HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 9/19/2017adccW15902
CITY OF KENT
Council MeetingAgenda
Mayor Suzette Cooke
Council President Bill Boyce
Councilmembers
Jim Berrios Tina Budell
Brenda Fincher Dennis Higgins
Dana Ralph Les Thomas
September 19, 2017
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KENT CITY COUNCIL AGENDAS
September 19, 2017
Council Chambers
Mayor Suzette Cooke
Council President Bill Boyce
Councilmember Jim Berrios Councilmember Tina Budell
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Dana Ralph Councilmember Les Thomas
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WORKSHOP AGENDA
5 p.m.
Subject Speaker Time
Human Services Home Repair Presentation Merina Hanson 30 min
Puget Sound Gateway Update (SR167/SR509) Craig Stone 60 min
Omar Jepperson
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
B. Presentation from Vicki Lee Schmitz – Robert “Bob” E. Lee
C. Recognition of Heroism – Lake Meridian Life Guards
D. Proclamation for Diaper Need Awareness Week
E. Proclamation for National Public Lands Day at Riverview Park
F. Recognition of Millbrook Heights Neighborhood Council
G. Appointment to Kent Parks and Recreation Commission
H. Community Events
I. Public Safety Update
J. Intergovernmental Reports
5. PUBLIC HEARING
A. 2018 Mid-Biennium Budget Adjustment – First Public Hearing
B. 2018-2023 Capital Improvement Plan – First Public Hearing
6. PUBLIC COMMENT - 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.
7. CONSENT CALENDAR
A. Minutes of September 5, 2017, Workshop and Council Meetings –
Approve
B. Payment of Bills – Approve
C. Kent Highlands Property Surplus - Resolution – Adopt
D. Non-Represented Salary Survey Results – Authorize
E. Resolution Recognizing Millbrook Heights Neighborhood Council – Adopt
F. Final Plat Procedures - Ordinance – Adopt
G. South 224th Airspace Lease – Authorize
H. 2017 Asphalt Grinding – Accept as Complete
I. 2018-2020 Target Zero Manager Funding Agreement – Authorize
J. Appoint Emily Grupp to the Kent Parks and Recreation Commission
K. Telecommunications Franchise with MCIMetro Access d/b/a Verizon
Access Transmission Services – Introduce
8. OTHER BUSINESS
9. BIDS
A. Briscoe-Desimone Levee Improvements Reach 2 and 3 Mitigation Planting
Project – Award
B. Cambridge Reservoir Recoating and Fall Protection Improvements Project
– Award
10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
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 at 1-800-833-6388.
COUNCIL WORKSHOP
A) Human Services Home Repair Presentation, Merina Hanson
B) Puget Sound Gateway Update (SR167/SR509), Craig Stone/Omar
Jepperson
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AGENDA APPROVAL
Changes from Council, Administration, or Staff
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PUBLIC COMMUNICATIONS
A) Public Recognition
B) Presentation from Vicki Lee Schmitz – Robert “Bob” E. Lee
C) Recognition of Heroism – Lake Meridian Life Guards
D) Proclamation for Diaper Need Awareness Week
E) Proclamation for National Public Lands Day at Riverview Park
F) Recognition of Millbrook Heights Neighborhood Council
G) Appointment to Kent Parks and Recreation Commission
H) Community Events
I) Public Safety Update
J) Intergovernmental Reports
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PROCLAMATTON
Whereas,Diaper Need, the condition of not having a sufficient supply of
clean diapers to ensure that infants and toddlers are clean,
healthy and dry, can adversely affect the health and welfare of
infants, toddlers and their families; and
Whereas,national surveys report that one-in-three mothers experience
diaper need at some time while their children are less than three
years of age and forty-eight percent of families delay changing a
diaper to extend their supply; the average infant or toddler
requires an average of 50 diaper changes per week; and
Whereas,diapers cannot be bought with food stamps or WIC vouchers,
and a monthly supply of diapers can cost as much as six percent
of a full-time minimum wage worker's salary; and
Whereas, a supply of diapers is generally an eligibility requirement for
infant and toddlers to pafticipate in childcare programs and
quality early education programs; and
Whereas,Kent is proud to be home to various community organizations
that recognize the importance of diapers in helping provide
economic stability for families and dístribute diapers to poor
families through various channels.
NOW, Therefore, I, Suzette Cooke, Mayor of the city of Kent, do hereby
proclaim the week of September 25 through October L,2Ot7 as
DTAPER NEED AWARE'VESS WEEK
in the city of Kent and encourage all citizens to donate generously to diaper
banks, diaper drives, and those organizations that distribute diapers to
families in need to help alleviate diaper need in Kent.
Signed this 19th day of September,2OLT.
KENT
WASHINGToN
Cooke
PROCIAMATION
WHEREAS, one-third of America's lands are in public hands; and
WHEREAS, National Public Lands Day began in 1994 to keep the promise of the
Civilian Conservation Corps, the three million Americans that worked
from 1933 -42 to preserve and protect America's natural heritage; and
WHEREAg in 2OL3, 175,000 volunteers worked at 2,237 sites in every state, the
District of Columbia and in many U.S. territories, making it the biggest
National Public Lands Day in the history of the event; and
WHEREAS, Kent has proudly participated in this event since 2007; and
WHEREAS, Kent Parks, Recreation and Community Services Depaftment is
dedicated to enriching lives by providing safe and inviting parks, open
spaces and facilities; and
WHEREAS, connecting with others and working together through volunteer service
unite the diverse groups in our community to undertake and complete
a successful project; and
WHEREAS, the City of Kent and volunteers in the Kent community can once again
join together on the last Saturday in September for a common goal to
improve facilities in Kent and keep the toll of invasive species from. rising;
NOW THEREFORE; l, Suzette Cooke, Mayor of the city of Kent, do hereby
proclaim September 30,20L7 as
National Public Lands Day at Riverview Park
in the city of Kent, Washington, and I encourage all citizens to join
recognizing that every citizen can play a role in the stewardship
environment.
me in
of our
In witness whereof, I have hereunto set my hand and caused the seal of Kent to be
affixed this 19th day of September,20L7.
KENT
WASHTNGToN
Coeke, Mayor
Agenda Item: Public Hearing – 5A_
TO: City Council
DATE: September 19, 2017
SUBJECT: 2018 Mid-Biennium Budget Adjustment – First Public Hearing
SUMMARY: This is the first public hearing on the 2018 Mid-Biennium Budget
Adjustment at the regular City Council meeting. Public input is welcome as the City
begins to prepare the 2018 Mid-Biennium Budget Adjustment.
EXHIBITS: None
RECOMMENDED BY: Finance Director
BUDGET IMPACTS: N/A
MOTION: Public hearing only - No action required.
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Agenda Item: Public Hearing – 5B_
TO: City Council
DATE: September 19, 2017
SUBJECT: 2018-2023 Capital Improvement Plan – First Public Hearing
SUMMARY: This is the first public hearing for the 2018-2023 Capital Improvement
Plan. The Capital Improvement Plan is incorporated into the Capital Facilities Element
of the Kent Comprehensive Plan. Public input is welcome as the City begins to
prepare the 2018-2023 Capital Improvement Plan.
EXHIBITS: None
RECOMMENDED BY: Finance Director
BUDGET IMPACTS: N/A
MOTION: Public hearing only – No action required.
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PUBLIC COMMENT
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Agenda Item: Consent Calendar 7A_
CONSENT CALENDAR
7. City Council Action:
Councilmember ________ moves,
Councilmember ________ seconds
to approve Consent Calendar Items A through K.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the council workshop and meeting of September 5,
2017.
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Kent City Council Workshop September 5, 2017
Minutes Kent, Washington
Pending Approval
Page 1 of 3
Date: September 5, 2017
Time: 5 p.m.
Place: Council Chambers East/West
Attending: Bill Boyce, Council President
Jim Berrios, Councilmember
Brenda Fincher, Councilmember
Dennis Higgins, Councilmember
Dana Ralph, Councilmember
Council President Boyce opened the meeting at 5:03 p.m.
Agenda:
1. Naden Avenue Assembly Update:
Kurt Hanson, Deputy Director of the Economic and Community Development
Department provided a recap of activities regarding the Naden Avenue Assembly,
including: completion of the purchase of the Ball property, Willis Street right-in,
right-out approval, and channelization plan, title report review, stormwater
conveyance/capacity analysis, u-turn and/or roundabout consideration, and Puget
Sound Energy contract for lot in path of proposed access from SR 516.
Kurt provided information regarding the status of the neighboring Brutsche property
and the refurbishing of the blighted interurban trail. Kurt indicated that both the
Hilton and Marriott are interested in the Naden property.
Kurt advised that the Request for Interest is drafted and provides for the City to
study/compare between developers. A review committee is being assembled and
will be responsible for providing recommendations for council consideration.
2. Riverbend Sustainable Business Plan:
Parks Director, Julie Parascondola, Parks, Recreation and Community Services
Director, along with Pete Peterson, Golf Operations Superintendent and Leon
Younger with PROS consulting presented information regarding the Riverbend
sustainable business plan.
The process included looking at the market conditions, operations, and performing
a financial assessment. The final piece includes an action plan and next steps.
The Market Analysis included a review of Riverbend customer base, including golfer
statistics, number of golf playable days, days of rain, average golf playable days by
month, comparisons of 3-year average number of golf rounds played annually, net
green fee revenues, number of members, internal services fees, to surrounding golf
courses.
Kent City Council Workshop September 5, 2017
Minutes Kent, Washington
Pending Approval
Page 2 of 3
The Community Input included an online survey seeking input regarding the gender
of golfers, the number of rounds played annually, importance of food and beverage
service, ability to make online tee times. The top improvements included food and
beverage service, on-course restrooms, and place of play.
A review of operations included information on program lifecycle, cost recovery
goals, program strengths, weaknesses, opportunities, and threats. A review of the
organizations structure was performed and adjustments to staffing are
recommended to reduce golf course costs.
The financial assessment included a review of revenue and expenditures, including
trends, the utilization of rounds and cost recovery. The financial assessment
summary indicated that the Riverbend Golf Complex should continue the programs
and special events, consideration to increase retail inventory turnover, the
proposed capital program, reduction of internal charges, consider moving golf
course from enterprise fund to special revenue fund, operations costs and revenue
need to be broken down by cost center.
Capital improvements recommendations for re-positioning the golf course for the
next 20 years. Money for capital expenditures will be derived from the sale of the
par 3 golf course and will be paid out in a phase one-dollar amount of $2.8 million
dollars and a phase two- dollar amount of 2.7 million dollars.
Leon detailed the Pro Forma assumptions, revenues and expenditures.
The Action Plan includes:
Goal 1: Re-invest in the golf course, clubhouse and driving range from the proceeds
of the sale of the Par 3 golf course, improve the website, update equipment,
enhance pump, irrigation systems, on course restrooms, drainage areas, renovation
of 11 and 14 greens, bunkers and general maintenance.
Goal 2: Operate the golf course in a financially sustainable manner with no tax
dollar support.
Goal 3: Make financial enhancements to support the operational costs of the golf
course to achieve more than 100% of the cost to operations.
Leon reviewed key performance indicators that Riverbend will begin maintaining
beginning in January 2018, in addition to the future performance indicators that will
be phased in.
Kent City Council Workshop September 5, 2017
Minutes Kent, Washington
Pending Approval
Page 3 of 3
The next steps include: finalizing the 2018-2023 Riverbend Business Plan by
September 30, 2017, complete and implement staff reduction strategies no later
than November 30, 2017 implemented in January, 2018, begin implementing other
strategies via implementation plan, and begin recruitment for a new restaurant
concessionaire in the fall 2017. Pending items for consideration during 2019-2020
budget development will include transition to special revenue fund, retention of
admission tax in the golf fund and internal services overhead.
The meeting concluded at 6:24 p.m.
Kimberley A. Komoto
City Clerk
September 5, 2017
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Kent City Council Regular Meeting September 5, 2017
Minutes Kent, Washington
Pending Approval
Page 1 of 9
Date: September 5, 2017
Time: 7 p.m.
Place: Council Chambers East/West
Attending: Suzette Cooke, Mayor
Bill Boyce, Council President
Tina Budell, Councilmember
Jim Berrios, Councilmember
Brenda Fincher, Councilmember
Dennis Higgins, Councilmember
Dana Ralph, Councilmember
Les Thomas, Councilmember
Agenda:
1. Call to Order
The meeting was called to order at 7:02 p.m. with Mayor Cooke presiding.
2. Roll Call
Mayor Cooke – Present
Council President Boyce - Present
Tina Budell, Councilmember - Absent
Jim Berrios, Councilmember - Present
Brenda Fincher, Councilmember – Present
Dennis Higgins, Councilmember - Present
Dana Ralph, Councilmember - Present
Les Thomas, Councilmember - Absent
3. Changes to the Agenda
Chief Administrative Officer, Derek Matheson removed item 5B, Resolution for
Surplus of Morrill Meadows Park Property for YMCA Construction and Removal of
Certain Restricted Covenants, added an item 4.E.2, Proclamation for Chief Jim
Schneider Day, added items 7Q, an Excused Absence for Councilmember Tina
Budell, and an Excused Absence for Councilmember Les Thomas.
Councilmember Higgins moved to approve the agenda, as amended,
seconded by Council President Boyce. The motion passed with a vote of 5-
0.
4. Public Communications
A. Public Recognition:
None.
B. Proclamation for Jaleen Roberts Day:
Mayor Cooke presented Jaleen Roberts with the Proclamation for Jaleen Roberts
Day. Jaleen spoke and expressed that she enjoys showing people that anything is
possible.
Kent City Council Regular Meeting September 5, 2017
Minutes Kent, Washington
Pending Approval
Page 2 of 9
C. Proclamation for National Recovery Month:
Mayor Cooke presented the Proclamation for National Recovery Month to Susan
Olson, Kristlh Mauritsen, Beverly Miller, and Lisa Floyd from King County Behavior
Health supported Employment. All spoke and expressed their appreciation of the
proclamation.
D. Proclamation for Constitution Week:
Mayor Cooke presented Linda Hanson with the Proclamation for Constitution Week.
Linda spoke in appreciation of the proclamation. Daughters of the American
Revolution.
E. Proclamation for Mayors Day of Concern for the Hungry
Mayor Cooke read the Proclamation for the Mayors Day of Concern for the Hungry.
E.2 Proclamation for Chief Jim Schneider Day
Mayor Cooke read the Proclamation for Chief Jim Schneider Day.
Michelle Wilmot, Communications/Public Affairs Manager introduced Uriel Varela,
the City’s new Communications Coordinator. Uriel will be working with the
neighborhood program, the City’s youth coordinator, the Human Resource
Department, the Public Works Department on alternatives services, and assisting
the communications team.
Uriel expressed his excitement to start his work throughout the Kent community.
F. Community Events:
Council President Boyce provided details regarding upcoming events at the
ShoWare Center. Visit ShoWareCenter.com for additional details.
Councilmember Ralph invited the public to attend annual Spotlight Series events
that begin on October 6th. Events are coordinated through the Kent Arts
Commission and are held at both the Kent Meridian and Kentwood performing arts
centers. Visit KentArts.com for more information.
Councilmember Fincher invited the public to attend the Best of the Best Comedy
Jam at the ShoWare Center on September 9th @ 8p.m.
G. Economic and Community Development Update:
Ben Wolters, Economic and Community Development Director, presented
information on preparing the southern portion of the Naden property for marketing.
Ben indicated that the bid packet is prepared for the lighting project on the west
side of Meeker Street under Hwy 167. Construction should take place during
October/November of 2017. Over $20,000 in private contributions have been
received for the project.
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Ben provided information regarding a partnership with the Port of Seattle to submit
a grand application to support the AIAC expansion of services in South King County.
H. Intergovernmental Reports:
Council President Boyce serves on the Sound Cities Association Public Issues
Committee. No Report.
Councilmember Higgins, serves on the King County Regional Transit Committee. No
report.
Councilmember Berrios serves on the Puget Sound Regional Council Economic
Development Committee. The next meeting is scheduled for September 6th and the
agenda includes finalizing the Regional Strategic Plan.
Councilmember Ralph serves on the Transportation Policy Board. No report
Councilmember Ralph serves on the Law Safety and Justice Committee. No report
Councilmember Ralph serves on the South County Area Transportation Board. No
report
Councilmember Fincher serves on the Mental Illness and Drug Dependency Advisory
Council. The committee is trying to determine the best way to spend available
funds.
Councilmember Ralph serves on the King Conservation District Advisory Council. No
report. Councilmember Ralph indicated that Paradise Garden at the Hillside Church
will be planting on September 6, 2017.
5. Public Hearing
A. Six-Month Moratorium/Interim Official Control – Prohibiting
Community Health Engagement Locations (Safe Injection Sites)
Arthur “Pat” Fitzpatrick, Acting City Attorney, provided a brief introduction to the
public hearing process. Pat advised that ordinance establishing the moratorium
requires a public hearing. No action is anticipated tonight and there will be a staff
presentation and opportunity for the public to speak. The moratorium will expire in
six months unless there is a permanent code revision within the six month period
and another public hearing is required before the adoption of the code revisions. If
the moratorium is extended, another public hearing is required.
Mayor Cooke opened the public hearing.
Danielle Butsick, Long Range Planner with the City, presented information regarding
the alternative, permanent solutions that will ultimately be considered by the City
Council. The menu of options will be informed by public testimony and approaches
taken by neighboring jurisdictions.
Each alternative will undergo environmental and state review. Alternatives will be
presented to the Land Use and Planning Board for feedback. A 2nd public hearing for
public to comment on the alternatives will be held during a Land Use and Planning
Board meeting.
