russell Road
Levy Project. There will be a ground breaking on August 22nd at 10 a.m. at
Van Doren's Landing. The project will provide flood control in the Valley and
provide recreation and salmon habitat.
Councilmember Troutner chairs the City’s Public Safety Committee. Troutner
suggested the public visit Kentwa.gov to read the details of the meeting in
the minutes and to also view the photos and video from National Night Out
events.
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
August 20, 2019
Kent, Washington
Page 5 of 10
Councilmember Fincher chairs the City’s Parks and Human Services
committee. During the last meeting, there was discussion regarding funding
and programming for human services.
Fincher advised of the Kent Parks Recreation Guide for Fall 2019 programs is
available at KentWA.gov.
Councilmember Higgins chairs the City’s Public Works Committee and
advised details can be found in the minutes at KentWA.gov.
Councilmember Troutner serves on the Puget Sound Regional Fire Authority
Governance Board. Troutner recently attended an accreditation public
hearing in Atlanta with fire personnel. Troutner congratulated the Puget
Sound Regional Fire Authority for receiving accreditation.
Councilmember Thomas serves on the Puget Sound Regional Fire Authority
Governance Board that meets on August 21, 2019 at 5:30 p.m. at Station
74.
6. PUBLIC HEARING
None
7. PUBLIC COMMENT
Bruce and Erica Anderson, Kent residents, spoke in opposition of the
proposed placement of the water tower on the Kent West Hill. The site is
near a cliff and expressed concerns over the ability of National Guard
helicopters landing in the park. Bruce Anderson suggested building the
tower on a flat, level site and suggested the Kronish site.
Camilla Fogle, a Kent resident, expressed her concern of the process used
to enact parking changes. Fogle requested the City use a different process
in the future and not just make changes when requested by a few
residents, rather than the majority of the neighbors.
Fogle also spoke in favor of the plastic bag ban ordinance.
Todd Minor, a Kent resident, provided reflection and recognition to the
Council. Minor indicated the Council did a good job of creating
opportunities for people to obtain information. Minor indicated the
community has common concerns over safety, homelessness, and taxes.
Minor suggested the Council take feedback and create a forum to address
concerns.
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
August 20, 2019
Kent, Washington
Page 6 of 10
Parminder Kaur and Gurcharn Singh expressed concerns over issues with
their home they purchased. Issues included home inspection violations.
Mayor advised city staff will work with Kaur and Singh to address
concerns.
Holly Chisa, a resident of Thurston County and representative of the
Northwest Grocery Association, spoke in support of the plastic bag ban.
The Ordinance is almost identical to the state's version that did not pass.
Chisa provided details on reusable plastic bags.
Marisol Diaz, a resident of Seattle and staff member at Zero Waste
Washington, a statewide non-profit working on plastic, recycling and
other waste issues. Diaz spoke in support of the plastic bag ordinance.
Kim Fisher, a Covington resident, spoke in support of the plastic b ag
ordinance.
Hoa Pantastico, a Kent resident, spoke in support of the plastic bag
ordinance.
Dan Streiffert, a Kent Resident and Conservation Chair with Rainier
Audubon Society, spoke in support of the plastic bag ordinance.
Abbe Gloor, a Kent resident, spoke in support of the plastic bag ordinance
and presented the Council with pledges by kids that made reusable bags
out of t-shirts and their pledge to keep Kent and the Puget Sound clean,
in addition to over 200 signatures from Kentwood High School students
that are in favor of the plastic bag ordinance.
Tim Brown, a Kent resident, spoke in opposition to the plastic bag
ordinance and suggested a ban be done on a statewide level.
Christopher Clair, a Kent resident spoke in support of the plastic bag
ordinance and also expressed his appreciation of the municipal art on the
traffic controller boxes.
Catherine Olver, a Kent resident spoke in support of the plastic bag
ordinance.
Chrissy Cooley, a Tacoma resident, spoke in support of the plastic bag
ordinance. Cooley worked with the City of Tacoma on adopting a plastic
bag ordinance. Tacoma distributed 50,000 reusable bags to those
disproportionately affected by the ban.
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
August 20, 2019
Kent, Washington
Page 7 of 10
8. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
A. Approval of Minutes
1. City Council Meeting - City Council Regular Meeting - Aug 6, 2019 5:00
PM
B. Rosewood Place Neighborhood Council - Resolution - Adopt
MOTION: Adopt Resolution No. ________, recognizing the
Rosewood Place Neighborhood Council, supporting its
community building efforts, and conferring on it all
opportunities offered by the City's neighborhood program.
C. Appointment to the Kent Cultural Communities Board - Confirm
MOTION: Confirm the appointment of Caitlin Konya to the Kent
Cultural Communities Board, filling a vacancy that will expire
on July 31, 2020.
D. Perkins Building Lease Agreement for City Storage - Authorize
MOTION: Authorize the Mayor to sign a Lease Agreement with
Charlie Perkins for property located at 715 West Smith Street
to be used as a City storage facility, subject to final terms and
conditions acceptable to the Parks Director and City Attorney.
E. Kent Meridian Pool Lease Termination - Authorize
MOTION: Authorize the Mayor give notice required by the Lease
Agreement to terminate the City’s lease with the Kent School
District for the Kent Meridian Pool, and authorize the Mayor to
sign all documents necessary to transfer titled ownership of
the pool to the Kent School District for its continued operation
or demolition as the lease agreement provides and the School
District determines is appropriate, subject to final terms and
conditions acceptable to the Parks Director and City Attorney.
F. Introduce Verizon Small Cell Franchise Ordinance
No Action Required - Introduction Only
9. OTHER BUSINESS
A. Plastic Bag Ordinance - Adopt
Mayor advised there are two versions of the ordinance in today's agenda
packet. One provides for charging everyone for bags and the second
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
August 20, 2019
Kent, Washington
Page 8 of 10
exempts those on food stamps.
Councilmember Higgins chairs the Public Works Committee and provided a
brief background on the committee’s discussion during the development of
the ordinance.
Deputy Public Works Director, Chad Bieren indicated there are two
ordinances and advised that committee discussion focused on whether to
charge those on vouchers or EBT for bags.
Higgins indicated Option 2 is consistent with the state’s version that did not
pass during the last legislative session, but advised that the City’s ordinance
should be consistent, including the provision exempting.
Bieren advised that every ordinance passed by jurisdictions in Washington
includes the exemption.
Troutner spoke in support of the ordinance and indicated she is disappointed
Option 1 is not being adopted, and also indicated the City needs to promote
conscious consumption and should ban plastics for everyone.
Holly Chisa, a representative of the Northwest Grocery Association discussed
the use of EBT cards and how the exemption would apply to those receiving
assistance.
Higgins advised that Option 2 was selected after receiving feedback from the
Grocer’s Association and that the City’s ordinance should be aligned with the
State’s version. The reason the exemption was put in was for low income
folks - based in real reasons that low income people are affected by the fee.
Higgins indicated that State action is preferred, but Kent needs to lead and
take a stand.
Fincher spoke in support of Option 2.
Boyce expressed he favors Option 1, and spoke in support of the ordinance.
Boyce prefers to have the State act, but indicated it’s Kent’s responsibility to
do the right thing.
Kaur spoke in favor of Option 2 and indicated those on EBT or WIC should
not be penalized and that the City’s ordinance should align with the State’s
version.
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
August 20, 2019
Kent, Washington
Page 9 of 10
MOTION: Adopt Ordinance No.4331, regulating the distribution
of carryout bags and requiring retailers to collect a pass-
through charge from all customers for paper or reusable plastic
bags except those using a voucher or electronic benefits card
issued under food assistance programs.
RESULT: APPROVED [UNANIMOUS]
MOVER: Dennis Higgins, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
10. BIDS
A. SR 167 Underpass Lighting at West James Street - Award
Deputy Public Works Director, Chad Bieren, provided details regarding the SR
167 Underpass Lighting at West James Street Bid.
Higgins expressed his appreciation of staff's work on this project.
MOTION: Award the SR 167 Underpass Lighting at West James
Street Project to TITAN Earthwork LLC in the amount of
$237,476.80 and authorize the Mayor to sign all necessary
documents, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Dennis Higgins, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
At 9:05 p.m., the Council went into Executive Session.
At 9:25 p.m., Executive Session was extended for an additional 5
minutes.
At 9:30 p.m., Executive Session was extended for an additional 5
minutes.
At 9:35 p.m., Executive Session was extended for an additional 5
minutes.
At 9:36 p.m., Mayor Ralph reconvened the meeting
A. Property Negotiations, as per RCW 42.30.110(1)(b)
B. Current or Potential Litigation, as per RCW 42.30.110(1)(i)
12. ADJOURNMENT
Mayor Ralph adjourned the meeting.
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
August 20, 2019
Kent, Washington
Page 10 of 10
Meeting ended at 8:37 p.m.
Kimberley A. Komoto
City Clerk
8.A.2
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DATE: September 3, 2019
TO: Kent City Council
SUBJECT: Payment of Bills
MOTION: Approve the payment of bills received through 7/15/19 and paid
on 7/15/19 and bills received through 7/31/19 and paid on 7/31/19, and
approve the checks issued for payroll for 7/1/19-7/15/19 and paid on
7/19/19 and checks issued for payroll 7/16/19-7/31/19 and paid on
8/5/19, after auditing by the Operations Committee on 8/20/19.
8.B
Packet Pg. 51
*Approval of payment of the bills received through-----07/15/19
and paid 07/15/19
Approval of checks issued for Vouchers:
Date Amount
07/15/19 Wire Transfers 7964 7979 $2,108,855.66
07/15/19 Regular Checks 736722 737030 $3,149,608.96
07/15/19 Payment Plus 101453 101466 $78,310.92
Void Checks ($194.62)
07/15/19 Use Tax Payable $3,040.47
$5,339,621.39
*Approval of payment of the bills received through-----07/31/19
and paid 07/31/19 .
Approval of checks issued for Vouchers:
Date Amount
07/31/19 Wire Transfers 7980 7999 $2,507,602.46
07/31/19 Regular Checks 737031 737503 $7,088,174.45
07/31/19 Payment +101467 101487 $110,622.07
Void Checks $0.00
07/31/19 Use Tax Payable $1,544.92
$9,707,943.90
Approval of checks issued for Payroll:7/1/19-7/15/19
and paid 7/19/2019
Date Amount
7/19/2019 Checks 0
Voids and Reissues
7/19/2019 Advices 433130 434010 $1,875,720.96
$1,875,720.96
Approval of checks issued for Payroll:7/16/19-7/31/19
and paid 8/5/2019
Date Amount
8/5/2019 Checks $0.00
Voids and Reissues
8/5/2019 Advices 434011 434888 $1,905,712.86
$1,905,712.86
Document Numbers
Document Numbers
Document Numbers
Document Numbers
8.B
Packet Pg. 52
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services
8.B
Packet Pg. 53
DATE: September 3, 2019
TO: Kent City Council
SUBJECT: Set September 17, 2019 as the date for the First Public
Hearing on the 2020 Mid-Biennium Budget Adjustment
MOTION: Set September 17, 2019 as the date for the first public hearing on
the 2020 mid-biennium budget adjustment.
8.C
Packet Pg. 54
DATE: September 3, 2019
TO: Kent City Council
SUBJECT: Set September 17, 2019 as the date for the first Public
Hearing on the 2020-2025 Capital Improvement Plan
MOTION: Set September 17, 2019 as the date for the first public hearing on
the 2020-2025 Capital Improvement Plan
8.D
Packet Pg. 55
DATE: September 3, 2019
TO: Kent City Council
SUBJECT: Amendment No. 1 to the Garbage, Recycling, Yard & Food
Waste Collection and Disposal/Marketing Contract with
Kent Meridian Disposal Company dba Republic Services
Recycling Services for Processing Surcharge - Authorize
MOTION: Authorize the Mayor to sign an amendment to the Garbage,
Recycling, Yard & Food Waste Collection and Disposal/Marketing Contract
between the City and Republic Services, thereby approving an adjustable
increase to solid waste rates and extending the solid waste contract to
2029, subject to final terms and conditions acceptable to the City Attorney
and Public Works Director.
SUMMARY: Public Works staff has developed an amendment to the City’s solid
waste collection contract to address reduced values for recyclable commodities. The
amendment establishes a sustainability adjustment to solid waste rates, initially set
at $0.96 per month for residential customers and $2.98 per cubic yard of garbage
produced per billing cycle for multifamily and cart-based commercial customers.
The sustainability adjustment will be reevaluated annually and may result in
rebates to customers if recycling markets rebound. The amendment also contains
measures that extend the contract to 2029, removes contaminants from the list of
accepted recyclables, and requires the City’s hauler, Republic Services, to develop a
contamination reduction program.
The City’s contracted waste hauler, Republic Services, has requested that a
recycling processing surcharge be added to customers’ bills to offset the
contractor’s increased processing costs and decreased revenue from recyclable
commodities due to changes in global recycling markets. Public Works staff have
worked with Republic Services to develop a surcharge that offsets the contractor’s
losses and can be modified annually, potentially providing rebates to customers if
recycling markets rebound.
To improve the quality of recyclables collected in Kent, the contract amendment
contains further measures that would proactively address contamination. The
amendment removes the most common recycling contaminant-plastic bags-from
the list of recyclables accepted in Kent, as well as hard-to-recycle automotive
plastics. The amendment also lowers the contamination threshold for curbside
containers from 20% to 10%. The amendment further requires the hauler to
8.E
Packet Pg. 56
develop a more aggressive contamination reduction program that would, among
other things, increase contamination monitoring and create educational resources
for multifamily customers.
The contract amendment also extends the contract through 2029.
BUDGET IMPACT: None. Costs would be billed directly to Republic Services
customers.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services
RECOMMENDED BY: Tim LaPorte
ATTACHMENTS:
1. Amendment No. 1 (PDF)
08/19/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
9/3/2019 7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Dennis Higgins, Brenda Fincher, Toni Troutner
8.E
Packet Pg. 57
Updated 8/16/19 1
AMENDMENT #1
TO THE GARBAGE, RECYCLING, YARD & FOOD WASTE COLLECTION AND
DISPOSAL/MARKETING CONTRACT
BETWEEN
CITY OF KENT
AND
KENT-MERIDIAN DISPOSAL COMPANY D/B/A REPUBLIC SERVICES
This AMENDMENT #1 is made and entered into this _____ day of August 2019 by and between
the City of Kent, a municipal corporation of the State of Washington (“City”), and Kent-Meridian
Disposal Company, dba Republic Services of Kent, a Washington corporation (“Contractor”).
WHEREAS, the City and Contractor entered into a Garbage, Recycling, Yard & Food Waste
Collection and Disposal/Marketing Contract (“Contract”) with an effective date of April 1, 2016;
and
WHEREAS, the parties wish to amend certain terms and conditions of the Contract to improve the
quality of Recyclables and compostable material collected in the City and to accommodate adverse
changes in recyclable commodities markets;
NOW, THEREFORE, the City and Contractor agree as follows:
Section 1:
To fund the increased costs of the recycling program, including increased costs associated with the
processing and marketing of Recyclables and compostable material, as well as additional education
and contamination enforcement costs, a sustainability adjustment (“Adjustment”) shall be added
to each rate charged by the Contractor for recurring (i.e. monthly or weekly) service. The
Adjustment shall take effect on September 1, 2019 and terminate on March 31, 2029. The
Adjustment shall initially be $0.96 per month for single-family residential customers and $2.98
per cubic yard of monthly garbage service for Multifamily Complex Customers and cart-based
Commercial Customers. The Adjustment shall be subject to the senior low-income and disabled
resident discount for qualifying single-family residential customers.
The Adjustment shall be re-evaluated, and potentially modified, on an annual basis. By February
14, 2020, and every year thereafter until the Contract expires or is terminated, the Contractor shall
submit a report with the following information from the previous period:
• number of current residential, multifamily, and cart-based commercial customers;
• tonnage of recycling produced by residential and multifamily customers;
• monthly garbage service levels for multifamily and cart-based commercial customers
(expressed in cubic yards);
• commodity revenue (expressed in dollars per ton);
• commodity sampling for residential and multifamily recycling (expressed as a percentage
of all commodities collected);
• comparison of commodity revenue and commodity sampling to those of the previous
period; and
8.E.a
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• recalculation of the Adjustment.
Adjustments shall be based on changes in commodity value. Changes in processing costs may be
considered when reevaluating the Adjustment. The City shall either approve the recalculated
Adjustment or modify it if the City reasonably believes that the proposed Adjustment exceeds the
amount necessary to cover losses from commodity revenue. Implementing the modified
Adjustment will require City Council approval if the recalculated Adjustment is greater than or
equal to 5% of the original Adjustment taking effect on September 1, 2019. The City shall not be
required to increase the Adjustment if it exceeds the amount in effect on September 1, 2019. If
commodity revenue exceeds that of the baseline established in June 2019, Customers subject to
the Adjustment will receive a rebate instead of paying the Adjustment.
The following table outlines the evaluation periods and deadlines applying to any modifications to
the Adjustment.
Adjustment
Evaluation Period
Report to
City By
City
Decision
By
Notify
Customers
By
Modified
Adjustment
Effective Date
July 1, 2019 – January 31, 2020
February 7 February
24* March 1* April 1*
February 1, 2020 – January 31, 2021
February 1, 2021 – January 31, 2022
February 1, 2022 – January 31, 2023
February 1, 2023 – January 31, 2024
February 1, 2024 – January 31, 2025
February 1, 2025 – January 31, 2026
February 1, 2026 – January 31, 2027
February 1, 2027 – January 31, 2028
February 1, 2028 – January 31, 2029
* If the recalculated Adjustment is greater than or equal to 5% of the original Adjustment, the City
may take longer to decide on, notify customers about, and implement the Adjustment, as approving
it will require City Council approval.
The following definitions shall apply:
• “Commodity revenue” means the average revenue, per ton of inbound material, from the
sale of commodities produced at the materials recovery facility (“MRF”).
• “Commodity sampling” means a proportionate breakdown of each marketed commodity
per ton of processed Recyclables.
• “Processing costs” means the average cost, per ton of inbound material, of operating the
MRF that receives the City’s Recyclables, including but not limited to the cost of Residue
disposal.
• “Residue” means the material separated during the processing of Recyclables that has no
market value.
8.E.a
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Section 2:
Certain sections of the Contract, identified below, are hereby amended to read as follows:
Definitions, Contamination, is revised as follows:
The term “Contamination” includes: (1) Any item(s) incorrectly placed in the garbage,
recycling, or compost Yard & Food Waste container in which it is not accepted in quantities
of 20% 10% or greater by volume. (2) Any item(s) disposed of as garbage that is deemed
recyclable or compostable in quantities of 20% or greater.
Section 1, Term of Contract, is revised as follows:
The service term of this Contract is seven (7) thirteen (13) years starting April 1, 2016, and
expiring March 31, 2023 2029. The City may, at its sole option, extend the Contract for up
to two (2) extensions, which shall not exceed two (2) years in duration. Any extension shall
be under the terms and conditions of this Contract, as may be amended by the City and
Contractor from time to time. To exercise its option to extend this Contract, notice sha ll be
given by the City to the Contractor no less than two-hundred seventy (270) days prior to the
expiration of the Contract term or the expiration of an extension, if applicable.
Section 2.1.11, Requirement to Recycle and Compost, is revised as follows:
The Contractor shall recycle or compost all loads of Source-separated Recyclables and Yard
& Food Waste collected, unless express prior written permission is provided by the City. The
disposal of contaminants separated during processing is acceptable to the extent that it is
unavoidable and consistent with industry standards. Obvious contaminants included with
either Source-separated Recyclables or Yard & Food Waste shall not be collected, and shall
be left in the Customer’s container with a prominently displayed notification tag (per Section
2.1.9) explaining the reason for rejection. The Contractor will routinely inspect Containers,
addressing known problem areas and providing rotating inspections across all areas of the
City, with the goal of inspecting all residential and multifamily Recycling and Yard & Waste
Containers at least once a year. If the Contractor finds visually obvious contaminants in a
Customer’s Recycling and/or Yard & Waste Container(s), the Contractor will inspect the
Customer’s Container(s) at least twice more in the two months following the original
contamination incident.
The Contractor may refuse to collect either Recycling or Yard & Food Waste if the containers
include visually obvious contaminants. If the Contractor identifies repeated contamination
by a Customer despite the Contractor’s tagging and educational efforts, the Contractor may
remove the Customer’s Recycling and/or Yard & Food Waste Container(s).
The Contractor shall develop and implement a contamination reduction program. At a
minimum, the program shall include the following elements, in addition to the promotion
and education responsibilities under Section 2.3.5:
8.E.a
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Updated 8/16/19 4
• Customer education about new contamination reduction protocols, in advance of
program implementation;
• At least monthly monitoring and documentation of curbside contamination;
• Increased reporting on contamination occurrences, such as monthly reporting on the
number and location of inspected containers;
• Progressive enforcement of recycling and yard & food waste standards via timely
customer contact and potential container removal;
• Procedures for allowing Customers to reinstate and resume recycling and/or yard &
food waste service if service has been suspended;
• Enhanced communication and outreach for customers, including website
improvements and the development of multifamily outreach materials such as
guidelines and posters; and
• Annual inspections and reporting of recycling truck loads from City routes.
The Contractor shall submit a draft to the City of its contamination reduction plan no later
than October 25, 2019. The plan will be finalized by November 22, 2019 and implemented
by January 2, 2020. As the plan’s emphasis and contamination thresholds may change from
time to time to reflect market conditions, the Contractor shall submit to the City a revised
draft of the plan no later than November 1 of each following year, starting November 1,
2020. The City and Contractor shall then finalize the plan by December 1 and implement it
by January 2 of the following year.
The Contractor shall provide such information as the City may request regarding aggregate
contamination data that the Contractor has collected and maintained. However,
notwithstanding the foregoing or any other provisions of this Amendment or Contract, the
Contractor shall not provide any information to the City regarding the specific contents of
any individual Customer’s Container.
Section 2.2.2.1, Subject Materials, is revised to remove the following items from the list of
accepted Recyclables:
• “Plastic Bags: All clean plastic shopping bags, newspaper bags and dry cleaning bags
(bagged together)”
• “Automotive plastic, bumpers, side-view mirrors, hubcaps”
IN WITNESS WHEREOF, the parties have executed this Amendment to the Garbage, Recycling,
Yard & Food Waste Collection and Disposal/Marketing Contract as of the date first written above.
CITY OF KENT REPUBLIC SERVICES OF KENT
By ___________________________ By ___________________________
8.E.a
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DATE: September 3, 2019
TO: Kent City Council
SUBJECT: Republic Services Rate Increase for Disposal Fee (Tipping
Fee) Charged by Cedar Grove - Authorize
MOTION: Authorize the Mayor to approve an increase in residential solid
waste rates with Republic Services to compensate for the increase in
tipping fees at its organics waste processor, Cedar Grove.
SUMMARY: On March 29, 2019, the City’s contracted waste hauler, Republic
Services, delivered a letter to City staff requesting an increase in monthly rates for
residential customers. The rate increase would compensate Republic Services for an
increase in Cedar Grove’s tipping fee, which is a disposal fee charged each time a
truck unloads organic waste at the processing facility. Since Republic Services pays
tipping fees to Cedar Grove when it deposits food and yard waste from Kent for
processing, the increase in tipping fees has increased Republic Services’ disposal
costs.
The rate increase would vary with the customer’s container size based on the
following:
· $0.06 for 13-gallon garbage carts,
· $0.11 for 20-gallon garbage carts,
· $0.19 for 32-gallon garbage carts,
· $0.28 for 45-gallon garbage carts,
· $0.42 for 64-gallon garbage carts, and
· $0.63 for 96-gallon garbage carts.
The City’s existing contract with Republic Services includes provisions for the City to
review and approve this increase.
BUDGET IMPACT: Costs would be billed directly to Republic Services customers.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services
RECOMMENDED BY: Tim LaPorte
8.F
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08/19/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
9/3/2019 7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Dennis Higgins, Brenda Fincher, Toni Troutner
8.F
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DATE: September 3, 2019
TO: Kent City Council
SUBJECT: Consultant Services Agreement for Clark Springs Generator
and Electrical Upgrades with RH2 Engineering, Inc. -
Authorize
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with RH2 Consultants Inc. in an amount not to exceed $117,455.28 to
design a standby generator system and electrical system upgrades, subject
to final terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY: Clark Springs is located on Kent-Kangley Road, east of Maple Valley
and adjacent to Rock Creek and is a critical component in the City’s water supply
system.
Clark Springs produces about 60% of Kent’s daily water supply and currently has
an aging back-up power supply.
This project will provide a diesel-powered, standby generator capable of powering
the entire site; automatic power transfer switch; new structure to protect the
equipment; removal of the existing propane generator; removal and replacement of
existing pump control panel and motor starter for Well #3; replacement of existing
electrical service pedestal and equipment; programmable logic controller; and a
new service cabinet.
BUDGET IMPACT: Costs for this project will be paid with funds already budgeted
in the water utility.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure
ATTACHMENTS:
1. Consultant Services Agreement with RH2 Engineering, Inc. (PDF)
08/19/19 Public Works Committee RECOMMENDED TO
COUNCIL
8.G
Packet Pg. 64
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
9/3/2019 7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Dennis Higgins, Brenda Fincher, Toni Troutner
8.G
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
RH2 Engineering, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and RH2 Engineering, Inc. organized under the laws of the State of Washington,
located and doing business at 22722 29th Drive SE, Suite 210, Bothell, WA 98021, Phone: (425) 951-
5358, Contact: Chris Roberts (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 design services for the Clark Springs Generator and Electrical
Upgrade 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 February 28, 2020.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
One Hundred Seventeen Thousand, Four Hundred Fifty Five Dollars and Twenty Eight Cents
($117,455.28), 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 and C.
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:
8.G.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.
8.G.a
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(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 F 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
8.G.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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8.G.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:
Chris Roberts
RH2 Engineering, Inc.
22722 29th Dr. SE, Suite 210
Bothell, WA 98021
(425) 951-5358 (telephone)
N/A (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
RH2 - Clark Springs/Araucto
8.G.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: _________________________________________
8.G.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.
8.G.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: _________________________________________
8.G.a
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Electrical and Standby Generator Upgrades.docx
EXHIBIT A
Scope of Work
City of Kent
Clark Springs Generator and Electrical Upgrade
July 2019
Background
The City of Kent (City) has aging electrical and motor control equipment located at its Clark Springs
facility that is in need of replacement. T he City has requested the services of RH2 Engineering, Inc.,
(RH2) for the design of the replacement electrical and motor starter equipment at the Clark Springs
facility, installation of a proposed standby engine generator system and shelter, and replacement of
the existing electrical service equipment and utility transformers.
There are three (3) existing well pumps at the Clark Springs facility and a fourth pump that is used
for augmentation purposes: two (2) of the well pumps are operated by variable frequency drive (VFD)
equipment and one (1) is operated by a soft starter. One of the well pump VFDs is an obsolete Cutler
Hammer VFD that shall be replaced with a new Danfoss VFD as part of this project. The existing soft
starter and associated valve controls for the three (3) well pumps will need to be moved to a new
pump control panel. No modifications are required for the fourth pump that is used for augmentation
purposes. One (1) utility transformer and electrical service is used to supply power to the facility.
The City currently has a small standby generator at the site that does not provide ad equate standby
power for the entire site and is used only for critical loads. Due to the importance of this facility, the
City has decided to replace the existing electrical service equipment, and existing wiring between the
utility transformers and building. The City also has decided to remove the existing standby generator,
along with the existing generator protection bollards, fuel tank, and security fencing, and install a
new backup generator to allow for more reliable operation of the entire facility. The City requires
that the new generator be installed under a full-coverage shelter with a metal roof and has identified
an approximate location for the shelter that will require site improvements to remove trees, prepare
the structural foundation for the shelter, and allow for vehicular access to the generator.
The major design and project elements at Clark Springs include the following:
• Removal and replacement of the existing pump control panel and motor starter for Well
No. 3. The new VFDs will be manufactured by Danfoss.
• Replacement of the existing electrical service equipment and utility transformers, including
installation of a new concrete pad and shelter above the new service equipment. The
proposed electrical service equipment will be NEMA 4X, stainless steel if installed outdoors.
• Installation of proposed electrical raceway and conductors between the proposed utility
transformers and the existing building.
• Installation of a new standby generator system with an automatic transfer switch to power
the Clark Springs site. Triple-walled diesel tanks to have a minimum 72-hour standby fuel
capacity.
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City of Kent Exhibit A
Clark Springs Generator and Electrical Upgrade Scope of Work
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• Maintain usage of existing manual transfer switch and distribution panel for powering
existing critical equipment currently by the existing generator.
• Design provisions that address the goal of reducing the downtime of operation of the existing
wells.
• Replacement of existing raceway and conductors between existing building and existing surge
tank building.
• Upgrade existing S7-300 and 200 programmable logic controllers (PLCs) and surge tank
remote input/output (I/O) rack.
• Construction of a shelter for the standby engine generator system that shall include a metal
roof, hot-dipped galvanized frame, work lighting, power receptacle, concrete generator pad
with containment curb and drainage provisions, and generator access platform.
• Site improvements for the construction of the generator system shelter that shall include tree
and earth removal, structural fill and preparation work for the shelter foundation, vehicle
access to the generator with a hammerhead-style driveway with a concrete fueling pad with
integral containment curb and spill isolation provisions, stormwater collection system routed
to existing stormwater system, and removal of the existing generator and propane fuel tank.
• Installation of poles for exterior lighting and future surveillance cameras.
Assumptions: The City shall provide RH2 with a completed survey and base map to be used as a basis
for the electrical and civil site plan design. RH2 may rely on the accuracy and completeness of data,
information, and/or drawings provided by the City or others in relation to this work. Refer to the
attached Fee Estimate (Exhibit B) for an estimate of time required for all tasks. The project delivery
timelines shown below, and project schedule shown in Exhibit E is based on a Notice-to-Proceed (NTP)
date from the City in early September.
Task 1 – Project Management and Administration
Objective: Manage and coordinate engineering services required for the project design.
Project/Task Delivery Timeline (Approximately 105 Working Days): Notice-to-Proceed through
project completion (Estimated to be September 2019 to January 2020).
Approach:
Perform Project Management, Progress Reporting, and Team Management – Identify and
designate a single point of contact to act as the RH2 project manager during the design phase
of the project. Manage the RH2 project team to track time and budget, work elements
accomplished, work items planned for the next period, and labor, time, and budget needed to
complete the tasks listed in this Scope of Work. If needed, notify the City of scope changes and
obtain authorization to proceed from the City’s project manager prior to performing the work.
Prepare monthly project progress reports to identify what was accomplished for the month,
what is anticipated for the next month, and current or potential issues or changes. The progress
report will contain a summary of task costs to date (in invoice format).
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City of Kent Exhibit A
Clark Springs Generator and Electrical Upgrade Scope of Work
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Provide Project Coordination – Develop and maintain a project schedule. Participate in weekly
coordination meetings with the City via conference call. Develop and maintain an action item
tracker that will electronically log decisions made during the project and include supporting
documents.
RH2 Deliverables:
• Monthly progress reports to include the elements described in subtask 1.1 for the duration
of the project.
• Project schedule in electronic (PDF) format.
• Action item tracker in electronic (PDF) format.
Task 2 – Site Investigation and Data Review
Objective: Prepare for and attend a kick-off meeting and site visit with City staff. Review as-built
drawings and data provided by the City.
Project/Task Delivery Timeline: Approximately 10 Working Days after NTP.
Approach:
Attend Kick-Off Meeting – Meet with City staff and key design team members to review the
scope of work, schedule, and critical design elements. Prepare meeting agenda and minutes.
Attend Site Visit – Attend one (1) site visit at the Clark Springs facility to collect information for
the design related to the site, existing power distribution system, generator sizing, existing
equipment dimensions, conduit routing, comparison to the as-built drawings for the existing
power distribution system and site layout, and space evaluation for the proposed
improvements.
Review Data – Review data, as-built drawings, and any other information provided by the City.
Provided by City:
• As-built drawings of best available information of the existing site, existing telemetry system
layout, existing buildings, and existing pump control panel layout.
• Survey and base map in AutoCAD (dwg) format.
RH2 Deliverables:
• Kick-off meeting agenda and minutes in electronic (PDF) format.
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City of Kent Exhibit A
Clark Springs Generator and Electrical Upgrade Scope of Work
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Task 3 – Site, Structural, and Electrical Design
Objective: Prepare bid-ready design plans and specifications for the proposed site, structural, and
electrical work at the existing Clark Springs facility.
Project/Task Delivery Timeline: Approximately 105 Working Days. See below for estimated timeline
dates per sub-task.
Approach:
Perform Geotechnical Investigation (15 Working Days after NTP) – Perform a geotechnical
investigation for constructing the generator shelter foundation and inertia pad. Complete up
to two (2) test pits at the site to document soil composition and develop design parameters for
the generator shelter foundation. Prepare a geotechnical memorandum detailing site
conditions, including slope requirements, bearing capacity, earth pressures, and groundwater
control for design and construction of the generator shelter foundation. The City shall mark the
location onsite, call in utility locates prior to test pit digging, and provide a backhoe and operator
to perform test pits onsite. Test pit digging is assumed to take four (4) hours to complete.
Prepare Site Improvements Design Plans (Up to 105 Working Days after NTP) – Develop existing
and proposed site and utility plans and details, including building setbacks, tree removal, site
grading, removal of the existing generator, removal of the existing fencing and generator
bollards, generator concrete pad and security fencing layout, hammerhead turnaround layout
with a concrete fueling pad and vehicle access to the structure, and stormwater collection
system with spill isolation provisions. The site design will be based on a combination of
City-provided topographic survey, base map data, and field notes from the site visit.
Provide Drainage Review (Up to 105 Working Days after NTP) – Prepare a Technical Information
Report (TIR) for compliance with the 2016 King County Surface Water Design Manual as
amended by the City’s Surface Water Design Manual 2017. It is assumed that the project will
be exempt from Core Requirement No. 3: Flow Control, Core Requirement No. 8: Water Quality,
and Core Requirement No. 9: Flow Control Best Management Practices (BMPs).
Prepare Generator Shelter Structural Design Plans (Up to 105 Working Days after NTP) –
Develop structural plans and details for the generator structure, including the generator
support slab and access platform. Prepare structural calculations for submittal along with a
permit copy of the plan set to the City Building Department. The permit shall be prepared and
provided by the City.
Perform Generator Sizing and Calculations (10 Working Days after NTP) – Perform generator
load and sizing calculations based on the existing electrical load at the facility and new Well No.
3 VFD that will be installed at the facility to determine generator sizing for the facility.
Determine generator sizing calculations with manufacturer sizing software. Coordinate with the
City’s preferred generator manufacturer, Cummins, to determine the physical size of the
generator and automatic transfer switch, to obtain equipment pricing information, and to
develop a custom sub-base triple-walled fuel tank design for the generator. Provide
calculations to the City as part of the 60-percent design review.
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City of Kent Exhibit A
Clark Springs Generator and Electrical Upgrade Scope of Work
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Prepare Electrical Design Plans (Up to 105 Working Days after NTP) –
• Develop electrical plans for replacement of the existing pump control panel VFD for Well
No. 3 with a new VFD, replacement of the existing electrical service equipment and power
distribution panel, installation of a new outdoor generator and automatic transfer switch,
replacement of existing raceway and conductors between the existing building and utility
power pole, upgrading the existing Siemens PLCs and surge tank remote I/O rack, and
installation of poles for exterior lighting and future surveillance cameras. Plans shall include
a one-line diagram showing equipment layout, a power distribution and signal plan showing
conduit routing and equipment locations, pump control panel and motor control
equipment installation details, generator installation details, electrical schedules, and
electrical details.
• Coordinate the electrical service improvements with Puget Sound Energy to determine the
required electrical service and utility modifications.
• Prepare control logic diagrams for valve control of the well pump motors, relocation of an
existing soft starter from the existing motor control center to the new pump control panel,
and replacement of an existing VFD.
• Prepare an electrical site plan identifying the location of the new generator and generator
structure, new electrical service conduit, electrical service modifications, existing site
conduit routing, and site improvements that are required for the installation of the
generator.
• Prepare generator and fuel tank installation details. The fuel tank system is to be designed
as a triple-walled, sub-base fuel tank with leak alarming and required venting. The fuel tank
will have a designed fuel capacity for a three (3)-day run period at rated load. The generator
design will include conduit and wiring to a generator battery charger, generator block
heater, generator interior light and receptacle, work lighting, and a 20 -amp outdoor
receptacle.
• Prepare telemetry system diagrams for interfacing the proposed equipment with the
existing telemetry system and for replacing the existing PLC and remote I/O rack. Upgrade
existing VFD communications from Profibus to Profinet. The proposed motor control
equipment also will communicate with the telemetry system via Profinet. The telemetry
system diagrams will show the proposed telemetry system input and output signals and
interface requirements. The generator/transfer switch will be capable of inhibiting
re-transfer to utility power until allowed to do so by the PLC progra mming.
Prepare Specifications (Up to 105 Working Days after NTP) – Utilize the Washington State
Department of Transportation (WSDOT) Standard Specifications and Kent Special Provisions for
mobilization and demobilization, earthwork items, aggregate production and acceptance,
bases, surface treatment and pavement, cement concrete pavement, drainage structures,
storm sewers, sanitary sewers, water mains, conduits, pavement markings, signs, guardrails,
monuments and cases, cement concrete sidewalks, and permanent signing. The Kent Special
Provisions shall be provided by the City to RH2 for edits and revisions as needed. All changes to
the documents shall be made using MS Word tracked changes features. Prepare technical
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City of Kent Exhibit A
Clark Springs Generator and Electrical Upgrade Scope of Work
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specifications and reformat RH2’s standard modified Construction Specifications Institute (CSI)
format into the WSDOT Standard Specifications format. The technical specifications shall be
incorporated into the appropriate section of the KENT SPECIAL PROVISIONS (KSP). RH2 will
insert the technical specifications into the appropriate sections (or new sections) of the KSP,
while ensuring no conflicting information. The City shall attach the technical specifications to
the City’s front-end bidding documents and prepare the overall specification package. Prepare
the specifications portion of the bid package and review the City-provided documents for
potential conflict(s) with the technical specifications. Provide the City with comments and
suggestions for resolving conflicts between the two documents.
Prepare Construction Cost Estimate (Up to 105 working Days after NTP) – Prepare a
construction cost estimate for City review purposes at the 60-, 90-, and 100-percent review
stages.
Provide City Design Reviews (Between 40 and 105 Working Days after NTP) –
• Provide the City with plans at the 60-, 90-, and 100-percent design levels, and specifications
at the 90- and 100-percent design levels for City review. Allow the City a two (2) week
review period for each review cycle.
• Meet up to two (2) times with City staff for 60- and 90-percent design review meetings to
discuss and review the plans and specifications.
• Edit plans and specifications at the 60- and 90-percent review levels based on City review
comments.
• Provide a 100-percent plan, marked as “PERMIT SET,” and associated structural
calculations, for City submittal to the Building Department.
• Finalize the plans and specifications, incorporating revisions/comments from the Building
Department review on the bid plan set.
Provide Quality Assurance/Quality Control (Up to 105 Working Days after NTP) – Provide quality
assurance/quality control (QA/QC) services, to include a formal, internal QA/QC process and
review of the constructability of the project design and final deliverables.
Provided by City:
• The City shall mark the location onsite, call in utility locates prior to test pit digging, and
provide a backhoe and operator to perform test pits onsite.
• City front-end bidding documents, including WSDOT Standard Specifications and Kent Special
Provisions.
• Plans and specification production.
• All required permitting applications, fees, and submittals.
RH2 Deliverables:
• Geotechnical memorandum in electronic (PDF) format.
8.G.a
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City of Kent Exhibit A
Clark Springs Generator and Electrical Upgrade Scope of Work
7
7/29/2019 10:12:55 AM\\rh2.com\dfs\NewBusiness\Proposal\KEN\20190529_KEN_M190089_Clark Springs Generator and Electrical Upgrade\Contract\PSA_SOW_Clark Springs
Electrical and Standby Generator Upgrades.docx
• TIR for stormwater compliance in (PDF) format.
• 60-percent, 90-percent, and 100-percent design drawings in electronic (PDF) format.
• 90-percent and 100-percent specifications in electronic (PDF) format.
• 100-percent design plans and associated structural calculations in electronic (PDF) format.
• 60-, 90-, and 100-percent construction cost estimates in electronic (PDF) format.
• One (1) electronic copy of the final plans in AutoCAD (dwg) format on a CD or flash drive.
• One (1) electronic copy of the final plans in PDF on a CD or flash drive.
• One (1) electronic copy of the final technical specifications in PDF and Word format on a CD
or flash drive.
• One (1) full-size hard copy of final plans.
• One (1) full record of materials.
8.G.a
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Prime Consultant - RH2 Engineering, Inc.
HOURLY RATE $175.00 $161.00 $161.00 $200.00 $200.00 $200.00 $231.00 $231.00 $231.00 $240.00 $119.00
Labor Estimate CLASS Prof III Prof II Prof II Prof V Prof V Prof V Prof VII Prof VII Prof VII Prof VIII Admin IV
NAME Max Freimund, PE Jacob Hamilton Isaac Oquist Ryan Feskens, PE Jon Conner, PE Mark Braaksma, PE Steve Nelson, LG Bret Beaupain, PE Chris Roberts, PE Geoff Dillard, PE Julie Self
Work
Elem.
Sub
Elem.Description
Civil Staff
Engineer
Structural Staff
Engineer
Electrical Staff
Engineer
Civil Project
Engineer/
Manager
Structural
Project
Engineer/
Manager
Electrical Project
Engineer/Manager
Engineering
Geologist
Surface Water/
Stormwater
Engineer Project Manager
Principal-in-
Charge
Administrative
Assistant
Total
Hours Fee
Task 1 Project Management 12 2,772
1.1 Perform Project Management, Progress Reporting, and Team Management 6 6 1,386
1.2 Provide Project Coordination 6 6 1,386
Task 2 Site Investigation and Data Review 50 9,988
2.1 Attend Kick-Off Meeting 2 4 4 10 2,124
2.2 Attend Site Visit 6 6 6 18 3,786
2.3 Review Data 6 6 4 4 2 22 4,078
Task 3 Site, Structural, and Electrical Design 517 94,691
3.1 Perform Geotechnical Investigation 4 12 2 2 20 4,290
3.2 Prepare Site Improvements Design Plans 48 12 60 10,800
3.3 Provide Drainage Review 24 8 12 4 48 9,048
3.4 Prepare Generator Shelter Structural Design Plans 50 12 62 10,450
3.5 Perform Generator Sizing and Calculations 8 4 2 14 2,550
3.6 Prepare Electrical Design Plans 80 32 12 124 22,052
3.7 Prepare Specifications 16 8 24 8 24 80 14,304
3.8 Prepare Construction Cost Estimate 4 1 4 4 4 4 2 23 4,367
3.9 Provide City Design Reviews 6 2 6 6 4 6 16 8 54 10,186
3.10 Provide Quality Assurance/Quality Control 4 4 4 8 8 4 32 6,644
Total 88 53 104 66 32 88 12 12 72 10 42 579 107,451
$15,400.00$ 8,533.00$ 16,744.00$ 13,200.00$ 6,400.00$ 17,600.00$ 2,772.00$ 2,772.00$ 16,632.00$ 2,400.00$ 4,998.00$ 107,451.00$
City of Kent - Clark Springs Generator and Electrical Upgrade
EXHIBIT B 8.G.a
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Firm Name: RH2 Engineering, Inc.
Class Classification Role Staff Hours x Rate =Cost
Professional I Professional I Staff Engineer 0 148.00$ -$
Professional II Professional II Staff Engineer 157 161.00$ 25,277.00$
Professional III Professional III Project Engineer 88 175.00$ 15,400.00$
Professional IV Professional IV Project Engineer 0 185.00$ -$
Professional V Professional V Project Manager 186 200.00$ 37,200.00$
Professional VI Professional VI Project Manager 0 213.00$ -$
Professional VII Professional VII Director 96 231.00$ 22,176.00$
Professional VIII Professional VIII Principal 10 240.00$ 2,400.00$
Professional IX Professional IX Principal 0 240.00$ -$
Administrative I Administrative I Administrative 0 72.00$ -$
Administrative II Administrative II Administrative 0 84.00$ -$
Administrative III Administrative III Administrative 0 101.00$ -$
Administrative IV Administrative IV Administrative 42 119.00$ 4,998.00$
Administrative V Administrative V Administrative 0 137.00$ -$
Total Hours 579
Total Direct Labor 107,451.00$
Direct Non-Salary Costs Cost
Item Unit Number Cost Each Number
Mileage Miles 320 0.58$ 185.60$
CAD/GIS System Each 214 $27.50 5,885.00$
Photocopies Each 360 0.09$ 32.40$
Each 40 0.20$ 8.00$
Each 180 0.90$ 162.00$
Each 300 2.00$ 600.00$
CAD Plots - Full-size Each 50 10.00$ 500.00$
Technology Charge Percentage 105251 2.5%2,631.28$
Direct Non-Salary Costs Total 10,004.28$
Prime Subtotal 117,455.28$
Subconsultant Expenses
Total Subconsultant Expense -$
Total 117,455.28$
TOTAL PROJECT COST Rounded 117,455$
City of Kent
Clark Springs Generator and Electrical Upgrade
Cost Summary
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Subconsultant:
RH2 ENGINEERING, INC
Overhead
Multiplier
Fee Multiplier
166.00%12.00%
Professional I $ 49.68 $ 82.47 $ 15.86 $ 148.00
Professional II $ 54.04 $ 89.71 $ 17.25 $ 161.00
Professional III $ 58.74 $ 97.51 $ 18.75 $ 175.00
Professional IV $ 62.10 $ 103.08 $ 19.82 $ 185.00
Professional V $ 67.13 $ 111.44 $ 21.43 $ 200.00
Professional VI $ 71.50 $ 118.69 $ 22.82 $ 213.00
Professional VII $ 77.54 $ 128.72 $ 24.75 $ 231.00
Professional VIII $ 80.56 $ 133.73 $ 25.72 $ 240.00
Professional IX $ 80.56 $ 133.73 $ 25.72 $ 240.00
Control Specialist I $ 44.98 $ 74.67 $ 14.36 $ 134.00
Control Specialist II $ 48.67 $ 80.80 $ 15.54 $ 145.00
Control Specialist III $ 53.04 $ 88.04 $ 16.93 $ 158.00
Control Specialist IV $ 56.73 $ 94.17 $ 18.11 $ 169.00
Control Specialist V $ 60.42 $ 100.30 $ 19.29 $ 180.00
Control Specialist VI $ 64.45 $ 106.98 $ 20.57 $ 192.00
Control Specialist VII $ 69.82 $ 115.90 $ 22.29 $ 208.00
Control Specialist VIII $ 73.18 $ 121.47 $ 23.36 $ 218.00
Technician I $ 36.92 $ 61.29 $ 11.79 $ 110.00
Technician II $ 39.94 $ 66.31 $ 12.75 $ 119.00
Technician III $ 45.99 $ 76.34 $ 14.68 $ 137.00
Technician IV $ 49.01 $ 81.35 $ 15.64 $ 146.00
Technician V $ 53.71 $ 89.15 $ 17.14 $ 160.00
Technician VI $ 58.74 $ 97.51 $ 18.75 $ 175.00
Technician VII $ 63.78 $ 105.87 $ 20.36 $ 190.00
Technician VIII $ 67.13 $ 111.44 $ 21.43 $ 200.00
Administrative I $ 24.17 $ 40.12 $ 7.71 $ 72.00
Administrative II $ 28.20 $ 46.81 $ 9.00 $ 84.00
Administrative III $ 33.90 $ 56.28 $ 10.82 $ 101.00
Administrative IV $ 39.94 $ 66.31 $ 12.75 $ 119.00
Administrative V $ 45.99 $ 76.34 $ 14.68 $ 137.00
In-House Copies B/W - 8.5x11 $ 0.09
In-House Copies B/W - 8.5x14 $ 0.14
In-House Copies B/W - 11x17 $ 0.20
In-House Copies Color - 8.5x11 $ 0.90
In-House Copies Color - 8.5x14 $ 1.20
In-House Copies Color - 11x17 $ 2.00
CAD Plots Large $ 25.00
CAD Plots Full $ 10.00
CAD Plots Half $ 2.50
CAD System Per Hour $ 27.50
GIS System Per Hour $ 27.50
Mileage Current IRS Rate
Subconsultants will be billed at cost plus 15%.
Outside direct costs for permit fees,reports,maps,data,reprographics,couriers,postage,and non-
mileage related travel expenses that are necessary for the execution of the project and are not
specifically identified elsewhere in the contract will be billed at cost.
Exhibit C
Consultant Fee Determination - Summary Sheet
2019 SCHEDULE OF RATES AND CHARGES
Staff Classification
Negotiated Rate
Per Hour
Negotiated
Hourly Rate
8.G.a
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EXHIBIT D
KEY PERSONNEL
NAME TITLE
1. Chris Roberts, PE Project Manager
2. Geoff Dillard, PE Principal-In-Charge
3. Mark Braaksma, PE Electrical Project Engineer/Manager
4. Jon Conner, PE Structural Project Engineer/Manager
5. Ryan Feskens, PE Civil Project Engineer/Manager
6. Isaac Oquist Electrical Staff Engineer
7. Jacob Hamilton Structural Staff Engineer
8. Max Freimund, PE Civil Staff Engineer
9. Steve Nelson Engineering Geologist
10. Bret Beaupain, PE Surface Water/Stormwater Engineer
11. Julie Self Administrative Assistant
8.G.a
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ID Task Name Duration Start Finish
0 Clark Springs Generator and Electrical
Upgrade
344 days Mon
9/9/19
Thu
12/31/20
1 Estimated Notice-to-Proceed 1 day Mon 9/9/19 Mon 9/9/19
2 Project Management and
Administration
105 days Mon 9/9/19 Fri 1/31/20
3 Site Investigation and Data Review 10 days Mon 9/9/19 Fri 9/20/19
4 Attend Kick-Off Meeting 5 days Mon 9/9/19 Fri 9/13/19
5 Attend Site Visit 5 days Mon 9/9/19 Fri 9/13/19
6 Review Data 10 days Mon 9/9/19 Fri 9/20/19
7 Site, Structural, and Electrical Design 105 days Mon 9/9/19 Fri 1/31/20
8 Perform Geotechnical Investigation 15 days Mon 9/9/19 Fri 9/27/19
9 Prepare Site Improvements Design
Plans
95 days Mon
9/23/19
Fri 1/31/20
10 Provide Drainage Review 95 days Mon
9/23/19
Fri 1/31/20
11 Prepare Generator Shelter Structural
Design Plans
95 days Mon
9/23/19
Fri 1/31/20
12 Perform Generator Sizing and
Calculations
5 days Mon
9/16/19
Fri 9/20/19
13 Prepare Electrical Design Plans 95 days Mon
9/23/19
Fri 1/31/20
14 Prepare Specifications 95 days Mon
9/23/19
Fri 1/31/20
15 Prepare Construction Cost Estimate 95 days Mon
9/23/19
Fri 1/31/20
16 Submit 60 Percent Plans and
Construction Cost Estimate to the
City
1 day Fri 11/1/19 Fri 11/1/19
17 City Review - 60 Percent Plans and
Construction Cost Estimate
10 days Mon
11/4/19
Fri 11/15/19
18 Submit 90 Percent Plans,
Specifications, and Construction Cost
Estimate
1 day Fri 12/13/19 Fri 12/13/19
19 City Review - 90 Percent Plans,
Specifications, and Construction Cost
Estimate
16 days Fri 12/13/19 Fri 1/3/20
20 Submit 100 Percent Plans and
Structural Calculations
1 day Fri 1/17/20 Fri 1/17/20
21 Provide Quality Assurance/Quality
Control
95 days Mon
9/23/19
Fri 1/31/20
22 Finalize Plans and Specifications 21 days Fri 1/3/20 Fri 1/31/20
23 Submit Final Plans, Specifications,
and Construction Cost Estimate
1 day Fri 1/31/20 Fri 1/31/20
24 Bidding and Contract Award 42 days Mon 2/3/20 Tue 3/31/20
25 Construction 194 days Mon 4/6/20 Thu
12/31/20
9/9
9/9 1/31
Project Management and Administration
9/9 9/20
Site Investigation and Data Review
9/9 9/13
Attend Kick-Off Meeting
9/9 9/13
Attend Site Visit
9/9 9/20
Review Data
9/9 1/31
Site, Structural, and Electrical Design
9/9 9/27
Perform Geotechnical Investigation
9/23 1/31
Prepare Site Improvements Design Plans
9/23 1/31
Provide Drainage Review
9/23 1/31
Prepare Generator Shelter Structural Design Plans
9/16 9/20
Perform Generator Sizing and Calculations
9/23 1/31
Prepare Electrical Design Plans
9/23 1/31
Prepare Specifications
11/1
12/13
1/17
1/31
2/3 3/31
Bidding and Contract Award
4/6 12/31
Construction
7/28 8/4 8/11 8/18 8/25 9/1 9/8 9/15 9/22 9/29 10/610/1310/2010/2711/311/1011/1711/2412/1 12/812/1512/2212/29 1/5 1/12 1/19 1/26 2/2 2/9 2/16 2/23 3/1 3/8 3/15 3/22 3/29 4/5 4/12 4/19 4/26 5/3 5/10 5/17 5/24 5/31 6/7 6/14 6/21 6/28 7/5 7/127/19 7/26 8/2 8/9 8/16 8/23 8/30 9/6 9/13 9/20 9/27 10/410/1110/1810/2511/1 11/811/1511/2211/2912/612/1312/2012/27 1/3 1/10 1/17 1/24 1/31 2/7
Aug '19 Sep '19 Oct '19 Nov '19 Dec '19 Jan '20 Feb '20 Mar '20 Apr '20 May '20 Jun '20 Jul '20 Aug '20 Sep '20 Oct '20 Nov '20 Dec '20 Jan '21 Feb '21
Task Split Milestone Summary Project Summary Progress
City of Kent
Clark Springs Generator and Electrical Upgrade
Tue 7/23/19 9:45 AM Page 1 Clark Springs Electrical and Standby Generator Upgrades.mpp
Project: Clark Springs Generato
Date: Tue 7/23/19
EXHIBIT E 8.G.a
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EXHIBIT F INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant’s Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
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EXHIBIT F (Continued)
3. Professional Liability insurance shall be written with limits no less
than $2,000,000 per claim and $2,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
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DATE: September 3, 2019
TO: Kent City Council
SUBJECT: Ordinance Granting Small Cell Franchise to Seattle SMSA,
dba Verizon Wireless - Adopt
MOTION: Adopt Ordinance No. , establishing a five-year franchise
agreement with Seattle SMSA Limited Partnership, doing business as
Verizon Wireless, subject to final terms and conditions acceptable to the
City.
SUMMARY: The City has been negotiating franchise agreements with a number of
telecommunications companies that are seeking to deploy new small cell equipment
on Puget Sound Energy utility poles throughout the City. The City adopted a
franchise with AT&T earlier this year. Small cells are a relatively new wireless
technology and are low-powered with a smaller profile than traditional wireless
communication facilities, i.e., monopoles. They are deployed to provide additional
capacity for networks and sometimes to provide coverage in areas where the
traditional cell phone towers are challenged by terrain or buildings. As consumers’
reliance upon mobile devices continues to increase, wireless infrastructure must
continue to be upgraded and improved to keep up with demand. By all accounts
small cells will be integral to the future deployment of 5G wireless technology.
Accordingly, small cell deployment is expected to increase dramatically, with
hundreds of individual cells deployed throughout the City.
The installation of small cells raises safety and aesthetic concerns and will consume
considerable City resources, including staff time. Small cell equipment can be small
and compact, but can also be the size of a small refrigerator. Deploying this
equipment on existing utility poles often means that the pole must be replaced to
accommodate the additional load. Electrical safety standards must also be met,
leading to the installation of taller replacement poles. Importantly, small cells also
require fiber optics. Fiber is attached to small cells via conduits installed on the
poles. Additionally, this fiber must run either aerially on wires or be installed
underground. All of these small cell components directly impact the City’s rights-of-
way.
The legal landscape surrounding this technology has changed on both federal and
local levels. Recent action by the Federal Communications Commission (FCC) has
significantly limited local control over small cell deployments and requires the City
to act on applications within compressed timelines. In response, the City has
8.H
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updated its code to establish a specific franchise application process and has
established design standards and aesthetic requirements for small cells located
within the right-of-way.
The terms of the franchise agreement with Verizon Wireless include these new
design standards and more broadly, attempt to balance the desire to embrace new
technology with the need to address the safety and aesthetic concerns this
technology raises. At the same time, it is the City’s intention that these terms to be
flexible enough to accommodate the 5G equipment that is still being developed.
Because small cell technology and the legal landscape surrounding it will continue
to evolve, the franchise term was set for five years. Additionally, the franchise
includes terms governing the relocation of small cell facilities to accommodate
public improvements; requirements for the franchisee to keep detailed records of
its facilities; and stiff penalties for the installation of unauthorized facilities.
BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Innovative Government
ATTACHMENTS:
1. Verizon - Small Cell Franchise Ordinance (PDF)
2. Exhibit A to Verizon Small Cell Franchise (PDF)
3. Exhibit B to Verizon Small Cell Franchise (PDF)
08/20/19 Operations Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
9/3/2019 7:00 PM
MOVER: Dennis Higgins, Councilmember
SECONDER: Bill Boyce, Councilmember
AYES: Les Thomas, Bill Boyce, Dennis Higgins
8.H
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1 Small Cell Franchise Agreement--
Verizon Wireless
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, granting to Seattle SMSA
Limited Partnership, dba Verizon Wireless, and its
affiliates, successors and assigns, the right,
privilege, authority and nonexclusive franchise for
five years, to construct, maintain, operate, replace
and repair a small cell telecommunications
network, in across, over, along, under, through and
below certain designated public rights-of-way of
the City of Kent, Washington.
RECITALS
A. Seattle SMSA Limited Partnership, dba Verizon Wireless, (the
“Franchisee”) has requested that the City Council grant it a nonexclusive
franchise (this “Franchise”) to construct, maintain, operate, repair, upgrade,
remove, replace and restore small cell networks in the City’s right-of-way;
and
B. The City Council has the authority to grant franchises for the
use of its streets and other public properties pursuant to RCW 35A.47.040.
C. Small cell facilities are relatively new technology deployed by
wireless providers to meet the evolving needs of consumers and their
increased reliance upon mobile devices. To meet demand, wireless
infrastructure must continue to be upgraded and improved.
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2 Small Cell Franchise Agreement--
Verizon Wireless
D. In contrast to the familiar cell phone towers and monopoles,
small cells are low-powered and low profile wireless base stations that
function like cells in a mobile wireless network and typically cover localized
(smaller) areas. Wireless providers use small cells to provide connectivity in
areas where the coverage and capacity of traditional cell towers are
challenged by terrain or buildings and they also use small cells to provide
enhanced capacity to users (e.g., more data, more quickly). Because they
are smaller, small cells are often mounted to existing structures within the
right-of-way, such as utility poles and light poles.
E. Small cell facilities and networks will also be integral to the
deployment of the next generation of wireless service, known as “5G” or “5th
Generation.” Wireless providers and the Federal Communications Commission
claim that 5G will provide additional capacity in existing networks for
emergency service, increased data use, telecommuting, and the support of
Internet of Things applications.
F. The City embraces and supports small cell technology and the
advances the City expects it to provide, yet also has a fundamental role to
manage the rights-of-way fairly for the residents and tax-payers and protect
the City’s significant investments of time, resources and money in
construction, design standards and undergrounding of utilities.
G. In order to balance the deployment of new technology with the
City’s role to manage the rights-of-way, this franchise includes robust, yet
flexible design standards for the small cells. It also includes requirements to
keep a detailed record of small cell installations, relocation requirements and
penalties for unauthorized installations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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3 Small Cell Franchise Agreement--
Verizon Wireless
ORDINANCE
SECTION 1. - Definitions. In addition to terms otherwise defined
herein, the following definitions shall apply generally to the provisions of
this Franchise.
1.1 “Director” means the Public Works Director, the Economic and
Community Development Director, or his/her designee.
1.2 “Rights-of-Way” (singular “Right-of-Way”) as used in this Franchise,
means the surface of, and the space above and below, any public street,
highway, freeway, bridge, land path, alley, court, boulevard, sidewalk,
way, lane, public way, drive, circle, pathways, spaces, or other public
right-of-way, and over which the City has authority to grant permits,
licenses or franchises for use thereof, or has regulatory authority
thereover. Rights-of-Way for the purpose of this Franchise do not include
railroad right-of-way, airports, harbor areas, buildings, parks, poles,
conduits, open spaces, nature trails, dedicated but un-opened right-of-
way, undedicated streets and/or right-of-way, environmentally sensitive
areas and any land, facilities, or property owned, maintained, or leased by
the City in its governmental or proprietary capacity or as an operator of a
utility.
1.3 “Small Cell Equipment” or “Small Cell Facilities” means Wireless
Telecommunications Facilities attached, mounted, or installed on a
proprietary or leased pole, excluding monopole towers, that is located in
Right-of-Way and used to provide “personal wireless service” as defined in
Title 47, United States Code, Section 332(c)(7)(C), including all future
amendments and is substantially similar in aesthetics and proportion to
those pictured in Exhibit A.
8.H.a
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4 Small Cell Franchise Agreement--
Verizon Wireless
1.4 “Utility Pole” means a pole or vertical structure owned by a utility
company or other third party with the right either pursuant to state law or
a franchise to place such facilities in the Right-of-Way. An “Original Utility
Pole” is a pole that has not been replaced to accommodate Small Cell
Facilities, but that is capable of accommodating Small Cell Facilities. A
“Replacement Utility Pole” means a pole that replaces an Original Utility
Pole to accommodate Small Cell Facilities and does not result in an
increase in the total number of Utility Poles. Each reference to a Utility
Pole herein includes any Original Utility Pole and any Replacement Utility
Pole.
SECTION 2. – Franchise Granted.
2.1 Pursuant to RCW 35A.47.040, the City of Kent, a Washington
municipal corporation (“City”), hereby grants to Franchisee, its successors,
legal representatives and assigns, subject to the terms and conditions set
forth below, a non-exclusive Franchise for a period of five (5) years
beginning on the effective date of this ordinance, set forth in Section 48.
2.2 This Franchise ordinance grants Franchisee the right, privilege, and
authority to construct, operate, maintain, replace, relocate, restore,
upgrade, remove, excavate, acquire, and use the Small Cell Facilities, as
defined in Section 1.3, for its telecommunications network, in, under, on,
across, over, through, along or below the public Rights-of-Way located in
the City of Kent, as approved pursuant to City codes and permits issued
pursuant to this Franchise. This Franchise does not authorize the
installation of any ground mounted equipment anywhere within the
Rights-of-Way.
2.3 This Franchise shall not prevent the City from granting franchises
in, along, over, through, under, below, or across any Rights-of-Way. This
Franchise shall not prevent or prohibit the City from using any Rights-of-
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5 Small Cell Franchise Agreement--
Verizon Wireless
Way or affect its jurisdiction over any Rights-of-Way or any part of Rights-
of-Way. The City shall retain power to make all necessary changes,
relocations, repairs, maintenance, establishment, improvement, dedication
of Right-of-Way as the City deems fit, including the dedication,
establishment, maintenance, and improvement of all new Rights-of-Way,
thoroughfares, and other public properties of every type and description.
SECTION 3. - Grant of Authority Limited.
3.1 The authority granted by this Franchise is a limited authorization to
occupy and use the Rights-of-Way throughout the City (the “Franchise
Area”). The Franchisee is authorized to place its Facilities in the Rights-of-
Way only consistent with this Franchise, the City of Kent Zoning Code, the
Comprehensive Plan, the Area Design and Construction Standards and the
Kent Municipal Code (collectively the “Codes”). Nothing contained herein
shall be construed to grant or convey any right, title, or interest in the
Rights-of-Way of the City to the Franchisee other than for the purpose of
providing telecommunications services. Franchisee hereby warrants that it
expects to provide the following services within the City: small cell
network consisting of a collection of interrelated Small Cell Facilities
designed to deliver personal wireless services (the “Services”). Services
do not include personal wireless services and associated facilities that fall
outside of the definition of Small Cell Facilities (i.e., macro facilities).
3.2 This Franchise does not grant Franchisee the right to install and
operate wires and facilities to provide wireline broadband transmission
services, whether provided by a third party provider, Franchisee, or a
corporate affiliate of Franchisee. Any entity that provides such wireline
broadband transmission services must have an independent franchise to
use the Rights-of-Way outside of this Franchise. Further, this Franchise
does not grant the right to offer cable internet services or Cable Services
as those terms are defined in 47 U.S.C. § 522(6) by wireline transmission.
8.H.a
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6 Small Cell Franchise Agreement--
Verizon Wireless
3.3 This Franchise does not grant Franchisee the right to install any
facility, infrastructure, wires, lines, cables, or other equipment, on any
City property other than a Right-of-Way, or upon private property without
the owner’s consent, or upon or in any City, public or privately owned
poles or conduits.
3.4 Nothing within this Franchise shall be construed to grant or convey
any right, title, or interest in the Rights-of-Way of the City to Franchisee
other than for the purpose of providing the Services, or to subordinate the
primary use of the Right-of-Way as a public thoroughfare.