Alternatives will then be presented to the City Council through the Economic and
Community Development Committee. The council may adopt, modify, or reject the
alternatives.
Public speakers:
Kent City Council Regular Meeting September 5, 2017
Minutes Kent, Washington
Pending Approval
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Dave Mitchell, spoke regarding the Seattle Union Gospel Mission’s recovery
program. Mr. Mitchell spoke as a Kent resident in opposition to safe injection sites.
Mr. Mitchell urged the city council to promote prevention and support treatment
programs and to continue the moratorium on safe injection sites.
Christian Downs spoke in opposition to safe injection sites and asked for more
education around addiction rather than providing an enabling service.
Frank Boosman spoke in favor of safe injection sites. Frank indicated that there is
evidence, including peer reviews that prove that supervised injection facilities
improve public health, save money, and reduce undesirable consequences of drug
use without creating crime, without increasing drug use, and without attracting new
users. Frank offered to provide peer review studies to the council.
T.J. Peterson spoke in support of safe injection sites.
Patricia Sully, was a member of the King County Heroine and Opiate Addiction Task
Force, spoke regarding the task force’s recommendations that included
recommendations for prevention, treatment and expanding treatment options.
Supervised consumption spaces can help people be healthier and stay alive until
they are ready to take that next step. Ms. Sully indicated that research shows that
safe consumption sites work.
Leslie Potts spoke in support of safe consumption sites.
Richard McAdams spoke in opposition of safe injection sites.
Council President moved to close the public hearing, seconded by Councilmember
Ralph. The motion passed unanimously with a vote of 5-0.
6. Public Comment
Amanda Nelson expressed her concerns over the lack or maintenance and repair of
the Kent Meridian swimming pool. She asked for more splash parks and requested
that additional resources be dedicated to parks facilities.
Nathan Phillips from the YMCA indicated the volunteers are excited to return in a
few weeks to speak in support of the YMCA.
TJ Peterson expressed his concern for the homeless in Kent.
James Brown expressed his distrust in the SHAGG facility employees. He requested
someone sit down and talk to him.
Kathleen Roberts, Jaleen Roberts’s mother, expressed her appreciation for the City
of Kent parks programs. She requested a boys and girls club for kids, in addition to
mentoring programs.
Kent City Council Regular Meeting September 5, 2017
Minutes Kent, Washington
Pending Approval
Page 5 of 9
7. Consent Calendar
Council President Boyce moved to approve the Consent Calendar items A
through R seconded by Councilmember Ralph. The motion passed with a
unanimous vote of 5-0.
A. Minutes of Previous Meetings and Workshops – Approve
The minutes of the regular council meeting and workshop of August 15, 2017, were
approved.
B. Payment of Bills – Approve
Bills received through July 31, 2017 and paid on July 15 and July 31, 2017 after
auditing by the Operations Committee on August 15, 2017 were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
7/15/2017 Wire Transfers 7168 - 7181 $1,878,274.17
7/15/2017 Regular Checks 715670 - 715982 $3,645,752.76
7/15/2017 Payment + $45,720.02
Void Checks ($59.68)
7/15/2017 Use Tax Payable $6,587.69
$5,576,274.96
Approval of checks issued for payroll for July 1 through July 15 and paid on
July 20, 2017:
Date Check Numbers Amount
7/20/2017 Checks $0.00
Voids and Reissues
7/20/2017 Advices 390901 - 391797 $1,628,446.47
$1,628,446.47
Approval of checks issued for vouchers:
Date Check Numbers Amount
7/31/2017 Wire Transfers 7182 - 7195 $1,952,049.83
7/31/2017 Regular Checks 715983 - 716433 $4,678,424.84
7/31/2017 Payment + $107,501.03
Void Checks ($0.00)
7/31/2017 Use Tax Payable $1,149.47
$6,739,125.17
Approval of checks issued for payroll for July 16 through July 31 and paid on
August 4, 2017:
Date Check Numbers Amount
8/4/2017 Checks $0.00
Voids and Reissues
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Minutes Kent, Washington
Pending Approval
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8/4/2017 Advices 391798 - 392679 $1,626,569.82
$1,626,569.82
C. Kent Corrections Facility Program/Kent Police Department Fees
Resolution – Adopt
Resolution No.1946 was adopted, amending the fee schedule established for the
Kent Corrections Facility Programs and the fees for the Kent Police Department to
add an online traffic safety school option.
D. JDE Professional Services Agreements – Authorize
The Mayor was authorized to sign all necessary documents with Denovo Ventures
LLC that will allow the City to contract for professional services in support of JD
Edwards EnterpriseOne related projects support subject to approval of the final
terms and conditions by the Information Technology Director and the City Attorney
in an amount not to exceed $160,000 including applicable Washington State taxes.
E. Panther Lake Police Substation – Second Amendment to Lease
Agreement – Authorize
The Mayor was authorized to enter into a Second Amendment to the License
Agreement with PWRP – Kent LLC extending the term for the police substation in
the Panther Lake Shopping Center, subject to final terms and conditions acceptable
to the Police Chief and the City Attorney, and ratify all acts consistent with the
terms of the Second Amendment.
F. Consolidating Budget Adjustment Ordinance for Adjustments between
April 1, 2017, and June 30, 2017 – Adopt
Ordinance No. 4251 was adopted, approving the consolidating budget adjustments
made between April 1, 2017 and June 30, 2017, reflecting an overall budget
increase of $15,418,350.
G. Amendment to Consultant Services Agreement with Raedeke
Associates, Inc. for Environmental Consulting – Authorize
The Mayor was authorized to sign the 2017, 4th Amendment to the Consultant
Service Agreement with Raedeke Associates Inc. to continue to provide
environmental review. The amount of the amendment is not to exceed $40,000 and
is subject to final terms and conditions acceptable to the City Attorney and
Economic and Community Development Director.
H. Amendment to Consultant Services Agreement with Theresa Dusek
Consulting for Environmental Consulting – Authorize
The Mayor was authorized to sign the 2017, 3rd Amendment to the Consultant
Service Agreement with Theresa Dusek Consulting to continue to provide
environmental review. The amount of the amendment is not to exceed $23,000 and
is subject to final terms and conditions acceptable to the City Attorney and
Economic and Community Development Director.
I. Hawkesbury West Final Plat – Approve
Kent City Council Regular Meeting September 5, 2017
Minutes Kent, Washington
Pending Approval
Page 7 of 9
Council approved the final plat mylar for Hawkesbury West and authorize the Mayor
to sign the mylar.
J. 2017 Second Quarter Fee-in-Lieu Funds – Accept
Council accepted $111,150 of fee-in-lieu funds, amend the Community Parks
Reinvestment Program budget and authorize the future expenditure of these funds
for capital improvements at Clark Lake Park and Chestnut Ridge Park.
K. Senior Center Flooring Replacement Project – Accept as Complete
Council accepted as complete the replacement of carpeting, floor tile and restroom
partitions at the City of Kent Senior Center, upon release of all state tax and lien
restriction requirements.
L. Consultant Services Agreement with JECB for South 212th Way
Overlay Project – Authorize
The Mayor was authorized to sign a Consultant Services Agreement with JECB to
provide services for the South 212th Way Overlay Project in an amount not to
exceed $ 84,780.00, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
M. Transportation Improvement Board Acceptance of Grant Funds for
South 224th Street Project – Accept
Council accepted the Transportation Improvement Board Grant for the South 224th
Street Project for $750,000, amend the budget, authorize the expenditure of funds
and authorize the Mayor to sign all necessary documents, subject to final grant
terms and conditions acceptable to the City Attorney and Public Works Director.
N. 2018 Mid-Biennium Budget Adjustment – Set Date for First Public
Hearing
Council set September 19, 2017 for the first public hearing of the 2018 Mid-
Biennium Budget Adjustment at the regular City Council meeting.
O. 2018-2023 Capital Improvement Plan – Set Date for First Public
Hearing
Council set September 19, 2017 for the first public hearing of the 2018-2023
Capital Improvement Plan at the regular City Council meeting.
P. Copper Ridge Bill of Sale – Accept
Council accepted the Bill of Sale for Copper Ridge improvements.
8. Other Business
None.
9. Bids
A. Hawley Road Levee Connection to SR 167 Project – Award
Tim LaPorte, Public Works Director, presented information regarding the Hawley
Road Levee Connection to SR 167 Project.
Kent City Council Regular Meeting September 5, 2017
Minutes Kent, Washington
Pending Approval
Page 8 of 9
Councilmember Higgins moved to award the Hawley Road Levee
Connection to SR 167 Project to SCI Infrastructure, LLC in the amount of
$88,657.80 and authorize the Mayor to sign all necessary documents,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director. Seconded by Councilmember Ralph. Motion carried
unanimously with a vote of 5-0.
B. Horseshoe Bend Levee Storm Outfall Pipe Slip Lining Project – Award
Tim LaPorte, Public Works Director, presented information regarding the Horseshoe
Bend Levee Storm Outfall Pipe Slip Lining Project.
Councilmember Higgins moved to award the Horseshoe Bend Levee Storm
Outfall Pipe Slip-Lining Project to NW Relining, LLC in the amount of
$87,879.00 and authorize the Mayor to sign all necessary documents,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director. Seconded by Councilmember Ralph . Motion carried
with a unanimous vote of 5-0.
10. Reports from Standing Committees, Council and Staff
Council President’s Report – Council President Boyce provided information
regarding the information presented during tonight’s workshop, including a
presentation regarding the Naden Avenue property in addition to a presentation on
the Riverbend Golf Complex Business Plan.
Mayor Cooke – Mayor Cooke provided comments regarding recent national events
and the way the world is churning under both natural and human forces.
Administration – Derek Matheson, Chief Administrative Officer, indicated there is
no executive session and his report is in the agenda packet.
Economic and Community Development – Council President Boyce advised his
report is in the minutes.
Operations – Councilmember Ralph indicated the committee heard a report on the
non-represented salary survey results.
Parks and Human Services – Councilmember Fincher indicated the committee
recommended acceptance of fee in lieu of funds, received information on
contributes, and had a discussion regarding signage and cards being distributed to
people in the parks regarding smoke-free parks. The committee also received a
report on the golf course sustainability.
Public Safety – Councilmember Berrios recognized the efforts of the Police
Department and Public Works departments working cooperatively on issues.
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Minutes Kent, Washington
Pending Approval
Page 9 of 9
Public Works – Councilmember Higgins indicated there is a special meeting
scheduled for September 11th and the next regular meeting will be on September
18th.
Puget Sound Regional Fire Authority – No Report
11. Executive Session and Action after Executive Session
None.
12. Adjournment
At 8:37 p.m., Mayor Cooke adjourned the meeting.
Kimberley A. Komoto
City Clerk
September 5, 2017
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Agenda Item: Consent Calendar – 7B_
7B. Approval of Bills:
Approval of payment of the bills received through August 15, 2017 and paid on
August 15, 2017. The Operations Committee audited the payment of bills on
September 5, 2017.
Approval of checks issued for vouchers:
Date Check Numbers Amount
08/15/17 Wire Transfers 7196-7215 $2,521,254.93
08/15/17 Regular Checks 716434-716853 $2,402,148.93
08/15/17 Payment Plus $109,900.32
Void Checks $0.00
08/15/17 Use Tax Payable $6,959.48
$5,040,263.66
Approval of checks issued for payroll for August 1 through August 15 and paid on
August 18, 2017:
Date Check Numbers Amount
8/18/2017 Checks 0 $0.00
Voids and Reissues
8/18/2017 Advices 392680-393574 $1,612,788.08
$1,612,788.08
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Agenda Item: Consent Calendar – 7C_
TO: City Council
DATE: September 19, 2017
SUBJECT: Kent Highlands Property Surplus - Resolution – Adopt
SUMMARY: This motion will carry forward a Resolution of the City Council of the City
of Kent, Washington, declaring vacant City-owned property in Kent, generally located
on the south side of Veterans Drive, west of Riverview Boulevard, and commonly
referred to as the “Kent Highlands” property, to be surplus to the City’s needs, and
authorizing the Mayor to take all appropriate actions to market the properties for sale
or lease in one or more phases.
The Kent Highlands property was originally purchased in 2004 from the City of Seattle.
The property was purchased in order to construct several roadway improvements that
were completed in 2007.
The City Council authorized the surplus and sale of the property on December 11,
2012, and subsequently subjected the property to the City’s new public process
established in Chapter 3.12 of the Kent City Code to ensure additional public
awareness of the proposal. As such, on June 20, 2017, the City Council determined to
commence the process to consider whether the Kent Highlands property should be
sold as surplus to the City’s needs. The City Council then held public meetings on
June 22, 2017, and July 13, 2017, and invited comments regarding the City’s surplus
property consideration. The Economic and Community Development Committee
considered the matter at their meeting on August 14, 2017.
EXHIBITS: Resolution
RECOMMENDED BY: Economic and Community Development Committee
YEA: Boyce, Berrios, Budell NAY:
BUDGET IMPACTS: None
MOTION: Adopt Resolution No. __, declaring the Kent Highlands property
surplus to the City’s needs, and authorizing the Mayor to take all appropriate
actions to market the property for sale or lease in one or more phases.
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1 Resolution
Surplus Kent Highlands Property
RESOLUTION NO. ___________
A RESOLUTION of the City Council of the
City of Kent, Washington, declaring vacant City
owned property in Kent, generally located on the
south side of Veterans Drive, west of Riverview
Boulevard, and commonly referred to as the “Kent
Highlands” property, to be surplus to the City’s
needs, and authorizing the Mayor to take all
appropriate actions to market the properties for
sale or lease in one or more phases.
RECITALS
A. Pursuant to RCW 35A.11.010, the city is authorized to dispose
of real property for the common benefit.
B. The Kent Highlands property is a vacant commercial site located
at the south side of Veterans Dr. (aka S. 231st Way), west of Riverview Blvd.
in Kent. The tax parcel number is 152204-9170. The site consists of an
irregular shaped parcel with a gross site area of 280,027 square feet or 6.43
acres. The site is currently vacant and the zoning is MCR (Midway
Commercial/Residential).
C. The Kent Highlands property was originally purchased several
years ago from the city of Seattle in 2004. The property was purchased in
order to construct several roadway improvements that were completed in
2007.
D. On December 11, 2012, the city council determined that the
Kent Highlands property was surplus and authorized the Mayor to dispose of
2 Resolution
Surplus Kent Highlands Property
the property subject to terms and conditions acceptable to the city attorney
and the public works director. Although the city council previously authorized
the surplus and sale of the property, due to the amount of time that has
passed since the original surplus authorization, and due to the city’s adoption
of its new process for surplus property, the Kent Highlands property has been
subjected to the city’s new public process established in Chapter 3.12 of the
Kent City Code to ensure additional public awareness of the proposal.
E. Pursuant to the city’s surplus property process, the city council
determined on June 20, 2017, to commence the process to consider whether
the Kent Highlands property should be sold as surplus to the city’s needs. In
accord with that ordinance, the city published timely notice to the public,
posted notice as required by the ordinance, and mailed notice to nearby
property owners that the city would be considering whether to surplus the
Kent Highlands property.
F. The city council held public meetings on June 22, 2017, and July
13, 2017, and invited comments regarding the city’s surplus property
consideration.
G. Having complied with the procedures and provisions of city code
relating to consideration of city-owned property for surplus by sale or lease,
the city council has determined that it is appropriate and timely to surplus all
or part of the Kent Highlands property in one or more phases.
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 will act as the findings of the
Kent city council on this matter.
3 Resolution
Surplus Kent Highlands Property
SECTION 2. – Public’s Best Interest. It is in the public’s best interest
that this surplus property shall be marketed and sold in one or more sections
for reinvestment and redevelopment to enhance city revenue and stimulate
economic development in the city.
SECTION 3. – Property Deemed Surplus. The Kent Highlands
property described in the recitals are now surplus to the city’s needs and
should be marketed for sale or lease. The Mayor is authorized to take all
appropriate acts to fulfill the decisions made by this resolution.
SECTION 4. – 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 5. – 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 6. – Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the City
of Kent, Washington, this day of , 201__.
CONCURRED in by the Mayor of the City of Kent this _____ day of
__________, 201__.
SUZETTE COOKE, MAYOR
4 Resolution
Surplus Kent Highlands Property
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
Agenda Item: Consent Calendar – 7D_
TO: City Council
DATE: September 19, 2017
SUBJECT: Non-Represented Salary Survey Results – Authorize
SUMMARY: It has been over 10 years since the City last reviewed non-
represented position salaries. That fact, coupled with a highly-competitive labor
market for specialty and technical classifications, as well as for key management
positions, makes the results of this survey and subsequent actions critically
important.
Late last year, the City Council authorized the Human Resources Department (HR)
to analyze comparable cities’ salaries to ensure we have a defensible method of job
evaluation, while also making certain we have fair and competitive salaries to
motivate the loyalty, retention, and contribution of our employees.
The process we utilized is consistent with the salary survey methods used during
collective bargaining. A task force comprised of City department representatives
identified comparable cities and benchmark positions for the first phase of data
collection.
The data collected by the task force members and from HR departments from
comparable cities was analyzed and discussed by departmental subject matter
experts.
Comparison data and market average salaries were determined for each
benchmark position. HR also conducted internal equity reviews for positions as
needed; a practice consistent with previous non-represented and collective
bargaining salary survey methods.
With the exception of department directors, the positions recommended for salary
increases are those that are one or more percent below the market average. For
those positions whose salaries are above market average, or within one percent or
less from the market average, no increase or decrease is recommended.
Rather than receiving automatic increases, if salaries for department directors are
below market average, any increases will be negotiated with Administration.
Consistent with Salary Plan Policy 2.20, Section 2.20.12, Compensation Study Step
Placement and Advancement, employees whose existing salary ranges should be
increased to better reflect market average will move to the same step within the
new recommended salary range.