3.5 If Franchisee desires to expand the Services provided within the
City, it shall request a written amendment to this Franchise. If Franchisee
desires to use City owned property, including poles and structures within
the Rights-of-Way it shall enter into a separate lease or license agreement
with the City.
3.6 Franchisee shall have the right, without prior City approval, to lease
the Facilities, grant a right of user interest in the Facilities or any portion
thereof or offer or provide capacity or bandwidth to its lessees or
customers consistent with this Franchise provided:
a. Franchisee at all times retains exclusive control over its
telecommunications system, Facilities and Services and
remains responsible for constructing, installing, and
maintaining its Facilities pursuant to the terms and
conditions of this Franchise;
b. Franchisee may not grant rights to any customer or lessee
that are greater than any rights Franchisee has pursuant to
this Franchise;
c. Such customer or lessee shall not be construed to be a third-
party beneficiary under this Franchise; and
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7 Small Cell Franchise Agreement--
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d. No such customer or lessee may use the telecommunications
system or Services for any purpose not authorized by this
Franchise, nor to sell or offer for sale any service to the
citizens of the City without all required business licenses,
franchise or other form of state wide approval.
SECTION 4. - Location of Facilities.
4.1 Franchisee may locate its Facilities anywhere within the Franchise
Area consistent with the City’s Design and Construction Standards and
area design and construction standards and subject to the City’s applicable
Code requirements. Franchisee shall not be required to amend this
Franchise to construct or acquire Facilities within the Franchise Area,
provided that Franchisee does not expand its Services beyond those
described in Section 3.1.
4.2 To the extent that any Rights-of-Way within the Franchise Area are
part of the state highway system (“State Highways”) and are governed by
the provisions of chapter 47.24 RCW and applicable Washington State
Department of Transportation (“WSDOT”) regulations, Franchisee shall
comply fully with these requirements in addition to local ordinances and
other applicable regulations. Without limitation of the foregoing,
Franchisee specifically agrees that:
a. any pavement trenching and restoration performed by
Franchisee within State Highways shall meet or exceed
applicable WSDOT requirements;
b. any portion of a State Highway damaged or injured by
Franchisee shall be restored, repaired and/or replaced by
Franchisee to a condition that meets or exceeds applicable
WSDOT requirements; and
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8 Small Cell Franchise Agreement--
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c. without prejudice to any right or privilege of the City, WSDOT
is authorized to enforce in an action brought in the name of
the State of Washington any condition of this Franchise with
respect to any portion of a State Highway.
SECTION 5. - Relocation of Small Cell Facilities.
5.1 Relocation Requirement. Franchisee agrees to protect, support,
temporarily disconnect and then reconnect, relocate, or remove from any
Rights-of-Way any of its Facilities when reasonably required by the City by
reason of traffic conditions, public safety, dedications of new Rights-of-
Way, the establishment and improvement of new Rights-of-Way, widening
or improvement of existing Rights-of-Way or both, street vacations,
freeway construction, change or establishment of street grade, or the
construction of any public improvement or structure by any governmental
agency acting in a governmental capacity or as otherwise necessary for
the operations of the City or other governmental entity. Collectively, such
matters are referred to within this Franchise with the term “Public
Improvement.”
5.2 Relocation. If the request for relocation from the City arises from a
Public Improvement, in which structures or poles are either replaced or
removed, then Franchisee shall relocate or remove its Facilities as required
by the City, and at no cost to the City, subject to the procedure in Section
5.4. Franchisee acknowledges and agrees that the placement of Small
Cell Facilities on third-party owned or City owned structures does not
convey an ownership interest in such structures. Franchisee acknowledges
and agrees, that to the extent Franchisee’s Small Cell Facilities are on
poles owned by third parties, the City shall not be responsible for any
costs associated with requests for relocation which the City makes solely
for aesthetic purposes and where such request arises out of a Public
Improvement.
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9 Small Cell Franchise Agreement--
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5.3 Locate. Upon written request of the City, or a third party
performing work in the Right-of-Way, and in order to facilitate the design
of City street and Right-of-Way improvements, Franchisee agrees, at its
sole cost and expense, to locate, and if determined necessary by the City,
to excavate and expose its Facilities for inspection so that the Facilities’
location may be taken into account in the improvement design. The
decision as to whether any Facilities need to be relocated in order to
accommodate the Public Improvement shall be made by the City upon
review of the location and construction of Franchisee’s Facilities. The City
shall provide Franchisee at least fourteen (14) calendar days’ written
notice prior to any excavation or exposure of Facilities. Franchisee shall
be responsible for any delays due to failure to locate its Facilities when
requested, except that Franchisee shall not be responsible for delays or
damages due to circumstances beyond the control of the Franchisee.
5.4 Notice and Relocation Process. If the City determines that the
project necessitates the relocation of Franchisee’s existing Facilities, the
City shall:
a. At least ninety (90) calendar days prior to commencing the
project, provide Franchisee with written notice requiring such
relocation and a date by which relocation must be complete;
provided, however, that in the event of an emergency
situation, defined for purposes of this Franchise as a condition
posing an imminent threat to property, life, health, or safety
of any person or entity, the City shall give Franchisee written
notice as soon as practicable; and
b. At least ninety (90) calendar days prior to commencing the
project, provide Franchisee with copies of pertinent portions
of the plans and specifications for the improvement project
and a proposed location for Franchisee’s Facilities so that
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10 Small Cell Franchise Agreement--
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Franchisee may relocate its Facilities in other City Rights-of-
Way in order to accommodate such improvement project;
and
c. After receipt of such notice and such plans and specifications,
Franchisee shall complete relocation of its Facilities consistent
with the date for relocation established in accordance with
this Section 5.4(a) at no charge or expense to the City,
except as otherwise provided by law. Relocation shall be
accomplished in such a manner as to accommodate the Public
Improvement.
5.5 Alternative Arrangements. The Franchisee may make its own
appropriate arrangements in response to a request for relocation of its
Facilities from a person or entity other than the City, so long as any
improvements being constructed are not or will not become City-owned,
operated or maintained; except that any such arrangements shall not
unduly delay a City construction project.
5.6 Contractor Delay Claims. Franchisee shall be solely responsible for
the out-of-pocket costs incurred by the City for delays in a Public Project
to the extent the delay is caused by or arises out of Franchisee's failure to
comply with the final schedule for the relocation (other than as a result of
a Force Majeure Event or causes or conditions caused by the acts or
omissions of the City or any third party unrelated to Franchisee;
Franchisee vendors and contractors shall not be considered unrelated third
parties). Such out-of-pocket costs may include, but are not limited to,
payment to the City's contractors and/or consultants for increased costs
and associated court costs, interest, and reasonable attorneys' fees
incurred by the City to the extent directly attributable to such Franchisee’s
caused delay in the Public Project.
8.H.a
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5.7 Indemnification. Franchisee will indemnify, hold harmless, and pay
the costs of defending the City, in accordance with the provisions of
Section 22.
5.8 Moving of Buildings or Other Objects. Franchisee shall, on the
request of any individual or private entity holding a valid permit issued by
a governmental authority, temporarily remove, raise or lower its Facilities
to permit the moving of buildings or other objects. The expense of such
temporary removal, raising or lowering of Facilities shall be at the expense
of the requestor.
5.9 City’s Costs. If Franchisee fails, neglects, or refuses to remove or
relocate its Facilities as directed by the City following the procedures
outlined in this Section 5, the City may perform such work or cause it to
be done, and the City’s costs shall be paid by Franchisee pursuant to
Sections 15.3 and 15.4.
5.10 Survival. The provisions of this Section 5 shall survive the
expiration or termination of this Franchise during such time as Franchisee
continues to have Facilities in the Rights-of-Way.
SECTION 6. - Undergrounding of Facilities.
6.1 No installation of Small Cell Facilities in Undergrounded Areas.
Franchisee shall not install Small Cell Facilities in areas that already have
undergrounding of aerial utilities, except as authorized by the Director and
in compliance with any Kent construction standards. Any Facilities so
located shall be approved by the Director and if such Facilities include the
installation of a new pole or installation on a City-owned pole, Franchisee
shall be required to enter into a separate agreement with the City for such
installations.
8.H.a
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6.2 Requirement to Remove Small Cell Facilities. Franchisee hereby
acknowledges and agrees that whenever the City requires the
undergrounding of the aerial utilities in any area of the City, which
includes the removal of structures (e.g., Utility Poles) in the Rights-of-
Way, Franchisee will also be required to remove or relocate its Facilities
from such structures within the timeframe set for such undergrounding
project. If the aerial utilities are required to be undergrounded,
Franchisee’s grant of permission for Small Cell Facilities on Utility Poles in
that area will be automatically revoked upon removal of these Utility
Poles. Franchisee may re-install any Small Cell Facilities only as
authorized by the Director and in compliance with any Kent Construction
Standards, unless otherwise approved by the Director. Installation of new
poles shall require a site specific separate agreement pursuant to chapter
35.99 RCW.
6.3 Survival. The provisions of this Section 6 shall survive the
expiration, revocation, or termination of this Franchise. Nothing in this
Section 6 shall be construed as requiring the City to pay any costs of
undergrounding any of the Franchisee’s Facilities.
SECTION 7. - Information, Inventory and Records.
7.1 Information Request.
a. Franchisee shall supply and maintain updated, at no cost to
the City, any information reasonably requested by the City to
coordinate its functions with the Franchisee’s activities and
fulfill any municipal functions under state law. This required
information may include, but is not limited to, any installation
inventory, location of existing or planned Facilities, maps,
plans, operational data, and as-built drawings of Franchisee’s
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Facilities in the City. Franchisee shall warrant the accuracy of
all information provided to the City.
b. Within thirty (30) calendar days of a written request from the
Director, but in no event more than once annually, the
Franchisee shall furnish the City with information sufficient to
demonstrate: 1) that the Franchisee has complied with all
applicable requirements of this Franchise; and 2) that all
utility taxes due the City in connection with the Franchisee’s
services and Facilities provided by the Franchisee have been
properly collected and paid by the Franchisee.
7.2 Current Inventory.
a. Franchisee shall maintain a current inventory of Small Cell
Facilities throughout the Term of this Franchise. Franchisee
shall provide to City a copy of the inventory report no later
than one hundred eighty (180) calendar days after the
Effective Date of this Franchise, and an updated inventory
report shall be provided by December 31 of each year and
within thirty (30) calendar days of a reasonable request by
the City. The inventory report shall include GIS coordinates,
date of installation, type of pole used for installation,
description/type of installation for each Small Cell Facility
installation and photographs taken before and after the
installation of the Small Cell Facility and taken from the public
street.
b. Small Cell Facilities that are considered Deactivated Facilities,
as described in Section 24.1, shall be included in the
inventory report and Franchisee shall provide the same
information as is provided for active installations as well as
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the date the Facilities were deactivated and the date the
Deactivated Facilities were removed from the Right-of-Way.
The City shall compare the inventory report to its records to
identify any discrepancies, and the parties will work together
in good faith to resolve any discrepancies. Franchisee is not
required to report on future inventory reports any
Deactivated Facilities which were removed from the Right-of-
Way since the last reported inventory and may thereafter
omit reference to the Deactivated Facilities. Franchisee shall
keep the City reasonably informed of its long-range plans for
coordination with the City’s long-range plans.
7.3 Inspection. All books, records, maps, and other documents
maintained by Franchisee with respect to its Facilities within the Rights-of-
Way shall be made available for inspection by the City at reasonable times
and intervals; except that nothing in this Section 7.3 shall be construed to
require Franchisee to violate state or federal law regarding customer
privacy, nor shall this Section 7.3 be construed to require Franchisee to
disclose proprietary or confidential information without adequate
safeguards for its confidential or proprietary nature. Unless otherwise
permitted or required by state or federal law, nothing in this Section 7.3
shall be construed as permission to withhold relevant customer data from
the City that the City requests in conjunction with a tax audit or review;
provided, however, Franchisee may redact identifying information such as
names, street addresses (excluding City and zip code), Social Security
Numbers, or Employer Identification Numbers related to any
confidentiality agreements Franchisee has with third parties.
7.4 Public Records Act.
a. Franchisee acknowledges that information submitted to the
City is subject to the Washington Public Records Act, chapter
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42.56 RCW, and is open to public inspection, subject to any
exceptions permitted by law (i.e., unless an exemption
applies).
b. Franchisee may identify documents submitted to the City that
Franchisee believes are non-disclosable, such as trade
secrets. Franchisee shall be responsible for clearly and
conspicuously identifying the work as confidential or
proprietary, and shall provide a brief written explanation as
to why such information is confidential and how it may be
treated as such under state or federal law. The City agrees
to keep confidential any proprietary or confidential books or
records to the extent permitted by law.
c. If the City receives a public records request under chapter
42.56 RCW or similar law for the disclosure of the documents
or any part of the documents Franchisee has designated as
confidential, trade secret, or proprietary, the City shall
provide Franchisee with written notice of the request,
including a copy of the request prior to disclosure so that
Franchisee can take appropriate steps to protect its interests.
Nothing in this Section 7.4 prohibits the City from complying
with chapter 42.56 RCW or any other applicable law or court
order requiring the release of public records, and the City
shall not be liable to Franchisee for compliance with any law
or court order requiring the release of public records. The
City will not assert an exemption from disclosure or
production on Franchisee’s behalf.
d. The City shall comply with any injunction or court order
obtained by Franchisee that prohibits the disclosure of any
such confidential records. If a higher court overturns an
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injunction or court order and such higher court action is or
has become final and non-appealable, Franchisee shall
reimburse the City for any fines or penalties imposed for
failure to disclose such records within forty-five (45) calendar
days of a request from the City, unless additional time is
reasonably necessary under the circumstances and is agreed
to by the parties.
7.5 Annual Audit. On an annual basis, upon thirty (30) calendar days
prior written notice, the City shall have the right to conduct an
independent audit of Franchisee's records reasonably related to the
administration or enforcement of this Franchise, in accordance with GAAP.
If the audit shows that tax or fee payments have been underpaid by three
percent (3%) or more, Franchisee shall pay the total cost of the audit.
SECTION 8. - Work in the Rights-of-Way.
8.1 During any period of relocation, construction or maintenance, all
work performed by Franchisee or its contractors shall be accomplished in a
safe and workmanlike manner and only after obtaining permits pursuant
to Section 8.3. Franchisee shall minimize interference with the free
passage of traffic and the free use of adjoining property, whether public or
private. Franchisee shall at all times post and maintain proper traffic
control to warn and direct the road users. Traffic control devices include
but are not limited to barricades, traffic cones, traffic drums, tubular
markers, flags, certified flaggers, lights, flares, and other measures as
required for the safety of all members of the general public. Franchisee
shall also comply with all applicable safety regulations during such period
of construction as required by the ordinances of the City or the laws of the
State of Washington, including RCW 39.04.180 for the requirement of
trench safety systems for trench excavations. The provisions of this
Section 8.1 shall survive the expiration or termination of this Franchise
8.H.a
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and during such time as Franchisee continues to have Facilities in the
Rights of Way.
8.2 Franchisee shall, at its own expense, maintain its Facilities in a safe
condition, in good repair, and in a manner suitable to the City.
Additionally, Franchisee shall keep its Facilities free of debris and anything
of a dangerous, noxious, or offensive nature or which would create a
hazard or undue vibration, heat, noise, or any interference with City
services. The provisions of this Section 8.2 shall survive the expiration of
this Franchise during such time as Franchisee continues to have Facilities
in the Rights-of-Way.
8.3 Whenever Franchisee shall commence work in any Rights-of-Way
for the purpose of excavation, installation, construction, repair,
maintenance, or relocation of its Facilities, it shall apply to the City for a
permit to do so. During the progress of the work, the Franchisee shall not
unnecessarily obstruct the passage or proper use of the Rights-of-Way,
and all work by the Franchisee in the area shall be performed in
accordance with applicable City standards and specifications and
warranted for a period of two (2) years. In no case shall any work
commence within any Rights-of-Way without a permit, except as
otherwise provided in this Franchise.
8.4 If either the City or Franchisee plans to make excavations in any
area covered by this Franchise and as described in this Section 8.4, the
party planning such excavation shall afford the other an opportunity to
share such excavation, PROVIDED THAT:
a. The joint use shall not unreasonably delay the work of the
party causing the excavation to be made;
b. The joint use shall be arranged and accomplished on terms
and conditions satisfactory to both parties; and
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c. The initiating party may deny such request for safety
reasons.
8.5 Upon prior written notice from the City, Franchisee shall meet with
the City and other franchise holders to schedule and coordinate
construction in the Rights-of-Way. To minimize public inconvenience,
disruption or damage, the Franchisee shall coordinate all construction
locations, activities, and schedules as reasonably directed by the City.
8.6 Franchisee acknowledges that it shall be solely responsible for
compliance with all marking and lighting requirements of the FAA and the
FCC with respect to Franchisee’s Facilities. Franchisee shall indemnify,
defend and hold the City harmless from any fines or other liabilities caused
by Franchisee’s failure to comply with these requirements. Should
Franchisee or the City be cited by either the FCC or the FAA because the
Facilities or Franchisee’s equipment is not in compliance and should
Franchisee fail to cure the conditions of noncompliance within the
timeframe allowed by the citing agency, the City may elect any or all of
the following remedies: (1) cure the conditions of noncompliance at
Franchisee’s expense, and collect all reasonable costs from Franchisee in
accordance with the provisions of Section 15.3 and Section 15.4; (2)
collect damages pursuant to Section 28.2; or (3) revoke this Franchise
pursuant to Section 27. Franchisee shall not be liable for any claims,
damages or liability resulting from City’s acts in effecting the cure on
behalf of Franchisee.
SECTION 9. – Trees.
9.1 Franchisee may trim trees upon and overhanging on Rights-of-Way,
streets, alleys, sidewalks, and other public places of the City so as to
prevent the branches of any such trees from coming in contact with
Franchisee’s Facilities. The right to trim trees in this Section 9.1 only
8.H.a
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applies to the extent necessary to protect above ground Facilities.
Franchisee shall avoid unnecessary trimming of trees and vegetation in
the vicinity of its Facilities and shall avoid damaging any trees or
vegetation. Franchisee shall ensure that its tree trimming activities
protect the appearance, integrity, and health of the trees to the extent
reasonably possible. Franchisee shall be responsible for all debris removal
from such activities.
9.2 Upon the written request of the Director, Franchisee shall prepare
and maintain a tree trimming schedule to ensure compliance with this
Section 9.2 and to avoid exigent circumstances where tree cutting,
trimming, or removal is necessary to protect the public safety or continuity
of service. Franchisee shall submit the tree trimming schedule to the
Director. Franchisee shall notify and obtain written approval from the
City, which shall not be unreasonably withheld, delayed or conditioned,
before completing any trimming, except in an emergency.
9.3 All tree trimming shall be completed at the expense of Franchisee.
Franchisee may contract for such services, however, City approval is
required prior to commencing such trimming, which shall not be
unreasonably withheld, delayed or conditioned. Nothing in this Franchise
grants Franchisee any authority to act on behalf of the City, to enter upon
any private property, or to trim any tree or natural growth not owned by
the City. Except in an emergency, all tree trimming must be performed
under the direction of an arborist certified by the International Society of
Arboriculture, unless otherwise approved by the Director.
9.4 Franchisee shall be solely responsible and liable for any damage to
any third parties’ trees or natural growth caused by Franchisee’s actions.
Franchisee shall indemnify, defend and hold harmless the City from claims
of any nature arising out of any act or negligence of Franchisee with
regard to tree and/or natural growth trimming, damage, and/or removal.
8.H.a
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Franchisee shall reasonably compensate the City or the property owner for
any damage caused by trimming, damage, or removal by Franchisee.
SECTION 10. - One Call Locator Service.
Prior to doing any work in the Rights-of-Way, Franchisee shall follow
established procedures, including contacting the Utility Notification Center
in Washington and comply with all applicable State statutes regarding the
One Call Locator Service pursuant to chapter 19.122 RCW. Further, upon
request by the City or a third party, Franchisee shall locate its Facilities
consistent with the requirements of chapter 19.122 RCW. The City shall
not be liable for any damages to Franchisee’s Facilities or for interruptions
in service to Franchisee’s customers that are a direct result of Franchisee’s
failure to locate its Facilities within the prescribed time limits and
guidelines established by the One Call Locator Service regardless of
whether the City issued a permit.
SECTION 11. - Safety Requirements.
11.1 Franchisee shall, at all times, employ professional care and shall
install and maintain and use industry-standard methods for preventing
failures and accidents that are likely to cause damage, injuries, or
nuisances to the public. All structures and all lines, equipment, and
connections in, over, under, and upon the Rights-of-Way, wherever
situated or located, shall at all times be kept and maintained in a safe
condition. Franchisee shall comply with all federal, state, and City safety
requirements, rules, regulations, laws, and practices, and employ all
necessary devices as required by applicable law during the construction,
operation, maintenance, upgrade, repair, or removal of its Facilities. By
way of illustration and not limitation, Franchisee shall also comply with the
applicable provisions of the National Electric Code, National Electrical
Safety Code, FCC regulations, and Occupational Safety and Health
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Administration (OSHA) Standards. The City reserves the general right to
inspect the Facilities to evaluate if they are constructed and maintained in
a safe condition.
11.2 If an unsafe but non-emergent condition or a violation of Section
11.1 is found to exist, and becomes known to the City, the City agrees to
give Franchisee written notice of such condition and afford Franchisee a
reasonable opportunity to repair the condition. If Franchisee fails to start
to make the necessary repairs and alterations within a reasonable time
frame specified in such notice (and pursue such cure to completion), then
the City may make such repairs or contract for them to be made. All
costs, including administrative costs, incurred by the City in repairing any
unsafe conditions shall be borne by Franchisee and reimbursed to the City
pursuant to Sections 15.3 and 15.4.
11.3 Additional safety standards include:
a. Franchisee shall endeavor to maintain all Facilities in an
orderly manner, including, but not limited to, the placement
of any cables connecting equipment in an orderly manner.
b. All installations of equipment, lines, and ancillary facilities
shall be installed in accordance with industry-standard
engineering practices and shall comply with all federal, state,
and local regulations, ordinances, and laws.
c. The Franchisee shall at all times protect any opening or
obstruction in the Rights-of-Way or other public places made
by Franchisee in the course of its operations by the
placement of adequate barriers, fences, or boarding, the
bounds of which, during periods of dusk and darkness, shall
be clearly marked and visible.
8.H.a
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11.4 On notice from the City that any work is being performed contrary
to the provisions of this Franchise, or in an unsafe or dangerous manner
as reasonably determined by the City, or in violation of the terms of any
applicable permit, laws, regulations, ordinances, or standards, the work
may immediately be stopped by the City. The stop work order shall:
a. Be in writing;
b. Be given to the person doing the work or posted on the work
site;
c. Be sent to Franchisee by overnight delivery;
d. Indicate the nature of the alleged violation or unsafe
condition; and
e. Establish conditions under which work may be resumed.
SECTION 12. - Work of Contractors and Subcontractors.
Franchisee’s contractors and subcontractors shall be licensed and bonded
in accordance with State law and the City’s ordinances, regulations, and
requirements. Work by contractors and subcontractors are subject to the
same restrictions, limitations, and conditions as if the work were
performed by Franchisee. Franchisee shall be responsible for all work
performed by its contractors and subcontractors and others performing
work on its behalf as if the work were performed by Franchisee and shall
ensure that all such work is performed in compliance with this Franchise
and applicable law.
SECTION 13. – Restoration after Construction.
13.1 Franchisee shall repair any damage to the Rights-of-Way, and the
property of any third party, after installation, construction, relocation,
maintenance, or repair of its Facilities or after abandonment approved
pursuant to Section 24, within thirty (30) days following the date of any of
these activities at Franchisee’s sole cost and expense. Franchisee shall
8.H.a
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restore the Rights-of-Way and the surface of the Rights-of-Way to the
same or better condition as it was immediately prior to any installation,
construction, relocation, maintenance or repair by Franchisee, reasonable
wear and tear excepted. Franchisee shall not be responsible for any
changes to the Rights-of-Way not caused by Franchisee or anyone doing
work for Franchisee. No survey monument may be removed (or replaced)
without a professional land surveyor obtaining a permit in advance from
the Washington State Department of Natural Resources and submitting a
copy of the approved permit to the City. Franchisee shall restore all
concrete encased monuments that will be disturbed or displaced by such
work to City standards and specifications. The Director shall have final
approval of the condition of the Rights-of-Way after repair or restoration
by the Franchisee.
13.2 Franchisee agrees to complete all restoration work to the Franchise
Area or other affected area at its sole cost and expense and according to
the time and terms specified in the construction permit issued by the City.
All work by Franchisee pursuant to this Franchise shall be performed in
accordance with applicable City standards and warranted for a period of
two (2) years and for undiscovered defects as is standard and customary
for this type of work.
13.3 If conditions (e.g., weather) make the complete restoration required
under this Section 13 impracticable, Franchisee shall temporarily restore
the affected Right-of-Way or property. Such temporary restoration shall
be at Franchisee’s sole cost and expense. Franchisee shall promptly
undertake and complete the required permanent restoration when
conditions no longer make such permanent restoration impracticable.
13.4 If Franchisee does not repair a Right-of-Way or an improvement in
or to a Right-of-Way within the reasonable time agreed to by the Public
Works Director, or his/her designee, the City may repair the damage and
8.H.a
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24 Small Cell Franchise Agreement--
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shall be reimbursed its actual cost within sixty (60) calendar days of
submitting an invoice to Franchisee in accordance with the provisions of
Section 15.3 and Section 15.4. In addition, and pursuant to Section 15.3
and 15.4, the City may bill Franchisee for expenses associated with the
inspection of such restoration work. The failure by Franchisee to complete
such repairs shall be considered a breach of this Franchise and is subject
to remedies by the City including the imposition of damages consistent
with Section 28.2.
13.5 The provisions of this Section 13 shall survive the expiration or
termination of this Franchise so long as Franchisee continues to have
Facilities in the Rights-of-Way and has not completed all restoration to the
City’s standards.
SECTION 14. - Emergency Work/Dangerous Conditions.
14.1 In the event of any emergency in which any of Franchisee’s
Facilities located in the Rights-of-Way breaks, falls, becomes damaged, or
if Franchisee’s Facilities is otherwise in such a condition as to immediately
endanger the property, life, health or safety of any person, entity or the
City, Franchisee shall immediately take the proper emergency measures to
repair its Facilities, to cure or remedy the dangerous conditions for the
protection of property, life, health or safety of any person, entity or the
City without first applying for and obtaining a permit as required by this
Franchise. However, this shall not relieve Franchisee from the
requirement of obtaining any permits necessary for this purpose, and
Franchisee shall apply for all such permits on the next day Kent City Hall is
open for business.
14.2 The City retains the right and privilege to cut, move or remove any
Small Cell Facilities located within the Rights-of-Way of the City, as the
City may determine to be necessary, appropriate or useful in response to
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25 Small Cell Franchise Agreement--
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any public health or safety emergency, including the knockdown of a
Utility Pole with Small Cell Facilities.
14.3 The City shall not be liable for any damage to or loss of Facilities
within the Rights-of-Way as a result of or in connection with any public
works, public improvements, construction, grading, excavation, filling, or
work of any kind in the Rights-of-Way by or on behalf of the City, except
to the extent directly and proximately caused by the gross negligence or
willful acts of the City, its employees, contractors, or agents. The City
shall further not be liable to Franchisee for any direct, indirect, or any
other such damages suffered by any person or entity of any type as a
direct or indirect result of the City’s actions under this Section 14 except
to the extent caused by the gross negligence or willful acts of the City, its
employees, contractors, or agents.
14.4 Whenever the construction, installation or excavation of Facilities
authorized by this Franchise has caused or contributed to a condition that
appears to substantially impair the lateral support of the adjoining street
or public place, or endangers the public, an adjoining public place, street
utilities or City property, the Public Works Director may direct Franchisee,
at Franchisee’s own expense, to take reasonable action to protect the
public, adjacent public places, City property or street utilities, and such
action may include compliance within a prescribed time. If the Franchisee
fails or refuses to promptly take the actions directed by the City, or fails to
fully comply with such directions, or if emergency conditions exist which
require immediate action, before the City can timely contact Franchisee to
request Franchisee effect the immediate repair, the City may access the
Facilities and take such reasonable actions as are necessary to protect the
public, the adjacent streets, or street utilities, or to maintain the lateral
support thereof, or reasonable actions regarded as necessary safety
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precautions, and Franchisee shall be liable to the City for the costs
thereof.
14.5 Franchisee shall promptly reimburse the City in accordance with the
provisions of Section 15.3 and Section 15.4 for any and all costs the City
reasonably incurs in response to any emergency situation involving
Franchisee’s Facilities, to the extent the emergency is not the fault of the
City. The City agrees to simultaneously seek reimbursement from any
franchisee or permit holder who caused or contributed to the emergency
situation.
SECTION 15. - Recovery of Costs, Taxes and Fees.
15.1 The City may charge for the actual administrative expenses incurred
by the City that are directly related to the receiving and approving this
Franchise pursuant to RCW 35.21.860, including the costs associated with
the City’s legal costs incurred in drafting and processing this Franchise.
No permits shall be issued for the installation of any Facilities until such
time as the City has received payment of this fee.
15.2 Franchisee shall further be subject to all permit fees associated with
activities undertaken through the authority granted in this Franchise or
under the laws of the City. Where the City incurs costs and expenses for
review, inspection, or supervision of activities, including but not limited to
reasonable fees associated with attorneys, consultants, City Staff and City
Attorney time, undertaken through the authority granted in this Franchise
or any ordinances relating to the subject for which a permit fee is not
established, Franchisee shall pay such costs and expenses directly to the
City in accordance with the provisions of Section 15.3.
15.3 Franchisee shall reimburse the City within sixty (60) calendar days
of submittal by the City of an itemized billing for reasonably incurred
costs, itemized by project, for Franchisee’s proportionate share of all
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actual, identified expenses incurred by the City in planning, constructing,
installing, repairing, altering, or maintaining any City facility as the result
of the presence of Franchisee’s Facilities in the Rights-of-Way. Such costs
and expenses shall include but not be limited to Franchisee’s proportionate
cost of City personnel assigned to oversee or engage in any work in the
Rights-of-Way as the result of the presence of Franchisee’s Facilities in the
Rights-of-Way. Such costs and expenses shall also include Franchisee’s
proportionate share of any time spent reviewing construction plans in
order to either accomplish the relocation of Franchisee’s Facilities or the
routing or rerouting of any utilities so as not to interfere with Franchisee’s
Facilities.
15.4 The time of City employees shall be charged at their respective rate
of salary, including overtime if applicable, plus benefits and reasonable
overhead. Any other costs will be billed proportionately on an actual cost
basis. All billings will be itemized so as to specifically identify the costs
and expenses for each project for which the City claims reimbursement. A
charge for the actual costs incurred in preparing the billing may also be
included in the billing. At the City’s option, the billing may be on an
annual basis, but the City shall provide the Franchisee with the City’s
itemization of costs, in writing, at the conclusion of each project for
information purposes.
15.5 Franchisee hereby warrants that its operations as authorized under
this Franchise are those of a telephone business as defined in RCW
82.16.010, or service provider as defined in RCW 35.99.010. As a result,
the City will not impose a franchise fee under the terms of this Franchise,
other than as described herein. The City hereby reserves its right to
impose a franchise fee on Franchisee if Franchisee’s operations as
authorized by this Franchise change such that the statutory prohibitions of
RCW 35.21.860 no longer apply, or if statutory prohibitions on the
8.H.a
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imposition of such fees are removed. In either instance, the City also
reserves its right to require that Franchisee obtain a separate Franchise
for its change in use. Nothing contained herein shall preclude Franchisee
from challenging any such new fee or separate agreement under
applicable federal, state, or local laws.
15.6 Franchisee acknowledges that certain of its operations within the
City constitute a telecommunication business subject to the utility tax
imposed pursuant to chapter 3.18 of the Kent City Code. Franchisee
stipulates and agrees that certain of its business activities are subject to
taxation as a telecommunication business and that Franchisee shall pay to
the City the rate applicable to such taxable services under chapter 3.18 of
the Kent City Code, and consistent with state and federal law. The parties
agree however, that nothing in this Franchise shall limit the City's power
of taxation as may exist now or as later imposed by the City. This
provision does not limit the City's power to amend chapter 3.18 of the
Kent City Code as may be permitted by law.
SECTION 16. - Small Cell Facilities – Approvals and Permits.
16.1 City Retains Approval Authority. The City shall have the authority
at all times to control by appropriately exercised police powers through
ordinance or regulation, consistent with 47 U.S.C. § 253, 47 U.S.C. §
332(c)(7) and the laws of the State of Washington, the location, elevation,
manner of construction, and maintenance of any Small Cell Facilities by
Franchisee, and Franchisee shall promptly conform with all such
requirements, unless compliance would cause Franchisee to violate other
requirements of law. This Franchise does not prohibit the City from
exercising its rights under federal, state or local law to deny or give
conditional approval to an application for a permit to construct any
individual Small Cell Facility.