The final phase of the survey review process involves notification of all non-
MOTION: Authorize the Mayor to implement the results of the salary survey
for non-represented employees.
represented employees of their recommended results. An appeals process, should
any employee wish to do so, will be available for 10 business days following receipt
of their individual results.
Appeals must be submitted in writing to a panel of HR staff and selected task force
members, and will only be considered for the following reasons:
The benchmark job description used for comparison was not accurate
There was a more relevant position/classification at a comparable city that could
have been used that was not.
Appeals will be answered in writing and panel decisions are final. All salary
adjustments are proposed to be effective January 1, 2018.
EXHIBITS:
•Approved Council Resolution
•Non-represented salary recommendations by position in department
•Estimated costs by department and fund
RECOMMENDED BY: Operations Committee
YEA: Boyce, Thomas, Ralph NAY:
BUDGET IMPACTS: The estimated budget to fully implement the salary survey is
$1,342,780 with $729,090 from the General Fund and the remaining $613,690
spread across several funds.
There are no new revenues to offset these costs; each fund will need to cover its
cost increases within existing resources. Additional details by department and fund
can be found on the accompanying exhibit.
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Non-Represented Salary Survey Recommendations
Administration
Job Auburn Bellevue Everett Federal Way Kirkland Olympia Redmond Renton Average Kent
% Diff
Between
Average &
Kent
Range
Increase
Number
of
Positions
New Range New Salary
Cost in
Salary
Increase
Chief Administrative Officer 201,521$ 177,228$ 181,116$ 186,622$ 179,688$ -3.9%1 NRMA+186,621.67$ 6,933.67$
City Clerk $ 100,110 100,560$ 99,091$ 106,434$ 115,800$ 102,720$ 104,119$ 99,492$ -4.7%2 1 NRMB 46 104,472.00$ 4,980.00$
Neighborhood Program Coord $ 79,456 89,779$ 100,560$ 81,120$ 87,729$ 81,744$ -7.3%3 1 NRMC 38 87,888.00$ 6,144.00$
Executive Assistant $ 86,299 78,582$ 80,244$ 74,508$ 79,908$ 81,744$ 2.2%2
Total 18,057.67$
Non-Represented Salary Survey Recommendations
Courts
Job Auburn Bellevue Everett Federal Way Kirkland Olympia Redmond Renton Average Kent
% Diff
Between
Average &
Kent
Range
Increase
Number
of
Positions
New
Range New Salary
Cost in
Salary
Increase
Court Administrator 115,560$ 111,072$ 117,852$ 99,825$ 125,112$ 113,884$ 127,116$ 10.4%1
Probation Supervisor 89,772$ 89,814$ 86,278$ 97,019$ 90,721$ 92,340$ 1.8%1
Judicial Specialist 57,360$ 57,013$ 56,064$ 58,884$ 57,330$ 57,792$ 0.8%2 9 NR 24 60,768.00$ 26,784.00$
Probation Officer 81,328$ 88,092$ 75,566$ 75,516$ 71,975$ 75,300$ 77,963$ 73,872$ -5.5%2 2.5 NR 34 77,652.00$ 9,450.00$
Court Supervisor 92,340$ 1
Lead Judicial Specialist 65,424$ 2 2 NR 29 68,652.00$ 6,456.00$
Probation Clerk 57,792$ 2 1 NR 24 60,768.00$ 2,976.00$
Total 45,666.00$
BENCHED TO PROBATION SUPERVISOR
BENCHED TO JUDICIAL SPECIALIST
BENCHED TO PROBATION OFFICER
Non-Represented Salary Survey Recommendations
ECD
Job Auburn Bellevue Everett Federal Way Kirkland Olympia Redmond Renton Average Kent
% Diff
Between
Average &
Kent
Range
Increase
Number
of
Positions
New Range New Salary
Cost in
Salary
Increase
ECD Director 183,810$ 161,472$ 151,507$ 149,074$ 164,184$ 162,009$ 166,260$ 2.6%1
Deputy Director 133,524$ 4 1 NRMB 60 147,240.00$ 13,716.00$
Building Services Manager $ 123,635 133,500$ 112,154$ 127,980$ 133,212$ 110,616$ 123,516$ 121,128$ -2.0%1 1 NRMB 53 124,128.00$ 3,000.00$
Current Planning Manager $ 107,744 101,587$ 111,925$ 122,508$ 110,616$ 110,876$ 121,128$ 8.5%1 -$
Planner $ 81,048 89,779$ 71,926$ 79,656$ 83,178$ 81,852$ 81,120$ 81,223$ 79,524$ -2.1%1 4 NRMC 36 81,744.00$ 8,880.00$
Admin Assistant 3
Planning Manager
Senior Planner & Senior GIS Planner 79,524$ -2.1%1 2 NRMC 41 92,340.00$ 25,632.00$
Engineering Manager 121,128$ 5 1 NRMB 57 136,884.00$ 15,756.00$
Econ Devel Analyst 79,524$ -2.1%1 2 NRMC 36 81,744.00$ 4,440.00$
Engineer IV 109,704$ 5 1 NRMC 53 124,128.00$ 14,424.00$
Engineer III 96,936$ 5 1 NRMC 48 109,704.00$ 12,768.00$
Engineer I 79,254$ 5 1 NRMC 40 90,144.00$ 10,890.00$
Eng Tech III 79,254$ 5 2 NR 40 90,144.00$ 21,780.00$
Total 131,286.00$
Benched to PW Eng Tech III
No Matches. Internal Equity shows no increase in Range
Benched to Current Planning Manager. No increase in Range
Benched to Planner. One Range Increase.
Benched to PW Engineering Manager.
Benched to Planner. One Range Increase.
Benched to PW Engineer IV
Benched to PW Engineer III
Benched to PW Engineer I
Non-Represented Salary Survey Recommendations
Finance
Job Auburn Bellevue Everett Federal Way Kirkland Olympia Redmond Renton Average Kent % Diff Between
Average & Kent
Range
Increase
Number
of
Positions
New Range New Salary
Cost in
Salary
Increase
Finance Director $ 157,934 183,810$ 152,381$ 161,762$ 168,600$ 164,897$ 158,328$ -4.1%1
Deputy Finance Director 133,524$ 4 1 60 147,240$ 13,716.00$
Accounting Manager $ 107,744 120,890$ 100,568$ 112,902$ 116,112$ 102,710$ 110,154$ 107,064$ -2.9%1 1 48 109,704$ 2,640.00$
City Auditor 107,064$ 1
Customer Services Manager $ 107,744 107,744$ 107,064$ 1 1 48 109,704$ 2,640.00$
Total 18,996.00$
Non-Represented Salary Survey Recommendations
Human Resources
Job Auburn Bellevue Everett Federal Way Kirkland Olympia Redmond Renton Average Kent
% Diff
Between
Average &
Kent
Range
Increase
Number
of
Positions
New Range New Salary
Cost in
Salary
Increase
HR Director $ 157,934 183,818$ 161,472$ 123,718$ 158,974$ 170,751$ 159,445$ 158,328$ -0.7%1 158,328.00$
Risk Manager $ 100,110 120,888$ 124,116$ 121,404$ 116,208$ 116,545$ 107,064$ -8.9%3 0 -$
Labor Relations Manager $ 100,110 120,888$ 124,116$ 121,404$ 116,208$ 116,545$ 107,064$ -8.9%3 0 -$
Human Resources Manager $ 100,110 120,888$ 124,116$ 121,404$ 116,208$ 116,545$ 107,064$ -8.9%3 4 NRMB 50 115,272$ 32,832.00$
Human Resources Analyst (Labor) $ 86,299 81,328$ 94,056$ 81,349$ 82,164$ 83,292$ 80,256$ 84,106$ 79,524$ -5.8%2 0
Human Resources Analyst (General) $ 86,299 81,328$ 94,056$ 81,349$ 82,164$ 83,292$ 80,256$ 84,106$ 79,524$ -5.8%2 7 NRMC 37 83,724$ 29,400.00$
62,232.00$
Non-Represented Salary Survey Recommendations
Information Technology
Job Auburn Bellevue Everett Federal Way Kirkland Olympia Redmond Renton Average Kent
% Diff
Between
Average &
Kent
Range
Increase
Number
of
Positions
New Range New Salary
Cost in
Salary
Increase
Director - Information Technology $ 157,934 183,818$ 161,470$ 161,762$ 125,112$ 158,019$ 158,328$ 0.2%1
Multi Media Manager 104,472$ 1
Systems & Integration Development Manager 121,128$ 2 1 54 127,116$ 5,988.00$
Systems Division Manager 121,128$ 2 1 54 127,116$ 5,988.00$
Senior System Analyst (Also PM/BA or TL/SE)115,055$ 87,318$ 113,268$ 91,499$ 110,580$ 87,384$ 100,851$ 101,964$ 1.1%12
Technical Services Manager 140,317$ 133,494$ 128,364$ 106,260$ 127,109$ 121,128$ -4.9%2 1 54 127,116$ 5,988.00$
Senior Network Engineer 99,492$ 1
Network Engineer $ 92,643 109,471$ 87,318$ 104,388$ 91,499$ 87,384$ 95,451$ 94,692$ -0.8%2
Network Specialist 83,724$ 1
Technical Support Specialist 2 $ 74,589 73,618$ 69,638$ 71,926$ 71,724$ 83,179$ 73,824$ 73,486$ 73,998$ 73,872$ -0.2%3
Total 17,964.00$
Non-Represented Salary Survey Recommendations
Law
Job Auburn Bellevue Everett Federal Way Kirkland Olympia Redmond Renton Average Kent
% Diff
Between
Average &
Kent
Range
Increase
Number
of
Positions
New Range New Salary
Cost in
Salary
Increase
City Attorney $ 157,934 183,810$ 172,716$ 165,000$ 166,254$ 157,630$ 164,184$ 166,790$ 158,328$ -5.3%1 1 LV2, NRMA 166,260.00$ 7,932.00$
Civil Legal Secretary 70,034$ 59,010$ 70,595$ 66,552$ 69,996$ 57,372$ 65,593$ 63,840$ -2.7%1 1 NR27 65,424.00$ 1,584.00$
Total 9,516.00$
Non-Represented Salary Survey Recommendations
Parks
Job Auburn Bellevue Everett Federal Way Kirkland Olympia Redmond Renton Average Kent
% Diff
Between
Average &
Kent
Range
Increase
Number
of
Positions
New Range New Salary
Cost in
Salary
Increase
Parks Director $ 157,934 183,810$ 161,470$ 141,523$ 159,162$ 138,736$ 168,600$ 164,184$ 159,427$ 166,260$ 4.1%1
Recreation Superintendent $ 92,643 115,045$ 133,494$ 102,461$ 125,112$ 113,751$ 115,272$ 1.3%1
Operations Superintendent 133,494$ 111,925$ 99,825$ 111,960$ 125,112$ 116,463$ 104,472$ -11.5%4 1 NRMB50 115,272.00$ 10,800.00$
Facilities Superintendent $ 100,110 100,568$ 94,349$ 125,112$ 105,035$ 107,064$ 1.9%1
Planning & Development Manager 2 1 NRMB48 109,704.00$ 5,232.00$
Golf Superintendent 1
Human Servivces Manager 2 1 NRMB48 109,704.00$ 5,232.00$
Sr. Program Manager 1
Sr. Human Svc Coord 2 1 NRMC40 90,144.00$ 4,272.00$
Program Manager 3
Administrative Assistant III 1
Planning & Dev Coord 1 4 NRMC38 85,872.00$ 8,592.00$
Human Services Coord $ 79,456 89,773$ 70,179$ 87,838$ 93,216$ 79,123$ 83,264$ 79,524$ -4.7%2 4 NRMC37 83,724.00$ 16,800.00$
Head Golf Pro 1 1 NRMC35 79,524.00$ 1,872.00$
Program Coord $ 79,456 85,426$ 68,453$ 78,208$ 79,368$ 75,300$ 77,702$ 77,652$ -0.1%13
Golf Accounting Sup 1
Recreation Facility Lead 1 1 NR30 70,344.00$ 1,692.00$
Golf Pro 1 1 NR29 68,652.00$ 1,728.00$
Hum Srvc Spec 1 1 NR28 66,924.00$ 1,500.00$
Planning and Dev Spec 1 1 NR28 66,924.00$ 1,500.00$
Program Assistant II 2 5 NR27 65,424.00$ 16,140.00$
System Support Spec 1
Asst Golf Pro 2 1 NR24 60,768.00$ 2,976.00$
Program Assistant I 60,382$ 61,485$ 59,884$ 60,299$ 60,513$ 59,160$ -2.3%1 2 NR24 60,768.00$ 3,216.00$
Accounting Serv Asst 3 1
Van Driver 1 1 NR16 49,908.00$ 1,296.00$
Total 82,848.00$
Non-Represented Salary Survey Recommendations
Police
Job Auburn Bellevue Everett Federal Way Kirkland Olympia Redmond Renton Average Kent % Diff Between
Average & Kent
Range
Increase
Number
of
Positions
New
Range New Salary
Cost in
Salary
Increase
Director - Police Chief $ 165,984 183,810$ 168,126$ 167,586$ 166,254$ 170,622$ 168,600$ 164,174$ 169,395$ 166,260$ -1.9%1
Corrections Commander 136,406$ 136,406$ 104,472$ 2 1 48 109,704$ 5,232.00$
Support Services Manager 114,941$ 102,720$ 108,831$ 104,472$ -5.4%2 1 48 109,704$ 5,232.00$
Trainer 81,744$
Closest Salary to
Top Step of
Officer as 1/1/18
2 1 38 86,304$ 4,560.00$
Total 15,024.00$
Non-Represented Salary Survey Recommendations
Public Works
Job Auburn Bellevue Everett Federal Way Kirkland Olympia Redmond Renton Average Kent
% Diff
Between
Average &
Kent
Range
Increase
Number
of
Positions
New
Range New Salary
Cost in
Salary
Increase
PW Director 168,120$ 157,020$ 168,600$ 164,184$ 164,481$ 166,260$ 1.1%1
Deputy City Engineer 5 1 NRMB60 147,240.00$ 16,884.00$
Deputy Operation Manager 5 1 NRMB60 147,240.00$ 16,884.00$
Administrative Assistant 3 1
Construction Manager 5 1 NRMB57 136,884.00$ 15,756.00$
Engineering Manager 5 2 NRMB57 136,884.00$ 31,512.00$
City Land Surveyor $ 100,110 99,819$ 100,235$ 100,055$ 107,064$ 6.5%1 1 NRMB48 109,704.00$ 2,640.00$
Special Project Manager 5 1 NRMB57 136,884.00$ 15,756.00$
Accounting Manager 1
Engineering Supervisor 5 5 NRMC53 124,128.00$ 72,120.00$
Construction Supervisor 2 2 NRMC41 92,340.00$ 8,904.00$
Traffic Signal System Supervisor 2 1 NRMC45 101,964.00$ 5,028.00$
Assistant City Land Surveyor 2 1 NRMC41 92,340.00$ 4,452.00$
Environmental Supervisor 2 2 NRMC46 104,472.00$ 9,960.00$
GIS Supervisor 5 1 NRMC44 99,492.00$ 11,604.00$
Fleet Manager 4 1 NRMC50 115,272.00$ 10,800.00$
Water Systems Manager 113,755$ 116,244$ 110,616$ 113,538$ 104,472$ -8.7%4 1 NRMC50 115,272.00$ 10,800.00$
Street & Vegetation Manager 112,778$ 116,244$ 114,511$ 104,472$ -9.6%4 1 NRMC50 115,272.00$ 10,800.00$
Sewer/Storm Manager 4 1 NRMC50 115,272.00$ 10,800.00$
Engineer IV 5 1 NRMC53 124,128.00$ 14,424.00$
Engineer III $ 109,886 115,055$ 115,565$ 113,172$ 96,366$ 110,009$ 96,936$ -13.5%5 3 NRMC48 109,704.00$ 38,304.00$
Engineer II 5 7 NRMC44 99,492.00$ 81,228.00$
Civil Design Eng II 5 2 NRMC44 99,492.00$ 23,208.00$
Engineer I 5 0 NRMC40 90,144.00$ 10,620.00$
Civil Design Eng I 5 2 NRMC40 90,144.00$ 21,240.00$
Engineer Tech III 5 3 NR40 90,144.00$ 32,670.00$
Engineer Tech II 5 2 NR34 77,652.00$ 18,000.00$
Engineer Tech I 5 6 NR29 68,652.00$ 47,304.00$
Sr. Transportation Planner 1 1 NRMC44 99,492.00$ 2,556.00$
Technical Systems Analyst 1 1 NRMC44 99,492.00$ 2,556.00$
Commute Trip Reduction Coordinator 1
Sr. Construction Inspector 89,773$ 80,664$ 73,715$ 87,838$ 82,998$ 79,524$ -4.4%2 4 NR37 83,724.00$ 17,880.00$
Construction Inspector 1 5 NR33 75,768.00$ 9,480.00$
Conservation Analyst 104,182$ 87,568$ 93,216$ 94,989$ 90,144$ -5.4%2 1 NRMC42 94,692.00$ 4,548.00$
Conservation Coordinator 2 1 NRMC38 85,872.00$ 4,128.00$
Engineer Project Coordinator 3 1 NRMC39 87,888.00$ 6,144.00$
Project Analyst 2 1 NRMC39 87,888.00$ 4,164.00$
Storm Drain Inspector 2 3 NR34 77,652.00$ 11,340.00$
Cross Connection Control Inspector 2 1 NR34 77,652.00$ 3,780.00$
Cross Connection Control Assistant 2 1 NR31 72,168.00$ 3,516.00$
Water Quality Inspector 2 1 NR34 77,652.00$ 3,780.00$
Survey Project Coordinator 1 1 NR36 81,744.00$ 2,490.00$
Survey Party Chief 2 2 NR36 81,744.00$ 8,184.00$
Land Survey Technician 2 2 NR31 72,168.00$ 7,032.00$
Senior Signal Technician 2 1 NR38 85,872.00$ 4,128.00$
Signal Technician $ 79,456 76,860$ 75,171$ 80,136$ 77,906$ 73,872$ -5.5%2 3 NR34 77,652.00$ 11,340.00$
Total 648,744.00$
Non-Rep Salary Survey
Estimated Costs - All Positions
as of 8/21/2017
General
Fund
Street
Operating PW Engr CDBG Water
Sewer
Drainage
Solid
Waste Golf Fleet IT Facilities Insurance
PW Ops
Clearing Total
H01 - Administration 21,700 21,700
H02 - Law 25,470 25,470
H03 - HR 73,900 14,910 88,810
H04 - Finance 35,110 1,740 36,850
H05 - IT - 35,620 35,620
H07 - Public Works - 158,310 329,010 49,460 187,670 13,300 12,980 40,690 791,420
H08 - Police 22,540 22,540
H10 - Parks 112,550 6,850 5,650 2,580 127,630
H12 - Court 56,010 56,010
H13 - ECD 117,800 4,730 4,730 9,470 136,730
465,080 163,040 329,010 6,850 54,190 197,140 13,300 5,650 12,980 35,620 2,580 14,910 42,430 1,342,780
Allocated Costs (budgets to be updated separately when allocation budgets are updated later in the process)
PW Engr Allocation 93,770 (329,010) 75,670 159,570 -
PWO Admin Allocation 7,200 14,430 14,430 6,370 (42,430) -
465,080 264,010 - 6,850 144,290 371,140 13,300 5,650 19,350 35,620 2,580 14,910 - 1,342,780
Impact by Fund 729,090 - - 6,850 144,290 371,140 13,300 5,650 19,350 35,620 2,580 14,910 - 1,342,780
Street Operating costs will likely need to be covered by increasing the subsidy from the General Fund
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Agenda Item: Consent Calendar – 7E_
TO: City Council
DATE: September 19, 2017
SUBJECT: Resolution Recognizing Millbrook Heights Neighborhood Council – Adopt
SUMMARY: The Millbrook Heights neighborhood consists of 16 households and is
located on Kent’s East Hill. The neighborhood has completed the process to be
recognized as a neighborhood council.