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16.2 City Approvals and Permits. The granting of this Franchise is not a
substitute for any other City required approvals to construct Franchisee’s
Facilities in the Rights-of-Way (“City Approvals”). The parties agree that
such City Approvals (except Right-of-Way use permits as described in
Section 8.3) are not considered use permits, as that term is defined in
RCW 35.99.010. These City Approvals do not grant general authorization
to enter and utilize the Rights-of-Way but rather grant Franchisee
permission to build its specific Small Cell Facilities. Therefore City
Approvals are not subject to the thirty (30) day issuance requirement
described in RCW 35.99.030. The parties recognize that this provision is
specifically negotiated as consideration for designating the entire City as
the Franchise Area. Such City Approvals shall be issued consistent with
the Codes, state and federal laws governing wireless communication
facility siting and shall be in addition to any permits required under
Section 8.3. This Section does not affect the thirty (30) day issuance
requirement described in RCW 35.99.030 required for use permits such as
Right-of-Way use permits and traffic control permits.
SECTION 17. – Design Standards. Franchisee shall construct its
Facilities consistent with the concealment or stealth requirements as
described or shown in the Kent City Code, any Kent Construction
Standards, this Franchise and in the applicable permit(s), in order to
minimize the visual impact of such Facilities. These requirements are
intended and stipulated to be concealment features when considering
whether a proposed modification is a substantial change under Section
6409(a) of the Spectrum Act, 47 U.S.C. § 1455(a). These requirements
are intended to be used solely for the purpose of concealment and siting.
Nothing shall be interpreted or applied in a manner which dictates the use
of a particular technology. When strict application of these standards or
requirements would unreasonably impair the function of the technology
chosen by the applicant, alternative forms of concealment or deployment
8.H.a
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may be permitted which provide similar or greater protections from
negative visual impacts to the streetscape.
SECTION 18. – Unauthorized Facilities. Any Small Cell Facilities
installations in the City Right-of-Way that were not authorized under this
Franchise or other required City Approval or were installed substantially
out of compliance with the concealment or stealth requirements as
described or shown in the Kent City Code, any Kent Construction
Standards, this Franchise and in the applicable permit(s) (“Unauthorized
Facilities”), will be subject to the payment of an Unauthorized Facilities
charge by Franchisee. City shall provide written notice to Franchisee of
any Unauthorized Facilities identified by City staff and Franchisee shall
have thirty (30) calendar days thereafter in which to establish that this
installation was authorized or obtain the applicable permit. Failure to
establish that the installation is authorized will result in the imposition of
an Unauthorized Facilities charge in the amount of One Thousand Dollars
($1,000.00) per Unauthorized Facility per day starting on the thirty-first
(31st) day. Franchisee may submit an application to the City under this
Franchise for approval of the Unauthorized Facilities. If the application for
the Unauthorized Facilities is not approved, Franchisee shall remove the
Unauthorized Facilities from the City’s Right-of-Way within thirty (30)
calendar days after the expiration of all appeal periods for such denial.
The City shall not refund any Unauthorized Facilities charges, unless
Franchisee is successful in an appeal. This Franchise remedy is in addition
to any other remedy available to the City at law or equity.
SECTION 19. - Graffiti Abatement. As soon as practical, but not
later than fourteen (14) days from the date Franchisee receives written
notice or is otherwise aware, Franchisee shall remove all graffiti on any of
its Small Cell Facilities in which it is the owner of the pole or structure or
on the Small Cells Facilities themselves attached to a third-party pole
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31 Small Cell Franchise Agreement--
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(e.g., graffiti on the shrouding protecting the radios). The foregoing shall
not relieve Franchisee from complying with any City graffiti or visual blight
ordinance or regulation.
SECTION 20. - Emissions Reports.
20.1 Franchisee is obligated to comply with all laws relating to allowable
presence of or human exposure to Radiofrequency Radiation ("RFs") or
Electromagnetic Fields ("EMFs") on or off any poles or structures in the
Rights-of-Way, including all applicable FCC standards as now or hereafter
adopted, whether such RF or EMF presence or exposure results from the
Small Cell Facility alone or from the cumulative effect of the Small Cell
Facility added to all other sources on or near the specific pole or structure.
20.2 Franchisee must provide to the City a copy of the report (the
“Emissions Report”) from a duly qualified engineer analyzing whether RF
and EMF emissions at the proposed Small Cell Facility locations would
comply with FCC General Population standards. Franchisee may provide
one standard Emissions Report which certifies that a standard Small Cell
configuration (including power output, elevation of antennas above ground
level, number of antennas) complies with FCC standards for its entire
deployment, provided that the configuration of its Facilities remains
identical (“Master Emissions Report”). Franchisee shall provide multiple
Master Emissions Reports if it deploys different configurations within the
City. All applications for Small Cells shall certify that the configuration is
the same as or emits less emissions than the design in the standard
Emissions Report. If an installation differs from the standard report as
being more intrusive, then Franchisee will be required to provide a
customized Emissions Report for such Small Cell installation. If not
provided earlier as part of a Master Emissions Report, Franchisee must
submit the Emissions Report to the City with the applicable Small Cell
Permit application. Further, following any subsequent modification to a
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Small Cell Facility that materially alters the configuration of such Small
Cell Facility, Franchisee shall, at its own cost and expense, perform an RF
emissions test following such modification to validate that the Small Cell
Facilities once modified comply with the FCC standards.
20.3 If the City discovers that the emissions from a Facility exceeds the
FCC standards, then the City may order Franchisee to immediately turn off
the Facility or portion thereof committing the violation, until the emissions
exposure is remedied.
20.4 If Small Cell Facilities have already been installed by the Franchisee
or other entities within the vicinity of a proposed Small Cell Facility,
Franchisee shall provide an Emissions Report for the proposed Facility that
includes the cumulative effects of all of these already existing Facilities.
SECTION 21. – No Interference.
21.1 Interference with Public Facilities. Franchisee’s Small Cell Facilities
shall not interfere with any City operations (including, but not limited to,
traffic lights, radio systems, or other City communications infrastructure),
or PSERN (or its successor entity) communications operation or
equipment. If the City reasonably determines that the Small Cell Facilities
cause such interference, Franchisee shall respond to the City’s request to
address the source of the interference as soon as practicable, but in no
event later than forty-eight (48) hours of receipt of written notice. The
City may require, by written notice, that Franchisee cease operation of the
specific Small Cell Facilities causing such interference and either modify,
remove or relocate such Small Cell Facilities. If, within ten (10) calendar
days after receipt of such written notice from the City of such interference,
Franchisee has not abated such interference, such Small Cell Facility may
be deemed an Unauthorized Facility and subject to the provisions of
Section 18.
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21.2 Interference with Other Facilities. Franchisee is solely responsible
for determining whether its Small Cell Facilities interfere with
telecommunications facilities of utilities and franchisees existing within the
Rights-of-Way prior to Franchisee’s installation. Franchisee shall comply
with the rules and regulations of the Federal Communications Commission
regarding radio frequency interference when siting its Small Cell Facilities
within the Franchise Area. Franchisee, in the performance and exercise of
its rights and obligations under this Franchise shall not physically or
technically interfere in any manner with the existence and operation of
any and all existing utilities, sanitary sewers, water mains, storm drains,
gas mains, poles, aerial and underground electrical and telephone wires,
electroliers, cable television, and other telecommunications, utility, or
municipal property, without the express written approval of the owner or
owners of the affected property or properties.
SECTION 22. – Indemnification.
22.1 General Indemnification. Franchisee shall indemnify, defend, and
hold the City, its officers, officials, boards, commissions, agents, and
employees, harmless from any action or claim for injury, damage, loss,
liability, cost or expense, including court and appeal costs and reasonable
attorneys' fees or reasonable expenses, arising from any casualty or
accident to person or property, including, without limitation, damages in
any way arising out of, or by reason of, any construction, excavation,
operation, maintenance, reconstruction, or any other act done under this
Franchise, by or for Franchisee, its agents, or its employees, or by reason
of any neglect or omission of Franchisee. Franchisee shall consult and
cooperate with the City while conducting its defense of the City under this
Franchise. Franchisee shall not be obligated to indemnify the City to the
extent of the City’s negligence or willful misconduct.
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22.2 Indemnification for Radio Frequency Emissions or Radiation.
Franchisee shall also indemnify, defend and hold harmless the City, its
officers, employees, agents, volunteers and representatives from any and
all claims, costs, judgments, awards or liability to any person arising from
radio frequency emissions or radiation emitted from Franchisee’s Facilities
located in the Rights-of-Way, regardless of whether Franchisee’s
equipment complies with applicable federal statutes and/or FCC
regulations related thereto. These indemnification obligations shall extend
to claims that are not reduced to a suit and any claims that may be
compromised, with Franchisee’s prior written consent, prior to the
culmination of any litigation or the institution of any litigation.
22.3 Indemnification for Relocation. Franchisee shall defend, indemnify,
and hold the City harmless for any damages, claims, additional costs or
reasonable expenses and attorneys’ fees, including contractor construction
delay damages, assessed against or payable by the City and arising out of
or resulting from Franchisee's failure to remove, adjust, or relocate any of
its Facilities in the Rights-of-Way in accordance with any relocation
required by the City, provided that Franchisee shall not be liable under this
section in the event Franchisee’s failure to remove, adjust or relocate any
of its Facilities is the result of a force majeure event or events beyond the
control of Franchisee.
22.4 Avoidance.
a. Inspection or acceptance by the City of any work performed
by Franchisee at the time of completion of construction shall
not be grounds for avoidance by Franchisee of any of its
obligations under this Section 22.
b. The fact that Franchisee carries out any activities under this
Franchise through independent contractors shall not constitute
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an avoidance of or defense to Franchisee's duty of defense
and indemnification under this subsection.
22.5 Procedures and Defense. If a claim or action arises, the City or any
other indemnified party shall promptly notify Franchisee of such claim or
action and tender the defense of the claim or action to Franchisee, which
defense shall be at Franchisee’s expense. The City’s failure to so notify
and request indemnification shall not relieve Franchisee of any liability that
Franchisee might have, except to the extent that such failure prejudices
Franchisee’s ability to defend such claim or suit. The City may participate
in the defense of a claim, but if Franchisee provides a defense at
Franchisee’s expense then Franchisee shall not be liable for any attorneys’
fees, expenses, or other costs the City may incur if it chooses to
participate in the defense of a claim, unless and until separate
representation as described in Section 22.6 is required. In that event, the
provisions of Section 22.6 shall govern Franchisee’s responsibility for City’s
attorney’s fees, expenses, or other costs. In any event, Franchisee may
not agree to any settlement of claims affecting the City without the City's
consent, such consent not to be unreasonable withheld or delayed.
22.6 Payment of fees and costs.
a. If Franchisee refuses the tender of defense in any suit or any
claim, as required pursuant to the indemnification provisions
within this Franchise, and said refusal is subsequently
determined by a court having jurisdiction (or such other
tribunal that the parties shall agree to decide the matter), to
have been a wrongful refusal on the part of Franchisee,
Franchisee shall pay all of the City’s reasonable costs for
defense of the action, including all expert witness fees, costs,
and attorney’s fees, and including costs and fees incurred in
recovering under this indemnification provision.
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b. If separate representation to fully protect the interests of
both parties is or becomes necessary, such as a conflict of
interest between the City and the counsel selected by
Franchisee to represent the City, Franchisee shall pay, from
the date such separate representation is required forward, all
reasonable expenses incurred by the City in defending itself
with regard to any action, suit, or proceeding subject to
indemnification by Franchisee. Provided, however, that in the
event that such separate representation is or becomes
necessary, and the City desires to hire counsel or any other
outside experts or consultants and desires Franchisee to pay
those expenses, then the City shall be required to obtain
Franchisee’s consent to the engagement of such counsel,
experts, or consultants, such consent not to be unreasonably
withheld. The City's expenses shall include all reasonable out
of pocket costs and expenses, such as consultants' fees and
court costs, but shall not include outside attorneys’ fees for
services that are unnecessarily duplicative of services
provided the City by Franchisee, except in the event of a
conflict of interest where such duplication may be required.
Each party agrees to cooperate and to cause its employees
and agents to cooperate with the other party in the defense
of any claim or action.
22.7 RCW 4.24.115. Should a court of competent jurisdiction
determine that this Franchise 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 Franchisee and the City, its officers, officials, employees,
and volunteers, the Franchisee’s liability hereunder shall be only to the
extent of the Franchisee’s negligence. It is further specifically and
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expressly understood that the indemnification provided herein constitutes
the Franchisee's waiver of immunity under Industrial Insurance, Title 51
RCW, solely for the purposes of this indemnification. This waiver has been
mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of this Franchise.
22.8 Assumption of Risk. Notwithstanding any other provisions of this
Section 22, Franchisee assumes the risk of damage to its Facilities located
in the Rights-of-Way and upon City-owned property from activities
conducted by the City, its officers, agents, employees, volunteers, elected
and appointed officials, and contractors, except to the extent any such
damage or destruction is caused by or arises from the sole negligence or
the willful or criminal actions of the City, its officers, agents, employees,
volunteers, or elected or appointed officials, or contractors. Franchisee
releases and waives any and all such claims against the City, its officers,
agents, employees, volunteers, or elected or appointed officials, or
contractors. Franchisee further agrees to indemnify, hold harmless and
defend the City against any claims for damages, including, but not limited
to, business interruption damages, lost profits and consequential
damages, brought by or under users of Franchisee’s Facilities as the result
of any interruption of service due to damage or destruction of Franchisee’s
Facilities caused by or arising out of activities conducted by the City, its
officers, agents, employees or contractors, except to the extent any such
damage or destruction is caused by or arises from the gross negligence or
any willful misconduct on the part of the City, its officers, agents,
employees, volunteers, or elected or appointed officials, or contractors.
22.9 Survival. The provisions of this Section 22 shall survive the
expiration, revocation, or termination of this Franchise.
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SECTION 23. - Insurance.
23.1 Insurance Limits. Franchisee shall maintain in full force and effect
at its own cost and expense each of the following policies of insurance:
a. Commercial General Liability insurance with limits of Five
Million Dollars ($5,000,000.00) per occurrence and Five
Million Dollars ($5,000,000.00) general aggregate. Coverage
shall be at least as broad as that provided by the ISO Form or
its equivalent and include severability of interests. Such
insurance shall include the City, its officers, officials and
employees as additional insureds as their interest may
appear under this Agreement per ISO Form or its equivalent.
There shall be a waiver of subrogation and rights of recovery
against the City, its officers, officials and employees.
Coverage shall apply as to claims between insureds on the
policy, if applicable;
b. Commercial Automobile Liability insurance with combined
single limits of Five Million Dollars ($5,000,000.00) each
accident for bodily injury and property damage with respect
to each of Franchisee’s owned, hired and non-owned vehicles
assigned to or used in the operation of the Facilities in the
City;
c. Workers’ Compensation coverage or qualified self insurance
as required by the Industrial Insurance laws of the State of
Washington and employer’s liability with limits of One Million
Dollars ($1,000,000.00) each accident/disease/policy limit.
23.2 Deductibles/Certificate of Insurance. Any deductible of the policies
shall not in any way limit Franchisee’s liability to the City.
23.3 Endorsements. All required liability policies shall:
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39 Small Cell Franchise Agreement--
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a. Except workers compensation and employer’s liability include
The City, its officers, officials, boards, commissions, and
employees, additional insureds as their interest may appear
under this Agreement with respect to liability arising out of
activities performed by Franchisee under this Franchise or
Applicable Law, or in the construction, operation or repair, or
ownership of the Cable System;
b. Franchisee's required insurance coverage shall be primary
insurance with respect to the City, its officers, officials,
boards, commissions and employees. Any insurance or self-
insurance maintained by the City, its officers, officials,
boards, commissions and employees shall be in excess of the
Franchisee's required insurance and shall not contribute to it;
and
c. Franchisee's required insurance shall apply separately to each
insured against whom a claim is made or lawsuit is brought,
except with respect to the limits of the insurer’s liability.
d. Notwithstanding the forgoing, Licensee may, in its sole
discretion, self-insure any of the required insurance under the
same terms as required by this Agreement. In the event
Licensee elects to self-insure its obligation under this
Agreement to include Licensor as an additional insured, the
following conditions apply: (i) Licensor shall promptly and no
later than sixty (60) calendar days after notice thereof
provide Licensee with written notice of any claim, demand,
lawsuit, or the like for which it seeks coverage pursuant to
this Section and provide Licensee with copies of any
demands, notices, summonses, or legal papers received in
connection with such claim, demand, lawsuit, or the like; (ii)
Licensor shall not settle any such claim, demand, lawsuit, or
the like without the prior written consent of Licensee; and (iii)
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Licensor shall fully cooperate with Licensee in the defense of
the claim, demand, lawsuit, or the like.
23.4 Acceptability of Insurers. The insurance obtained by Franchisee
shall be placed with insurers with a Best’s rating of no less than “A minus
VII."
23.5 Verification of Coverage. The Franchisee shall furnish the City with
(a) certificates of insurance and (b) blanket additional insured
endorsements. The certificates and endorsements for each insurance
policy are to be signed by an authorized representative of the insurer.
The certificates and endorsements for each insurance policy are to be on
standard forms or such forms as are consistent with standard industry
practices.
23.6 Maintenance of Insurance. Franchisee’s maintenance of insurance
as required by this Section 23 shall not be construed to limit the liability of
Franchisee to the coverage provided by such insurance, or otherwise limit
the City’s recourse to any remedy available at law or equity. Further,
Franchisee’s maintenance of insurance policies required by this Franchise
shall not be construed to excuse unfaithful performance by Franchisee.
SECTION 24. - Abandonment of Franchisee’s Telecommunications
Network.
24.1 Where any Facilities or portions of Facilities are no longer needed
and their use is to be discontinued, the Franchisee shall immediately
report such Facilities in writing (“Deactivated Facilities”) to the Public
Works Director. This notification is in addition to the inventory revisions
addressed in Section 7.2. Deactivated Facilities, or portions thereof, shall
be completely removed within ninety (90) days and the site, pole or
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infrastructure restored to its pre-existing condition, reasonable wear and
tear and damage by casualty excepted.
24.2 If Franchisee leases a structure from a landlord and such landlord
later abandons the structure, for example by building a replacement
structure, Franchisee shall remove or relocate its Facilities as soon as
possible but no later than ninety (90) calendar days of such written
notification from the landlord, at no cost to the City.
24.3 Upon the expiration, termination, or revocation of the rights granted
under this Franchise, Franchisee shall remove all of its Facilities from the
Rights-of-Way within ninety (90) calendar days of receiving written notice
from the Director. The Facilities, in whole or in part, may not be
abandoned by Franchisee without written approval by the City. Any plan
for abandonment or removal of Franchisee’s Facilities must be first
approved by the Public Works Director or his/her designee and all
necessary permits must be obtained prior to such work. Franchisee shall
restore the Rights-of-Way to at least the same condition the Rights-of-
Way were in immediately prior to any such installation, construction,
relocation, maintenance or repair (reasonable wear and tear and damage
by casualty excepted), provided Franchisee shall not be responsible for
any changes to the Rights-of-Way not caused by Franchisee or any person
doing work for Franchisee. Franchisee shall be solely responsible for all
costs associated with removing its Facilities.
24.4 Notwithstanding Section 24.3, the City may permit Franchisee’s
Facilities to be abandoned in place in such a manner as the City may
prescribe. Upon permanent abandonment, and Franchisee’s agreement to
transfer ownership of the Facilities to the City, Franchisee shall submit to
the City a proposal and instruments for transferring ownership to the City.
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24.5 Any Facilities which are not removed within one hundred and eighty
(180) calendar days of either the date of termination or revocation of this
Franchise or the date the City issued a permit authorizing removal,
whichever is later, shall automatically become the property of the City.
Any costs incurred by the City in safeguarding such Facilities or removing
the Facilities shall be reimbursed by Franchisee. Nothing contained within
this Section 24.5 shall prevent the City from compelling Franchisee to
remove any such Facilities through judicial action when the City has not
permitted Franchisee to abandon these Facilities in place.
24.6 The provisions of this Section 24 shall survive the expiration,
revocation, or termination of this Franchise and for so long as Franchisee
has Facilities in Rights-of-Way.
SECTION 25. - Bonds.
25.1 Construction Guarantee. As a condition of performing work in the
Right-of-Way, the timely, complete, and faithful performance of all
construction work in the Right-of-Way shall be guaranteed in an amount
equal to one hundred twenty-five percent (125%) of the cost estimate
(prepared by a licensed contractor, professional engineer, or architect) of
the construction work. The guarantee may be by performance bond or
irrevocable letter of credit. If Franchisee, in the sole judgment of the City,
has a history of corrections or defaults, Franchisee must provide the full
guarantee by assignment of funds. These funds shall guarantee the
following: (1) timely completion of construction; (2) construction in
compliance with all applicable plans, permits, technical codes, and
standards; (3) proper location of the Facilities as specified by the City; (4)
restoration of the Rights-of-Way and other City properties affected by the
construction; (5) submission of as-built drawings after completion of
construction; and (6) timely payment and satisfaction of all claims,
demands, or liens for labor, materials, or services provided in connection
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with the work that could be asserted against the City or City property.
The guarantee must remain in full force until the completion of
construction, including final inspection, corrections, and final approval of
the work, recording of all easements, provision of as-built drawings, and
the posting of a maintenance bond as described in Section 25.2.
Compliance with the performance guarantee requirement of the City’s
current Design and Construction Standards shall satisfy the provisions of
this Section 25.1.
25.2 Maintenance Bond. Maintenance and the successful operation of
the Right-of-Way improvements shall be bonded for a period of at least
two (2) years (or other period as required by Kent City Code) from the
date of final construction approval. The bond shall be in an amount to be
determined by the City. The minimum maintenance guarantee shall be
Five Thousand Dollars ($5,000.00) or twenty percent (20%) of the original
performance construction guarantee as described in Section 25.1,
whichever is greater. At six (6)-month intervals during this maintenance
period, the City will inspect the improvements and identify to Franchisee
any noted deficiencies. Franchisee will have thirty (30) days to correct
any deficiencies. The satisfactory correction of the work may commence a
new two (2)-year maintenance period for the improvements as corrected,
as determined by the City. The City will initiate collection against the
financial guarantee if deficiencies are not satisfactorily addressed by the
end of the thirty (30)-day response period. Compliance with the
maintenance guarantee requirement of the City’s current Design and
Construction Standards shall satisfy the provisions of this Section 25.2.
Original financial guarantee amounts described in Section 25.1 and
Section 25.2 above may be reduced one time only prior to the
maintenance period, at the discretion of the City. If an extension to any
associated permits are granted, the financial guarantees may be increased
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based on an updated engineer’s cost estimate or as determined by the
City. Financial guarantees will be fully released only after all final punch
list items are accomplished, final construction approval, and the elapse of
the two (2)-year maintenance guarantee period with all corrective actions
complete and accepted by the City.
25.3 Franchise Bond. Franchisee shall provide the City with a bond in
the amount of Twenty-Five Thousand Dollars ($25,000.00) (“Franchise
Bond”) running or renewable for the term of this Franchise, in a form and
substance reasonably acceptable to the City. If Franchisee fails to
substantially comply with any one or more of the provisions of this
Franchise, following written notice and a reasonable opportunity to cure,
then there shall be recovered jointly and severally from Franchisee and
the bond any actual damages suffered by the City as a result thereof,
including but not limited to staff time, material and equipment costs,
compensation or indemnification of third parties, and the cost of removal
or abandonment of Facilities. Franchisee specifically agrees that its failure
to comply with the terms of this Section 25 shall constitute a material
breach of this Franchise, subject to the notice and cure provisions of
Section 28. Franchisee further agrees to replenish the Franchise Bond
within fourteen (14) calendar days after written notice from the City that
there is a deficiency in the amount of the Franchise Bond. The amount of
the Franchise Bond shall not be construed to limit Franchisee's liability or
to limit the City's recourse to any remedy to which the City is otherwise
entitled at law or in equity.
25.4 Form of Bonds. All bonds provided to the City under this Section 25
shall be on a form provided by the City and with sureties registered with
the Washington State Insurance Commissioner or other financial
institutions acceptable to the City.
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SECTION 26. - Modification. The City and Franchisee hereby
reserve the right to alter, amend, or modify the terms and conditions of
this Franchise upon written agreement of both parties to such alteration,
amendment or modification.
SECTION 27. - Revocation. If Franchisee willfully violates or fails
to comply with any material provisions of this Franchise, then at the
election of the City Council after at least thirty (30) calendar days written
notice to Franchisee specifying the alleged violation or failure, or such
extended periods as may be required beyond the thirty (30) day cure
period to cure any violation if the nature of the cure is such that it
reasonably requires more than thirty (30) days to cure, the City may
revoke all rights conferred and this Franchise may be revoked by the City
Council after a hearing held upon such notice to Franchisee. Such hearing
shall be open to the public and Franchisee and other interested parties
may offer written and/or oral evidence explaining or mitigating such
alleged noncompliance. Within thirty (30) calendar days after the hearing,
the City Council, on the basis of the record, will make the determination as
to whether there is cause for revocation, whether the Franchise will be
terminated, or whether lesser sanctions should otherwise be imposed.
The City Council may in its sole discretion fix an additional time period to
cure violations. If the deficiency has not been cured at the expiration of
any additional time period or if the City Council does not grant any
additional period, the City Council may by resolution declare the Franchise
to be revoked and forfeited or impose lesser sanctions. If Franchisee
appeals revocation and termination, such revocation may be held in
abeyance pending judicial review by a court of competent jurisdiction,
provided Franchisee is otherwise in compliance with the Franchise.
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SECTION 28. - Remedies to Enforce Compliance.
28.1 The City may elect, without any prejudice to any of its other legal
rights and remedies, to obtain an order from the superior court having
jurisdiction compelling Franchisee to comply with the provisions of the
Franchise and to recover damages and costs incurred by the City by
reason of Franchisee’s failure to comply. In addition to any other remedy
provided herein, the City reserves the right to pursue any remedy to
compel or force Franchisee and/or its successors and assigns to comply
with the terms hereof, and the pursuit of any right or remedy by the City
shall not prevent the City from thereafter declaring a forfeiture or
revocation for breach of the conditions herein. Provided, further, that by
entering into this Franchise, it is not the intention of the City or Franchisee
to waive any other rights, remedies, or obligations as otherwise provided
by law equity, or otherwise, and nothing contained here shall be deemed
or construed to effect any such waiver.
28.2 If Franchisee shall violate, or fail to comply with any of the
provisions of this Franchise, or should it fail to heed or comply with any
notice given to Franchisee under the provisions of this Franchise, the City
shall provide Franchisee with written notice specifying with reasonable
particularity the nature of any such breach and Franchisee shall undertake
all commercially reasonable efforts to cure such breach within thirty (30)
calendar days of receipt of notification. If the parties reasonably
determine the breach cannot be cured within (30) thirty days, the City
may specify a longer cure period, and condition the extension of time on
Franchisee's submittal of a plan to cure the breach within the specified
period, commencement of work within the original thirty (30) day cure
period, and diligent prosecution of the work to completion. If the breach
is not cured within the specified time, or Franchisee does not comply with
the specified conditions, the City may, at its sole discretion, (1) revoke
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this Franchise with no further notification, or (2) claim damages of Two
Hundred Fifty Dollars ($250.00) per day against the Franchise Bond set
forth in Section 25.3, or (3) pursue other remedies as described in this
Section 28. Liquidated damages described in this Section 28.2 shall not
be offset against any sums due to the City as a tax or reimbursement
pursuant to Section 15.6.
SECTION 29. - Non-Waiver. The failure of the City to insist upon
strict performance of any of the covenants and agreements of this
Franchise or to exercise any option herein conferred in any one or more
instances, shall not be construed to be a waiver or relinquishment of any
such covenants, agreements or option or any other covenants,
agreements or option.
SECTION 30. - Police Powers and City Ordinances. Nothing herein
shall be deemed to restrict the City’s ability to adopt and enforce all
necessary and appropriate ordinances regulating the performance of the
conditions of this Franchise, including any valid ordinance made in the
exercise of its police powers in the interest of public safety and for the
welfare of the public. The City shall have the authority at all times to
reasonably control by appropriate regulations the location, elevation,
manner of construction and maintenance of Facilities by Franchisee, and
Franchisee shall promptly conform with all such regulations unless
compliance would cause Franchisee to violate other requirements of law.
In the event of a conflict between the provisions of this Franchise and any
other generally applicable ordinance(s) enacted under the City’s police
power authority, such other ordinances(s) shall take precedence over the
provisions set forth herein.
SECTION 31. - Cost of Publication. The cost of publication of this
Franchise shall be borne by Franchisee.
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SECTION 32. - Acceptance. Franchisee shall execute and return to
the City its execution and acceptance of this Franchise in the form
attached hereto as Exhibit B. In addition, Franchisee shall submit proof of
insurance obtained and additional insured endorsement pursuant to
Section 23, any Construction Guarantee, if applicable, pursuant to Section
25.1 and the Franchise Bond required pursuant to Section 25.3. The
administrative fee pursuant to Section 15.1 is due within thirty (30) days
of receipt of the invoice from the City.
SECTION 33. - Survival. All of the provisions, conditions, and
requirements of Section 5, Section 6, Section 8, Section 13, Section 22,
and Section 24 of this Franchise shall be in addition to any and all other
obligations and liabilities Franchisee may have to the City at common law,
by statute, or by contract, and shall survive the City’s Franchise to
Franchisee for the use of the Franchise Area, and any renewals or
extensions thereof. All of the provisions, conditions, regulations and
requirements contained in this Franchise shall further be binding upon the
heirs, successors, executors, administrators, legal representatives and
assigns of Franchisee and all privileges, as well as all obligations and
liabilities of Franchisee shall inure to its heirs, successors and assigns
equally as if they were specifically mentioned where Franchisee is named
herein.
SECTION 34. - Assignment.
34.1 This Franchise may not be directly or indirectly assigned,
transferred, or disposed of by sale, lease, merger, consolidation or other
act of Franchisee, by operation of law or otherwise, unless approved in
writing by the City, which approval shall not be unreasonably withheld,
conditioned or delayed. The above notwithstanding, Franchisee may
freely assign this Franchise in whole or in part to a parent, subsidiary, or
affiliated entity or for collateral security purposes. Franchisee shall
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provide prompt, written notice to the City of any such assignment. In the
case of transfer or assignment as security by mortgage or other security
instrument in whole or in part to secure indebtedness, such consent shall
not be required unless and until the secured party elects to realize upon
the collateral. For purposes of this Section 34, no assignment or transfer
of this Franchise shall be deemed to occur based on the public trading of
Franchisee’s stock; provided, however, any tender offer, merger, or
similar transaction resulting in a change of control shall be subject to the
provisions of this Franchise.
Any transactions which singularly or collectively result in a change of fifty
percent (50%) or more of the ownership or working control (for example,
management of Franchisee or its Telecommunications facilities) of the
Franchisee or of the ownership or working control of the Franchisee's
Telecommunications facilities within the City, or of the ownership or working
control having ownership or working control of the Franchisee or of the
Franchisee's Telecommunications facilities within the City, or of control of
the capacity or bandwidth of the Franchisee's Telecommunication facilities
within the City, shall be considered an assignment or transfer requiring
notice to the City pursuant to this Franchise. Such transactions between
affiliated entities are not exempt from notice requirements. A Franchisee
shall notify the City of any proposed change in, or transfer of, or acquisition
by any other party of control of a Franchisee within sixty (60) days following
the closing of the transaction.
34.2 Franchisee’s obligation to remain fully responsible for compliance
with the terms under this Section 34 shall survive the expiration of this
Franchise but only if and to the extent and for so long as Franchisee is still
the owner or has exclusive control over the Facilities used by a third party.
SECTION 35. - Extension. If this Franchise expires without
renewal, the City may, subject to applicable law either allow Franchisee to
8.H.a
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50 Small Cell Franchise Agreement--
Verizon Wireless
maintain and operate its Facilities on a month-to-month basis, provided
that Franchisee maintains insurance for such Facilities during such period
and continues to comply with this Franchise; or order the removal of any
and all Facilities at Franchisee’s sole cost and expense consistent with
Section 24.3.
SECTION 36. - Entire Agreement. This Franchise constitutes the
entire understanding and agreement between the parties as to the subject
matter herein and no other agreements or understandings, written or
otherwise, shall be binding upon the parties upon execution of this
Franchise.
SECTION 37. - Eminent Domain. The existence of this Franchise
shall not preclude the City from acquiring by condemnation in accordance
with applicable law, all or a portion of the Franchisee’s Facilities for the fair
market value thereof. In determining the value of such Facilities, no value
shall be attributed to the right to occupy the area conferred by this
Franchise.