The City’s Neighborhood Program is an initiative designed to foster better
communication among residents in a geographic area and city government. The
underlying objective of the program is to provide an avenue for residents to work
together to enhance the livability of their neighborhoods.
The program encourages organization of neighborhood councils, which serve as
independent, non-profit organizations promoting resident-based efforts for
neighborhood improvements while also establishing a partnership between City
government and the neighborhoods they serve.
EXHIBITS: Resolution
RECOMMENDED BY: Economic and Community Development Committee
YEA: Berrios, Boyce NAY:
BUDGET IMPACTS: None
MOTION: Adopt Resolution No. __, recognizing the Millbrook Heights
Neighborhood Council, supporting its community building efforts, and
conferring on it all opportunities offered by the City’s neighborhood
program.
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RESOLUTION NO. ___________
A RESOLUTION of the city council of the
city of Kent, Washington, recognizing Millbrook
Heights Neighborhood Council.
RECITALS
A. The city of Kent has developed a Neighborhood Program to
promote and sustain an environment that responds to residents by building
partnerships between the City and its residents. In addition, the city of
Kent encourages residents to work together to form geographically distinct
neighborhood councils as a means to foster communication among
residents and to enhance their sense of community.
B. The city of Kent recognizes and supports neighborhood
councils by endorsing a process to establish neighborhood boundaries,
approve neighborhood councils, and provide neighborhood grant matching
program opportunities to make improvements in defined neighborhoods.
C. The Millbrook Heights neighborhood consists of sixteen
households.
D. The Millbrook Heights neighborhood is located on Kent’s East
Hill and is situated generally to the east of 120th Avenue S.E., to the north
of S.E. 270th Street, to the west of 121st Place S.E. and to the south of
1 Millbrook Heights
Neighborhood Council Resolution
S.E. 268th Street. The Neighborhood is shown on Exhibit A, attached and
incorporated by this reference.
E. On January 27, 2017, the Millbrook Heights Neighborhood
submitted an official registration form to request that the City recognize
the Millbrook Heights Neighborhood Council and to allow the Neighborhood
to take part in the City’s Neighborhood Program.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Recognition of Neighborhood Council. – The City
Council for the city of Kent hereby acknowledges the effort and
commitment of the Millbrook Heights neighborhood and all those who
participated in forming the Millbrook Heights Neighborhood Council. The
Kent City Council hereby recognizes Millbrook Heights Neighborhood
Council as an official Neighborhood Council of the city of Kent, supports
Millbrook Heights Neighborhood Council community building efforts, and
confers on the Millbrook Heights Neighborhood Council all opportunities
offered by the City’s Neighborhood Program.
SECTION 2. – Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
SECTION 3. – Ratification. Any act consistent with the authority
and prior to the effective date of this resolution is hereby ratified and
affirmed.
2 Millbrook Heights
Neighborhood Council Resolution
SECTION 4. – Effective Date. This resolution shall take effect and
be in force immediately upon its passage.
PASSED at a regular open public meeting by the city council of the city
of Kent, Washington, this day of September, 2017.
CONCURRED in by the mayor of the city of Kent this ______ day
of September, 2017.
SUZETTE COOKE, MAYOR
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
P:\Civil\Resolution\Neighborhoodcouncilmillbrookheights 9-19
-17.Docx
3 Millbrook Heights
Neighborhood Council Resolution
Exhibit A
4 Millbrook Heights
Neighborhood Council Resolution
Agenda Item: Consent Calendar – 7F_
TO: City Council
DATE: September 19, 2017
SUBJECT: Final Plat Procedures - Ordinance – Adopt
SUMMARY: On April 27, 2017, the Governor signed into law SB 5674, which
amends the final approval of subdivisions of land.
SB 5674 provides an option for local government to change final plat approval
from a City Council action to an administrative action, e.g. Mayor, Department
Director.
There are two primary advantages to shifting this authority. First, it saves the
applicant the time it takes to prepare an ordinance, transmit the ordinance to
Council, schedule the ordinance approving the subdivision for City Council action,
publish the action in the newspaper, and wait the 5 days for it to become
effective, altogether, about 6-8 weeks. The second advantage is that it eliminates
staff time spent preparing an ordinance and agenda bill, loading materials into the
computer system, and presenting at City Council. Each final plat consumes a
significant amount of time for preparation and presentation to City Council.
Finally, Council has limited ability to deny or modify a final plat because of the
preliminary approval process using our quasi-judicial Hearing Examiner system.
Because of its quasi-judicial nature, Council has, by law, virtually no authority to
amend or deny final plat approval.
The Economic and Community Development Committee considered the ordinance
during their meeting on September 11, 2017.
EXHIBITS: Ordinance
RECOMMENDED BY: Economic and Community Development Committee
YEA: Berrios, Boyce NAY:
BUDGET IMPACTS: None
MOTION: Adopt Ordinance No. __, amending chapters 12.01 and 12.04
of the city code relating to the procedures used for processing final plat
approvals, and delegating final plat approval authority to the Planning
Director.
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1 Amend KCC 12.01 and 12.04 -
Re: Final Plat Approvals
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending chapters 12.01
and 12.04 of the city code, relating to the procedures
used for processing final plat approvals.
RECITALS
A. The City Council has an ongoing interest to simplify land use
decision making and to lower City and customer costs by increasing
efficiency.
B. Kent City Code currently establishes procedures for
processing final plats which include the requirement that final approval of
plats for subdivisions must be given by the City Council. This final approval
by Council is generally seen as merely a technical legal requirement, as
Council has a very limited ability to deny or modify a final plat because the
Hearing Examiner process has already addressed any significant code
compliance issues during the preliminary review process.
C. On April 27, 2017, the Governor signed into law SB 5674
which amends Chapter 58.17 RCW to allow local governments to adopt
procedures that shift final plat approval from a City Council action to an
administrative decision by a specific City official or City department.
D. There are significant advantages to shifting the final plat
approval from Council to an administrative process. It would save
2 Amend KCC 12.01 and 12.04 -
Re: Final Plat Approvals
substantial time and money for applicants, as well as reduce the
substantial amount of time and resources required to have staff prepare
and present final plats to Council.
E. SB 5674 allows local jurisdictions to make these modifications
through the adoption of an ordinance that may go into effect on or after
July 23, 2017.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 12.01.040 of the Kent City
Code, entitled “Project permit application framework,” is hereby amended
as follows:
Sec. 12.01.040 Project permit application framework.
A. Process types. The following table lists the process types, the
corresponding applications, and, parenthetically, the corresponding final
decision maker and appellate body.
Process I Process II Process III Process IV Process V Process VI
Applications: Zoning permit
review (1) (7)
Administrative
design review (1)
(7)
Conditional use
permit (5) (10)
Planned unit
development (6)
(10) with change
of use
Final plat (6 1)
(10)
Zoning of newly
annexed lands (6)
(10)
Performance
standards
procedures (1) (7)
Shoreline
substantial
development
permit (1) (9)
Sign variance (5)
(10)
Special use
combining
district (6) (10)
Area-wide
rezones to
implement new
city policies (6)
(10)
Sign permit (1)
(7)
Accessory
dwelling unit
permit (1) (7)
Special home
occupation
permit (5) (10)
Rezone (6) (10) Comprehensive
plan amendments
(6) (10)
Lot line
adjustment (1) (7)
Administrative
variance (1) (7)
Variance (5) (10) Development
regulations (6)
(10)
Administrative
interpretation (1)
(7)
Downtown design
review, all except
for minor
Shoreline
conditional use
permit (5) (9)
Zoning map
amendments (6)
(10)
3 Amend KCC 12.01 and 12.04 -
Re: Final Plat Approvals
Process I Process II Process III Process IV Process V Process VI
remodels (3) (7)
Application
conditional
certification
multifamily tax
exemption (12)
(8), all other
multifamily tax
exemption (12)
(7)
Downtown design
review, only
minor remodels
(1) (7)
Shoreline
variance (5) (9)
Zoning text
amendments (6)
(10)
Development
plan review
(planning
director, building
official, or public
works director)
(7)
Midway design
review (1) (7)
Preliminary plat
(5) (10)
Site plan review
(planning
director, building
official, or public
works director)
(7)
Midway design
review (1) (7)
Administrative
approval/WTF (1)
(7)
Binding site plan
(2) (7)
Mobile home
park closure (11)
(7)
Short subdivision
(4) (7)
Planned unit
development (5)
(10) without a
change of use
(1) Final decision made by planning director.
(2) Final decision by binding site plan committee.
(3) Final decision made by downtown design review committee.
(4) Final decision made by short subdivision committee.
(5) Final decision made by hearing examiner.
(6) Final decision made by city council.
(7) Appeal to hearing examiner.
(8) Appeal to city council.
(9) Appeal to shoreline hearings board.
(10) No administrative appeals.
(11) Final decision made by manager of housing and
human services.
(12) Final decision made by economic and
community development director.
B. Process procedures. The following table lists the process types and
the corresponding procedures.
Project Permit Applications (Processes I – V) Legislative
Process I Process II Process III Process IV Process V Process VI
Notice of
application:
Yes, for projects
requiring SEPA
review
Yes, for projects
requiring SEPA
review, short
plats, and
shoreline
substantial
development
permits
Yes No No
Recommendation
made by:
N/A N/A N/A Hearing examiner N/A Land use and
planning board
4 Amend KCC 12.01 and 12.04 -
Re: Final Plat Approvals
Project Permit Applications (Processes I – V) Legislative
Process I Process II Process III Process IV Process V Process VI
Final decision
made by:
Planning
director,
building official,
public works
director,
economic and
community
development
director, or
manager of
housing and
human services
as applicable
Planning
director,
downtown
design review
committee,
binding site plan
committee, or
short
subdivision
committee, as
noted in
subsection (A)
of this section
Hearing
examiner
City council,
based upon record
made before
hearing examiner
City council
Planning
director
City council
Open record
appeal:
Yes, if appealed,
then before
hearing
examiner
Yes, if appealed,
then before
hearing
examiner
No No No No
Open record
hearing:
No No Yes, before
hearing
examiner to
make final
decision
Yes, before
hearing examiner
to make
recommendation
to council
No Yes, before land
use and planning
board to make
recommendation
to city council,
and/or before city
council
Reconsideration: No No Yes, of hearing
examiner’s
decision
Yes, of hearing
examiner’s
recommendation
No No
Closed record
appeal:
Only if appeal
of denial of
multifamily
conditional
certificate, then
before the city
council
Only if
appealed, then
before the
shoreline
hearings board
if applicable
Only if
appealed, then
before the
shoreline
hearings board
if applicable
No No No
Judicial appeal: Yes Yes Yes Yes Yes Yes
SECTION 2. - Amendment. Section 12.04.035 of the Kent City
Code entitled “City functions,” is hereby amended as follows:
Sec. 12.04.035 City functions.
A. Planning services office. The planning services office is responsible
for the administration and coordination of this chapter unless another
department or division is authorized to administer and enforce a specific
section.
5 Amend KCC 12.01 and 12.04 -
Re: Final Plat Approvals
B. Department of public works. The department of public works is
responsible for reviewing all engineering and technical requirements of
this chapter.
C. Fire department. The fire department is responsible for reviewing all
fire access and fire safety requirements of this chapter.
D. Department of parks and recreation. The department of parks and
recreation is responsible for reviewing all parks and open space dedication
requirements of this chapter.
E. Short subdivision committee. The short subdivision committee is
authorized to hold a public meeting and make a final decision on all short
subdivision plats.
F. Binding site plan committee. The binding site plan committee is
authorized to hold a public meeting and make a final decision on all
binding site plans.
G. Hearing examiner. The hearing examiner is authorized to hold a
public hearing and make a final decision on subdivision preliminary plats.
H. City council. The city council shall conduct any closed record appeal
from a hearing examiner’s final decision on a subdivision preliminary plat.
The city council planning director shall have sole authority to approve
subdivision final plats. An appeal of a final plat decision shall be in superior
court.
SECTION 3. - Amendment. Section 12.04.115 of the Kent City
Code entitled “Application procedures,” is hereby amended as follows:
Sec. 12.04.115 Application procedures. An application for a
subdivision or short subdivision consists of the following steps:
6 Amend KCC 12.01 and 12.04 -
Re: Final Plat Approvals
1.Preparation of the tentative plat of the proposed subdivision or Type
II short subdivision and submission of an application for a pre-application
conference;
2.Review of the tentative plat for pre-application conference by the
city and convene a meeting with the city resulting in the issuance of a pre-
application conference summary letter;
3.Preparation and submission of the preliminary plat of the proposed
subdivision to the hearing examiner for a public hearing and decision, or
preparation and submission of the preliminary plat of the proposed short
subdivision to the short subdivision committee for a public meeting and
decision;
4.Installation or bonding of improvements according to the approved
preliminary subdivision or short subdivision requirements and satisfaction
of all plat conditions;
5.Submission of the subdivision final plat to the city council planning
director for approval, or submission of the short subdivision final plat to
the short subdivision committee chairman for approval;
6. Recordation of the approved final plat in the office of the King County
department of records and elections.
SECTION 4. - Amendment. Section 12.04.210 of the Kent City
Code entitled “Filing the final plat,” is hereby amended as follows:
Sec. 12.04.210 Filing the final plat.
7 Amend KCC 12.01 and 12.04 -
Re: Final Plat Approvals
A. A final plat or final short plat shall be prepared by a professional
land surveyor licensed in the state of Washington, based on the
Washington State Plane Coordination System, and be submitted to
planning services along with all forms required and with the number of
originals and copies requested.
B. The final plat or final short plat submitted for filing shall comply with
the conditions of preliminary approval and Chapter 58.09 RCW, Chapter
332-130 WAC, and Chapter 58.17 RCW. The original drawing shall be in
black ink on mylar or photographic mylar.
C. In addition to other requirements as specified in this section, the
final plat or final short plat shall contain or be accompanied by the
following:
1.Signature of the owner of the property on the face of the final
plat or final short plat mylar;
2.A notarized certificate of the owner, contract purchaser,
grantor of a deed of trust, or other holder of beneficial title to the property
being subdivided indicating that the subdivision or short subdivision is
made with free consent and in accordance with their desires, and if the
subdivision or short subdivision is subject to deeding of property, the
notarized certificate shall be signed by all parties having any ownership
interest in the lands subdivided. For purposes of this section, ownership
interest shall include legal and equitable property interests, including, but
not limited to, present, future, contingent, or whole fee interests, together
with a beneficiary’s interest pursuant to a trust and contract interest
pursuant to a specifically enforceable contract for the purchase of the real
property;
8 Amend KCC 12.01 and 12.04 -
Re: Final Plat Approvals
3. Certification by the responsible health agencies that the
methods of sewage disposal and water service are acceptable;
4. Certification by the public works department that the
subdivider has complied with either of the following alternatives:
a. All improvements have been installed in accordance
with the requirements of these regulations; or
b. Certain improvements have been deferred according to
KCC 12.04.205(D), deferred improvements;
5. The subdivider shall furnish the city a current plat or short
plat certificate or title report from a title insurance company, produced no
more than forty-five (45) calendar days prior to final plat or final short plat
application, that documents the ownership and title of all interested
parties in the plat or short plat, subdivision, short subdivision, or
dedication and that lists all liens and encumbrances. The legal description
in the title report shall be identical to the legal description on the face of
the plat or short plat. The city reserves the right to require updates of the
certificate or title report at any time prior to signing the final plat or final
short plat by the short subdivision committee chairman;
6. Any person signing for a corporation must provide
documentation that shows they have the authority to execute on behalf of
the said corporation;
7. Copies of any restrictive covenants as may be used in the
subdivision or short subdivision;
8. Certification of approval to be signed by the King County
assessor;
9 Amend KCC 12.01 and 12.04 -
Re: Final Plat Approvals
9.Certification of approval to be signed by the King County
recorder;
10.Certificate of approval by the chairman of the short
subdivision committee;
11.Copies of any bylaws for a homeowners’ association, if
created;
12.Approved printed computer lot closure on all lots, alleys, and
boundaries.
D. All subdivisions and short subdivisions shall be surveyed by a land
surveyor licensed in the state of Washington. All lot, tract, parcel, and
right-of-way corners and angle points shall be set in accordance with
Chapter 58.09 RCW. Street monuments shall be in accordance with city of
Kent design and construction standards and shall be installed per those
same standards. Sufficient intervisible monuments shall be set to ensure
that any property within the subdivision or short subdivision can be readily
resurveyed at a later time or as may be specified by the public works
department. All final plats and final short plats shall be based on at least
two city of Kent horizontal control points and reference the North
American Datum of 1983/1991 Adjustment (NAD 83/91) or its successor
as may be adopted by the public works department survey section.
E. If any utility companies and/or utility districts have existing
easements within the proposed plat or short plat, the applicant or its
assigns shall have these easements removed or shall have their rights
subordinated to the city of Kent if they fall within dedicated right-of-way
or tracts for public use.
F. The final plat or final short plat must be submitted to planning
services for review as to compliance with all terms of the preliminary
10 Amend KCC 12.01 and 12.04 -
Re: Final Plat Approvals
approval; terms of bonding or the completion of all improvements; and
completeness and accuracy of survey data and platting requirements.
G. Before a final short plat is filed with King County, it shall be signed
by the chairman of the short subdivision committee when the plat is
determined to be in compliance with all applicable short subdivision
requirements.
H. After all final plat conditions for a subdivision have been met,
planning services shall set a date for a public meeting for the city council
planning director to consider the final plat.
I. Before the final plat of a subdivision is submitted to the city council,
it shall be signed by the city engineer, city finance director, and planning
director. After the final plat is approved by the city council, it shall be
signed by the mayor and the city finance director.
JI. An approved final plat or short plat shall be filed for record with
King County and shall not be deemed approved until filed.
KJ. A conformed copy of the recorded plat or short plat shall be filed
with planning services and the public works department.
SECTION 5. - Amendment. Section 12.04.221 of the Kent City
Code entitled “Subdivision preliminary plat expiration,” is hereby amended
as follows:
Sec. 12.04.221 Subdivision preliminary plat expiration.
A. Subdivision preliminary plat approval shall remain valid for that
period of time specified in Chapter 58.17 RCW, plus one year. During this
period, an applicant must submit a final plat based on the preliminary plat,
11 Amend KCC 12.01 and 12.04 -
Re: Final Plat Approvals
or any phase thereof, and meeting all of the requirements of this chapter
and Chapter 58.17 RCW, to the city council for approval, or the
preliminary plat shall lapse and become void.
B. For preliminary plats approved between January 1, 2008, and
December 31, 2008, one extension of 15 months shall be granted to an
applicant who files a written request for extension with the economic and
community development department prior to the expiration of the
preliminary plat’s validity period, as provided in subsection (A) of this
section.
C. In the case of a phased subdivision, final plat approval by the city
council planning director of any phase of the subdivision preliminary plat
will constitute an automatic one-year extension for the filing of the final
plat for the next phase of the subdivision.
SECTION 6. - Amendment. Section 12.04.223 of the Kent City
Code entitled “Decision on subdivision final plat,” is hereby amended as
follows:
Sec. 12.04.223 Decision on subdivision final plat. The city
council planning director shall approve, disapprove, or return the final plat
to the applicant for modification and/or correction within thirty (30)
calendar days of the date of the city’s determination of acceptance of the
final plat application, unless the applicant consents to an extension of such
time period.
SECTION 7. - Amendment. Section 12.04.225 of the Kent City
Code entitled “Subdivision final plat expiration,” is hereby amended as
follows:
12 Amend KCC 12.01 and 12.04 -
Re: Final Plat Approvals
Sec. 12.04.225 Subdivision final plat expiration. If a final plat
has not been submitted for recording within six (6) months after approval
by the city council planning director, the plat shall expire and be null and
void. One (1) extension of no longer than six (6) months may be granted
by the city council planning director. To revitalize a plat that has expired
under this section, the plat shall be resubmitted as a preliminary plat.
SECTION 8. - Amendment. Section 12.04.227 of the Kent City
Code entitled “Procedure for alteration of a subdivision or short
subdivision,” is hereby amended as follows:
Sec. 12.04.227 Procedure for alteration of a subdivision or
short subdivision.
A. An applicant requesting to alter a subdivision or short subdivision or
any portion thereof, except as provided in KCC 12.04.230, shall submit a
plat alteration application to the permit center. The application shall be
accompanied by such submittal requirements as described in the
application form, and applicable fees, and shall contain the signatures of
all persons having an ownership interest in lots, tracts, parcels, sites, or
divisions within the subdivision or short subdivision or in that portion to be
altered.
B. The planning director shall have the authority to determine whether
the proposed alteration constitutes a minor or major alteration. Major
alterations are those that are not in response to staff review or public
appeal and substantially change the basic design, increase the number of
lots, substantially decrease open space, substantially change conditions of
subdivision or short subdivision approval, or other similar requirements or
provisions. Minor alterations are those that make minor changes to
engineering design or lot dimensions, decrease the number of lots to be
13 Amend KCC 12.01 and 12.04 -
Re: Final Plat Approvals
created, or increase open space, or other similar minor changes. Major
alterations shall be treated as new applications for purposes of vesting.
C. If the subdivision or short subdivision is subject to restrictive
covenants which were filed at the time of the approval, and the application
for alteration would result in the violation of a covenant, the application
shall contain an agreement signed by all parties subject to the covenants
providing that the parties agree to terminate or alter the relevant
covenants to accomplish the purpose of the alteration of the subdivision or
short subdivision or any portion thereof.
D. If the alteration is requested prior to final plat or final short plat
review and signature, a minor alteration may be approved with consent of
the planning and the public works directors. A major plat or short plat
alteration shall require consent of the short subdivision committee for
short subdivisions or the hearing examiner for subdivisions after public
notice and a public meeting or hearing is held. Planning services shall
provide notice of the application for a major plat or short plat alteration to
all owners of property within the subdivision or short subdivision, all
parties of record, and as was required by the original subdivision or short
subdivision application. The planning director shall have the authority to
determine whether the proposed alteration constitutes a minor or major
alteration pursuant to subsection (B) of this section.
E. If the alteration is requested after final plat or final short plat review
and signature, but prior to filing the final plat or final short plat with King
County, a plat or short plat alteration may be approved with consent of
the short subdivision committee for short subdivisions or the city council
planning director for subdivisions. Upon receipt of an application for
alteration, planning services shall provide notice of the application to all
owners of property within the subdivision or short subdivision, all parties
14 Amend KCC 12.01 and 12.04 -
Re: Final Plat Approvals
of record, and as was required by the original application. The notice shall
establish a date for a public meeting or hearing.
F. If the alteration is requested after filing the final plat or final short
plat with King County, a minor plat or short plat alteration may be
approved with consent of the short subdivision committee in the case of
short subdivisions or the city council planning director for subdivisions. If
the planning director determines that the proposed alteration is a major
alteration, pursuant to subsection (B) of this section, then the planning
director may require replatting pursuant to this chapter. Upon receipt of
an application for alteration, planning services shall provide notice of the
application to all owners of property within the subdivision or short
subdivision, all parties of record, and as was required by the subdivision or
short subdivision plat application. The notice shall establish a date for a
public meeting or hearing.
G. The city shall determine the public use and interest in the proposed
alteration and may deny or approve the application for alteration. If any
land within the alteration is part of an assessment district, any
outstanding assessments shall be equitably divided and levied against the
remaining lots, parcels, or tracts, or be levied equitably on the lots
resulting from the alteration. If any land within the alteration contains a
dedication to the general use of persons residing within the subdivision,
such land may be altered and divided equitably between adjacent
properties.
H. After approval of the alteration, the city shall order the applicant to
produce a revised drawing of the approved alteration of the subdivision or
short subdivision, which after signature the final plat or final short plat
shall be filed with King County to become the lawful plat or short plat of
the property.
15 Amend KCC 12.01 and 12.04 -
Re: Final Plat Approvals
I. This section shall not be construed as applying to the alteration or
replatting of any plat or short plat of state-granted shore lands.
SECTION 9. – 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 10. – 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 11. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR Date Approved
ATTEST:
KIMBERLY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
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Agenda Item: Consent Calendar – 7G_
TO: City Council
DATE: September 19, 2017
SUBJECT: South 224th Airspace Lease – Authorize
SUMMARY: The South 224th Street Improvements Project – 84th Avenue South to
88th Avenue South-is the first phase of the South 224th Street Project that will
connect the valley floor with Kent’s East Hill neighborhoods and businesses. This
project includes a new bridge crossing over SR 167.
The city will construct, own, operate, and maintain the new bridge. WSDOT owns the
real property as well as the access, light, view, and air rights for and above SR 167.
The City will need to sign an airspace lease to construct and operate the new bridge.
The lease will be for 25 years, and may be renewed for two additional 25 year periods.
In addition to paying for all future operation and maintenance costs for the bridge
structure, the City shall also be responsible to pay for any cost to maintain or repair
SR 167 if the new bridge is found to adversely affect SR 167. The City will be required
to reimburse WSDOT for regular inspection of the bridge structure; first response
activities, operations and maintenance, or environmental investigation on SR 167; and
additional security as required by WSDOT or Homeland Security.
EXHIBITS: Airspace Lease
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Ralph, Higgins NAY:
BUDGET IMPACTS: All future costs incurred by WSDOT and the City will be funded
out of the Street funds allocated to the project.
MOTION: Authorize the Mayor to sign the WSDOT Airspace Lease to allow
the City to construct, operate, own, and maintain a bridge over SR 167 at
South 224th Street, subject to final terms and conditions acceptable to the
Public Works Director and City Attorney.
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Revised 3/2015
RES 420
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SR 167, South 228th St. in Kent to Renton
A I R S P A C E L E A S E
THIS IS AN AIRSPACE LEASE (Lease) made and entered into between the
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, hereinafter called
(WSDOT), and CITY OF KENT, hereinafter called (CITY), a municipal corporation in the state
of Washington.
RECITALS
A. WSDOT is granted authority to lease property under RCW 47.12.120, and
WSDOT deems it to be in the public interest to enter into this Lease.
B. WSDOT owns fee title, including access, light, view, and air, to real property
currently being used as a portion of the operating State Route (SR) 167 right of way, a limited
access highway facility, located within the city of Kent.
C. The CITY has designed, and desires to construct, operate, own, and maintain a
bridge structure and appurtenances (Bridge) in an aerial corridor no less than 18.5 feet above and
over SR 167 at South 224th Street, the location shown hachured on Exhibit A, attached hereto
and by this reference made a part hereof, as well as that area extending from the lower limit of
the aerial corridor down to 146 feet under the ground surface at the location shown cross-
hachured on Exhibit A. Said Bridge will serve to connect part of the CITY’s public city street
system and shall be open as a matter of right to public vehicular traffic, excluding vehicles that
require stationary rails or tracks.
D. WSDOT has determined that the land and premises to be leased herein are not
presently needed exclusively for WSDOT highway purposes and that the use of said land and
premises as a city street that is open as a matter of right to public vehicular traffic, excluding
vehicles that require stationary rails or tracks, as detailed herein, is compatible with the current
SR 167 limited access highway operation and maintenance.
E. The CITY and WSDOT have entered into General Permit No. GCB 2393
(General Permit) which sets forth the terms and conditions applicable to the CITY’s Bridge
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construction activities. A copy of the General Permit is attached as Exhibit B, and by this
reference incorporated herein.
AGREEMENT
NOW, THEREFORE, in consideration of the terms, conditions, covenants and
performances contained herein, IT IS MUTUALLY AGREED THAT:
1. PREMISES.
A. WSDOT does hereby lease to CITY, and CITY does hereby lease from WSDOT,
the premises located in the Government Lot 4 of Section 7 and Government Lot 1 of Section 18,
Township 22 North, Range 5 East, W.M., in the city of Kent, King County, and known to be a
portion of the highway right of way of SR 167, South 228th St. in Kent to Renton, approved
November 22, 1960, sheet 1 of 10 sheets, consisting of: (1) A three dimension aerial corridor at
South 224th Street which is 50 feet in width and located 18.5 feet above the paved surface of the
underlying SR 167 right of way and extending to 75 feet above the paved surface of the
underlying right of way, as established by the National Geodetic Vertical Datum, NAVD 1988
and as further shown hachured on Exhibit A (Aerial Corridor); (2) An area extending from the
lower limit of the Aerial Corridor to 146 feet under the ground surface, as established by said
NAVD 1988, together with two (2) triangular shaped areas located within the median of SR 167,
one extending northeast from the northern border of the Pier Area and one extending southwest
from the southern border of the Pier Area, and as further shown cross-hachured on Exhibit A
(Pier and Pier Protection Area).
B. The Premises consists of approximately 13,300 square feet for the Aerial Corridor
and approximately 2,277 square feet for the Pier Area and Pier Protection Area. The Aerial
Corridor is shown hachured on Exhibit A and the Pier Area and Pier Protection Areas are shown
cross-hachured on Exhibit A.
2. TERM. The term of this Lease shall be twenty-five (25) years, COMMENCING
ON THE DATE OF EXECUTION OF THIS LEASE BY WSDOT (Commencement Date).
3. RENEWAL. This Lease may be renewed by the CITY for two (2) additional
twenty-five (25) year periods (Renewal Period); provided that: (A) the CITY is not in default and
has not been in default during the term of this Lease; (B) there is no alternative public need for
the Premises; (C) CITY’s continued use under this Lease does not impair the safety or operation
of WSDOT’s highway or facility, as solely determined by WSDOT; and (D) the terms and
conditions of this Lease conform to then-existing WSDOT policies or practices, laws, regulations
and contracts, or provided CITY is willing to amend this Lease to bring it into compliance with
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such policies, practices, laws, regulations, and contracts. The Renewal Period shall be on the
same terms and conditions as set forth herein, except as modified by any changes in policies,
practices, laws, regulations or contracts and as reflected in a written amendment signed by both
parties. CITY shall give notice of its intent to renew this Lease for the Renewal Period at least
ninety (90) calendar days, but not more than six (6) months, prior to the expiration of this Lease,
or any extension thereof.
4.HOLDING OVER. In the event the CITY shall hold over or remain in
possession of the Premises with the consent of WSDOT after the expiration of the stated term of
this Lease, or any written extension or renewal of the term of this Lease, such holding over or
continued possession shall create a tenancy from month-to-month only, upon the same terms and
conditions as are set forth herein; provided that, WSDOT or the CITY may, in addition to other
remedies provided elsewhere herein, terminate this Lease for any reason with not less than
twenty (20) calendar days prior written notice.
5. CONSIDERATION. The CITY’s use of the Premises as a city street that is open
as a matter of right to public vehicular traffic, excluding vehicles that require stationary rails or
tracks, serves a highway purpose and, as such, no monetary rent is due. WSDOT shall have the
right to review any change in the use of the Premises and may require the CITY to begin paying
rent if the use or partial use of the Premises is not a highway purpose as solely determined by
WSDOT.
6. TERMINATION BY WSDOT.
A. This Lease may be terminated by WSDOT, without penalty or liability:
(1) Upon not less than five (5) years prior written notice to the CITY;
(2) Upon thirty (30) calendar days prior written notice to the CITY if the
CITY defaults and fails to cure such default within that thirty-day period, or such longer period,
as may be reasonably determined by WSDOT, if the CITY is diligently working to cure the
default;
(3) Immediately, upon written notice, if WSDOT is required by court order,
by legislative action, or by a governmental agency having jurisdiction to take some action, which
would effectively prohibit the CITY’s use of the Premises;
(4) Upon not less than sixty (60) calendar days prior written notice if the
Premises is needed for a state highway purpose; or
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(5) Immediately in the event of an emergency, as determined by WSDOT, if
WSDOT determines that it is in the best interest of WSDOT to terminate this Lease.
B. Upon WSDOT’s termination of this Lease, the CITY shall comply with the
balance of the terms of this Lease, including but not limited to Section 14., the ownership,
operation, maintenance, repair, and replacement of Bridge and Premises; Section 30.,
performance by WSDOT; and Section 31., the removal or relocation of Bridge and
appurtenances.
7. TERMINATION BY CITY. This Lease may be terminated by the CITY upon
five (5) years written notice to WSDOT, without penalty, and for any reason; however, the CITY
agrees to be bound by the balance of the terms of this Lease upon its termination or expiration.
The CITY expressly agrees that prior to the effective termination date it shall have removed or
relocated the Bridge and appurtenances, as further described in Section 31. herein.
8. NONAPPLICABILITY OF RELOCATION ASSISTANCE. The CITY
acknowledges that this Lease does not entitle CITY to assistance under the Uniform Relocation
and Real Property Acquisition Policy (ch 8.26 RCW) for any real or personal property owned by
any entity on the Premises.
9. ENCUMBRANCES. It is expressly understood that the CITY shall not
encumber the Premises.