SECTION 38. - Vacation. If at any time the City, by ordinance,
vacates all or any portion of the area affected by this Franchise, the City
shall not be liable for any damages or loss to the Franchisee by reason of
such vacation. The City shall notify the Franchisee in writing not less than
sixty (60) calendar days before vacating all or any portion of any such
area. The City may, after sixty (60) calendar days’ written notice to the
Franchisee, terminate this Franchise with respect to such vacated area.
SECTION 39. - Notice. Any Notice or information required or
permitted to be given to the parties under this Franchise agreement may
be sent to the following addresses unless otherwise specified:
//
//
8.H.a
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51 Small Cell Franchise Agreement--
Verizon Wireless
If to Licensee (including
invoices):
Seattle SMSA Limited Partnership,
dba Verizon Wireless
(City of Kent) (WA)
d/b/a Verizon Wireless
Attn: Network Real Estate
180 Washington Valley Road
Bedminster, New Jersey 07921
with an additional copy to:
With a copy to:
Seattle SMSA Limited Partnership
d/b/a Verizon Wireless
Attn: Pacific Market General Counsel
15505 Sand Canyon Avenue
Irvine, CA 92618
If to Licensor:
CITY OF KENT
Attn: City Clerk
220 Fourth Avenue South
Kent, WA 98032
SECTION 40. - Severability. If any section, sentence, clause or
phrase of this Franchise should be held to be invalid or unconstitutional by
a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this Franchise unless such invalidity or
unconstitutionality materially alters the rights, privileges, duties, or
obligations hereunder, in which event either party may request
renegotiation of those remaining terms of this Franchise materially
affected by such court’s ruling.
SECTION 41. - Compliance with All Applicable Laws. Franchisee
agrees to comply with all present and future federal, state and local laws,
ordinances, rules and regulations, except to the extent that the Franchisee
has a vested right in accordance with the vested rights doctrine under
Washington case law or as codified at RCW 19.27.095. This Franchise is
subject to ordinances of general applicability enacted pursuant to the
City’s police powers. Franchisee shall, at its own expense, maintain its
Facilities in a safe condition, in good repair and in a manner suitable to the
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52 Small Cell Franchise Agreement--
Verizon Wireless
City. Additionally, Franchisee shall keep its Facilities free of debris and
anything of a dangerous, noxious or offensive nature or which would
create a hazard or undue vibration, heat, noise or any interference with
City services. City reserves the right at any time to amend this Franchise
to conform to any hereafter enacted, amended, or adopted federal or state
statute or regulation relating to the public health, safety, and welfare, or
relating to roadway regulation, or a City ordinance enacted pursuant to
such federal or state statute or regulation upon providing Franchisee with
thirty (30) calendar days written notice of its action setting forth the full
text of the amendment and identifying the statute, regulation, or
ordinance requiring the amendment. This amendment shall become
automatically effective upon expiration of the notice period unless, before
expiration of that period, Franchisee makes a written request for
negotiations over the terms of the amendment. If the parties do not
reach agreement as to the terms of the amendment within thirty (30)
days of the call for negotiations, City may enact the proposed amendment,
by incorporating Franchisee's concerns to the maximum extent City deems
possible.
SECTION 42. - Attorneys’ Fees. If a suit or other action is
instituted in connection with any controversy arising out of this Franchise,
the prevailing party shall be entitled to recover all of its costs and
expenses, including such sum as the court may judge as reasonable for
attorneys’ fees, costs, expenses and attorneys’ fees upon appeal of any
judgment or ruling.
SECTION 43. - Hazardous Substances. Franchisee shall not
introduce or use any hazardous substances (chemical or waste), in
violation of any applicable law or regulation, nor shall Franchisee allow any
of its agents, contractors or any person under its control to do the same.
Franchisee will be solely responsible for and will defend, indemnify and
hold the City, its officers, officials, employees, agents and volunteers
8.H.a
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53 Small Cell Franchise Agreement--
Verizon Wireless
harmless from and against any and all claims, costs and liabilities
including reasonable attorneys’ fees and costs, arising out of or in
connection with the cleanup or restoration of the property associated with
Franchisee’s use, storage, or disposal of hazardous substances, whether or
not intentional, and the use, storage or disposal of such substances by
Franchisee’s agents, contractors or other persons acting under
Franchisee’s control, whether or not intentional.
SECTION 44. - Licenses, Fees and Taxes. Prior to constructing any
improvements, Franchisee shall obtain a business or utility license from
the City. Franchisee shall pay promptly and before they become
delinquent, all taxes on personal property and improvements owned or
placed by Franchisee and shall pay all license fees and public utility
charges relating to the conduct of its business, shall pay for all permits,
licenses and zoning approvals, shall pay any other applicable tax unless
documentation of exemption is provided to the City and shall pay utility
taxes and license fees imposed by the City.
SECTION 45. - Miscellaneous.
45.1 City and Franchisee respectively represent that its signatory is duly
authorized and has full right, power and authority to execute this
Franchise.
45.2 This Franchise shall be construed in accordance with the laws of the
State of Washington. Venue for any dispute related to this Franchise shall
be the United States District Court for the Western District of Washington,
or King County Superior Court, without waiver of any right to removal.
45.3 Section captions and headings are intended solely to facilitate the
reading thereof. Such captions and headings shall not affect the meaning
or interpretation of the text herein.
8.H.a
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54 Small Cell Franchise Agreement--
Verizon Wireless
45.4 Where the context so requires, the singular shall include the plural
and the plural includes the singular.
45.5 Franchisee shall be responsible for obtaining all other necessary
approvals, authorizations and agreements from any party or entity and it
is acknowledged and agreed that the City is making no representation,
warranty or covenant whether any of the foregoing approvals,
authorizations or agreements are required or have been obtained by
Franchisee by any person or entity.
45.6 This Franchise may be enforced at both law and equity.
SECTION 46. – Severability. If any one or more section,
subsection, or sentence of this ordinance is held to be unconstitutional or
invalid, such decision shall not affect the validity of the remaining portion
of this ordinance and the same shall remain in full force and effect.
SECTION 47. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 48. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
DANA RALPH, MAYOR Date Approved
//
//
//
//
8.H.a
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55 Small Cell Franchise Agreement--
Verizon Wireless
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
_______
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
8.H.a
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SHEET NUMBER:
SHEET TITLE:
SITE INFORMATION:
CONCEPTUALNODEDESIGN
REV. DATE: ISSUED FOR:
DRAWN BY: CHECKED BY:
md7 PROJECT NUMBER:
PLANS PREPARED BY:
R
POLYGON:
VZW TYPICAL
INSTALLATIONS
POLYGON
verizon
DP-CTM
TYPICALDISTRIBUTION POLECANISTER TOP MOUNTEDExistingProposed
Wood Utility Pole
VZW Typical Installations - #DP-CTM
(Distribution Pole - Canister Top Mounted)
Elevation Profile
SMALL CELL CANISTER
ANTENNA ON POLE BASE
MOUNT
REPLACEMENT WOOD UTILITY POLE
NOTE:
POLE ATTACHMENTS (ELEC. AND COMM.
TO BE RELOCATED TO NEW POLE)
CONDUIT (COAX)
CONDUIT (POWER)
FIBER LINE
DISCONNECT BOX
RRU ENCLOSURE
(BRACKET WITH SHROUD)
NOTE:
EQUIPMENT ENCLOSURE IS
APPROXIMATELY 12 CUBIC FEET
IN VOLUME
EXISTING DISTRIBUTION LINES
(STREET SIDE)
RF NOTICE & SITE ID SIGNAGE
(3) 2FT PANEL ANTENNAS
NOTE:
ANTENNA DIMENSIONS MAY
VARY BUT WILL NOT EXCEED
3 CUBIC FEET IN VOLUME
*NOTE: POLE HEIGHT MAY VARY.
NEUTRAL LINE
8.H.b
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SHEET NUMBER:
SHEET TITLE:
SITE INFORMATION:
CONCEPTUALNODEDESIGN
REV. DATE: ISSUED FOR:
DRAWN BY: CHECKED BY:
md7 PROJECT NUMBER:
PLANS PREPARED BY:
R
POLYGON:
VZW TYPICAL
INSTALLATIONS
POLYGON
verizon
DP-PAMP
Existing Proposed
Wood Utility Pole
VZW Typical Installations - #DP-PAMP
(Distribution Pole - Panel Antenna Mid Pole)
Elevation Profile
TYPICALDISTRIBUTION POLECANISTER SIDE MOUNTED
REPLACEMENT WOOD UTILITY POLE
NOTE:
POLE ATTACHMENTS (ELEC. AND COMM.
TO BE RELOCATED TO NEW POLE)
CONDUIT (COAX)
CONDUIT
(POWER)
FIBER LINE
DISCONNECT BOX
RRU ENCLOSURE
(BRACKET WITH SHROUD)
NOTE:
EQUIPMENT ENCLOSURE IS
APPROXIMATELY 12 CUBIC FEET
IN VOLUME
EXISTING DISTRIBUTION LINES
(STREET SIDE)
RF NOTICE & SITE ID SIGNAGE
(3) 2FT PANEL ANTENNAS
NOTE:
ANTENNA DIMENSIONS MAY
VARY BUT WILL NOT EXCEED
3 CUBIC FEET IN VOLUME
*NOTE: POLE HEIGHT MAY VARY.
NEUTRAL LINE
(2) 2FT PANEL ANTENNAS
NOTE:
ANTENNA DIMENSIONS MAY
VARY BUT WILL NOT EXCEED
3 CUBIC FEET IN VOLUME
8.H.b
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SHEET NUMBER:
SHEET TITLE:
SITE INFORMATION:
CONCEPTUALNODEDESIGN
REV. DATE: ISSUED FOR:
DRAWN BY: CHECKED BY:
md7 PROJECT NUMBER:
PLANS PREPARED BY:
R
POLYGON:
VZW TYPICAL
INSTALLATIONS
POLYGON
verizon
NOTE:
POLE ATTACHMENTS (ELEC. AND
COMM. TO BE RELOCATED TO
NEW POLE)
CONDUIT (COAX)
CONDUIT (POWER)
CONDUIT (FIBER)
EXISTING CONDUIT
EXISTING TRANSMISSION
LINES
EXISTING DISTRIBUTION LINES
(STREET SIDE)
EXISTING WOOD UTILITY POLE
TYPICALTRANSMISSION POLE -CANISTER SIDE MOUNTEDExistingProposed
Wood Utility Pole
VZW Typical Installations - #TP-PAMP
(Transmission Pole - Panel Antenna Mid Pole)
Elevation Profile
DISCONNECT BOX
RRU ENCLOSURE
(BRACKET WITH SHROUD)
NOTE:
EQUIPMENT ENCLOSURE IS
APPROXIMATELY 12 CUBIC FEET IN
VOLUME
RF NOTICE & SITE ID SIGNAGE
(3) 2FT PANEL ANTENNAS
NOTE:
ANTENNA DIMENSIONS MAY
VARY BUT WILL NOT EXCEED
3 CUBIC FEET IN VOLUME
*NOTE: POLE HEIGHT MAY VARY.
NEUTRAL LINE
TP-PAMP
(2) 2FT PANEL ANTENNAS
NOTE:
ANTENNA DIMENSIONS MAY
VARY BUT WILL NOT EXCEED
3 CUBIC FEET IN VOLUME
8.H.b
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{ERZ1744692.DOCX;2/00085.080011/ }
EXHIBIT B
STATEMENT OF ACCEPTANCE
Seattle SMSA Limited Partnership, dba Verizon Wireless for itself, its
successors and assigns, hereby accepts and agrees to be bound by all lawful terms,
conditions and provisions of the Franchise attached hereto and incorporated herein
by this reference.
___________________________________
By: ___________________________ Date: ______________________________
Name: ____________________
Title: ____________________
STATE OF ________________ )
)ss.
COUNTY OF ______________ )
On this ____ day of _______________, 201_, before me the undersigned, a Notary
Public in and for the State of _________________, duly commissioned and sworn,
personally appeared, __________________ of Seattle SMSA Limited Partnership,
dba Verizon Wireless, the company that executed the within and foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act
and deed of said company, for the uses and purposes therein mentioned, and on
oath stated that he/she is authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on
the date hereinabove set forth.
_____________________________________________
Signature
_____________________________________________
NOTARY PUBLIC in and for the State of __________________,
residing at _________________________
MY COMMISSION EXPIRES: _____________________________
8.H.c
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DATE: September 3, 2019
TO: Kent City Council
SUBJECT: Ordinance Amending Kent City Code 2.34 - Municipal Court
- Adopt
MOTION: Adopt Ordinance No. , repealing and reenacting Chapter
2.34 of the Kent City Code relating to the establishment and operations of
the Kent Municipal Court.
SUMMARY: The Kent Municipal Court was established in accordance with Chapter
3.50 RCW, which provides a municipal court structure which may be used by cities
with a population of 400,000 or less. The Kent Municipal Court began operations on
January 1, 1994.
The Washington Court Rules are established by the Washington Supreme Court and
govern numerous aspects of court operations and procedures. Included within the
Washington Court Rules are the Rules of General Application. GR 29 was adopted
by the Washington Supreme Court in 2002, and requires a municipal court with
more than one judge to establish a procedure by local court rule for the judges to
elect a presiding judge. GR 29 also sets forth judicial and administrative duties of
the presiding judge that cannot be delegated to persons in either the legislative or
executive branches of government.
Chapter 2.34 of the Kent City Code sets forth Kent’s laws regarding the
establishment and administration of the Kent Municipal Court. Chapter 2.34 KCC
has not been amended since the Supreme Court’s adoption of GR 29. In addition,
the current Chapter 2.34 KCC contains numerous provisions that originally mirrored
Chapter 3.50 RCW. However, since the adoption of Chapter 2.34 KCC, many
provisions of Chapter 3.50 RCW have been amended, and like amendments have
not made to Chapter 2.34 KCC.
It is necessary to amend portions of Chapter 2.34 KCC to better align the chapter
with the requirements of GR 29 and the current version of Chapter 3.50 RCW. Due
to the extensive nature of the amendments, Chapter 2.34 KCC is being repealed in
its entirety, and reenacted.
The repeal and reenactment of Chapter 2.34 KCC is primarily a housekeeping
measure, and will not change the daily operations at the Kent Municipal Court.
8.I
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SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Innovative Government
ATTACHMENTS:
1. Ordinance Amending KCC 2.34 - Kent Municipal Court (PDF)
08/20/19 Operations Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
9/3/2019 7:00 PM
MOVER: Bill Boyce, Councilmember
SECONDER: Dennis Higgins, Councilmember
AYES: Les Thomas, Bill Boyce, Dennis Higgins
8.I
Packet Pg. 150
1 Repeal and Adopt
Ch. 2.34 KCC Municipal Court
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, repealing Chapter 2.34 of
the Kent City Code relating to the Kent Municipal
Court, and enacting a new Chapter 2.34 relating to
the Kent Municipal Court.
RECITALS
A. The Kent Municipal Court was established in accordance with
Chapter 3.50 RCW, which provides a municipal court structure which may
be used by cities with a population of four hundred thousand (400,000) or
less. The Kent Municipal Court began operations on January 1, 1994.
B. The Washington Court Rules are established by the Washington
Supreme Court and govern numerous aspects of court operations and
procedures. Included within the Washington Court Rules are the Rules of
General Application (“GR”).
C. GR 29 was adopted by the Washington Supreme Court in 2002,
and requires a municipal court with more than one judge to establish a
procedure by local court rule for the judges to elect a presiding judge. GR
29 also sets forth judicial and administrative duties of the presiding judge
that cannot be delegated to persons in either the legislative or executive
branches of government.
8.I.a
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2 Repeal and Adopt
Ch. 2.34 KCC Municipal Court
D. Chapter 2.34 of the Kent City Code sets forth Kent’s laws
regarding the establishment and administration of the Kent Municipal Court.
Chapter 2.34 KCC has not been amended since the Supreme Court’s
adoption of GR 29. In addition, the current Chapter 2.34 KCC contains
numerous provisions that originally mirrored Chapter 3.50 RCW. However,
since the adoption of Chapter 2.34 KCC, many provisions of Chapter 3.50
RCW have been amended, and like amendments have not made to Chapter
2.34 KCC.
E. It is necessary to amend portions of Chapter 2.34 KCC to better
align the chapter with the requirements of GR 29 and the current version of
Chapter 3.50 RCW. Due to the extensive nature of the amendments,
Chapter 2.34 KCC is being repealed in its entirety, and reenacted.
F. The repeal and reenactment of Chapter 2.34 KCC is primarily a
housekeeping measure, and will not change the daily operations at the Kent
Municipal Court.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Repeal. Chapter 2.34 of the Kent City Code, entitled
“Municipal Court,” is hereby repealed in its entirety.
SECTION 2. - New Chapter. A new Chapter 2.34 of the Kent City
Code, entitled “Municipal Court,” is hereby enacted as follows:
8.I.a
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3 Repeal and Adopt
Ch. 2.34 KCC Municipal Court
Chapter 2.34
MUNICIPAL COURT
Sec. 2.34.010. Municipal court established. Effective January 1,
1994, and pursuant to Chapter 3.50 RCW, there is established “The
Municipal Court of the City of Kent,” hereinafter referred to as the “municipal
court.”
Sec. 2.34.020. Jurisdiction – Pleading, practice and procedure
– References to state law.
A. The municipal court shall have the jurisdiction and shall exercise all
powers enumerated in Chapter 3.50 RCW and the Kent City Code, together
with all such other powers and jurisdiction as are generally conferred upon
courts of limited jurisdiction in the state of Washington either by common
law, statutes, regulations, city code provisions, or rules established by the
Washington Supreme Court.
B. Matters and subjects regarding the municipal court not addressed in
this chapter shall be controlled and governed by Chapter 3.50 RCW as well
as common law, statutes, regulations, city code provisions, or rules
established by the Washington Supreme Court.
C. All references to state laws in this chapter are references to the laws
as now enacted or hereafter amended or recodified.
Sec. 2.34.030. Court seal. The municipal court shall have a seal
which shall be the vignette of George Washington, with the words “Seal of
the Municipal Court of Kent, State of Washington,” surrounding the vignette.
Sec. 2.34.040. Judges – Election – Appointment –
Qualifications.
A. The municipal court shall have two (2) full-time elected judicial
positions titled “Position I” and “Position II.” Position I was filled by election
8.I.a
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4 Repeal and Adopt
Ch. 2.34 KCC Municipal Court
with the term beginning January 1, 2002. Position II was filled by election
with the term beginning on January 1, 2006. Each position is filled for a term
of four (4) years. Elections required by this section shall be conducted in
accordance with RCW 3.50.050.
B. A municipal court judge may, in accordance with RCW 3.50.093 and
RCW 3.50.095, be appointed by the mayor to fill an existing judicial position
in the event a vacancy occurs due to the death, disability, resignation,
retirement, or removal. Additional municipal court judges may be appointed
by the mayor in accordance with RCW 3.50.070 when public interest and
the administration of justice makes such additional judge or judges
necessary.
C. A person elected or appointed as municipal court judge shall be a
citizen of the United States of America, a resident of King County, and an
attorney admitted to practice law before the courts of record of the state of
Washington.
D. Every judge of the municipal court, before entering upon the duties
of the office, shall take and subscribe the following oath or affirmation: "I
do solemnly swear (or affirm) that I will support the Constitution of the
United States and the Constitution of the State of Washington, and that I
will faithfully discharge the duties of the office of judge of the municipal court
of the city of Kent according to the best of my ability." No bond shall be
required for the faithful performance of the judge’s duties.
Sec. 2.34.050. Municipal judge salary – Costs. The city will
automatically adjust the salary paid to the Kent municipal court judges who
meet the requirements of RCW 2.56.030(22) to an amount equal to 95
percent of the salary of district court judges as set by the Washington
Citizens’ Commission on Salaries for Elected Officials. The Kent municipal
court judge salary adjustments required of this section shall be effective on
a date commensurate with the effective date of adjustments to the salaries
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5 Repeal and Adopt
Ch. 2.34 KCC Municipal Court
of district court judges made by the Washington Citizens’ Commission on
Salaries for Elected Officials.
Sec. 2.34.060. Judges pro tem – Court commissioners. A judge
pro tem or commissioner appointed in accordance with RCW 3.50.075 or
RCW 3.50.090 shall receive compensation at the rate of sixty dollars
($60.00) per hour unless modified by resolution or ordinance. The term of
the appointment shall be specified in writing but in any event shall not
extend beyond the term of the elected municipal judges.
Sec. 2.34.070. Court Administrator. There is hereby created the
position of court administrator who shall be in charge of the administrative
functions of the municipal court subject to the powers vested upon the
municipal court judge pursuant to Chapter 3.50 RCW or court rule. The court
administrator shall be appointed by and report directly to the presiding
judge.
Sec. 2.34.080. Municipal court hours. The municipal court shall
be open during all regular business days and hours as the other offices of
the city shall be open, but the dates and times of open court shall be set by
the presiding judge; provided, that the municipal court shall not be open on
non-judicial days.
Sec. 2.34.090. Juror Fees. Jurors shall be paid a fee of $15 for
each day in attendance at the municipal court and shall receive a mileage
allowance pursuant to RCW 43.03.060.
Sec. 2.34.100. Inmate participation in programs. Any person
sentenced by the municipal court for a commitment or period of confinement
at the Kent corrections facility, and who serves such commitment or
confinement at the Kent corrections facility, may, pursuant to Kent
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6 Repeal and Adopt
Ch. 2.34 KCC Municipal Court
corrections facility policies, be eligible for corrections facility programs or
incarceration alternatives as set forth in Ch. 9.34 KCC; provided, the
municipal court may, in its sound discretion, prohibit the inmate from
participating in one (1) or more programs or incarceration alternatives. The
court shall state its reason(s) for limiting program consideration on the
record. Upon the motion of any party and for good cause shown,
reconsideration of eligibility or prohibition from programs may be argued
before the court.
Sec. 2.34.110. Use of credit cards. The municipal court may
permit the use of credit cards for purposes of billing and collecting unpaid
penalties, fines, costs, assessments, and forfeitures imposed. The municipal
court may enter into agreements with one (1) or more financial institutions
for the purpose of such collections. Said agreements may specify conditions,
remuneration for services, and other charges deemed appropriate, upon
confirmation by the city council.
Sec. 2.34.120. Use of collections agencies and attorneys.
A. The municipal court may use collection agencies as defined in Chapter
19.16 RCW for purposes of collecting unpaid penalties on infractions,
criminal fines, costs, assessments, civil judgments, or forfeitures that have
been imposed by the court. The municipal court may enter into agreements,
with the confirmation of the city council, with one (1) or more attorneys or
collection agencies for collection of outstanding penalties, fines, costs,
assessments, and forfeitures. These agreements may specify the scope of
work, remuneration for services, and other charges deemed appropriate.
B. Servicing of delinquencies by collection agencies or by collecting
attorneys in which the municipal court retains control of its delinquencies
shall not constitute assignment of debt.
C. The term debt shall include penalties, fines, costs, assessments, or
forfeitures imposed by the municipal court.
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7 Repeal and Adopt
Ch. 2.34 KCC Municipal Court
D. The municipal court may assess, as court costs, the monies paid for
remuneration for services or charges paid to collecting attorneys, to
collection agencies, or, in the case of credit cards, to financial institutions.
Sec. 2.34.130. Revenue deposits. All fees, costs, fines,
forfeitures, and other monies imposed or collected by the municipal court
for the violation of any city ordinance, together with any other revenue
received by the municipal court, shall be deposited with the city treasurer
as part of the general fund of the city unless otherwise required by law.
SECTION 3. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 4. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 5. – Effective Date. This ordinance shall take effect and be
in force thirty (30) days from and after its passage, as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
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8 Repeal and Adopt
Ch. 2.34 KCC Municipal Court
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
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DATE: September 3, 2019
TO: Kent City Council
SUBJECT: Software Subscription Agreement with Origami Risk, LLC -
Authorize
MOTION: Authorize the Mayor to enter into a three-year agreement with
Origami Risk, LLC for a cloud-based risk management information system,
subject to final terms and conditions acceptable to the City Attorney and
Risk Manager.
SUMMARY: The Risk Management division of the Human Resources Department is
responsible for managing liability and worker compensation risks and claims
citywide and for the purchase of all city insurance. The City employs a third-party
administrator to adjudicate these claims. Currently, Risk Management must first
request claims data, then aggregate claims data in Excel, to analyze claims trends.
This is both time-consuming and can result in data input errors. Further, when
Public Records Requests related to claims and lawsuits are received, it is necessary
to request downloads for data evaluation to properly respond. This process can also
be very time-consuming.
Origami Risk, LLC can provide current dashboards to staff, which will increase
awareness of claims trends and will also provide performance measures based on
prior year performance, as well as other measures to be determined.
Risk Management will have a schedule of automatically-generated dashboards and
reports to departments. These reports can be tailored to each department based on
specific needs, including comparison of year over year claims trends in liability and
worker compensation claims frequency and severity. In addition to regular
reporting of claims information, Risk Management will have the ability to more
easily analyze data and provide additional enhanced reporting to departments.
Origami Risk, LLC will also retain in an easily accessible format, vital information on
all of our insurance programs. This will aid in responding to public records requests
and will also ensure proper reporting of claims to insurers and reinsurer as required
by insurance contracts.
The contract with Origami Risk, LLC is for three years. Total cost over three years is
$127,570.
8.J
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BUDGET IMPACT: Cost of this program will be allocated to the
Department/Division level within the Liability Insurance fund and the Worker
Compensation fund (50/50).
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government, Sustainable Services
ATTACHMENTS:
1. Origami Software Subscrition Agreement (PDF)
08/20/19 Operations Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
9/3/2019 7:00 PM
MOVER: Dennis Higgins, Councilmember
SECONDER: Bill Boyce, Councilmember
AYES: Les Thomas, Bill Boyce, Dennis Higgins
8.J
Packet Pg. 160
ORIGAMI RISK CoNrrneNrrrl
SOFTWARE SUBSCRIPTION AGREEMENT
This SOFTWARE SUBSCRIPTION AGREEMENT (this "Agreement") is entered into as of
2019 (the "Effective Date") by and between ORIGAMI RISK LLC, a Delaware limited liability company ("Origami"),
and City of Kent, Washington ("Client"). Origami and Client hereby agree as follows:
I. DEFINITIONS.
"Affïliate" means, with respect to a party, its parent
company and subsidiaries and/or controlled corporations or
entities which are directly or indirectly controlled by, or
under common control with, such party.
"Client Data" means the data provided or inputted
by or on behalf of Client or any User or Affiliate of Client
for use with the Service.
"Client Party" means Client and each of its
Affiliates and Users.
"Confidential Information" means all
confidential and proprietary information of a party,
including, without limitation, business plans, strategies,
products, software, source code, object code, clients, data
models, discoveries, inventions, developments, know-how,
improvements, works of authorship, concepts, or
expressions thereof, whether or not subject to patents,
copyright, trademark, trade secret protection or other
intellectual property right protection.
ooCustomizations" means specifically modified
reports, dashboard panels, or other configurations, features
or modules of the Service customized for Client.
"Documentation" means all user guides, videos,
embedded help text, and other reference materials generally
furnished with respect to the Service, whether in printed or
electronic format.
"Fees" means the fees payable pursuant to this
Agreement as set forth in any Statement of Work.
"Intellectual Property Rights" means worldwide
intellectual and proprietary property owned or properly
licensed by a party and all intellectual or proprietary
property rights subsumed therein, including copyright,
patent, trademark (including goodwill), trade dress, trade
secret and know-how rights.
"Professional Services" means professional
services provided by Origami to Client as set forth in any
Statement of Work.
"Service" means Origami's software-as-a-service
identified in the Statement of Work and accessible by Client
via https://live.OrigamiRisk.com or another designated web
site or IP address or mobile application, rendered to Client
by Origami.
"Statement of Work" means any statement of
work entered into and mutually approved in writing by the
parties pursuant to this Agreement from time to time. The
initial Statement of Work is attached hereto as Exhibit A,
and the pricing detail with respect to such Statement of
Work is attached hereto as Exhibit B.
'olJser" means any employee, contractor, agent,
customer, investor, consultant or service provider of Client
or any of Client's Affiliates who uses or accesses the
Service or any other person or entity that is provided user
credentials to the Service by or on behalfofClient or any of
Client's Affiliates.
"Work Product" means Customizations and any
software, programming, tools, documentation, and
materials that are used, created, developed, or delivered by
Origami to Client in connection with Customizations, and
all Intellectual Property Rights subsumed therein.
2. SERVICE.
(a) Service. Subject to the terms and
conditions of this Agreement, during the term of this
Agreement, Origami hereby grants Client a non-exclusive
right to permit its Users to access the Service via the
Internet. Client, its Affiliates and Users may use the Service
solely for internal business of Client, its Afflrliates and
Users. Users shall use the Service in accordance with this
Agreement and the applicable Statement of Work and
Documentation.
(b) Storage. Client may store Client Data
through the Service up to the amount set forth in the
applicable Statement of Work. If the amount of storage used
exceeds this limit, Client will be charged, on a monthly
basis, the excess storage fees pursuant to the Statement of
Work.
(c) Service Level Agreement. Origami's
Service Level Agreement with respect to the Service is set
forth as Exhibit C (the "Service Level Agreement"). Any
Excluded Event (as defined in such Service Level
Agreement) and any unavailability of the Service that does
not constitute a failure of the Availability Requirement set
forth in such Service Level Agreement shall not constitute
a breach of this Agreement.
(d) Restrictions. Nothing in this Agreement
shall be construed as a grant to Client of any right to, and
Client shall not, and shall not permit any User or any other
third party to: (i) reproduce, license, sublicense, sell, resell,
transfer, assign, distribute or otherwise commercially
exploit or make available to any third party the Service or
8.J.a
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any portion thereof; (ii) distribute, disclose or allow use of
any of the Service, or any portion thereof, in any format,
through any timesharing service, service bureau, network or
by any other means, to or by any third party; (iii) decompile,
disassemble, or otherwise reverse engineer or attempt to
reconstruct or discover any source code or underlying ideas
or algorithms of the Service in any manner; (iv) create
derivative works from, modify or alter any of the Service in
any manner whatsoever; (v) use or access the Service in a
manner that would reasonably be expected to damage,
disable, overburden, or impair any Origami servers or the
networks connected to any Origami server (and if any
access or use of the Service does damage, disable,
overburden, or impair any Origami servers or the networks
connected to any Origami server, then Client shall promptly
discontinue such access or use upon written notice ofsuch
by Origami); (vi) take any action that would reasonably be
expected to interfere with any third party's use and
enjoyment of the Service (and if any Client action does
interfere with any third party's use and enjoyment of the
Service, then Client shall promptly discontinue such action
upon written notice of such by Origami); (vii) attempt to
gain unauthorized access to the Service, accounts, computer
systems, or networks connected to any Origami server;
(viii) use any robot, spider or other automatic device or
manual process to monitor or copy portions of the Service;
(ix) use the Service in a manner intended to abuse or violate
the privacy or property rights of others; (x) perform any
vulnerability scanning or penetration testing on the Service
or Origami's systems or networks without Origami's
explicit prior written consent for each such scan or test; or
(xi) access the Service in order to (A) build a competitive
product or service, or (B) build a product using similar
unique and confidential ideas, features, functions or
graphics of the Service.
(e) Users. Client may permit the number of
authorized Users as set forth in the Statement of Work to
use the Service. Each authorized User shall access and use
the Service (i) in accordance with the terms of this
Agreement and the applicable Statement of Work and
Documentation, and, (ii) when applicable, through a unique
and reasonably secure username and password as further
described in the applicable Statement of Work or
Documentation. The Service allows Client to grant different
levels of access to Client Data, to different Users, as
described in more detail in the Statement of Work. It is
Client's responsibility to designate the applicable access to
be granted to each User. Client shall cause all Users to
comply with all obligations of Client hereunder, to the
extent applicable to Users. Except for Client's and its
Affiliates' system administrators where reasonably
necessary for administrative or security purposes, no User
may use the username/user identification or password of
any other User. Client's failure to cause a User to comply
CoNFIDENTIAL
with the terms of this Agreement or any uncured User
noncompliance shall constitute a material breach of this
Agreement by Client.
(Ð Third Party Access. Client shall also have
the right for Client and its Affiliates to permit third party
Users to access or use the Service in accordance with the
terms and conditions of this Agreement and the applicable
Statement of Work, provided that each such third party User
has agreed in writing to Origami's Third Party User
Agreement ("Third Party Terms") prior to or upon such
User's initial login to the Service. Such Third Party Terms
are available from Origami upon request. Client may meet
this requirement with respect to any third party User by
requiring such third party User to accept the Third Party
Terms as part of a click-through that can be enabled to
appear upon such third party LJser's initial login to the
Service. Any rights granted hereunder or under the Third
Party Terms with respect to the Service to third party Users
shall expire or terminate immediately upon the termination
of this Agreement in accordance with its terms. Client shall
be fully responsible for (i) ensuring the compliance of each
Client Party with the terms and conditions of this
Agreement, the applicable Statement of Work and
Documentation, and the applicable Third Party User
Agreement, and (ii) all violations of the terms or conditions
of this Agreement, the applicable Statement of Work and
Documentation, and the applicable Third Party Terms by
each Client Party.