10. USE OF PREMISES.
A. The CITY’s use of the Premises is limited to the construction, operation,
ownership, and maintenance of the Bridge, as provided in the General Permit, which serves to
connect part of the CITY’s public city street system that is open as a matter of right to public
vehicular traffic, excluding vehicles that require stationary rails or tracks. The underside of the
Bridge shall be no less than 18.5 feet above the paved surface of the underlying SR 167 right of
way. The CITY’s occupancy or use of the Premises and improvements, shall not interfere with
the use, safety, appearance, nor the enjoyment of the highway facility. The CITY shall design the
bridge to minimize the release of fumes, vapors, odors, drippings, droppings, or discharge of any
kind.
B. In using the Premises, CITY shall comply with all policies and regulations,
including, but not limited to chapter 47.42 RCW et seq. and WAC 468-66 et seq., heretofore
adopted or hereafter promulgated by WSDOT relative to the location, operation, and
maintenance of improvements located on the Premises.
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C. In using the Premises, it is expressly agreed that CITY shall (1) comply with all
applicable federal, state and local laws, ordinances, and regulations, including environmental
requirements that are in force or which may hereafter be in force, and (2) secure all necessary
permits and licenses for the uses of the Premises authorized in this Lease.
D. Access to the Premises is South 224th Street. Further, direct access to ramps or
traveled lanes of limited access highways is not permitted.
E. CITY shall not commit or allow to be committed any waste upon the Premises nor
allow any public or private nuisance.
F. CITY may construct improvements on the Premises as further detailed in Section
26.herein.
G. CITY’s use of the Premises shall not, in any way, interfere with the drainage of
SR 167, and the CITY shall, at its own expense, make such provision as WSDOT may direct to
remedy any drainage impacts to the state highway resulting from the CITY’s use of the Premises.
H. If the CITY fails to remedy any impacts identified in conjunction with Section
10.G. within thirty (30) calendar days of notification from WSDOT, then WSDOT may correct
said impacts at the CITY’s sole expense. The CITY shall reimburse WSDOT for said WSDOT
costs in accordance with Section 35. herein.
I. CITY shall not grant franchises within the Premises without prior written
approval from WSDOT.
11. SIGNS, DISPLAYS, OR ADVERTISING DEVICES. Signs, displays, or
advertising devices are not permitted on the Premises; provided, that street signs are permitted on
the Bridge pursuant to WSDOT standards for city street signs within limited access facilities.
12. FENCES. Any WSDOT-owned fences in place at the time of execution of this
Lease or relocated to separate the Premises from the traveled roadway will be maintained by
WSDOT for the duration of the Lease. Nothing may be attached to WSDOT’s fence without
WSDOT's prior written approval. If any fence is damaged as a result of CITY’s activities, the
CITY will immediately repair such damage at its cost and to WSDOT’s satisfaction; provided
that, if CITY fails to complete said repair immediately WSDOT may complete the repair and
CITY shall reimburse WSDOT for the costs of such repairs in accordance with Section 35.
herein.
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13. CONDITION OF THE PROPERTY. WSDOT and CITY acknowledge that
they have jointly examined the Premises and the CITY accepts said Premises in its present
condition as of the Commencement Date of this Lease.
14. OWNERSHIP, OPERATION, MAINTENANCE, REPAIR AND
REPLACEMENT OF BRIDGE AND PREMISES.
A. The CITY, as owner of the Bridge, shall perform or cause to be performed at its
sole cost and expense all operation, maintenance, repair, removal, and/or replacement of the
Bridge, city street, appurtenances, and/or all associated CITY improvements to be located on the
Premises or off the Premises that might adversely affect the Premises.
B. In the event the maintenance of the Premises requires the CITY to access an area
of WSDOT’s right of way other than the Premises, the CITY shall, prior to entry on said right of
way, notify the Bridge Maintenance Superintendent, at the address and in the manner set forth in
Section42. herein, obtain written approval from the Bridge Maintenance Superintendent, and
comply with all additional conditions as required by the Bridge Maintenance Superintendent,
including but not limited to, obtaining a permit from WSDOT.
C. WSDOT, or its agents or contractors, shall perform the regular inspection of the
Bridge structure as required by the Code of Federal Regulations 23 CFR 650, subpart C,
National Bridge Inspection Standards (NBIS), and as it may be amended or replaced. The CITY
shall be responsible for all Bridge structure inspection costs, including but not limited to
materials, equipment, labor, overtime, and per diem costs. The CITY shall contact WSDOT’s
Bridge Preservation Engineer at 360-570-2556 to enter into an agreement that will detail
inspection schedules and costs estimates. Inspections will be conducted on a twenty-four (24)
month cycle, or more frequently, as solely determined by WSDOT’s Bridge Preservation
Engineer. The CITY agrees to reimburse WSDOT for all costs of the Bridge structure
inspections performed by WSDOT, its agents or contractors. The CITY’s reimbursement to
WSDOT for said WSDOT costs shall be in accordance with Section 35. herein.
D. The CITY, as owner of the Bridge, shall be responsible for all costs to replace or
repair all damage to the Bridge and appurtenances and/or associated CITY improvements on the
Premises, or off the Premises that might adversely affect the Premises, caused by third parties,
acts of God, and/or force majeure. Any CITY work such as repair, maintenance, construction, or
reconstruction that is related to the safety or structural integrity of the Bridge structure requires
WSDOT’s prior written approval. WSDOT shall be responsible for first response activities for
impacts to SR 167 mainline originating from, or relating to, the Bridge. WSDOT shall notify the
CITY’s Street Superintendent at (253) 856-5600 immediately regarding any first response
activities. The CITY shall be responsible for, and shall reimburse WSDOT all such first response
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costs incurred by WSDOT, including but not limited to materials, equipment, labor, overtime,
and per diem costs. The CITY’s reimbursement to WSDOT for said WSDOT costs shall be in
accordance with Section 35. herein.
E. The CITY shall provide WSDOT with traffic plans for WSDOT review and
approval in advance of any CITY authorized work or activity on the Premises or off the Premises
which may result in traffic impacts to SR 167. WSDOT shall review and approve, modify, or
reject the CITY’s plans with fifteen (15) business days after receipt of plans. If WSDOT rejects
the plans, WSDOT and the CITY will cooperate to develop acceptable plans. If WSDOT incurs
costs associated with the review, approval, and coordination of such traffic control plans, it will
be at the CITY’s sole expense. Reimbursement to WSDOT for these costs shall be pursuant to
Section 35. herein.
F. During the term of this Lease, WSDOT may require the CITY to provide
additional security as may be required by WSDOT or the Department of Homeland Security,
such as, but not limited to, video surveillance of the Premises or temporary closures of the
Bridge. If WSDOT determines that additional security is required, WSDOT shall contact the
CITY to notify them of the requirements. CITY agrees to promptly comply with all such
requirements within 90 calendar days. Failure to so comply shall result in the immediate
termination of this Lease without further action and the CITY shall immediately secure the
Premises to prevent access to the Bridge. If the CITY fails to immediately secure the Premises
and prevent access to the Bridge, WSDOT may complete the work to secure and prevent access
to the Bridge, and the CITY agrees to reimburse WSDOT for all costs incurred by WSDOT in
securing the Premises and preventing access to the Bridge including but not limited to materials,
equipment, labor, overtime, and per diem costs. The CITY’s reimbursement to WSDOT for said
WSDOT costs shall be in accordance with Section 35. herein. The provisions in this section shall
survive termination of this Lease.
G. CITY agrees that it shall be additionally responsible for the following specific
maintenance and operational items located on the Premises or off the Premises if they adversely
affect the Premises, as solely determined by WSDOT, at the CITY’s sole cost and expense,
without further liability to WSDOT:
(1) Security for or policing the Premises;
(2) Removing and disposing of all signs, banners, ribbons, etc. from the
Premises;
(3) Maintenance and operation of stormwater facilities to WSDOT’s
satisfaction in accordance with WSDOT maintenance standards and practices; and in accordance
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with the CITY’s National Pollutant Discharge Elimination System (NPDES) permit
requirements.
(4) Maintaining, repairing, and ensuring the structural integrity of the Bridge
and appurtenances located on the Premises, including but not limited to repairing earthquake
damage such as cracks and concrete spalling. Any proposed repairs or structural changes on or
adjacent to the Premises will require WSDOT Bridge Preservation Engineer’s prior written
approval and may be subject to additional conditions and requirements, as deemed appropriate
by WSDOT’s Bridge Maintenance Superintendent.
H. CITY shall also be responsible for any additional cost incurred by WSDOT due to
the CITY’s occupancy of the Premises, including but not limited to:
(1) Additional cost of maintenance and operation of WSDOT’s right of way
and highway facility;
(2) Any cost needed to prevent vandalism to WSDOT property;
(3) Any cost to remove graffiti on WSDOT’s property;
(4) Any cost related to the review and approval of any necessary plans
including, but not limited to, construction and traffic control plans; and
(5) Any cost incurred by WSDOT for performing traffic control measures.
I. CITY reimbursement to WSDOT for all costs WSDOT incurs pursuant to this
section shall be in accordance with Section 35. herein.
15. ENVIRONMENTAL REQUIREMENTS.
A. CITY represents, warrants and agrees that it will conduct its activities on and off
the Premises in compliance with all applicable Environmental Laws. As used in this Lease, the
term “Environmental Laws” means all federal, state and local environmental laws, rules,
regulations, ordinances, judicial or administrative decrees, orders, decisions, authorizations or
permits, including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. §
6901, et. seq., the Clean Air Act, 42 U.S.C. § 7401, et seq., the Federal Water Pollution Control
Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right to Know Act, 42
U.S.C. § 11001, et seq., the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. § 9601, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601, et
seq., the Oil Pollution Control Act, 33 U.S.C. § 2701, et seq., and Washington or any other
comparable local, state, or federal statute or ordinance pertaining to the environment or natural
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resources and all regulations pertaining thereto, including all amendments and/or revisions to
said laws and regulations.
B. Toxic or hazardous substances are not allowed on the Premises without the
express written permission of WSDOT, under such terms and conditions as may be specified by
WSDOT. For the purposes of this Lease, “Hazardous Substances,” shall include all those
substances identified as hazardous under the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. § 9601, et seq., and the Washington Model Toxics
Control Act, RCW 70.105D et seq., including all amendments and/or revisions to said laws and
regulations, and shall include gasoline and other petroleum products. In the event such
permission is granted, the use and disposal of such materials must be done in a legal manner by
the CITY.
C. CITY agrees to cooperate in any environmental investigations conducted by
WSDOT staff or independent third parties where there is evidence of contamination on the
Premises, or where WSDOT is directed to conduct such investigation by an agency having
jurisdiction. CITY will reimburse WSDOT within thirty (30) calendar days of the date of
WSDOT’s invoice for the cost of such investigations, where the need for said investigation is
determined to be caused by CITY’s operations. CITY will promptly provide WSDOT with
notice of any inspections of the Premises, notices of violations, and orders to clean up
contamination. CITY will permit WSDOT to participate in all settlement or abatement
discussions. In the event CITY fails to take remedial measures as duly directed by a state,
federal, or local regulatory agency within ninety (90) calendar days of such notice, WSDOT may
elect to perform such work, and CITY covenants and agrees to reimburse WSDOT for all direct
and indirect costs associated with WSDOT's work, within thirty (30) calendar days of the date of
WSDOT’s invoice, where those costs are determined to have resulted from CITY’s use of the
Premises.
D. For the purposes of this Lease, “Costs” shall include, but not be limited to, all
response costs, disposal fees, investigatory costs, monitoring costs, civil or criminal penalties,
and attorney fees and other litigation costs incurred in complying with state or federal
environmental laws, which shall include, but not be limited to, the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq.; the Clean
Water Act, 33 U.S.C. § 1251; the Clean Air Act, 42 U.S.C. § 7401; the Resource Conservation
and Recovery Act, 42 U.S.C. § 6901; and the Washington Model Toxics Control Act, Ch.
70.105D RCW, et seq., including all amendments and/or revisions to said laws and regulations.
E. CITY agrees to defend, indemnify and hold harmless WSDOT from and against
any and all claims, causes of action, demands and liability including, but not limited to, any
costs, liabilities, damages, expenses, assessments, penalties, fines, losses, judgments and
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attorneys’ fees associated with the removal or remediation of any Hazardous Substances that
have been released, or otherwise come to be located on the Premises, including those that may
have migrated from the Premises through water or soil to other properties, including without
limitation, the adjacent WSDOT property, and which are caused by or result from CITY’s
activities on the Premises. CITY further agrees to retain, defend, indemnify and hold harmless
WSDOT from any and all liability arising from the offsite disposal, handling, treatment, storage,
or transportation of any such Hazardous Substances removed from said Premises.
F. The provisions of this section shall survive the termination or expiration of this
Lease.
16. WSDOT’S RESERVATION OF RIGHT TO MAINTAIN AND GRANT
UTILITY FRANCHISES AND PERMITS.
A. WSDOT reserves the right to grant all utility franchises and/or permits across the
Premises pursuant to Chapter 47.44 RCW. WSDOT also reserves the right to grant utility
franchise and permit holders the right to enter upon the Premises to maintain, repair and enhance
existing facilities and install new utilities. Such installation and maintenance by utility franchise
and permit holders will be accomplished in such a manner as to minimize any disruption to
CITY. The franchise/permit holder will be required to restore paving and grading damaged by
the installation. WSDOT also reserves the right to withdraw portions of the Premises for uses
such as, but not limited to, telecommunications transmission sites, which WSDOT determines to
be reasonably compatible with CITY’s authorized use of the Premises. Prior to the installation of
any utility, WSDOT shall conduct, or cause the applicant utility to conduct, a structural analysis
to confirm there is no additional load from any utility installed on the Bridge. WSDOT shall
obtain concurrence from the CITY’s Public Works Director prior to granting any permits or
franchises for any utility, which concurrence shall not be unreasonably withheld or delayed. The
CITY shall first obtain a permit from WSDOT prior to installation of any future CITY-owned
utilities proposed to be installed within the Premises. Except for CITY-owned utilities, the CITY
shall not be responsible for damages or any costs related to the WSDOT issued franchise/permit
holder’s use of the Premises. WSDOT agrees it will seek reimbursement for any said damages or
costs from the WSDOT issued franchise/permit holder and not the CITY.
B. The CITY shall not disturb markers installed by a franchise/permit holder and will
contact and provide notice to any franchise/permit holder and all owners of underground
facilities prior to any excavation. CITY shall contact WSDOT and call the Underground Utility
Locating Service, or its successor organization, as part of its efforts to ascertain any and all
owners of underground utility facilities and to locate the utility. CITY shall not damage legally
installed underground utilities. CITY shall comply with all applicable provisions of chapter
19.122 RCW relating to underground facilities.
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17. USE OF CITY IMPROVEMENTS. The CITY hereby authorizes
WSDOT to use the CITY improvement located on the Premises for highway purposes, including,
but not limited to, the attaching of state highway signs or notice boards. Such use shall not
unreasonably interfere with the CITY’s use of Premises. Prior to the installation of any object on
the Bridge, WSDOT shall have the sign or object and its connection to the Bridge designed.
WSDOT shall obtain approval from the CITY’s Public Works Director prior to the installation of
any object. The CITY shall not be responsible for any damage or cost related to WSDOT’s use
of the Premises. WSDOT shall pay all costs for any said damage or cost from its use, and not the
CITY.
18. USE OF RIGHT OF WAY UNDER OR ADJACENT TO STRUCTURE.
The CITY agrees to provide, monitor and maintain protection against vehicular hits or other
likely causes of damage arising from CITY’s use of the Premises to all retaining walls and to
piers exposed to such potential damage under any elevated structure to be constructed on the
Premises, including but not limited to the Bridge. Such wall and pier protection shall be provided
to the satisfaction of WSDOT.
19. TAXES, ASSESSMENTS, AND UTILITIES. The CITY agrees to pay all
assessments that benefit the Premises and/or which may hereafter become a lien on the interest
of the CITY in accordance with RCW 79.44.010. The CITY also agrees to pay all taxes that may
hereafter be levied or imposed upon the interest of the CITY or by reason of this Lease. The
CITY is responsible for and agrees to pay the cost of utilities, including, but not limited to,
surcharges, fuel adjustments, rate adjustments and taxes that serve the Premises.
20. LIENS.
A. Nothing in this Lease shall be deemed to make the CITY the agent of WSDOT for
purposes of construction, repair, alteration, or installation of structures, improvements,
equipment, or facilities on the Premises. CITY acknowledges that WSDOT may not, and shall
not, be subject to claims or liens for labor or materials in connection with such activities by the
CITY.
B. The CITY shall at all times indemnify and hold harmless WSDOT from all claims
for labor or materials in connection with construction, repair, alteration, or installation of
structures, improvements, equipment, or facilities on or within the Premises, and from the cost of
defending against such claims, including attorney fees.
C. In the event a lien is filed upon the Premises, the CITY shall:
(1) Record a valid Release of Lien;
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(2) Deposit sufficient cash with WSDOT to cover the amount of the claim on
the lien in question and authorize payment to the extent of said deposit to any subsequent
judgment holder that may arise as a matter of public record from litigation with regard to
lienholder claim; or
(3) Procure and record a bond which releases the Premises from the claim of
the lien and from any action brought to foreclose the lien.
D. Should the CITY fail to accomplish 1, 2, or 3, above, within fifteen (15) calendar
days after the filing of such a lien, the Lease shall be in default.
21. WSDOT’S RIGHT OF ENTRY AND INSPECTION.
A. WSDOT, for itself, its agents and contractors, and for the Federal Highway
Administration (FHWA), reserves the right to enter upon the Premises and improvements at any
time without notice to CITY for the purpose of inspection, maintenance, construction, or
reconstruction of the highway facility or any element thereof, to perform security audits such as
Homeland Security, or to perform environmental audits as provided for elsewhere in this Lease.
WSDOT shall notify the CITY’s Transportation Engineer at (253) 856-5500 prior to any lane
closure on the Bridge.
B. WSDOT and FHWA may enter upon the Premises at any time without prior
notice for the purpose of inspecting any excavation, construction, or maintenance work being
done by CITY. In addition, WSDOT and FHWA may enter upon CITY-owned improvements on
the Premises at any time and without prior notice, for the purpose of inspection, maintenance,
and repair of said improvements.
C. The CITY shall not be compensated for any loss of the use of the Premises due to
WSDOT’s exercise of the rights in this section. Further, WSDOT shall in no way be responsible
for any incidental or consequential damages due to such loss of use, if any, by the CITY.
22. INSURANCE.
A. At its sole expense, the TENANT shall secure and maintain in effect a policy
providing commercial general liability insurance issued by an insurer licensed to conduct
business in the State of Washington. The insurance policy shall provide liability coverage for
any and all claims of bodily injury, property damage, and personal injury arising from the
TENANT's use of the Premises which is the subject of this Agreement. The insurance policy
required by this section shall provide coverage as follows: primary coverage limits of not less
than One Million and no/100 Dollars ($1,000,000.00) bodily injury and property damage or
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combined single limit of liability per occurrence, with a general annual aggregate limit of not
less than Two Million and no/100 Dollars ($2,000,000.00). Such aggregate limits shall apply for
this Premises location, and coverage under said policy shall be triggered on an "occurrence
basis," not on a "claims made" basis. In addition, the TENANT shall provide excess liability
coverage with annual limits of not less than $10,000,000.00 per occurrence and in the aggregate,
which will provide coverage at least as broad as the primary cover ages set forth herein. These
excess liability limits shall be reduced to $5,000,000.00 upon acceptance of the completed bridge
structure and appurtenances described in section 1.A. above.
B. The coverage required by this section shall be at least as broad as that provided by
the most current Commercial General Liability Policy form ISO (Insurance Services Office, Inc.)
policy form CG 00 01 01 07, or its equivalent without modification.
In addition, prior to the undertaking of any work, or any use of the Premises, in
connection with any activities arising out of or related to the performance of this Agreement by a
contractor, subcontractor, consultant or sub-consultant (together hereinafter “Contractors”) of the
TENANT, TENANT shall require that any such Contractor(s) obtain the insurance coverage set
forth below and shall submit to WSDOT evidence that such Contractor(s) has obtained
comprehensive general liability coverage under form CG 0001, naming WSDOT and the State as
an additional insured as set forth in Section C below. The additional insured endorsement shall
contain no restrictions or limitations with respect to “completed operations”, “ongoing
operations” or the “active negligence” of WSDOT and/or the State. This coverage shall be
primary and non contributory and shall include a waiver of all rights of subrogation the insurer
may have against WSDOT and the State. This coverage shall be on a “per occurrence” basis
with limits of not less than the following:
Bodily Injury Liability, including $2,000,000/$4,000,000
Auto bodily injury per occurrence/aggregate
Property Damage Liability, including $2,000,000/$4,000,000
Auto property damage liability (if applicable) per occurrence/aggregate
Should TENANT require limits of insurance which are greater than as set forth
above, those higher limits shall also apply to the coverage to be afforded WSDOT and the State.
Evidence of the required insurance shall be submitted prior to the start of any performance of
work, or any use of the Premises under the Agreement on a standard ACCORD Form, with
copies of the relevant additional insured and waiver of subrogation endorsements attached.
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TENANT shall require its contractor(s) to maintain such insurance during the
entirety of the contract period.
C. The State of Washington, its officers, agencies, officials, agents and employees
(the “Additional Insureds”) shall be named as an additional insured by endorsement of the
general liability and pollution liability policies required by this section utilizing ISO Form CG
2010 or its equivalent without modification during the course of any construction at the
Premises, and form CG 2026 or its equivalent without modification, at the conclusion of
activities arising out of or related to the performance of this Agreement by Contractors of the
TENANT. “Operations” under these endorsements shall include TENANT’s products. The
endorsements shall also state that this insurance shall be primary and non contributory with
respect to any other applicable insurance which may be maintained by the Additional Insureds.
The additional insured endorsements shall contain no restrictions or limitations with respect to
“completed operations,” “ongoing operations,” or the “active negligence” of WSDOT and/or the
State. The coverage shall include a waiver of all rights of subrogation the insurer may have
against WSDOT and the State. This coverage shall be on a “per occurrence” basis. The
TENANT shall provide WSDOT with not less than thirty (30) days written notice after learning
of any cancellation of the coverage required by this section.
D. Unless approved by WSDOT in advance and in writing, the liability coverage
required by this section shall not be subject to any deductible or self-insured retentions of
liability greater than Five Thousand and no/100 Dollars ($5,000.00) per occurrence. The
payment of any such deductible or self-insured retention of liability amounts remains the sole
responsibility of the TENANT.
E. The insurance coverages required under this section shall be kept in full force and
effect throughout the duration of this Agreement. TENANT assumes all obligations for premium
payments, and in the event of nonpayment, the TENANT is obligated to reimburse WSDOT the
cost of maintaining the insurance coverage and any legal fees incurred in enforcing such
reimbursement should the TENANT fail to pay the policy premiums.
F. Coverage obtained by the TENANT in compliance with this section shall not be
deemed as having relieved the TENANT of any liability in excess of such coverage.
G. The TENANT shall provide WSDOT with a certificate of insurance reflecting the
insurance coverage required by this section within ten (10) business days of the execution of this
Agreement. Such certificates shall also be provided upon renewal of said policies and changes in
carriers.
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H. No changes whatsoever shall be initiated as to the coverage without prior written
approval by WSDOT and written authorization by WSDOT to make any requested changes.
I. In lieu of the commercial insurance required above, TENANT and WSDOT may
mutually agree, in writing, upon an appropriate program of commercial insurance, self-
insurance, or any combination thereof in amounts and types sufficient to satisfy TENANT’s
liabilities under this Agreement.
J. TENANT agrees that WSDOT, when it deems reasonably necessary, may
require liability limit increases for the coverages required by this section during the term of this
Agreement and any extensions thereof. In such cases, WSDOT shall provide written notice to
TENANT of any coverage increase requirements at least 60 days prior to the date on which
WSDOT requires such increases to go into effect.
23. ALLOCATION OF LIABILITY
A. Hold Harmless/Indemnification. The CITY, its successors and assigns, will
protect, save, and hold harmless WSDOT, its authorized agents and employees, from all claims,
actions, costs, damages, (both to persons and/or property) or expenses of any nature whatsoever
by reason of the acts or omissions of the CITY, its assigns, agents, contractors, invitees,
employees, or any person whomsoever, arising out of or in connection with any acts or activities
related to this Lease, whether those claims, actions, costs, damages, or expenses result from acts
or activities occurring on or off the Premises. The CITY further agrees to defend WSDOT, its
agents or employees, in any litigation, including payment of any costs or attorney’s fees, for any
claims or actions commenced, arising out of, or in connection with acts or activities related to
this Lease, whether those claims, actions, costs, damages, or expenses result from acts or
activities occurring on or off the Premises. This obligation shall not include such claims, actions,
costs, damages, or expenses which may be caused by the sole negligence of WSDOT or its
authorized agents or employees; provided, that if the claims or damages are caused by or result
from the concurrent negligence of (1) WSDOT, its agents or employees, and (2) the CITY, its
assigns, agents, contractors, invitees, employees, or involves those actions covered by RCW
4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the
negligence of CITY or its assigns, agents, contractors, invitees, or employees.
B. Waiver. The CITY agrees that its obligations under this section extend to any
claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents
while performing construction, operation, and/or maintenance work while located on the
Premises. For this purpose, THE CITY, BY MUTUAL NEGOTIATION, HEREBY WAIVES
WITH RESPECT TO WSDOT ONLY, ANY IMMUNITY THAT WOULD OTHERWISE BE
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AVAILABLE TO IT AGAINST SUCH CLAIMS UNDER THE INDUSTRIAL INSURANCE
PROVISIONS of Chapter 51.12 RCW.
C. The CITY agrees that it shall be directly liable to WSDOT for all damages caused
to the state highway facility and/or right of way, resulting from the CITY’s construction,
reconstruction, maintenance, use, and/or occupancy of the Premises.
D. The indemnification and waiver provisions contained in this section shall survive
the termination or expiration of this Lease.
24. PERSONAL PROPERTY. WSDOT shall not be liable in any manner for, or on
account of, any loss or damage sustained to any property, including but not limited to the Bridge,
of whatsoever kind stored, kept, or maintained on or about the Premises, except for such claims
or losses that may be caused by WSDOT or its authorized agents or employees. Upon
termination of this Lease, WSDOT or its agent may remove all non-WSDOT property remaining
on the Premises at CITY’s expense and dispose of it in any manner WSDOT deems appropriate.
CITY agrees to reimburse WSDOT for the costs of such removal and disposal within thirty (30)
calendar days of the date of WSDOT's invoice pursuant to Section 35. herein, except that
WSDOT shall pay the costs of removal and disposal of WSDOT property.
25. ADDITIONAL CONSTRUCTION PROHIBITED. Except as provided in
Section 26. herein, no new construction by the CITY is permitted for the duration of this Lease,
except as may be approved in advance and in writing by WSDOT and subject to any additional
terms and conditions, as solely determined by WSDOT.
26. WSDOT’S APPROVAL OF DESIGN AND CONSTRUCTION. The CITY
and WSDOT have entered into General Permit No. GCB 2393 (GCB 2393), attached as Exhibit
B. GCB 2393 sets forth the terms and conditions applicable to the CITY’s initial Bridge
construction activities, including, but not limited to, General Provisions, Special Provisions,
Right of Way Plan, and Construction Plans. During the initial construction of the CITY’s Bridge
Project, the terms and conditions of GCB 2393 shall apply to the CITY’s activities on the
Premises. Upon WSDOT’s issuance of the Notice of Final Acceptance and Approval pursuant to
the Special Provisions of GCB 2393, GCB 2393 shall terminate and all future use of the Premise
is governed by the terms and conditions of this Lease.
27. NONCOMPLETION OF CONSTRUCTION. In the event that this Lease
authorizes the construction of improvements, unless the time or times for completion are
extended in writing by WSDOT, WSDOT may, at its option, terminate this Lease, without
penalty or further liability if:
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A. Construction of the improvements is not begun within one hundred eighty (180)
calendar days of the Commencement Date; and
B. Construction of the Bridge is not prosecuted to completion with reasonable
adherence to a construction schedule that allows not more than five hundred fifty (550) calendar
days from the start to the finish of construction.
28. NONDISCRIMINATION. CITY, for itself, its successors and assigns, as part
of the consideration hereof, does hereby agree to comply with all applicable civil rights and
antidiscrimination requirements, including, but not limited to, chapter 49.60 RCW.
29. ASSIGNMENT; NON-HIGHWAY PURPOSE USE.
A. Neither this Lease nor any rights created by it may be assigned, sublet, or
transferred.
B. In the event that the CITY uses, or allow others to use, any portion of the
Premises for non-highway purposes, whether by written or oral agreement, without WSDOT’s
prior written approval, WSDOT, in addition to or in lieu of terminating this Lease for default,
and in addition to any damages it may experience, may demand all or a share of any revenue
generated by such unauthorized use. WSDOT shall set the amount of said share, and its decision
shall be final and binding. WSDOT may demand such share at any time during the term of this
Lease. The CITY shall pay said share to WSDOT within thirty (30) calendar days of demand as
provided in Section 35 herein. The CITY agrees to pay said share retroactively to the date the
unauthorized non-highway use of the Premises commenced. Furthermore, such unauthorized use
shall not relieve the CITY hereunder from all of its obligations under this Lease, including, but
not limited to, the maintenance of insurance.
30. PERFORMANCE BY WSDOT. If CITY defaults in the performance or
observation of any covenant or agreement contained in this Lease, WSDOT, without notice if
deemed by WSDOT that an emergency exists, or if no emergency exists, with thirty (30)
calendar days prior written notice, may direct CITY to stop work and may itself perform or cause
to be performed such covenant or agreement and may enter upon the Premises for such purpose.
Such emergency shall include, but not be limited to, endangerment of life, the highway facility or
failure of CITY to obtain in a timely manner the specified insurance coverage. CITY shall
reimburse WSDOT the entire cost and expense of such performance by WSDOT within thirty
(30) calendar days of the date of WSDOT’s invoice pursuant to Section 35. herein. Any act or
thing done by WSDOT under the provisions of this section shall not be construed as a waiver of
any agreement or condition herein contained or the performance thereof.
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31. DISPOSITION OF IMPROVEMENTS. The CITY acknowledges and agrees
that its use of the Premises is subject to WSDOT’s plenary authority to use its limited access
right of way for state highway purposes, which includes but is not limited to the widening and/or
relocation (horizontally or vertically) of SR 167. Further, the CITY acknowledges and agrees
that should WSDOT require the full use of its right of way, including the full or partial use of the
Premises, for WSDOT purposes, such as but limited to the operation, maintenance, construction,
or reconstruction of SR 167, WSDOT shall terminate this Lease as provided herein, and the
CITY agrees to remove the improvements it has made to the Premises, including, but not limited
to, the Bridge from WSDOT’s right of way and Premises at the CITY’s sole cost and expense
prior to the effective termination date. Should the CITY fail to remove said improvements by
such date, WSDOT may remove said improvements at CITY’s sole cost and expense, and the
CITY agrees to reimburse all such costs in accordance with Section 35. herein.
32. WSDOT ACCESS TO REMOVE IMPROVEMENTS. In the event the CITY
fails to remove improvements or restore the Premises to WSDOT’s satisfaction, then if necessary
or desirable in WSDOT’s judgment for reasons of safety or economy, WSDOT or its agents shall
have the right to cross any lands owned or otherwise controlled by the CITY for the purpose of
accomplishing said removal or restoration. Said right shall expire five (5) years after the date of
termination of this Lease, or when removal and restoration is complete in WSDOT's judgment,
whichever is the earlier.
33. RESTORATION OF SITE. Prior to termination of this Lease, the CITY agrees
to restore the Premises to its condition prior to CITY’s occupancy, reasonable wear and tear
excepted. This work is to be done at CITY’s expense and to the satisfaction of WSDOT.
34. VACATION OF PREMISES. Upon termination of this Lease, the CITY shall
cease its operations on and/or use of the Premises. In the event the CITY fails to vacate the
Premises on the date of termination, the CITY shall be liable for any and all costs to WSDOT
arising from such failure and the CITY agrees to reimburse all such costs in accordance Section
35.herein.
35. INVOICE AND PAYMENTS.
A. The CITY shall reimburse WSDOT for all costs incurred by WSDOT under this
Lease. WSDOT shall notify the CITY prior to the start of any work on the Bridge and/or
appurtenances, unless the work is done as an emergency as determined solely by WSDOT.
WSDOT shall provide detailed invoices to the CITY, and the CITY agrees to pay WSDOT
within thirty (30) calendar days from the date of the WSDOT invoice. Invoices shall be based on
costs, including but not limited to materials, equipment, labor, overtime, and per diem costs.
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B. Payments shall be made payable to the Washington State Department of
Transportation. All payments shall be mailed or delivered to:
DEPARTMENT OF TRANSPORTATION (Mailing Address)
Attn.: Property Management Program Manager
P.O. Box 47339
Olympia, WA 98504-7339
DEPARTMENT OF TRANSPORTATION (Physical Address)
Real Estate Services
Attn.: Property Management Program Manager
7345 Linderson Way SW
Tumwater, WA 98501
C. The CITY agrees that if payment or arrangement for payment of any of WSDOT’s
invoices for costs covered in this Lease are not made to WSDOT within forty-five (45) calendar
days after the date of WSDOT’s invoice, WSDOT shall be entitled to withhold and expend the
total sum due, including late payment and interest, if any, from the CITY’s regular monthly
Motor Vehicle Fund fuel tax allotments.
D. Charge for Late Payment, NSF checks. If any sums payable to WSDOT under this
Lease are not received by the fifth (5th) calendar day following its due date, CITY shall pay
WSDOT, in addition to the amount due, for the cost of collecting and handling such payment, an
amount equal to the greater of ONE HUNDRED and NO/100 dollars ($100.00) or five percent
(5%) of the delinquent amount. In addition, all delinquent sums payable by CITY to WSDOT
and not received by the fifth (5th) calendar day following its due date shall, at WSDOT’s option,
bear interest at the rate of twelve percent (12%) per annum, or the highest rate of interest
allowable by law, whichever is greater; provided that if the highest rate allowable by law is less
than twelve percent (12%), interest charged hereunder shall not exceed that amount. Interest on
all delinquent amounts shall be calculated from the original due date to the date of payment. Also
there shall be a charge for any check returned uncollectible in accordance with WAC 468-20-
900. WSDOT and CITY agree that such charges represent a fair and reasonable estimate of the
costs incurred by WSDOT by reason of late payments and uncollectable checks.
E. WSDOT’s acceptance of late payment charges and/or any portion of the overdue
payment shall in no event constitute an accord and satisfaction, compromise of such payment, or
a waiver of CITY’s default with respect to such overdue payment, nor prevent WSDOT from
exercising any other rights and remedies granted in this Lease.
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F. When a delinquency exists, any payments received will be applied first to the late
payment charge and late payment fees and next to the delinquent payment.
36. BINDING CONTRACT. This Lease shall not become binding upon WSDOT
unless and until executed for WSDOT by the Secretary of Transportation or his/her duly
authorized representative.