(g) Professional Services. During the term of
this Agreement, Origami will make available to Client
certain Professional Services to the extent set forth in the
Statement of Work. Client may also contract for expanded
services for additional days and hours in accordance with
the rates set forth in the Statement of Work, or if no such
rates are specified, Origami's then-current policies and
prices. Notwithstanding the foregoing, Origami will not be
obligated to provide any support required as a result of, or
with respect to, (i) Client's operating systems, networks,
hardware, or other related equipment of Client, or (ii)
Client's or any of its Users' use of the Service other than in
accordance with the applicable Statement of Work and
Documentation and as permitted under this Agreement.
(h) Client Obligations. Client shall: (Ð
provide Origami with reasonable access to Client's
premises to the extent necessary to enable Origami to
perform its obligations hereunder; (ii) provide adequate
resources to participate in or facilitate the performance of
the Service; (iii) timely participate in meetings relating to
the Service; (iv) assign personnel with relevant training and
experience to work in consultation with Origami; (v) meet
the requirements to use the Service as set forth at
http://www.origamirisk.com/product-requirements; (vi)
safeguard the usernames, passwords and other security data,
2
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methods and devices furnished to Client in connection with
the Service and prevent unauthorized access to or use ofthe
Service and promptly notif,i Origami if it becomes aware of
any such unauthorized access or that the security of its
usernames or passwords has been compromised; (vii) be
responsible for Client networks, equipment and system
security required or appropriate in connection with the
Service; (viii) have sole responsibility for the acc,uracy,
quality, legality, reliability and appropriateness of all Client
Data; (ix) transmit Client Data only in an encrypted format
as set forth in the Service Level Agreement or as otherwise
mutually agreed by the parties; (x) obtain all consents and
authorizations from any third parties that Client requires in
order for Origami to provide the Service and perform the
Professional Services, and (xi) take such other actions as are
required of Client pursuant to this Agreement, including any
Statement of Work.
(i) Client Warranty. The parties
acknowledge and agree that during the term of this
Agreement a Client Party or other third parties may disclose
certain Client Data, including personally identifiable data
regarding employees or other individuals, to Origami for the
benefit of a Client Party. With respect to any Client Data so
disclosed by, or on behalf of, a Client Party to Origami,
Client represents and warrants to Origami that: (i) each such
Client Party, and such other third parties operating on
Client's behalf are authorized to collect, use and disclose
the Client Data to Origami for use and storage pursuant to
this Agreement; (ii) such disclosure, use or storage does not
and shall not violate applicable law or, if applicable, such
Client Party's agreements with or privacy notices to
individuals with respect to whom the Client Data relates;
and (iii) Client shall not request Origami to use, store,
disclose or otherwise process Client Data in any manner that
would not be permissible under applicable law or, if
applicable, such Client Party's agreements with or privacy
notices to individuals with respect to whom the Client Data
relates, if done by Client.
0) Non-Origami Events. Client
acknowledges and agrees that Origami shall not be
responsible or liable for any delay or failure in its
performance of any duties or obligations pursuant to this
Agreement, including any Statement of Work, to the extent
such delays or failures result or arise from any (l) act or
omission of any Client Party, including any delays in their
performance or cooperation with respect to the obligations
or warranties set forth in this Agreement or any Statement
of Work; (2) failure of any Client Party's equipment or
software (other than the Service); or (3) Force Majeure
Event.
(k) Mobile Service. The Service may include
certain services that are available via an application
downloaded and installed on a mobile device. To the extent
CoNnrnnNrtlt,
Client chooses to use such application, Client acknowledges
and agrees that Client Data may be stored locally on a
mobile device as part of such service and that the physical
security of any mobile device used to access such services
is Client's responsibility. If Client or any User elects to store
data on a mobile device, Origami shall not be responsible
for any loss of Client Data or any other data on such device.
3. INTELLECTUAL PROPERTY
RIGHTS.
(a) Origami Intellectual Property Rights. As
between Origami and Client, Origami owns all right, title
and interest, including all related Intellectual Property
Rights in and to, or related to the Service and Work Product,
including all software programs contained therein. To the
extent that any such Intellectual Property Rights do not
otherwise vest in Origami or its licensors, Client hereby
agrees to promptly assign such Intellectual Property Rights
to Origami or its licensors, and to do all other acts
reasonably necessary to perfect Origami's or its licensors'
ownership thereof, without additional consideration of any
kind. The Origami name, the Origami logos, and the product
names associated with the Service are trademarks of
Origami or third parties, and no right or license is granted
with respect to their use. The Service may contain
intellectual property belonging to third parties. All such
intellectual property is and shall remain the property of its
respective owners. Except for the limited rights expressly
granted herein, all right, title and interest in and to the
Service and Work Product are reserved by Origami, and,
except as expressly granted herein, nothing contained in this
Agreement shall be construed as conferring any right, title,
interest or license with respect to the Service or Work
Product upon Client, by implication, estoppel or otherwise.
In addition, Client agrees and acknowledges that Origami
shall have an unlimited right to incorporate into any
updates, upgrades, or modifications to the Service all
suggestions, ideas, enhancement requests, feedback,
recommendations or other information provided by Client
or any User relating to the Service. Such Service, as
updated, upgraded, or modified, shall be owned by Origami
as provided in this Section. Client expressly acknowledges
and agrees that the Work Product shall not constitute work
made-for-hire under the United States Copyright Act, and
that Origami shall have the exclusive right to protect the
Work Product by patent, copyright, or any other means.
Work Product shall be made available to Client as part of
the Service to the extent set forth in the Statement of Work,
and Client shall have no other right to use any Work
Product. Nothing in this Section shall affect the ownership
by Client of all Client Data as provided below or other
Client proprietary information.
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(b) Client Data. Client Data shall be
Confidential Information of Client under this Agreement.
As between Origami and Client, Client shall own all right,
title and interest in and to the Client Data, which shall never
be deemed to be the Service or Work Product, even if
delivered or incorporated therewith. Origami shall have no
responsibility, whatsoever, for the accvracy, quality,
legality, reliability, appropriateness, and intellectual
property ownership of Client Data, and Origami shall not
review, monitor or check the Client Data except as
necessary to provide the Service to Client. Origami shall not
be responsible or liable for the deletion, destruction, damage
or loss of any Client Data through no fault of Origami or its
providers without limiting Origami's liability to maintain
backup data as set forth in the Service Level Agreement.
Upon Client's written request within 30 days following the
termination of this Agreement, Origami will at its expense
provide electronic files to Client in delimited text format
containing Client's Client Data. Subject to Origami's
confidentiality obligations set forth in this Agreement,
Client agrees that Origami shall have the right to collect and
use data or information resulting from a Client Party's use
of the Service so long as such data and information is de-
identified and aggregated so that it cannot identify, be traced
back to or otherwise be associated in any manner with
Client or any particular individual.
(c) Notices of Infringement. In the event
Client discovers or is notified of an actual or suspected
infringement of the rights of Origami or its licensors in or
to the Service or any unauthorized access to or use of the
Service (each, an "Infringement"), Client shall promptly
notify Origami of such known or suspected Infringement
and terminate such Infringement to the extent within
Client's control. Client agrees to reasonably cooperate with
and assist Origami (at Origami's sole expense) in
protecting, enforcing and defending Origami's rights in and
to the Service.
4. FINANCIAL TERMS.
(a) Fees. Client shall pay to Origami the Fees
set forth in any Statement of Work or as otherwise agreed
in writing by the parties.
(b) Expenses. Client shall reimburse Origami
for all pre-authorized in writing, reasonable, documented
out of pocket travel, lodging, meal and other expenses
reasonably incurred by Origami in the course of performing
the Service.
(c) Taxes. Client shall be liable for any taxes
(including without limitation sales, use, excise and gross
receipts taxes), charges, tariffs, and duties and any interest
and penalties arising under this Agreement, excluding taxes
CoNrIuu¡qtt¡l
based upon Origami's income. All such taxes may be
included in amounts invoiced by Origami to Client.
(d) Payments. All Fees under this Agreement
shall be payable by Client in accordance with the applicable
Statement of Work or as otherwise agreed by the parties.
Fees shall be due within 30 days of invoice date. Except as
provided in Sections 7(b) and 9(a), all Fees paid hereunder
are non-refundable.
5. CONFIDENTIALITY.
(a) Confidential Information. Each parTy
acknowledges and agrees that during the term of this
Agreement it may be furnished with or otherwise have
access to Confidential Information of the other party. The
party that has received Confidential Information (the
"Receiving Party"), in fulfilling its obligations under this
Section, shall exercise the same degree of care and
protection with respect to the Confidential Information of
the party that has disclosed Confidential Information to the
Receiving Party (the "I)isclosing Party") that it exercises
with respect to its own Confidential Information, but in no
event shall the Receiving Party exercise less than a
reasonable standard of care. The Receiving Party shall only
use, access and disclose Confidential Information as
necessary to fulfill its obligations under this Agreement,
including any Statement of Work, or in exercise of its rights
expressly granted hereunder. Receiving Party shall not
directly or indirectly disclose, sell, copy, distribute,
republish, create derivative works from, demonstrate or
allow any third party to have access to any of Disclosing
Party's Confidential Information; provided that the
Receiving Party may disclose the Disclosing Party's
Confidential Information to its directors, officers,
employees, subcontractors, agents, Affiliates or other
representatives (collectively, the "Representatives") who
have a need to know and who are bound by confidentiality
obligations with respect to such Confidential Information
that are substantially similar to those set forth in this
Section. The Receiving Party shall be responsible and liable
for any breach of this Section by any of its Representatives.
This Agreement (including all Statements of Work and
pricing thereunder) and all Intellectual Property Rights with
respect to the Service and Work Product shall be deemed to
be Confidential Information of Origami under this
Agreement.
(b) Exclusions. The following information
shall not be considered Confidential Information subject to
this Section: (i) information that is publicly available or
later becomes available other than through a breach of this
Agreement; (ii) information that is known to the Receiving
Party or its Representatives prior to such disclosure or is
independently developed by the Receiving Party or its
Representatives subsequent to such disclosure; or (iii)
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information that is subsequently lawfully obtained by the
Receiving Party or its Representatives from a third party
without obligations of confidentiality. If the Receiving
Party is required by law to disclose any portion of the
Disclosing Party's Confidential Information, Receiving
Party shall give prior timely notice of such disclosure to
Disclosing Party to permit Disclosing Party to seek a
protective or similar order, and, absent the entry of such an
order, Receiving Party shall disclose only such Confidential
Information as is necessary be disclosed in response to such
subpoena, court order or other similar document.
(c) Return of Confidential Information.
Upon termination or expiration of this Agreement, the
Receiving Party will promptly return or destroy any
Confidential Information in the possession or control of the
Receiving Party. Origami's obligation to return and destroy
Client Data is set forth in Section 3(b).
6. DATASECURITY.
(a) Audit Report. Upon Client's written
request to Origami during the term of this Agreement (no
more than once in any l2-month period), Origami shall
provide a copy of its Service Organization Control (SOC) 2
audit report (or an equivalent audit report or pursuant to a
successor standard) ("SOC 2 Report") to Client, and such
report shall contain an unqualified opinion. Such audit
report shall be deemed Confidential Information under the
terms of this Agreement.
(b) Safeguards. Origami shall maintain
commercially reasonable administrative, technical and
physical safeguards designed to protect the security and
privacy of Client Data. Such safeguards are described in
Origami's most recently completed SOC 2 Report. In no
event during the term of this Agreement will Origami
materially diminish the protections provided by the controls
set forth in such SOC 2 Report. Such safeguards shall
comply with data privacy laws that are applicable to
Origami in its performance of this Agreement, including,
without limitation, any applicable data privacy laws
addressing personally identifiable information that may be
contained in the Client Data. Origami shall also maintain an
internal information security management program that
addresses data security and the security controls employed
by Origami in compliance with this Agreement. Origami
shall encrypt Client Data as set forth in the Service Level
Agreement.
(") Notifïcation. Origami shall inform Client
promptly and without undue delay in the event that it learns
of any breach of Origami's systems resulting in
unauthorized disclosure of, or access to, any Client Data.
Any such notice will provide a description about the Client
Coxrlnnurt¡r.
Data that was accessed to the extent available at the time of
the notice. Origami will provide regular updates to Client as
additional details about the nature of the affected Client
Data become available. Origami agrees to mitigate, to the
extent practicable, any harmful effects from such breach
that are or become known to Origami.
7. TERM AND TERMINATION.
(a) Term. This Agreement shall commence on
the Effective Date and remain in effect for three years,
unless terminated sooner in accordance with this Section.
This Agreement may be extended upon the mutual
agreement of the parties.
(b) Termination. This Agreement may be
terminated by either party upon written notice to the other
party if the other party breaches any material term and fails
to cure such breach within 30 days after receipt of written
notice of such breach. If Client terminates the Agreement
for Origami's breach in accordance with this Section,
Origami shall refund to Client, within 45 days of the
effective date of such termination, any prepaid but unearned
Fees paid to Origami in advance by Client.
(c) Termination for Non-Appropriation of
Funds. If sufficient appropriations and authorizations are
not made available to Client, this Agreement may be
terminated at the end of Client's then current fiscal year
upon written notice given by Client to Origami. Such event
shall not constitute an event of default. All payment
obligations of Client and all of its interest in this Agreement
will cease upon the date of termination. In the event of
termination under this section, Client shall pay Origami for
all timely completed and conforming work done to the date
of termination.
(d) Events Upon Termination. Upon the
termination of this Agreement: (i) Origami shall cease
providing the Service to Client, and Client and its Users
shall cease use of the Service; and (ii) Origami shall invoice
Client for all accrued Fees and all reimbursable expenses.
Client shall pay the invoiced amounts, including from
previously issued invoices, within 30 days of the date of
such invoice.
(e) Survival. Except as otherwise set forth
herein, in the event of termination of this Agreement for any
reason, the provisions of Sections 2(i), 2Q),3, 5,7(c),7(d),
8(c), and 9 through 13, as well as all payment obligations,
shall survive.
8. LIMITED WARRANTY.
(a) Service Warranty. Origami warrants that
the Service will perform in all material respects in
5
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ORTGAMI RISK
accordance with the Documentation when used in
accordance with the terms of this Agreement on the
hardware and with the third-party software specified by
Origami from time to time. Client's sole remedy for any
breach by Origami of the warranty provided in this Section
shall be replacement of the nonconforming Service, at
Origami's sole expense, as described herein. Origami shall
deliver to Client replacement Service, a work-around and/or
an error/bug f,rx as may be necessary to correct the
nonconformity. In the event that Client gives Origami
notice of an apparent nonconformity that Origami
reasonably determines is not due to any fault or failure of
the Service to conform to the warranty provided herein, all
time spent by Origami resulting in such determination,
including time spent attempting to correct the problem, shall
be charged against Client's client service hours, or, if client
service hours have been exhausted, charged to Client at
Origami's then current hourly rate for such services.
(b) Professional Services Warranty. Origami
represents and warrants that the Professional Services shall
be performed in a professional and commercially
reasonable manner consistent with the standard of care
exercised by Origami in performing similar services for
other clients. Client's sole remedy for breach of this
warranty shall be re-performance of the nonconforming
Professional Services, provided that Origami must have
received written notice of the nonconformity from Client no
later than 30 days after the original performance of the
applicable Professional Services by Origami.
(c) Disclaimers.
(i) EXCEPT AS OTHERWTSE
EXPRESSLY STATED IN THIS AGREEMENT,
ORIGAMI MAKES NO WARRANTY OR
REPRESENTATION WHATSOEVER, EITHER
EXPRESS, IMPLIED OR STATUTORY, WITH
RESPECT TO THE SERVICE, WORK PRODUCT,
PROFESSIONAL SERVICES, OR ANY OTHER
SERVICES PROVIDED HEREUNDER OR THE USE
THEREOF BY CLIENT AND ITS USERS, TNCLUDING
QUALITY, PERFORMANCE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT, AND ORIGAMI HEREBY
DISCLAIMS THE SAME. EXCEPT AS OTHERWISE
SET FORTH IN THIS AGREEMENT, ORIGAMI AND
ITS LICENSORS DO NOT REPRESENT OR WARRANT
THAT: (a) THE USE OF THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE; OR (b) THE
SERVICE WILL MEET CLIENT'S REQUIREMENTS
OR EXPECTATIONS; OR (c) ALL ERRORS OR
DEFECTS IN THE SERVICE V/ILL BE CORRECTED.
(ii) CLTENT ACKNOWLEDGES
AND AGREES THAT THE SERVICE IS A TOOL TO BE
CoNFIDENTIAL
USED BY CLIENT IN THE COURSE OF EXERCISING
ITS PROFESSIONAL JUDGMENT. THE SERVICE
MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND
OTHER PROBLEMS INHERENT IN THE USE OF THE
INTERNET AND ELECTRONIC COMMLINICATIONS.
ORIGAMI IS NOT RESPONSIBLE FOR ANY DELAYS,
DELIVERY FAILURES, OR OTHER DAMAGE
RESULTING FROM SUCH PROBLEMS OUTSIDE OF
ITS REASONABLE CONTROL. NO ORIGAMI AGENT
OR EMPLOYEE IS AUTHORIZED TO MAKE ANY
EXPANSION, MODIFICATION OR ADDITION TO
THIS LIMITATION AND EXCLUSION OF
WARRANTIES IN THIS AGREEMENT.
(iii) Origami shall not be responsible
for: (A) any non-conformities of the Service with
Documentation, omissions, delays, inaccuracies or any
other failure caused by a Client Party's computer systems,
hardware or software (other than the Service), including by
interfaces with such third party software, or any
inaccuracies that such systems may cause within the
Service; or (B) any data that Origami receives from a Client
Party or third party sources and including the data's
accuracy or completeness, or Client's claim handling or
other decisions. Origami disclaims any liability for
interception of any such data or communications, including
of encrypted data. Client agrees that Origami shall have no
responsibility or liability for any damages arising in
connection with access to or use of the Service by any Client
Party to the extent such access or use is not authorizedby
this Agreement.
9. INDEMNIFICATION BY ORIGAMI.
(a) Indemnification. Origami agrees to
indemnify, defend, settle, or pay any third party claim or
action against a Client Party for infringement of any U.S.
patent or copyright arising from Client's use of the Service
in accordance with this Agreement. If the Service or any
part of the Service is held to infringe and the use thereof is
enjoined or restrained or, if as a result of a settlement or
compromise, such use is materially adversely restricted,
Origami shall, at its own expense and as Client's sole
remedy therefor (other than the indemnification obligation
set forth above), either: (i) procure for Client the right to
continue to use the Service; or (ii) modify the Service to
make it non-infringing, provided that such modification
does not materially adversely affect Client's authorized use
of the Service; or (iii) replace the Service with a functionally
equivalent non-infringing program at no additional charge
to Client; or (iv) if none of the foregoing alternatives is
reasonably available to Origami, terminate this Agreement
and refund to Client any prepaid but unearned Fees paid to
Origami in advance by Client prior to the effective date of
the termination.
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ORIGAMI RISK
(b) Exclusions. Origami's indemnification
obligations under Section 9(a) shall not apply to the extent
the claim is based on: (i) modifications to the Service or any
component thereof made by anyone other than Origami or
on behalf of Origami; (ii) use of any Service in combination
with a product not supplied by Origami; or (iii) use of any
Service other than in accordance with this Agreement and
the Documentation.
(c) Conduct. Origami shall have the sole right
to conduct the defense of any such infringement claim or
action and all negotiations for its settlement or compromise,
and to settle or compromise any such claim. Client agrees
to cooperate and ensure that each Client Party cooperates
with Origami in doing so. Client agrees to give Origami
prompt written notice, in no case longer than within seven
days of receipt or discovery, of any threat, warning, or
notice of any such claim or action, with copies of any and
all documents each Client Party may receive relating
thereto.
IO. INDEMNIFICATION BY CLIENT.
Client agrees to indemniff, defend and hold harmless
Origami, its Afflliates, and all their officers, directors,
members, managers, shareholders, employees and other
agents for and against any damage, cost, liability, expense,
claim, suit, action or other proceeding, to the extent based
on or arising in connection with: (a) any breach of this
Agreement by a Client Party in connection with Client Data;
(b) a Client Party's violation of any Federal, state or local
law, rule or regulation relating to such Client Party's
collection and use of any Client Data; (c) a claim, which, if
true, would constitute a breach of Client's representations
and warranties under this Agreement.
11. INSURANCE
Origami shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts
described in Exhibit D attached and incorporated by this
reference.
12, LIMITATION OF LIABILITY.
(a) Disclaimer of Damages. Origami's
warranty excludes damage related to: (a) failure to follow
Service use instructions; (b) Service used with products not
manufactured or recommended by Origami; (c) abuse,
misuse, intentional, or deliberate damage to the Service; (d)
force majeure; or (e) Service repaired or modified by
persons other than Origami without Origami's written
permission.
(b) Limitation of Liability. Origami's
cumulative liability to any Party for any loss or damage
resulting from any claim, demand, or action arising out of
or relating to any Origami Service or the Professional
CoNFIDENTIAL
Services will not exceed the greater of (i) two times the
payments actually made to Origami hereunder during the 12
months preceding the date on which any claim is made
against Origami and (ii) $100,000. In no event will either
Party be liable for special, indirect, incidental, exemplary,
punitive oÍ consequential damages, however caused,
whether for breach of warranty, breach of contract,
negligence, strict liability, tort or any other legal theory,
even if advised of the possibility of such damages.
13. EXPORT CONTROL.
(a) Export. Client shall not export the Service
or any Work Product in violation of applicable United
States laws and regulations. Client also agrees that it will
not knowingly export, directly or indirectly, the Service or
any Work Product (i) that it knows will directly assist in the
design, development, production, stockpiling or use of
missiles, nuclear weapons or chemical/biological weapons;
(ii) to any entity on the Department of Commerce Entity
List or any person or entity on the Department of Commerce
Denied Persons List, each currently available at
http://www.bis.doc.gov; or (iii) to any country subject to
sanctions administered by the Department of the Treasury's
Office of Foreign Assets Control or to any person or entity
on the lists of prohibited entities and persons maintained by
such office, currently available at
http ://www.ustreas. gov/ofac.
(b) Disclaimer. Origami makes no
representation that the Service is appropriate or available for
use in other locations. If Client uses the Service from
outside the United States of America, Canada and/or the
European Union, Client is solely responsible for compliance
with all applicable 1aws, including export and import
regulations of other countries. Any diversion of the Service
contrary to applicable law is prohibited.
14. GENERAL.
(a) Notices. Any notice, request, demand or
other communication (each, a "Notice") given pursuant to
this Agreement must be in writing and delivered to the other
party by either personal delivery, Certified Mail (return
receipt requested and postage prepaid), nationally
recognized overnight courier (with all fees prepaid) or e-
mail at the address of such party listed on the signature page
to this Agreement. Notices sent via e-mail will be deemed
delivered upon the recipient's confirmation of receipt. A
party may change its address by giving Notice pursuant to
this Section.
(b) Assignment. Neither party shall have the
right to assign, transfer, or sublicense any obligations or
benefit under this Agreement without the prior written
consent of the other party; provided, however, that no
written consent shall be required to assign or transfer this
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Onrcnvu Rrsr
Agreement to any parent or wholly owned subsidiary of a
party, and further provided that Origami may assign or
transfer this Agreement without Client's prior written
consent to a successor by way of a merger, acquisition, sale,
transfer or other disposition of all or substantially all of its
assets. Except as otherwise provided herein, this Agreement
shall be binding on and inure to the benefit of the respective
successors and permitted assigns of the parties.
(c) Third Party Beneficiaries. This
Agreement does not and is not intended to confer any rights
or remedies upon any party other than the parties to this
Agreement.
(d) Pubticity. Without prior written approval
signed by an authorized representative of the other party,
neither party shall, directly or indirectly, make any public
announcement related to this Agreement or the Service.
Notwithstanding the foregoing, Origami may disclose the
fact that Client has procured a license for the Service;
provided that Origami will not state or imply that Client
endorses or recommends the Service without the written
permission of Client.
(e) Bntire Agreement; Amendments. This
Agreement (including all exhibits, appendices, schedules
and attachments hereto) constitutes the final agreement
between the parties. All prior and contemporaneous oral and
written communications, negotiations and agreements
between the parties on the matters contained in this
Agreement, including, without limitation, any
nondisclosure or confidentiality agreements entered into
between the parties prior to the date of this Agreement, are
expressly merged into and superseded by this Agreement.
No terms or conditions contained in any purchase order
shall amend this Agreement or shall otherwise constitute an
agreement between the parties. The parties may amend this
Agreement only by a written agreement of the parties that
identifies itself as an amendment to this Agreement.
(Ð Waivers. The parties may waive aîy
provision in this Agreement only by a writing executed by
the party against whom the waiver is sought to be enforced.
No failure or delay in exercising any right or remedy, or in
requiring the satisfaction of any condition, under this
Agreement, and no act, omission or course of dealing
between the parties, operates as a waiver or estoppel of any
right, remedy or condition. A waiver once given is not to be
construed as a waiver on any future occasion or against any
other person.
(g) Severability. In the event that any
provision of this Agreement shall be determined to be
illegal or unenforceable, such provision shall be limited or
eliminated to the minimum extent necessary so that this
CoNprnnNrrnl
Agreement shall otherwise remain in full force and effect
and enforceable.
(h) Resolution of Disputes and Governing
Law. This Agreement shall be governed by and construed
in accordance with the laws of the State of Washington. If
the parties are unable to settle any dispute, difference or
claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute,
difference or claim, shall only be by filing suit exclusively
under the venue, rules and jurisdiction of the King County
Superior Court, King County, Washington, unless the
parties agree in writing to an alternative dispute resolution
process. In any claim, or lawsuit for damages arising from
the parties' performance of this Agreement, each party shall
pay all its legal costs and attorney's fees incurred in
defending or bringing such claim or lawsuit, including all
appeals, in addition to any other recovery or award provided
by law; provided, however, nothing in this paragraph shall
be construed to limit the parties' right to indemnification
under Section 10 of this Agreement.
(i) Force Majeure. Neither party shall have
any liability for any failure or delay in performance of its
obligations under this Agreement (except for payment)
because of circumstances beyond its reasonable control,
including without limitation, acts of God, fires, floods,
earthquakes, wars, civil disturbances, terrorism, sabotage,
accidents, unusually severe weather, labor disputes,
governmental actions, power failures, viruses that are not
preventable through generally available retail products,
inability to obtain labor, material or equipment, catastrophic
hardware failures, usage spikes, attacks on servers, or any
inability to transmit or receive information over the Internet
(each, a "Force Majeure Event"), nor shall any such
failure or delay give any party the right to terminate this
Agreement.
0) Certain Remedies. Each party
acknowledges and agrees that (i) it would be extremely
difficult, if not impossible, to calculate the actual damages
in the event of Origami's breach of Section 3(b) or 5 of this
Agreement or Client's breach of Section 2, 3 or 5 of this
Agreement; and (ii) breach of any such provision of this
Agreement would result in ongoing damages to the non-
breaching party that could not be adequately compensated
by monetary damages. Accordingly, each party agrees that
in the event ofany actual or threatened breach ofany such
provision of this Agreement, the non-breaching party shall
be entitled, in addition to all other rights and remedies
existing in its favor atlaw, in equity or otherwise, to seek
injunctive or other equitable relief (including without
limitation a temporary restraining order, a preliminary
injunction and a final injunction) against the other party to
prevent any actual or threatened breach of any such
8
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Onrcaur R¡sx
provision and to enforce this Agreement specifrcally,
without the necessity of posting a bond or other security or
of proving actual damages.
(k) Counterparts. This Agreement and each
Statement of Work may be executed in counterparts, each
of which will be deemed an original but all of which
together shall constitute one and the same Agreement.
Delivery ofan executed counterpart ofa signature page to
this Agreement or any Statement of Work by PDF or other
electronic means shall be as effective as delivery of a
manually executed counterpart of this Agreement or such
Statement of Work.
Coxrronxrw
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OnrcrvrrRrsr
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date
ORIGAMI RISK LLC CITY OF KENT, WASHINGTON
By:By:
Name Name:
(Print Name)(Print Name)
Title:Title
Co¡lrrnnNrr¡,
Address: 222N. LaSalle St.
Suite 2125
Chicago, IL 60601
Email : legal@origamiri sk. com
Address:
Email:
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Onrcavrt Rrsr CoNFIDENTIAL
EXHIBIT A
STATEMENT OF WORK
This Statement of Work ("SOW") describes services to be performed by Origami Risk LLC ("Origami") for the City of
Kent ("Client"). This SOW is subject to all the terms and conditions of the Software Subscription Agreement between
Client and Origami, into which it will now be integrated as Exhibit A.
PROJECT SCOPE
Provide and implement Origami's Risk Management Information System (RMIS) (the "Service") to Client's Risk
Management team to help ensure accurate and consistent tracking and reporting of Client's claims, policies, locations and
exposures.
Project Priorities: The immediate priorities focus on the following areas
(i) Convert and load data from TPAs
Origami will convert the Client's TPA data and import into the Service. This process requires the receipt of
timely and accurate data from the TPA vendors, and requires collaboration between Origami and Client to
evaluate and resolve data anomalies uncovered throughout the conversion process.
(ii) Reporting and Dashboards
Origami will work with Client to configure and deploy the standard reporting and dashboard features of the
Service to empower Client's professionals at locations throughout the hierarchy to view/receive reports and
dashboards. Origami and Client will collaborate on the reports and dashboard layouts using standard widgets and
reports.
CLIEI{T ROLES AND RESPOI{STBILITIES
Client will identify a System Administrator ("Client SA") who will be responsible for working with Origami to implement
the Service and to provide ongoing production support to Client's Users. The Client SA and, from time to time, other
Client employees will be available to provide timely direction and feedback as needed by Origami to complete the
Origami tasks in this SOW. The Client SA will also be responsible for setting up, assigning security rights, and
maintaining user IDs for all Users.
Client will have final responsibility for decisions regarding the functionality, usability and data access rights of any
configurations (such as forms, dashboards and interfaces) contemplated by the Implementation or Support sections in this
SOV/ or otherwise created by or for Client or Client's users in the Service.
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LICENSES
ConrtonNtLlI,
Enterprise License
License Selected Description
RMIS Yes This Enterprise License includes functionality related to risk management, including
incidents, claims, insurance policy management, locations, certificates of insurance, safety,
and risk management portal.
Enterprise Risk Management
IERM)
No This Enterprise License includes ERM functionality
* Origami also offers other Enterprise Licenses (e.9.. Commercial Claims and Commercial Underwritins) that are not included under this SOW
User Licenses
License Ouantitv Descrintion
Full User 3 These licenses have access to all the capabilities and features ofthe Service under the selected Enterprise
License, except those features utilized for adjusting claims such as check writing, setting reserves and
calculating indemnity benefits. These licenses have access to Extended Functionality features to the extent
selected below.
Light User These licenses have access to the dashboard, reports pre-configured for them, and read-only access to other
areas ofthe Service under the selected Enterprise License. Light Users do not have access to Administration
features or Extended FunctionaliW features.
Claims Adjusting
lJser
0 These licenses have access to all the features and capabilities ofthe Service under the selected Enterprise
Licensc, including those features utilized for adjusting claims such as check writing, setting reserves and
calculating indemnity benehts. These licenses have access to Extended Functionality features to the extent
selected below.
Non-Named User Access Licenses
License Selected Ouantitv Description
Enterprise Wide
Record Entry
No Up to 0 records
added per year
These licenses are not named licenses and have access only to enter records either by
(l) an anonymous collection portal, by clicking an anonymous collection link
generated via Origami's administration features ("Portal Data Entry") or (2) granting
access to a URL sent ÍÌom Origami Risk as a Data Entry Event email notification,
giving time limited access to a single record ("Grant Access").
Enterprise Values
Collection
No 0 Users These lìcenses allow representatives in the field to enter data through the Service's
online platform pertaining to information necessary for renewal submissions, such as
TIV, Square Footage, COPE information, or other such asset and exposure data.
Extended Functionalitv Licenses
License Selected Ouantitv Descrintion
Secure Email No Up to 0 Secure
Emails sent per
month
This license provides secure email functionality, which provides password protected
hosting for email communications from and to the Service.
OCR Scanning No Not Included This license provides optical character recognition (OCR) functionality for the
purpose of mapping specified data fiom scanned documents to data frelds within the
Service.
Certihcate of
Insurance Tracking
No [!ryggþover
initial 100
This license provides certificate ofinsurance tracking for third party insureds, such as
tenants, vendors, contractors or customers. The first 100 insureds are provided at no
additional cost, and this license provides the ability to track certificates for more than
1 00 insureds.
SMS Messaging*No 0 SMS Messaees
(over initial 500)
This license provides the ability to send SMS messages as workflow actions within
the Service's administration features. The frrst 500 messages per year are provided
at no additional cost, and this license provides the ability to send more than 500
messages Der vear.
Two Factor
Authentication*
No 0 2FA Messaees
(over initial 500)
This license provides the ability to send SMS and/or email messages to users to
validate their identity before logging in fiom a new device and/or once every 30 days
fiom the same device. The fìrst 500 messages per year are provided at no additional
cost. and this license Drovides the ability to send more than 500 messases oer vear.
Mobile Forms App No Not Included Origami's Mobile Forms App may be used by any named user for no additional
license fee. but service hours are required lor confisuration.
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* By purchasing this license, Client will need to agree to certain vendor terms and conditions to be provided by Origami.
License Notes:
l. Origami adds generally available features from time to time that may require conflrguration prior to use. If Client
requests Origami's assistance in this configuration, Professional Services hours may be applied for any such
configuration.
2. In addition to the generally available features, Origami may occasionally deploy new functionality that will require
an Extended Functionality License similar to those listed in the Extended Functionality License section above. These
features may require additional fees based on record volume, number of additional users accessing the new features,
or some other incremental cost driver. Client may agree to add such an Extended Functionality License in a separate
Statement of Work.
HOSTII{G
Origami will provide data storage for up to 5,000 claims and incidents. In addition, Origami will provide 50GB of file
attachment storage. Additional storage is available al any time during the term of this SOW as set forth in the Pricing
section below.
Origami will host the application and data in a secure internet accessible environment. Origami will backup Client data at
periodic intervals each day.
TMPLEMENTATION PROCESS
Implementation is the process of configuring the Service for use by Client including system settings, supporting Client in
loading data, training users, and other work identified in this section of the SOW. The implementation phase is completed
when Client is able to utilize the Service platform for the purposes described in the Project Scope above, referred to by
Origami as being Live in the system. Origami will manage the overall implementation process, including scheduling and
leading meetings, communicating with the team, follow up documentation, and maintaining the project schedule through
the Go-Live date. Client's provision of timely and accurate specifications, direction and feedback is essential to the
implementation.
Svstem Configuration
Origami will:
- Develop the claim forms for Work Comp, General Liability, Property, Auto Liability and Auto Physical Damage
(including form for recoveries/receivables).
- Configure up to 2 default dashboards using standard Origami dashboard widgets.
- Configure up to 8 reports using standard Origami RMIS templates and/or the custom template design tool.
- Configure up to 2 report distribution lists.
Mobile Claimant
App
No Not Included Origami's Mobile Claimant App may be used by any named user for no additional
license fee, but service hours are required for conhguration. Requires a minimum of
three (3) Claims Adiustins Users.
Workers'
Compensation
Solutions*
No Jurisdictions: None This license includes the following Origami Compliance solutions (this functionality
is only available to Claims Adjusting Users):
r Automated EDI FROI/SROI State Reporting via Mitchell
r lndemnity Benefits Rates
o Workers' Compensation State Forms
ODG Integration
User*
No 0 Users This license provides integration with ODG's Return to Work guidelines. This
feature may only be utilized by Claims Adjusting Users and Full Users. This feature
queries ODG's RTW and treatment euidelines based on WC claim diaenosis codes.
Tableau*No 0 Users This license allows Origami users to access Tableau within the Origami environment,
orovidins enhanced data visualization.
eSignature
Intesration*
No 0 Envelopes This license provides the ability to tag mail merge documents with electronic
signature fields, authenticating through a third-party eSignature tool.
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Configure I Location form layout
Deploy Standard Contact form layout
Deploy Standard Policy form layout
Configure up to 5 data entry events with corresponding system actions
Annual process to purge claims that are past the retention date agreed to with Client (likely to be 7-10 years,
based on retention schedule and underwriter needs).
Client will:
- Provide specifications, direction, and feedback as needed by Origami in a timely manner.
- Configure additional default dashboards, fields, forms, user roles, distribution lists, reports and other features as
needed by Client.
Loadine Other Sunnorted Risk Data via Data Imnort Center
Origami will:
- Provide training and support to Client as needed for following import activities
Client will:
- Provide, or anange to provide, spreadsheets containing Client's risk data in the format supported by the Service's
Data Import Center.
- Utilize the Service's standard Data Import Center tools to import the above risk data.
Loadine Carrier / TPA Claims Data for Data Processine
Origami will:
- Provide Client with text for data request letters suitable for requesting necessary data from each of the sources
named below.
- Convert and load the initial system data from the sources named below
Client will:
- Arrange for claims and transactions data be sent to Origami from Carl Warren.- Arrange for claims and transactions data to be sent to Origami from Work Comp TPA.
Confieuration of [Incidentl Intake Process
Origami will:
- Configure the Enterprise Portal Data Entry Screens to accurately mirror Client's existing process (with below
improvements)
- Build the workflow in the Service for proper email notification, mail merge document distribution and task
creation according to Client's business rules.
Clìent will:
- Provide screen shots of existing intake forms currently in use.
- Work with Origami to identify opportunities to improve on current intake forms and process.
- Specify the workflows and individuals required for event triggered emails, tasks and mail merge
Trainins
Orieami will:
Provide 16 hours of training to Client in year I of this SOW and provide additional training each subsequent year
as needed. Professional Service hours will be eroded for training in future years. Training will be provided at
Client offices or online at Client's request. Training can be provided in one session or several on mutual
agreement between Client and Origami. Travel & Expenses associated with any on-site training will be pre-
approved by Client and billed as incurred.
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Client will:
- Provide Origami with guidance about the employees to be trained and any training requirements or a preferred
approach.
- If training is to be provided in Client office, provide appropriate meeting space and internet access so Origami can
perform the training and also provide for transportation and other expenses for Client employees who attend the
training.
PROJECT MANAGEMENT OPTION SELECTED:
Origami is founded on a set of ITERATIVE processes from top to bottom. These contemporary tenets are the foundation
of Origami's ability to deliver better service and faster and more accurate implementations. Origami ¿lso maintains a set
of best practices, tools and experts for our clients who require a more TRADITIONAL approach to managing their
implementation project. The selection below indicates the project management model included within this SOW:
This SOW includes:
Included Iterative Project Management
Not Included Traditional Project Management
Iterative Proiect Management - Included
Origami will:
o Maintain schedule with key deliverables and expected dates*
o Lead status calls twice per month
o Maintain project status document containing priority list, open items and changes which may impact timeline
o Coordinate all activity within Origami to complete Origami's tasks on the project schedule
o Origami's administrative tools and screens are by their nature self-documenting and serve as documentation of the
implementation for Client's System Administrator to reference.
Client will:
o Participate in status calls and working meetings
o Coordinate all activity within Client's organization to complete Client's tasks on the project schedule
o Coordinate all activity of Client's 3'd party providers required to complete tasks on the project schedule
Traditional Project Management - Not Included
In addition to Iterative Project Management described above, Origami shall designate a Project Manager to provide [xx]
hours of project management during the Implementation (on average [x] hours per week). This Project Manager shall
maintain a library of written artifacts and conduct activities including:
ACTIVITIES:
o Formal project kickoff**
o Designated Project Manager role
o Maintain schedule with key deliverables and expected dates/milestones
o Coordinate all activity within Origami to complete Origami's tasks on the project schedule
o Coordinate meetings and discussions with stakeholders as needed to maintain project progress*
o Maintain project stafus document containing priority list, open items and changes which may impact timeline
ARTIFACTS:
o Formal project kickoff agenda**
o Communication plan
o Formal stakeholder analysis
o Project charter
o Collaborationwebsite
o Detailed work breakdown structure
o Weekly project status calls, agenda, meeting notes
o Detailed issues and risks log
o Action items list
o Detailed project plan
o On site agendas**
o Change control management
o Executive steering committee stafus call agenda (as
needed)
o Origami governance decision management document
o UAT test plan for critical items***
o Executive project dashboard
o Lessons learned analysis
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*Project Management assigned as shared role of team members
**May include on site attendance
***Dependent on client input and test cases provided
ONGOING SUPPORT
After the Implementation is completed or Client is using the Service in production for greater than 30 days, this section of
the SOW describes Origami services through the remainder of the term of this SOW.
Carrier / TPA Claims Data Oneoine Processine
Origami will:
Process the claim data updates received from Client data providers as follows:
- Carl Warren: Claims and Financial Transactions processed Monthly
- Work Comp TPA: Claims and Financial Transactions processed Monthly
Client will:
- Use Origami tools to resolve exceptions, if any, such as missing locations, incomplete code maps, and other
exceptions, which may occur in the update as a result of data enors or missing data from data providers.
- Notify Carrier / TPA of data exceptions when appropriate to have data corrected at source.
Professional Services
This SOW includes up to 40 hours of Professional Services in the first year, up to 40 hours in the second year, and up to
40 hours in the third year. Professional Services include any work performed by Origami professionals on behalf of
Client. Examples include:
¡ Helpdesk support for users
¡ Additional user training
o General assistance utilizing the Service
¡ Configuration of features for Client's use
¡ Maintenance of screens and system configurations as workflows evolve
o Configuration of customized reports
o Maintenance or modification of any import or export scripts
¡ Attendance in meetings
¡ Project management tasks and administration
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PRICII{G AND INVOICE SCHEDULE
The price for the licenses and services listed above in this SOW is $68,770 for the first year, $31,400 for year two, and
$31,400 for year three of the contract. Exhibit B provides a detailed breakdown of the components of the price.
Origami is provided a discount of $4,000 in the first year for a total of $64,770.
Payment for Year I will be invoiced with $32,385 due upon execution of this SOW and the remaining $32,385 due 4
months from the execution of this SOW. Payments for Year 2 and3 are due on the anniversary date of this SOW.
If needed, additional services can be purchased through an addendum to this SOW. All fees are subject to state sales tax,
where applicable.
All travel costs and expenses will be pre-approved by Client in writing and billed to Client as incurred.
ADDITIONAL PRICING:
1. If Client requires additional storage during the term of this SOW, additional fees will apply as follows:
- Current annual fee for storase of uo to 5.000 Claims / Incidents : $5.000
- Annual fee for storage of 5,001-10,000 Claims / Incidents - $7,500
- Annual fee for storage of 10,001-25,000 Claims / Incidents: $15,000
- Current annual fee for storage includes 50GB of File Attachment storage
- Additional File Attachment storage is $2,000 per 50GB per year
2. Additional Professional Service hours will be invoiced as incurred at Origami's unbundled rate listed within Exhibit B
Bundled hours may be added prior to the start of each contract year.
3. Additional users, additional licenses or additional use beyond that which is listed above in the Licenses section of this
SOW shall require additional fees. Origami shall invoice Client, and Client shall pay for any additional licenses, hosting,
service hours or other usage in excess of what is specified in this SOW.
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ORIGAMIRISK
STATEMENT OF \ilORI( APPROVAL
The undersigned agree to this Statement of Work.
ORIGAMI RISK LLC
Name
(Print Name)
Title:
Date:
CITY OF KENT
CoNrrunNrrar,
By:By:
Name:
Title:
(Print Name)
Date:
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Year 1 Year 2 Year 3 Gomments
Software
Licensing, Hosting,
Network, Storage,
and lT Operations
$10,000 $10,000 $10,000 . Base Origami Software License. Up to 5,000 records
. lncludes 50 GB of file Storage
User Licensinq
$6,000 $6,000 $6,000 . 3 Full User
. Admin Access for No Additional Charge
TPA lnterfaces $8,000 $8,000 $8,000 . Monthly Claim and Transaction Data Loads for
CarlWarren and Work Comp TPA
lmplementation
Fee
$37,370 $o $o . 202 hours - See above for deliverables
Onqoinq Support $7,400 $7,400 $7,400 . 40 Annual Support Hours
Discount
($4,ooo)
Total $64.770 s31.400 $31,400
ORIGAMI RISK CoxnlnrNtlal
EXHIBIT B
PRICING MODEL
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EXHIBIT C
SERVICE LEVEL AGREEMENT (SLA)
SYSTEM AVAILABILITY
Origami Risk will be available 995% of the time, excluding unavailability as a result of any Excluded Event (the
"Availability Requirement"). This includes holidays, weekends, and non-business hours. It does not include planned
downtime. In normal circumstances, Origami Risk will schedule downtime between 8:00 PM CT and 7:00 AM CT.
Origami Risk will post system availability statistics quarterly.
"Excluded Event" means (i) scheduled maintenance windows of which Client is notified at least 24 hours in advance and
which occur outside of normal business hours; (ii) scheduled repairs of not more than two hours duration in any one week
period of which Client is notified at least four hours in advance and which occur outside of normal business hours; (iii)
critical repairs including security updates where advance notice cannot be reasonably provided; (iv) intemrptions caused
by transmission errors, Internet service providers, vandalism, user effor or other factors beyond Origami's or its direct
service providers' reasonable control; or (v) intemrptions caused by any act or omission of Client (including any
employee, contractor, agent, customer, investor, consultant or third party user of Client or any of Client's affiliates who
uses or accesses the service), including any failure or delay in the performance of its obligations or failure of Client's
equipment or non-Origami software. The Availability Requirement applies only to Origami's production environment
and not to Origami's staging environment.
Service Credits:
In the event there is a material failure of Origami's service to meet the Availability Requirement (a "service Level
Failure") in any calendar month, then Client shall have the following sole and exclusive remedy: Origami will
provide Client with a service credit on the next annual invoice equal to the pro-rated charges for one (l) full day
of the affected services (i.e., l/30 of the monthly fee, assuming a thirty (30) day month) for each day during
which there was a Service Level Failure in such calendar month (a "service Credit"). For clarity, such Service
Credit shall not include credit for hosting fees, data processing fees, professional services fees or any other
prepaid bundled fees other than licensing fees.
If Client believes that it is entitled to receive Service Credits, Client shall notify Origami in writing within seven
business days after the applicable calendar month with a description of the Service Level Failure and the date and
time of such Service Level Failure. If Client does not notify Origami within such timeframe, then Client shall be
deemed to have waived all claims with respect to such Service Level Failure (but not to any future Service Level
Failure). Origami will make all determinations regarding Service Credits in its reasonable discretion.
For any given month, Client shall in no event be entitled to receive a Service Credit that exceeds i00% of its
monthly license fees for such month. Client agrees that Service Credits are the sole and exclusive remedy for any
Service Level Failure.
BACKUP AND RECOVERY
Origami currently backs up transactions every l5 minutes via incremental backups. A differential database backup is
performed nightly and a full backup is performed weekly. Backups are stored off site via Amazon 53, which has multiple
redundancy and99.9999.999990/o durability and99.99%o availability of objects over a given year. Periodic database
restore tests are performed to validate that backups are valid. Origami retains weekly backups for a minimum of six
months.
NOTICES
Two email subscription options are available to each Origami Risk user. These determine the type of communication that
they will receive from Origami Risk.
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- Emergency: Receive emails concerning outages and other system problems
- Maintenance: Receive emails concerning scheduled maintenance on the system.
Courrnnxtt¡t,
In addition, any Origami Risk user can visit http://status.origamirisk.com/ to view the current system status.
SERVICE REQUESTS
Origami Risk will respond to service related incidents or issues within the following time frames:
Urgent Requests
An urgent request for service concerns a new development that significantly affects a major business task with no
workaround. Client will request urgent support by sending an email to support@origamirisk.com with the word "lJrgent"
in the subject line. An urgent request made between 7:00 AM CT and 8:00 PM CT will typically be responded to
immediately, and Client may also call any member of the Origami Risk support team directly. If Client does not receive a
prompt response, Client may escalate by contacting any Origami Risk service or support employee or manager via contact
information provided to Client. The target resolution time for an urgent issue is as soon as possible.
Normal Requests
A normal request for service is any service request that is not urgent. A normal service request will typically be
responded to within one business day. Client will request support by sending an email to support@origamirisk.com.
Client may also call or email any member of the Origami Risk support team directly.
SECURITY
Any access to Origami Risk requires a unique user id and password. Passwords must adhere to standard password
security rules including minimum length and complexity. Origami Risk uses a role-based security model. Client is
responsible for assigning and maintaining role, location, and coverage security for users. Client's system administrators
can use the tools in Origami Risk to review and change security rights, edit the user profile, and reset the password. User
passwords are encrypted in the Origami database using a SHA-256 hash algorithm.
System locks out user after five login attempts with an incorrect password. An administrative user must then reset the
user's password and unlock the user account.
Origami Risk uses TLS vl.2 or higher for all communications over htçs. Origami databases are fully encrypted using
256-bit AES encryption.
Claim, Transaction, and Notes data sent to the Origami Risk FTP site must be encrypted using at least 128 bits. Origami
uses Open PGP for file encryption and can provide an encryption key to be used by the client. Origami Risk will keep the
files on a secured files system in encrypted format except during the import process. When the import process is
completed, unencrypted files are removed from the system.
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ORIGAMI RISK CoNnlonNrnl
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.
Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on ISO occuffence 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 additional 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 I 1 85 or a substitute endorsement
providing equivalent coverage,
2. Cyber Liability insurance.
3. Workers' Compensation coverage as required by the state of residency
4. Emplo)'ers Liability Stop Gap coverage, which may be met in combination with Consultant's Cyber
Liability insurance.
Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits
Commercial General Liability lnsurance shall be written with limits no less than $ 1,000,000 each
occuffence, $2,000,000 general aggregate. Coverage may be in the form of an underlying GL
policy combined with an Umbrella/Excess policies in order to meet the limits required.
Cyber Liability insurance shall be written with limits no less than $10,000,000 per occurrence and
$5,000,000 Aggregate.
3. Emplo)¡ers Liability Stop Gap $1,000,000.
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:
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. If Consultant fails to meet the insurance requirements set forth in this Exhibit, Consultant shall provide
written notice to the City.
2.
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Onrc¡,ur Rrsx
a-t.
CoNrrnnNtr.lt,
The City of Kent shall be named as an additional insured on Consultant's Commercial General Liability
insurance 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 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.
Page xiii
8.J.a
Packet Pg. 183
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DATE (MM/OO/YYYY)
08t12nu9
THIS CERTIF¡CATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTTFTCATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSU|NG TNSURER(S), AUTHORTZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: lf fhe certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on
fhis certificate does not confer riqhts to the certificate holder in lieu of such endorsement(s).
PRODUCER
MARSH USA INC.
540 W. MADISON
cHtcAGo, tL 60661
cN10829761 7-Std-GAWU-18-19
PHONE FÆ(¿Àlf: Nâì!
INSURERISI AFFORDING COVERAGE NAIC *
tNsURER A : Travelers Pro'p€rtv Casualtv Co. of America 25674
INSURED
0rigami Risk LLC
222 N Lasalle St.
Suite 2125
Chicago, lL 6060'l
INSURFR B: N/A N/A
INSURER C :
INSURER D:
INSI,JRER E :
INSUÞFF F :
COVERAGES
CERTIFICATE OF LIABILITY INSURANCE
CERTIFICATE NUMBER cHt-009324604-01 REVISION NUMBER: 2
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURÂNCE fNcn POLICY NUMBER
FOLICY EFF
f MM/ftfl/YYYvt
POLICY EXP
fMM/DDÍVYYVI LIMITS
A X COMMERCIAL GENERAL LIABILITY
CLAIMS.MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
X ,o,-,"" fl 55"o; fl ,-o"
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zLP-31M20600-1 8-t5 1211712018 12t1712019 EACH OCCURRÊNCE $1,000,000
UAMA(jI IUKtsNItsU
PPFMISFS lFâ ñ¡-¡rrrañôÁl $I,000,000
MED EXP (Anv one De6on)$10,000
PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
PRODUCTS - COMP/OP AGG $2,000,000
$
AUTOMOBILE LIABILITY
ANYAUTO
OWNEO
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON.OWNED
AUTOS ONLY
$
BODILY INJURY (Per peßon)
BODILY INJURY (Per acc¡d€nt)
$
$
UMBRELLALIAB
EXCESS LIAB
OCCUR
CLAIMS.MADE
EACH OCCURRENCE
AGGREGATE
NFD RFTFNTION $$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETORYPARTNERYEXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandafory ¡n NH)
lf yes, descr¡be under
ntrS(ìRlPTIôN ôF ôPFRÂTlôNS hêlôw
N/A
uts-EJ1 /0169-18{b-G 'tzt1il¿u1ö 1Zt1t t20'19 V IPhK^ I srÂTUTF otH-
FR
Ê.L. EACH ACCIDENT s 1,000,000
E.L, DISEASE - EA EMPLOYEE $r,000,000
E.L- DISEASE - POLICY LIMIT s 1,000,000
DESCRIPTION OF OPERATIONS , LOCATIONS / VEHICLES (ACORD 101, Add¡tlonal Remarks Schedule, may be attached if more spacê ls rêqulrod)
limited to liability arising out ofthe operations of the named insured subject to policy lerms ând condil¡ons.
c
@ 1988-2016 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE wlLL BE DELIVERED IN
AGCORDANCE WITH THE POLICY PROVISIONS.
The City of Kent, Washington
220 Fourth Ave. S.
Kent, WA 98032
AUTHORIZED REPRESENTATIVE
of Marsh USA lnc,
--Þ4*a-q,,tøo¡; $4^À¿-l\r,\+<l-Manash¡ Mukherjee
ACORD 25 (2016/03)
8.J.a
Packet Pg. 184
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COVERAGES
CERTIFICATE OF LIABILITY INSURANCE
CERTIFICATE NUMBER:cHt-00932461 0-01 REVISION NUMBER: 2
DATE (MM/DD/YYYY)
0811u2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSU|NG TNSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(íes) must have ADDITIONAL INSURED provisions or be endorsed.
lf SUBROGATION lS WAMD, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement{s).
PRODUCER
MARSH USA INC.
540 W. MADISON
cHtcAGo, tL 606ô1
CN10829761 7-Std-Cybe1-l 9-20
PHONElÂln N^ Frl'FAX,ÂrC Nôì.
INSURERISI AFFORDING COVERAGE NAIC #
TNSURER A : National Union Fire lns Co Pittsburoh PA 19445
INSURED
Origami Risk LLC
222 N LaSalle St.
Suite 2125
Chicago, lL 60601
INSURER B:
INSURER C :
INSURER D :
INSURER E
INSURFR F :
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRITR TYPE OF INSURANCE INSD WN POLICYNUMBER POLIGY EFFIMil'DDÍYYYYI FOLIGY EXP
IMM'DD/YYYY-ì LIMITS
COMMERCIAL GENERÁL LIABILITY
CLAIMS.MADE OCCUR
LIMITAPPLIES PER:
3Ë& l-1'o"
EACH OCCURRENCE t
UAMAGb IUT{ENIEU
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MED EXP lAnv one Derson)$
PERSONAL &ADV INJURY t
GENERAL AGGREGATE t
PRODUCTS . COMP/OP AGG $
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AUTOMOBILE LIABILITY
ANY AUTO
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AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
$
BODILY INJURY (Per peßon)$
BODILY INJURY (Per aæident)$
$
$
X UMBRELLALIAB
EXCESS LIAB
X OCCUR
CLAIMS.MADE
EACH OCCURRENCE $
AGGREGATE $
DED X RETENfloN $ 10.000 a
WORKERS COMPENSATION
ANO EMPLOYERS' LIABILITY Y/N
ANYPROPRIETORYPARTNERYEXECUTIVE
OFFICEFUMEMBER EXCLUDED?
(Mandatory ¡n NH)
lf yes, descr¡be under
DFSCRIPTION OF OPFRATIONS b6lôw
N N'A
IPER I
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E.L. EACH ACCIDENT $
E.L. DISEASE . EA EMPLOYEE $
E.L- DISEASE. POLICY LIMIT c
A Cyber Liability and
Enon and Omissions
06-245-7349 06t22t2015 12t17t2020 Per Claim
Annual Aggregate
5,000,000
5,000,000
DESCRIPTIOI'¡OFOPERATIONS/LOCATIONS/VEHICLES (ACORDl0l,AdditíonalRêmerksSchêdule,maybeattached¡fmorespacêlsrêqulred)
CERTIFICATE HOLDER
@ 1988-2016 ACORD CORPORATION. All rights reserved
The ACORD name and logo are registered marks of ACORD
SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTIGE wlLL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVÍSIONS.
The City of Kent, Washington
220 Fourth Ave. S.
Kent, WA 98032
AUTHORIZED REPRESENTATIVE
of Marsh USA lnc,
-.Þ4*at,¡-a.*r.i 1}r4"*J¿-\¡/.d.......¡<r-Manashi Mukherjee
ACORD 25 (20161031
8.J.a
Packet Pg. 185
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DATE: September 3, 2019
TO: Kent City Council
SUBJECT: Willis Street and Fourth Avenue South Roundabout Joint
Utility Trench Project Bid - Award
MOTION: Award the Willis Street and Fourth Avenue South Roundabout
Joint Utility Trench Project Bid to Rodarte Construction, Inc., in the amount
of $544,232.98 and authorize the Mayor to sign all necessary documents,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
SUMMARY:
This project consists of constructing a joint utility trench to underground existing
overhead power and communication utilities that conflict with the proposed Willis
Street and Fourth Avenue South roundabout. To reduce potential scheduling issues
with utility relocation, this work will be completed in advance of the roundabout.
The bid opening was held on August 27, 2019 with nine bids received. The lowest
responsible and responsive bid was submitted by Rodarte Construction, Inc. in the
amount of $544,232.98.
Bid Tab Summary
01. Rodarte Construction, Inc. $544,232.98
02. SCI Infrastructure, LLC $568,312.25
03. Northwest Cascade, Inc. $594,049.50
04. Reed Trucking & Excavating, Inc. $611,384.40
05. Road Construction Northwest, Inc. $641,894.11
06. KC Equipment LLC $660,852.50
07. Scarsella Bros., Inc. $677,636.96
08. MidMountain Contractors Inc. $768,370.90
09. Laser Underground & Earthworks $928,246.00
Engineer's Estimate $702,234.50
BUDGET IMPACT:
This project is funded through the State’s 2018 Supplemental Transportation
Budget.
10.A
Packet Pg. 186
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure
ATTACHMENTS:
1. Willis Street and Fourth Avenue South Roundabout Joint Utility Trench
Project Bid Tabulation (PDF)
10.A
Packet Pg. 187
Willis St. & 4th Ave. S. Roundabout
Bid Opening: August 27, 2019, 2019, 11:00 AM Rodarte Construction, Inc. SCI Infrastructure, LLC Northwest Cascade, Inc. Reed Trucking & Excavating, Inc.
17 East Valley Highway E. 2821 S. 154th St. PO Box 73399 2207 Inter Ave., Suite A
Auburn, WA 98092 Seattle, WA 98188 Puyallup, WA 98373 Puyallup, WA 98372
TOTAL $544,232.98 $568,312.25 $594,049.50 $611,384.40
ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
SCHEDULE I: STREET
1000 Mobilization 1 LS 10,000.00 $10,000.00 42,500.00 $42,500.00 40,000.00 $40,000.00 50,000.00 $50,000.00
1005 Clearing & Grubbing 1 LS 1,200.00 $1,200.00 4,500.00 $4,500.00 6,500.00 $6,500.00 2,500.00 $2,500.00
1008 SPCC Plan 1 LS 1.00 $1.00 700.00 $700.00 2,775.00 $2,775.00 500.00 $500.00
1010 Remove Existing Asphalt Concrete Pavement 775 SY 12.00 $9,300.00 8.50 $6,587.50 18.00 $13,950.00 10.00 $7,750.00
1015 Remove Existing Cement Concrete Pavement 300 SY 20.00 $6,000.00 9.00 $2,700.00 26.00 $7,800.00 30.00 $9,000.00
1020 Remove Cement Concrete Sidewalk 10 SY 25.00 $250.00 10.00 $100.00 30.00 $300.00 100.00 $1,000.00
1025 Remove Cement Concrete Curb & Gutter 20 LF 15.00 $300.00 8.50 $170.00 15.00 $300.00 30.00 $600.00
1050 Saw Cut Existing Asphalt Concrete Pavement 2,820 LF 3.25 $9,165.00 7.25 $20,445.00 4.00 $11,280.00 3.00 $8,460.00
1055 Saw Cut Existing Cement Concrete Pavement 1,275 LF 5.25 $6,693.75 7.00 $8,925.00 5.00 $6,375.00 5.00 $6,375.00
1060 Roadway Excavation Incl. Haul 600 CY 42.00 $25,200.00 30.00 $18,000.00 38.00 $22,800.00 50.00 $30,000.00
1065 Unsuitable Foundation Excavation Incl. Haul 60 CY 50.00 $3,000.00 30.00 $1,800.00 45.00 $2,700.00 50.00 $3,000.00
1070 Foundation Material, Class I & II 20 TON 50.00 $1,000.00 26.00 $520.00 41.00 $820.00 40.00 $800.00
1095 HMA Class 1/2", PG 58V-22 220 TON 275.00 $60,500.00 255.00 $56,100.00 285.00 $62,700.00 225.00 $49,500.00
1100 Hot Plant Mix for Temporary Pavement Patch 60 TON 150.00 $9,000.00 250.00 $15,000.00 44.00 $2,640.00 150.00 $9,000.00
1145 Cement Concrete Sidewalk 10 SY 275.00 $2,750.00 210.00 $2,100.00 260.00 $2,600.00 100.00 $1,000.00
1205 Cement Concrete Curb & Gutter 20 LF 140.00 $2,800.00 55.00 $1,100.00 180.00 $3,600.00 50.00 $1,000.00
1315 Pothole Utilities 10 EA 1,000.00 $10,000.00 300.00 $3,000.00 850.00 $8,500.00 300.00 $3,000.00
1355 Minor Changes 1 CALC 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00
SUB TOTAL $177,159.75 $204,247.50 $215,640.00 $203,485.00
10% SALES TAX $17,715.98 $20,424.75 $21,564.00 $20,348.50
SCHEDULE I TOTAL $194,875.73 $224,672.25 $237,204.00 $223,833.50
SCHEDULE III: JOINT UTIITY TRENCH
3010 Joint Utility Trench (3 Ft. Wide) 800 LF 70.00 $56,000.00 35.00 $28,000.00 8.50 $6,800.00 40.00 $32,000.00
3014 Joint Utility Trench (2 Ft. Wide) 700 LF 35.00 $24,500.00 26.00 $18,200.00 7.50 $5,250.00 40.00 $28,000.00
3027 PSE - Vault Excavation & Installation (SW1) 1 EA 5,500.00 $5,500.00 1,950.00 $1,950.00 1,465.00 $1,465.00 5,000.00 $5,000.00
3028 PSE - Vault Excavation & Installation (J01, J02) 2 EA 3,000.00 $6,000.00 1,000.00 $2,000.00 1,465.00 $2,930.00 3,000.00 $6,000.00
3029 PSE - Vault Excavation & Installation (H01, H02, H03) 3 EA 1,200.00 $3,600.00 400.00 $1,200.00 1,040.00 $3,120.00 1,800.00 $5,400.00
3030 PSE - Vault Excavation & Installation (V02) 1 EA 1,700.00 $1,700.00 2,000.00 $2,000.00 1,795.00 $1,795.00 1,800.00 $1,800.00
3035 Comcast - Vault Excavation & Installation 1 EA 1,700.00 $1,700.00 850.00 $850.00 1,795.00 $1,795.00 2,500.00 $2,500.00
3036 Sand for Conduit Bedding 460 TON 30.00 $13,800.00 23.50 $10,810.00 43.00 $19,780.00 35.00 $16,100.00
3037 Fluidized Thermal Backfill 100 CY 210.00 $21,000.00 175.00 $17,500.00 200.00 $20,000.00 120.00 $12,000.00
3038 Crushed Surfacing Top Course, 5/8" Minus 950 TON 32.00 $30,400.00 35.00 $33,250.00 42.50 $40,375.00 40.00 $38,000.00
3040 PSE - Installation & Proofing of 6" Diameter Conduit 2,350 LF 1.75 $4,112.50 6.00 $14,100.00 9.00 $21,150.00 6.70 $15,745.00
3041 PSE - Installation & Proofing of 4" Diameter Conduit 2,500 LF 1.65 $4,125.00 5.20 $13,000.00 7.00 $17,500.00 5.90 $14,750.00
3042 PSE - Installation & Proofing of 3" Diameter Conduit 540 LF 5.00 $2,700.00 5.00 $2,700.00 5.50 $2,970.00 5.75 $3,105.00
3043 PSE - Installation & Proofing of 2" Diameter Conduit 410 LF 3.00 $1,230.00 5.00 $2,050.00 5.00 $2,050.00 5.90 $2,419.00
3045 Comcast - Installation & Proofing of 4" Diameter
Conduit
900 LF 4.00 $3,600.00 5.25 $4,725.00 9.00 $8,100.00 5.90 $5,310.00
3046 Comcast - Installation & Proofing of 2" Diameter
Conduit
200 LF 8.00 $1,600.00 5.00 $1,000.00 6.00 $1,200.00 5.50 $1,100.00
4123
Joint Utility Trench
10.A.a
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Willis St. & 4th Ave. S. Roundabout
Bid Opening: August 27, 2019, 2019, 11:00 AM Rodarte Construction, Inc. SCI Infrastructure, LLC Northwest Cascade, Inc. Reed Trucking & Excavating, Inc.
17 East Valley Highway E. 2821 S. 154th St. PO Box 73399 2207 Inter Ave., Suite A
Auburn, WA 98092 Seattle, WA 98188 Puyallup, WA 98373 Puyallup, WA 98372
TOTAL $544,232.98 $568,312.25 $594,049.50 $611,384.40
ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
4123
Joint Utility Trench
3050 Supply & Install 2" Diameter Sch 80 PVC Conduit 1,510 LF 8.00 $12,080.00 7.50 $11,325.00 9.00 $13,590.00 9.00 $13,590.00
3055 Permeable Ballast for Vaults 40 TON 25.00 $1,000.00 42.00 $1,680.00 41.00 $1,640.00 50.00 $2,000.00
3065 Junction Box Type 8 3 EA 2,000.00 $6,000.00 2,750.00 $8,250.00 1,990.00 $5,970.00 3,000.00 $9,000.00
3070 Geotextile Fabric, Non-Woven 30 SY 10.00 $300.00 10.00 $300.00 35.00 $1,050.00 10.00 $300.00
3155 Shoring or Extra Excavation Class B 4,900 SF 0.50 $2,450.00 2.00 $9,800.00 1.00 $4,900.00 1.00 $4,900.00
SUB TOTAL $203,397.50 $184,690.00 $183,430.00 $219,019.00
10% SALES TAX $20,339.75 $18,469.00 $18,343.00 $21,901.90
SCHEDULE III TOTAL $223,737.25 $203,159.00 $201,773.00 $240,920.90
SCHEDULE V: TRAFFIC CONTROL
5005 Traffic Control Labor 720 HR 55.00 $39,600.00 58.50 $42,120.00 60.00 $43,200.00 58.00 $41,760.00
5010 Construction Signs Class A 400 SF 22.00 $8,800.00 11.00 $4,400.00 1.25 $500.00 10.00 $4,000.00
5015 Traffic Control Supervisor 240 HR 55.00 $13,200.00 86.00 $20,640.00 75.00 $18,000.00 62.00 $14,880.00
5016 Uniformed Off-Duty Police Officer - Overtime or
Holiday
80 HR 90.00 $7,200.00 100.00 $8,000.00 325.00 $26,000.00 100.00 $8,000.00
5020 Temporary Traffic Control Devices 1 LS 2,500.00 $2,500.00 2,500.00 $2,500.00 600.00 $600.00 10,000.00 $10,000.00
5030 Portable Changeable Message Sign (PCMS) 75 DAY 110.00 $8,250.00 100.00 $7,500.00 95.00 $7,125.00 100.00 $7,500.00
5035 Sequential Arrow Sign (SAS) 40 DAY 25.00 $1,000.00 90.00 $3,600.00 11.50 $460.00 70.00 $2,800.00
5080 Temporary Pavement Marking - Short Duration 200 LF 4.00 $800.00 1.00 $200.00 5.50 $1,100.00 10.00 $2,000.00
5115 Plastic Stop Line 60 LF 22.00 $1,320.00 25.00 $1,500.00 30.00 $1,800.00 25.00 $1,500.00
5120 Plastic Crosswalk Line 130 SF 14.00 $1,820.00 27.50 $3,575.00 30.00 $3,900.00 30.00 $3,900.00
5145 Raised Pavement Marker Type 1 0.6 HUND 550.00 $330.00 1,550.00 $930.00 1,025.00 $615.00 1,700.00 $1,020.00
5150 Raised Pavement Marker Type 2 0.2 HUND 1,100.00 $220.00 1,550.00 $310.00 2,350.00 $470.00 1,700.00 $340.00
SUB TOTAL $85,040.00 $95,275.00 $103,770.00 $97,700.00
10% SALES TAX $8,504.00 $9,527.50 $10,377.00 $9,770.00
SCHEDULE V TOTAL $93,544.00 $104,802.50 $114,147.00 $107,470.00
SCHEDULE VI: ELECTRICAL
6000 Service Cabinet 1 LS 10,500.00 $10,500.00 12,500.00 $12,500.00 12,250.00 $12,250.00 14,000.00 $14,000.00
SUB TOTAL $10,500.00 $12,500.00 $12,250.00 $14,000.00
10% SALES TAX $1,050.00 $1,250.00 $1,225.00 $1,400.00
SCHEDULE VI TOTAL $11,550.00 $13,750.00 $13,475.00 $15,400.00
10.A.a
Packet Pg. 189
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Willis St. & 4th Ave. S. Roundabout
Bid Opening: August 27, 2019, 2019, 11:00 AM Rodarte Construction, Inc. SCI Infrastructure, LLC Northwest Cascade, Inc. Reed Trucking & Excavating, Inc.
17 East Valley Highway E. 2821 S. 154th St. PO Box 73399 2207 Inter Ave., Suite A
Auburn, WA 98092 Seattle, WA 98188 Puyallup, WA 98373 Puyallup, WA 98372
TOTAL $544,232.98 $568,312.25 $594,049.50 $611,384.40
ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
4123
Joint Utility Trench
SCHEDULE VII: TEMPORARY EROSION & SEDIMENTATION CONTROL
7000 Seeding, Fertilizing, & Mulching 0.1 AC 7,000.00 $700.00 15,500.00 $1,550.00 14,000.00 $1,400.00 5,000.00 $500.00
7010 Wattle 100 LF 5.50 $550.00 5.00 $500.00 4.00 $400.00 5.00 $500.00
7015 Inlet Protection 11 EA 60.00 $660.00 85.00 $935.00 55.00 $605.00 100.00 $1,100.00
7055 Erosion/Water Pollution Control 1 FA 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00
7070 Street Cleaning 30 HR 180.00 $5,400.00 175.00 $5,250.00 210.00 $6,300.00 150.00 $4,500.00
SUB TOTAL $12,310.00 $13,235.00 $13,705.00 $11,600.00
10% SALES TAX $1,231.00 $1,323.50 $1,370.50 $1,160.00
SCHEDULE VII TOTAL $13,541.00 $14,558.50 $15,075.50 $12,760.00
SCHEDULE VIII: ROADSIDE RESTORATION
8005 Topsoil Type A 70 CY 45.00 $3,150.00 50.00 $3,500.00 75.00 $5,250.00 100.00 $7,000.00
8010 Sod Installation 200 SY 16.00 $3,200.00 16.00 $3,200.00 30.00 $6,000.00 15.00 $3,000.00
SUB TOTAL $6,350.00 $6,700.00 $11,250.00 $10,000.00
10% SALES TAX $635.00 $670.00 $1,125.00 $1,000.00
SCHEDULE VIII TOTAL $6,985.00 $7,370.00 $12,375.00 $11,000.00
SUMMARY:
SCHEDULE I TOTAL $194,875.73 $224,672.25 $237,204.00 $223,833.50
SCHEDULE III TOTAL $223,737.25 $203,159.00 $201,773.00 $240,920.90
SCHEDULE V TOTAL $93,544.00 $104,802.50 $114,147.00 $107,470.00
SCHEDULE VI TOTAL $11,550.00 $13,750.00 $13,475.00 $15,400.00
SCHEDULE VII TOTAL $13,541.00 $14,558.50 $15,075.50 $12,760.00
SCHEDULE VIII TOTAL $6,985.00 $7,370.00 $12,375.00 $11,000.00
CONSTRUCTION CONTRACT TOTAL $544,232.98 $568,312.25 $594,049.50 $611,384.40
10.A.a
Packet Pg. 190
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Willis St. & 4th Ave. S. Roundabout
Bid Opening: August 27, 2019, 2019, 11:00 AM
TOTAL
ITEM DESCRIPTION QTY UNIT
NO.
SCHEDULE I: STREET
1000 Mobilization 1 LS
1005 Clearing & Grubbing 1 LS
1008 SPCC Plan 1 LS
1010 Remove Existing Asphalt Concrete Pavement 775 SY
1015 Remove Existing Cement Concrete Pavement 300 SY
1020 Remove Cement Concrete Sidewalk 10 SY
1025 Remove Cement Concrete Curb & Gutter 20 LF
1050 Saw Cut Existing Asphalt Concrete Pavement 2,820 LF
1055 Saw Cut Existing Cement Concrete Pavement 1,275 LF
1060 Roadway Excavation Incl. Haul 600 CY
1065 Unsuitable Foundation Excavation Incl. Haul 60 CY
1070 Foundation Material, Class I & II 20 TON
1095 HMA Class 1/2", PG 58V-22 220 TON
1100 Hot Plant Mix for Temporary Pavement Patch 60 TON
1145 Cement Concrete Sidewalk 10 SY
1205 Cement Concrete Curb & Gutter 20 LF
1315 Pothole Utilities 10 EA
1355 Minor Changes 1 CALC
SUB TOTAL
10% SALES TAX
SCHEDULE I TOTAL
SCHEDULE III: JOINT UTIITY TRENCH
3010 Joint Utility Trench (3 Ft. Wide) 800 LF
3014 Joint Utility Trench (2 Ft. Wide) 700 LF
3027 PSE - Vault Excavation & Installation (SW1) 1 EA
3028 PSE - Vault Excavation & Installation (J01, J02) 2 EA
3029 PSE - Vault Excavation & Installation (H01, H02, H03) 3 EA
3030 PSE - Vault Excavation & Installation (V02) 1 EA
3035 Comcast - Vault Excavation & Installation 1 EA
3036 Sand for Conduit Bedding 460 TON
3037 Fluidized Thermal Backfill 100 CY
3038 Crushed Surfacing Top Course, 5/8" Minus 950 TON
3040 PSE - Installation & Proofing of 6" Diameter Conduit 2,350 LF
3041 PSE - Installation & Proofing of 4" Diameter Conduit 2,500 LF
3042 PSE - Installation & Proofing of 3" Diameter Conduit 540 LF
3043 PSE - Installation & Proofing of 2" Diameter Conduit 410 LF
3045 Comcast - Installation & Proofing of 4" Diameter
Conduit
900 LF
3046 Comcast - Installation & Proofing of 2" Diameter
Conduit
200 LF
Joint Utility Trench
Road Construction Northwest, Inc. KC Equipment LLC Scarsella Bros., Inc. MidMountain Contractors Inc.
PO Box 2228 2410 Boyer Ave. E. #3 PO Box 68697 PO Box 2909
Renton, WA 98056 Seattle, WA 98112 Seattle, WA 98168-0697 Kirkland, WA 98083-2909
$641,894.11 $660,852.50 $677,636.96 $768,370.90
UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
56,300.00 $56,300.00 50,000.00 $50,000.00 76,000.00 $76,000.00 64,000.00 $64,000.00
5,000.00 $5,000.00 5,000.00 $5,000.00 500.00 $500.00 1,400.00 $1,400.00
1,500.00 $1,500.00 2,500.00 $2,500.00 2,500.00 $2,500.00 500.00 $500.00
20.00 $15,500.00 25.00 $19,375.00 15.00 $11,625.00 5.00 $3,875.00
31.00 $9,300.00 30.00 $9,000.00 20.00 $6,000.00 10.00 $3,000.00
20.00 $200.00 25.00 $250.00 20.00 $200.00 40.00 $400.00
20.00 $400.00 20.00 $400.00 20.00 $400.00 20.00 $400.00
3.25 $9,165.00 6.00 $16,920.00 5.00 $14,100.00 4.00 $11,280.00
5.00 $6,375.00 10.00 $12,750.00 10.00 $12,750.00 8.00 $10,200.00
5.00 $3,000.00 30.00 $18,000.00 0.01 $6.00 0.01 $6.00
35.00 $2,100.00 50.00 $3,000.00 0.01 $0.60 70.00 $4,200.00
50.00 $1,000.00 75.00 $1,500.00 75.00 $1,500.00 75.00 $1,500.00
275.00 $60,500.00 250.00 $55,000.00 280.00 $61,600.00 220.00 $48,400.00
100.00 $6,000.00 250.00 $15,000.00 200.00 $12,000.00 0.10 $6.00
125.00 $1,250.00 250.00 $2,500.00 150.00 $1,500.00 155.00 $1,550.00
100.00 $2,000.00 100.00 $2,000.00 75.00 $1,500.00 115.00 $2,300.00
850.00 $8,500.00 1,500.00 $15,000.00 1,000.00 $10,000.00 1,100.00 $11,000.00
20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00
$208,090.00 $248,195.00 $232,181.60 $184,017.00
$20,809.00 $24,819.50 $23,218.16 $18,401.70
$228,899.00 $273,014.50 $255,399.76 $202,418.70
93.00 $74,400.00 25.00 $20,000.00 56.60 $45,280.00 165.00 $132,000.00
82.00 $57,400.00 25.00 $17,500.00 54.65 $38,255.00 95.00 $66,500.00
4,700.00 $4,700.00 5,000.00 $5,000.00 7,000.00 $7,000.00 17,000.00 $17,000.00
3,000.00 $6,000.00 4,000.00 $8,000.00 3,500.00 $7,000.00 5,000.00 $10,000.00
525.00 $1,575.00 2,500.00 $7,500.00 1,500.00 $4,500.00 2,100.00 $6,300.00
1,500.00 $1,500.00 2,500.00 $2,500.00 1,500.00 $1,500.00 3,000.00 $3,000.00
1,100.00 $1,100.00 1,000.00 $1,000.00 1,500.00 $1,500.00 3,000.00 $3,000.00
20.00 $9,200.00 45.00 $20,700.00 35.00 $16,100.00 35.00 $16,100.00
144.00 $14,400.00 200.00 $20,000.00 250.00 $25,000.00 190.00 $19,000.00
8.00 $7,600.00 25.00 $23,750.00 35.00 $33,250.00 40.00 $38,000.00
5.00 $11,750.00 5.00 $11,750.00 7.00 $16,450.00 10.00 $23,500.00
4.25 $10,625.00 5.00 $12,500.00 5.50 $13,750.00 8.00 $20,000.00
4.00 $2,160.00 4.00 $2,160.00 4.00 $2,160.00 6.00 $3,240.00
3.75 $1,537.50 3.00 $1,230.00 3.00 $1,230.00 6.00 $2,460.00
4.25 $3,825.00 5.00 $4,500.00 5.50 $4,950.00 10.00 $9,000.00
3.75 $750.00 3.00 $600.00 3.00 $600.00 10.00 $2,000.00
5678
10.A.a
Packet Pg. 191
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Willis St. & 4th Ave. S. Roundabout
Bid Opening: August 27, 2019, 2019, 11:00 AM
TOTAL
ITEM DESCRIPTION QTY UNIT
NO.
Joint Utility Trench
3050 Supply & Install 2" Diameter Sch 80 PVC Conduit 1,510 LF
3055 Permeable Ballast for Vaults 40 TON
3065 Junction Box Type 8 3 EA
3070 Geotextile Fabric, Non-Woven 30 SY
3155 Shoring or Extra Excavation Class B 4,900 SF
SUB TOTAL
10% SALES TAX
SCHEDULE III TOTAL
SCHEDULE V: TRAFFIC CONTROL
5005 Traffic Control Labor 720 HR
5010 Construction Signs Class A 400 SF
5015 Traffic Control Supervisor 240 HR
5016 Uniformed Off-Duty Police Officer - Overtime or
Holiday
80 HR
5020 Temporary Traffic Control Devices 1 LS
5030 Portable Changeable Message Sign (PCMS) 75 DAY
5035 Sequential Arrow Sign (SAS) 40 DAY
5080 Temporary Pavement Marking - Short Duration 200 LF
5115 Plastic Stop Line 60 LF
5120 Plastic Crosswalk Line 130 SF
5145 Raised Pavement Marker Type 1 0.6 HUND
5150 Raised Pavement Marker Type 2 0.2 HUND
SUB TOTAL
10% SALES TAX
SCHEDULE V TOTAL
SCHEDULE VI: ELECTRICAL
6000 Service Cabinet 1 LS
SUB TOTAL
10% SALES TAX
SCHEDULE VI TOTAL
Road Construction Northwest, Inc. KC Equipment LLC Scarsella Bros., Inc. MidMountain Contractors Inc.
PO Box 2228 2410 Boyer Ave. E. #3 PO Box 68697 PO Box 2909
Renton, WA 98056 Seattle, WA 98112 Seattle, WA 98168-0697 Kirkland, WA 98083-2909
$641,894.11 $660,852.50 $677,636.96 $768,370.90
UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
5678
6.75 $10,192.50 5.00 $7,550.00 7.00 $10,570.00 11.00 $16,610.00
45.00 $1,800.00 40.00 $1,600.00 80.00 $3,200.00 55.00 $2,200.00
3,800.00 $11,400.00 1,500.00 $4,500.00 1,800.00 $5,400.00 3,400.00 $10,200.00
5.00 $150.00 15.00 $450.00 20.00 $600.00 4.00 $120.00
0.50 $2,450.00 1.00 $4,900.00 0.25 $1,225.00 1.00 $4,900.00
$234,515.00 $177,690.00 $239,520.00 $405,130.00
$23,451.50 $17,769.00 $23,952.00 $40,513.00
$257,966.50 $195,459.00 $263,472.00 $445,643.00
61.00 $43,920.00 100.00 $72,000.00 71.60 $51,552.00 0.10 $72.00
25.00 $10,000.00 10.00 $4,000.00 20.00 $8,000.00 21.00 $8,400.00
65.00 $15,600.00 100.00 $24,000.00 83.25 $19,980.00 90.00 $21,600.00
150.00 $12,000.00 200.00 $16,000.00 90.00 $7,200.00 130.00 $10,400.00
8,000.00 $8,000.00 5,000.00 $5,000.00 15,000.00 $15,000.00 6,500.00 $6,500.00
120.00 $9,000.00 110.00 $8,250.00 75.00 $5,625.00 100.00 $7,500.00
70.00 $2,800.00 80.00 $3,200.00 30.00 $1,200.00 150.00 $6,000.00
3.25 $650.00 5.00 $1,000.00 5.00 $1,000.00 6.25 $1,250.00
27.00 $1,620.00 26.00 $1,560.00 25.00 $1,500.00 32.00 $1,920.00
27.00 $3,510.00 26.00 $3,380.00 25.00 $3,250.00 32.00 $4,160.00
900.00 $540.00 525.00 $315.00 850.00 $510.00 1,100.00 $660.00
2,100.00 $420.00 425.00 $85.00 1,950.00 $390.00 1,100.00 $220.00
$108,060.00 $138,790.00 $115,207.00 $68,682.00
$10,806.00 $13,879.00 $11,520.70 $6,868.20
$118,866.00 $152,669.00 $126,727.70 $75,550.20
12,500.00 $12,500.00 15,000.00 $15,000.00 9,000.00 $9,000.00 21,500.00 $21,500.00
$12,500.00 $15,000.00 $9,000.00 $21,500.00
$1,250.00 $1,500.00 $900.00 $2,150.00
$13,750.00 $16,500.00 $9,900.00 $23,650.00
10.A.a
Packet Pg. 192
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Willis St. & 4th Ave. S. Roundabout
Bid Opening: August 27, 2019, 2019, 11:00 AM
TOTAL
ITEM DESCRIPTION QTY UNIT
NO.
Joint Utility Trench
SCHEDULE VII: TEMPORARY EROSION & SEDIMENTATION CONTROL
7000 Seeding, Fertilizing, & Mulching 0.1 AC
7010 Wattle 100 LF
7015 Inlet Protection 11 EA
7055 Erosion/Water Pollution Control 1 FA
7070 Street Cleaning 30 HR
SUB TOTAL
10% SALES TAX
SCHEDULE VII TOTAL
SCHEDULE VIII: ROADSIDE RESTORATION
8005 Topsoil Type A 70 CY
8010 Sod Installation 200 SY
SUB TOTAL
10% SALES TAX
SCHEDULE VIII TOTAL
SUMMARY:
SCHEDULE I TOTAL
SCHEDULE III TOTAL
SCHEDULE V TOTAL
SCHEDULE VI TOTAL
SCHEDULE VII TOTAL
SCHEDULE VIII TOTAL
CONSTRUCTION CONTRACT TOTAL
Road Construction Northwest, Inc. KC Equipment LLC Scarsella Bros., Inc. MidMountain Contractors Inc.
PO Box 2228 2410 Boyer Ave. E. #3 PO Box 68697 PO Box 2909
Renton, WA 98056 Seattle, WA 98112 Seattle, WA 98168-0697 Kirkland, WA 98083-2909
$641,894.11 $660,852.50 $677,636.96 $768,370.90
UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
5678
15,000.00 $1,500.00 10,000.00 $1,000.00 15,000.00 $1,500.00 12,500.00 $1,250.00
5.25 $525.00 15.00 $1,500.00 5.00 $500.00 8.50 $850.00
90.00 $990.00 100.00 $1,100.00 125.00 $1,375.00 140.00 $1,540.00
5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00
171.67 $5,150.10 175.00 $5,250.00 150.00 $4,500.00 160.00 $4,800.00
$13,165.10 $13,850.00 $12,875.00 $13,440.00
$1,316.51 $1,385.00 $1,287.50 $1,344.00
$14,481.61 $15,235.00 $14,162.50 $14,784.00
68.00 $4,760.00 75.00 $5,250.00 75.00 $5,250.00 45.00 $3,150.00
12.25 $2,450.00 10.00 $2,000.00 10.00 $2,000.00 13.00 $2,600.00
$7,210.00 $7,250.00 $7,250.00 $5,750.00
$721.00 $725.00 $725.00 $575.00
$7,931.00 $7,975.00 $7,975.00 $6,325.00
$228,899.00 $273,014.50 $255,399.76 $202,418.70
$257,966.50 $195,459.00 $263,472.00 $445,643.00
$118,866.00 $152,669.00 $126,727.70 $75,550.20
$13,750.00 $16,500.00 $9,900.00 $23,650.00
$14,481.61 $15,235.00 $14,162.50 $14,784.00
$7,931.00 $7,975.00 $7,975.00 $6,325.00
$641,894.11 $660,852.50 $677,636.96 $768,370.90
10.A.a
Packet Pg. 193
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Willis St. & 4th Ave. S. Roundabout
Bid Opening: August 27, 2019, 2019, 11:00 AM
TOTAL
ITEM DESCRIPTION QTY UNIT
NO.
SCHEDULE I: STREET
1000 Mobilization 1 LS
1005 Clearing & Grubbing 1 LS
1008 SPCC Plan 1 LS
1010 Remove Existing Asphalt Concrete Pavement 775 SY
1015 Remove Existing Cement Concrete Pavement 300 SY
1020 Remove Cement Concrete Sidewalk 10 SY
1025 Remove Cement Concrete Curb & Gutter 20 LF
1050 Saw Cut Existing Asphalt Concrete Pavement 2,820 LF
1055 Saw Cut Existing Cement Concrete Pavement 1,275 LF
1060 Roadway Excavation Incl. Haul 600 CY
1065 Unsuitable Foundation Excavation Incl. Haul 60 CY
1070 Foundation Material, Class I & II 20 TON
1095 HMA Class 1/2", PG 58V-22 220 TON
1100 Hot Plant Mix for Temporary Pavement Patch 60 TON
1145 Cement Concrete Sidewalk 10 SY
1205 Cement Concrete Curb & Gutter 20 LF
1315 Pothole Utilities 10 EA
1355 Minor Changes 1 CALC
SUB TOTAL
10% SALES TAX
SCHEDULE I TOTAL
SCHEDULE III: JOINT UTIITY TRENCH
3010 Joint Utility Trench (3 Ft. Wide) 800 LF
3014 Joint Utility Trench (2 Ft. Wide) 700 LF
3027 PSE - Vault Excavation & Installation (SW1) 1 EA
3028 PSE - Vault Excavation & Installation (J01, J02) 2 EA
3029 PSE - Vault Excavation & Installation (H01, H02, H03) 3 EA
3030 PSE - Vault Excavation & Installation (V02) 1 EA
3035 Comcast - Vault Excavation & Installation 1 EA
3036 Sand for Conduit Bedding 460 TON
3037 Fluidized Thermal Backfill 100 CY
3038 Crushed Surfacing Top Course, 5/8" Minus 950 TON
3040 PSE - Installation & Proofing of 6" Diameter Conduit 2,350 LF
3041 PSE - Installation & Proofing of 4" Diameter Conduit 2,500 LF
3042 PSE - Installation & Proofing of 3" Diameter Conduit 540 LF
3043 PSE - Installation & Proofing of 2" Diameter Conduit 410 LF
3045 Comcast - Installation & Proofing of 4" Diameter
Conduit
900 LF
3046 Comcast - Installation & Proofing of 2" Diameter
Conduit
200 LF
Joint Utility Trench
Laser Underground & Earthworks Engineer's Estimate
20417 87th Ave. SE Thomas Leyrer
Snohomish, WA 98296
$928,246.00 $702,234.50
UNIT TOTAL UNIT TOTAL
PRICE AMOUNT PRICE AMOUNT
75,000.00 $75,000.00 45,000.00 $45,000.00
5,000.00 $5,000.00 2,500.00 $2,500.00
1,500.00 $1,500.00 1,000.00 $1,000.00
30.00 $23,250.00 30.00 $23,250.00
40.00 $12,000.00 30.00 $9,000.00
100.00 $1,000.00 60.00 $600.00
100.00 $2,000.00 30.00 $600.00
5.00 $14,100.00 4.50 $12,690.00
10.00 $12,750.00 6.00 $7,650.00
40.00 $24,000.00 80.00 $48,000.00
100.00 $6,000.00 100.00 $6,000.00
50.00 $1,000.00 50.00 $1,000.00
300.00 $66,000.00 175.00 $38,500.00
200.00 $12,000.00 250.00 $15,000.00
300.00 $3,000.00 95.00 $950.00
150.00 $3,000.00 70.00 $1,400.00
2,000.00 $20,000.00 500.00 $5,000.00
20,000.00 $20,000.00 20,000.00 $20,000.00
$301,600.00 $238,140.00
$30,160.00 $23,814.00
$331,760.00 $261,954.00
70.00 $56,000.00 70.00 $56,000.00
65.00 $45,500.00 55.00 $38,500.00
5,000.00 $5,000.00 7,000.00 $7,000.00
3,500.00 $7,000.00 4,000.00 $8,000.00
3,000.00 $9,000.00 3,000.00 $9,000.00
7,000.00 $7,000.00 3,000.00 $3,000.00
3,000.00 $3,000.00 2,500.00 $2,500.00
30.00 $13,800.00 25.00 $11,500.00
160.00 $16,000.00 225.00 $22,500.00
25.00 $23,750.00 35.00 $33,250.00
22.00 $51,700.00 7.00 $16,450.00
15.00 $37,500.00 5.50 $13,750.00
20.00 $10,800.00 5.00 $2,700.00
11.00 $4,510.00 5.00 $2,050.00
22.00 $19,800.00 5.50 $4,950.00
22.00 $4,400.00 5.00 $1,000.00
9
10.A.a
Packet Pg. 194
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Willis St. & 4th Ave. S. Roundabout
Bid Opening: August 27, 2019, 2019, 11:00 AM
TOTAL
ITEM DESCRIPTION QTY UNIT
NO.
Joint Utility Trench
3050 Supply & Install 2" Diameter Sch 80 PVC Conduit 1,510 LF
3055 Permeable Ballast for Vaults 40 TON
3065 Junction Box Type 8 3 EA
3070 Geotextile Fabric, Non-Woven 30 SY
3155 Shoring or Extra Excavation Class B 4,900 SF
SUB TOTAL
10% SALES TAX
SCHEDULE III TOTAL
SCHEDULE V: TRAFFIC CONTROL
5005 Traffic Control Labor 720 HR
5010 Construction Signs Class A 400 SF
5015 Traffic Control Supervisor 240 HR
5016 Uniformed Off-Duty Police Officer - Overtime or
Holiday
80 HR
5020 Temporary Traffic Control Devices 1 LS
5030 Portable Changeable Message Sign (PCMS) 75 DAY
5035 Sequential Arrow Sign (SAS) 40 DAY
5080 Temporary Pavement Marking - Short Duration 200 LF
5115 Plastic Stop Line 60 LF
5120 Plastic Crosswalk Line 130 SF
5145 Raised Pavement Marker Type 1 0.6 HUND
5150 Raised Pavement Marker Type 2 0.2 HUND
SUB TOTAL
10% SALES TAX
SCHEDULE V TOTAL
SCHEDULE VI: ELECTRICAL
6000 Service Cabinet 1 LS
SUB TOTAL
10% SALES TAX
SCHEDULE VI TOTAL
Laser Underground & Earthworks Engineer's Estimate
20417 87th Ave. SE Thomas Leyrer
Snohomish, WA 98296
$928,246.00 $702,234.50
UNIT TOTAL UNIT TOTAL
PRICE AMOUNT PRICE AMOUNT
9
10.00 $15,100.00 6.00 $9,060.00
55.00 $2,200.00 25.00 $1,000.00
3,000.00 $9,000.00 2,000.00 $6,000.00
20.00 $600.00 4.00 $120.00
1.00 $4,900.00 3.00 $14,700.00
$346,560.00 $263,030.00
$34,656.00 $26,303.00
$381,216.00 $289,333.00
80.00 $57,600.00 70.00 $50,400.00
20.00 $8,000.00 15.00 $6,000.00
10.00 $2,400.00 80.00 $19,200.00
110.00 $8,800.00 200.00 $16,000.00
15,000.00 $15,000.00 10,000.00 $10,000.00
200.00 $15,000.00 55.00 $4,125.00
200.00 $8,000.00 55.00 $2,200.00
25.00 $5,000.00 0.80 $160.00
40.00 $2,400.00 12.00 $720.00
50.00 $6,500.00 5.50 $715.00
3,000.00 $1,800.00 600.00 $360.00
3,000.00 $600.00 600.00 $120.00
$131,100.00 $110,000.00
$13,110.00 $11,000.00
$144,210.00 $121,000.00
32,000.00 $32,000.00 12,000.00 $12,000.00
$32,000.00 $12,000.00
$3,200.00 $1,200.00
$35,200.00 $13,200.00
10.A.a
Packet Pg. 195
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Willis St. & 4th Ave. S. Roundabout
Bid Opening: August 27, 2019, 2019, 11:00 AM
TOTAL
ITEM DESCRIPTION QTY UNIT
NO.
Joint Utility Trench
SCHEDULE VII: TEMPORARY EROSION & SEDIMENTATION CONTROL
7000 Seeding, Fertilizing, & Mulching 0.1 AC
7010 Wattle 100 LF
7015 Inlet Protection 11 EA
7055 Erosion/Water Pollution Control 1 FA
7070 Street Cleaning 30 HR
SUB TOTAL
10% SALES TAX
SCHEDULE VII TOTAL
SCHEDULE VIII: ROADSIDE RESTORATION
8005 Topsoil Type A 70 CY
8010 Sod Installation 200 SY
SUB TOTAL
10% SALES TAX
SCHEDULE VIII TOTAL
SUMMARY:
SCHEDULE I TOTAL
SCHEDULE III TOTAL
SCHEDULE V TOTAL
SCHEDULE VI TOTAL
SCHEDULE VII TOTAL
SCHEDULE VIII TOTAL
CONSTRUCTION CONTRACT TOTAL
Laser Underground & Earthworks Engineer's Estimate
20417 87th Ave. SE Thomas Leyrer
Snohomish, WA 98296
$928,246.00 $702,234.50
UNIT TOTAL UNIT TOTAL
PRICE AMOUNT PRICE AMOUNT
9
15,000.00 $1,500.00 2,500.00 $250.00
20.00 $2,000.00 5.00 $500.00
100.00 $1,100.00 125.00 $1,375.00
5,000.00 $5,000.00 5,000.00 $5,000.00
200.00 $6,000.00 100.00 $3,000.00
$15,600.00 $10,125.00
$1,560.00 $1,012.50
$17,160.00 $11,137.50
200.00 $14,000.00 50.00 $3,500.00
15.00 $3,000.00 8.00 $1,600.00
$17,000.00 $5,100.00
$1,700.00 $510.00
$18,700.00 $5,610.00
$331,760.00 $261,954.00
$381,216.00 $289,333.00
$144,210.00 $121,000.00
$35,200.00 $13,200.00
$17,160.00 $11,137.50
$18,700.00 $5,610.00
$928,246.00 $702,234.50
10.A.a
Packet Pg. 196
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