37. ATTORNEYS’ FEES. In the event of any controversy, claim, or dispute arising
out of this Lease, each party shall be solely responsible for the payment of its own legal
expenses, including but not limited to, attorney’s fees and costs.
38. MODIFICATIONS. This Lease contains all the agreements and conditions
made between the parties hereto pertaining to the rental of the Premises and may not be modified
orally or in any other manner other than by a written agreement signed by all parties hereto. The
receipt of rent by WSDOT, with knowledge of any breach of this Lease by the CITY, and/or
with knowledge of any default on the part of the CITY shall not be deemed to be a waiver of any
provision of this Lease. Failure on the part of WSDOT to enforce any covenant or provision
herein contained shall not discharge or invalidate such covenant or provision or affect the right
of WSDOT to enforce the same in the event of any subsequent breach or default.
39. INTERPRETATION. This Lease shall be governed by and interpreted in
accordance with the laws of the state of Washington. The titles to paragraphs or sections of this
Lease are for convenience only and shall have no effect on the construction or interpretation of
any part hereof.
40. SEVERABILITY. In case any one or more of the provisions contained in this
Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this
Lease shall be construed as if such invalid, illegal or unenforceable provision had never been
contained herein.
41. VENUE. CITY agrees that the venue of any action or suit concerning this Lease
shall be in the Thurston County Superior Court and all actions or suits thereon shall be brought
therein, unless applicable law requires otherwise.
42. DISPUTE RESOLUTION.
A. The following individuals, or their successors, are the Designated Representatives
for the purpose of resolving disputes that arise under this Lease:
WSDOT: Bridge Maintenance Superintendent
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10833 Northup Way NE
Bellevue, WA 98004
CITY: City of Kent Department of Public Works
Public Works Director
400 W Gowe Street
Kent, WA 98032
B. WSDOT Designated Representative and the CITY Designated Representative
shall confer to resolve disputes that arise under this Lease as requested by either party. The
Designated Representatives shall use their best efforts and exercise good faith to resolve such
disputes.
C. In the event the Designated Representatives are unable to resolve the dispute, the
appropriate WSDOT Regional Administrator and the Mayor for the CITY shall confer and
exercise good faith to resolve the dispute.
D. In the event WSDOT Regional Administrator and the Mayor for the CITY are
unable to resolve the dispute, the parties may, if mutually agreed in writing, submit the matter to
non-binding mediation. The parties shall then seek to mutually agree upon the mediation process,
who shall serve as the mediator, and the time frame in which the parties are willing to discuss the
disputed.
E. Each party shall bring to the mediation session, unless excused from doing so by
the mediator, a representative from its side with full settlement authority. In addition, each party
shall bring counsel and such other persons as needed to contribute to a resolution of the dispute.
The mediation process is to be considered settlement negotiations for the purpose of all state and
federal rules protecting disclosures made during such conference from later discovery or use in
evidence; provided that, any settlement executed by the parties shall not be considered
confidential and may be disclosed. Each party shall pay its own costs of mediation and equally
share in the cost of the mediator. The venue for the mediation shall be in Olympia, Washington,
unless the parties mutually agree in writing to a different location.
F. If the parties cannot mutually agree as to the appropriateness of mediation, the
mediation process, who shall serve as mediator, or the mediation is not successful, then either
party may institute a legal action in the county of Thurston, state of Washington, unless another
venue is mutually agreed to in writing. The parties agree that they shall have no right to seek
relief in a court of law until and unless each of the above procedural steps has been exhausted.
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43. TOTALITY OF AGREEMENT. It is understood that no guarantees,
representations, promises, or statements expressed or implied have been made by WSDOT
except to the extent that the same are expressed in this Lease.
44. NOTICES. Wherever in this Lease written notices are to be given or made, they
will be served, personally delivered or sent by certified or overnight mail addressed to the parties
at the address listed below unless a different address has been designated in writing and
delivered to the other party. CITY agrees to accept service of process at said address.
WSDOT: DEPARTMENT OF TRANSPORTATION (Mailing Address)
Attn.: Property Management Program Manager
P.O. Box 47338
Olympia, WA 98504-7338
DEPARTMENT OF TRANSPORTATION (Physical Address)
Real Estate Services
Attn.: Property Management Program Manager
7345 Linderson Way SW
Tumwater, WA 98501
WSDOT: DEPARTMENT OF TRANSPORTATION
Attn: Bridge Maintenance Superintendent
10833 Northup Way NE
Bellevue, WA 98004
Phone: 425-739-3700
WSDOT: DEPARTMENT OF TRANSPORTATION
Attn: Bridge Preservation Engineer
Mail Stop 47340
7345 Linderson Way SW
Tumwater, WA 98501
Phone: 360-570-2556
CITY: CITY OF KENT
Attn.: Public Works Director
400 W Gowe Street
Kent, WA 98032
Phone: 253-856-5500
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IN WITNESS WHEREOF, the parties have executed this Lease as of the date of WSDOT’s
execution written below.
Accepted and Approved by:
CITY OF KENT WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
By: ___________________________________ By: _________________________________
Mayor, City of Kent Lorena Eng
Regional Administrator, NW Region
Dated: ________________________________ Dated: ______________________________
APPROVED AS TO FORM
By: _________________________________
Assistant Attorney General
_____________________________, 20____
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AGENCY ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this ________ day of ________________, 20______ before me personally appeared
_____________________________, to me known to be the duly appointed
__________________________________________ and that he/she executed the within and
foregoing instrument and acknowledged the said instrument to be his/her free and voluntary act
and deed of said city of Kent, for the uses and purposes therein set forth, and on oath Lessees
that he/she was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
_____________________ day of __________________________________, 20_____.
__________________________________________
(Signature)
__________________________________________
(Print or type name)
Notary Public in and for the State of Washington
residing at________________________________
My commission expires ____________________
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WSDOT AGENCY ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this ___________________ day of ____________________________, 20_____ before me
personally appeared Lorena Eng, to me known to be the duly appointed Regional Administrator,
Northwest Region, and that she executed the within and foregoing instrument and acknowledged
the said instrument to be the free and voluntary act and deed of said state of Washington, for the
uses and purposes therein set forth, and on oath states that she was authorized to execute said
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
__________ day of _________________________, 20_____.
__________________________________________
(Signature)
__________________________________________
(Print or type name)
Notary Public in and for the State of Washington
residing at________________________________
My commission expires ____________________
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Agenda Item: Consent Calendar – 7H_
TO: City Council
DATE: September 19, 2017
SUBJECT: 2017 Asphalt Grinding – Accept as Complete
SUMMARY: This project consisted of asphalt pavement work that was performed by
the City of Kent Street Crew.
The final contract amount came in at $42,700 which was $20,000 under budget.
EXHIBITS: None
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: This contract was paid for by budgeted B&O and Solid Waste
Utility tax capital funds.
MOTION: Authorize the Mayor to accept the 2017 Asphalt Grinding Project
as complete and release retainage to Statewide Parking Lot Services, Inc.
upon receipt of standard releases from the state and the release of any
liens.
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Agenda Item: Consent Calendar – 7I_
TO: City Council
DATE: September 19, 2017
SUBJECT: 2018-2020 Target Zero Manager Funding Agreement – Authorize
SUMMARY: For many years, the Kent Police Department has supplied the Target
Zero Manager, who serves South King County, now known as Region 8. The current
Target Zero Manager role is filled by John Pagel, who also serves as one of the City’s
Community Education Coordinators. This grant agreement reimburses the City a
portion of the salary and benefits dedicated to the Target Zero campaign at $64,500
per year.
The Target Zero Strategic Highway Safety Plan aims at eliminating all fatality and
serious injury collisions by the year 2030. Under the grant agreement, the Target
Zero Manager will work to coordinate the education and enforcement efforts of the
King County Target Zero Task Force in support of the Target Zero Plan.
The new grant agreement will extend this funding on a reimbursement basis for
another three years.
EXHIBITS: Interagency Agreement
RECOMMENDED BY: Public Safety Committee
YEA: Berrios, Ralph, Thomas NAY:
BUDGET IMPACTS: None
MOTION: Authorize the Mayor to accept grant funds in the total amount of
$193,500 from the Washington State Traffic Safety Commission to fund the
Region 8 (South King County) Target Zero Manager position, amend the
budget and sign all documents necessary, subject to final terms and
conditions acceptable to the Police Chief and City Attorney.
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7
CONTRACT FOR SERVICES
BETWEEN THE
WASHINGTON TRAFFIC SAFETY COM¡iIISSION
AND
KENT POLICE DEPARTMENT
THIS CONTRACT is made and entered into by and between the Washington Traffic Safety
Commission, hereinafter referred to as "WTSC," and KENT POLICE DEPARTMENT, hereinafter
referred to aS "CONTRACTOR.'
CONTRACTOR contact info:
Name: Kenneth E. Thomas, Chief of Police
Address: 220 4th Avenue South, Kent, WA 98032
Phone: 253-856-5890
Email : kthomas@kentwa.gov
NOW THEREFORE, in consideration of the terms, conditions, covenants, and perfornance
contained herein, or attached and incorporated and made a part hereof, the Parties mutually
egree as follows:
I. THE PURPOSE OF THIS CONTRACT
The purpose of this Contract is to provide funding, provided by state appropriations, for work to be
accomplished under traffic safety grant project TZM?O - L
The Region 8 Target Zero Manager is responsible for the development, implementation, and overall
management of local traffic safety programs in southern King County. The TZM will monitor federal
and state funded traffic safety projects throughout Region I and collaborate with a diverse team of
private, public, and non-profit stakeholders to effectively carry out proven strategies to reduce vehicular
fatalities and serious injuries. They work closely with peers in analyzing complex problems and
developing innovative solutions. Examples of their work include:
. Coordinate public outreach and law enforcement patrols
. Give presentations at city council meetings to provide city leaders with traffic safety data and
information about local projects to address identified needs.
. Facilitate a task force focused on traffic safety in the region, bringing together representatives from
law enforcement and other stakeholder groups.
. Manage federal and state grant funding for traffic safety projects.
Total award amount for FFY201 8 - FFY2020: $193,500.
3ï-PERIOD OF FERFORilIANGE
The period of performance of this Contract shall commence upon the date of execution by both Parties
or October, 1,2077, whichever is later, and remain in effect until September 30, 2020, unless
terminated sooner, as provided herein.
3. STATEnTENT OF WORII
The CONTRACTOR shall carry out the provisions of the Gontract described here as the Statement of
Work (SOW):
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This contract will require the CONTRACTOR'S level of effort to be at a minimum of 30 hours per week.
The following set of core tasks are required and will support the CONTRACTOR in expanding the
scope of work as described below.
Core Tasks
a. Support traffic safety task force activities in Region 8.i. Plan and Conduct monthly or quarterly task force meetings,
i¡. Maintain task force membership and develop new partnerships with
local/regional/tribal stakeholders This should include representatives from
private, non-profit, and governmental entities, as well as community volunteers.
iii. Develop and update annually a plan that includes a selection of issues that the
task force has identified as priorities and countermeasure strategies that will be
followed to address them.
iv. Utilize the county or regional Law Enforcement Liaison in supporting task force
priorities.
v. Participate in the planning of one recognition event or process per year to
recognize people in the region who are selected by the task force for a traffic
safety award.
b. Coordinate High Visibility Enforcement and Media Campaignsi. Determine funding amounts for each participating law enforcement agency.
¡¡. Create and submit signed interagency agreements for each participating law
enforcement agency.
iii. Monitor interagency agreements for budget and performance.
iv. Assist in the development and distribution of news releases and other strategies
to educate the public about enforcement activities.
v. Conduct community outreach one week prior and during the statewide
campaigns.
vi. Develop High Visibility Enforcement and Media enforcement plans quarterly.
vii. Develop localized media creative to support High Visibility Enforcement and
patrols (not required for all enforcement activities).
Community Outreach and Engagement
a. Generate awareness and news media around Target Zero Plan priorities.
b. Create unpaid media opportunities via social media, web, print, radio, and other media
formats
c. Submit, with the support of the AGENCY, at least 1 letter to the editor article about a
tratfic safety issue to local newspapers per year in Region 8.
d. Conduct at least 2 presentations per quarter to community leadership groups to increase
awareness of localtraffic safety issues. Potential audiences include community
coalitions, civic groups, PTAs, employers, task force agencies, local government
meetings, etc.
e. Conduct at least I victim dedication event in your region per calendar year.
Local Needs Assessment
a. The CONTRACTOR, using Washington's Strategic Highway Safety Plan: Target Zero@
and input from community stakeholders, will conduct a needs assessment and identify
traffic safety priorities for Region 8. The CONTRACTOR will use this information to
develop deliverables to be proposed as additions to the scope of work for this contract.
The CONTRACTOR will submit a proposal detailing this information to the RFP
Coordinator by January 31, 2018 for review and approval,
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lV. Attend training or conference events as required by the WTSC
3.-T.,MTLESTONES ANp PELTVERABLES
The CONTRACTOR shall meet the milestones and make the deliverables as set forth in this section
3.2 COMPENSATION
The cost of accomplishing the work described in the SOW will not exceed $193,500. Payment for
satisfactory performance of the work shall not exceed this amount unless the Parties mutually agree to
a higher amount in a written Amendment to this Contract executed by both Parties,
3.3 SUMMARY OF CONTRACT COSTS
The costs for the work under the SOW to be provided by the CONTRACTOR or CONTRACTOR'S
SUB-CONTRACTOR are as shown in the table below. Funding for this contract will be divided equally
in 3 periods. Funds expire at the end of each period on September 30.
Salaries and
Benefits Total
Year 1:Oct 1,2017 -Sept 30,2018 $64.500 $64,500
Year 2: Oct 1, 2018 - Sept 30, 2019 $64,500 $64.500
Year 3: Oct 1, 2019- Sept 30, 2020 $64,500 $64,500
Totalfor 3 vear Contract $193,500 $193,500
Milestone OR Deliverable Description Gompleted by Date
Develop or update a plan that includes a selection of issues that the regional
task force has identified as priorities and countermeasure strategies that will
be followed to address them.03t31t2018
Complete a tratfic safety needs assessment for the assigned region 01t31t2018
Facilitate traffic safety task force meetings at least quarterly.09/30/2018
Assist law enforcement agencies with WEMS implementation of HVE and
other grants.09t30t2018
Conduct at least 2 presentations per quarter to leadership groups in the
region.09/30/2018
Conduct at least 1 event that is dedicated to a victim of a traffic safety crash 09t30t2018
Generate or support public outreach efforts through social media, web, print,
radio, or other media formats.09i30/2018
Support the recognition of law enforcement officers in the assigned region
that perform at high levels at traffic safety enforcement and outreach.09t30t2018
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4. DEF¡NITIONS:
4.1 As used throughout this Contract, the following terms shall have the meaning set forth below:
4.1 .1 . 'WTSC" shall mean the Washington Traffic Safety Commission of the state of Washington, any
divisíon, section, office, unit, or other entity of the WTSC, or any of the officers or other officials lawfully
representing that WTSC.
4.1.2. "AGENT" shall mean the WTSC Director and/or the delegate authorized in writing to act on the
Director's behalf.
4.1.3. "CONTRACTOR" shall mean the firm, provider, organization, individual, or other entity
performing services under this Contract, and shall include all employees of the CONTRACTOR.
4.1.4. "SUB-CONTRACTOR" shall mean one not in the employment of the CONTRACTOR, who is
performing all or part of those services under this Contract or under a separate Contract with the
CONTRACTOR. The terms "SUB-CONTRACTOR" and "SUB-CONTRACTORS" meanS SUB-
CONTRACTOR in any tier.
APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS:
5. AGTIVITY REPORTS
5.1. The CONTRACTOR agrees to submit monthly activity reports to WTSC using a format agreed
upon by both Parties. Contents of the report shall include at a minimum:
5.1.1. Tasks accomplished in the reporting period.
5.1.2. Tasks planned forthe upcoming reporting period.
5.1.3. Description of all problems found and/or corrected, and steps taken to avoid similar problems in
the future.
6. ADVANCE PAYIUIENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Contract
shall be made by the WTSC.
7. AGREEMENT ALTERATIONS AND AMENDMENTS
This Contract may be amended by mutual agreement of the Parties in the form of a written Amendment
to this Contract. Such amendments shall only be binding if they are in writing and signed by personnel
authorized to bind each of the Parties.
8. ALL WRITINGS CONTAINED HEREIN
This Contract contains allthe terms and conditions agreed upon by the Parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the Parties hereto.
9. ASSIGNMENT
The CONTRACTOR may not assign the work to be provided under this Contract, in whole or in part,
without the express prior written consent of the WTSC, which consent shall not be unreasonably
withheld. The CONTRACTOR shall provide the WTSC a copy of allthird-party contracts and
agreements entered into for purposes of fulfilling the SOW. Such third-party contracts and agreements
must follow applicable federal, state, and local law, including but not limited to procurement law, rules,
and procedures. lf any of the funds provided under this Contract include funds from NHTSA, such third-
party contracts and agreements must include the federal provisions set forth in this Contract in sections
35 through 43.
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rO, ATTORNEYS'FEES
ln the event of litigation or other action brought to enforce the Contract terms, each Party agrees to
bear its own attorney fees and costs.
II. BILLING PROCEDURE
The GONTRACTOR shallsubmit monthly invoices for reimbursement to WTSC with supporting
documentation as WTSC shall require. All invoices for reimbursement shall be submitted using a
standard Form A-19 provided by WTSC or its pre-approved equivalent. Payment to the CONTRACTOR
for approved and completed work will be made by warrant or account transfer by WTSC within 30 days
of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Contract,
any claim for payment not already made shall be submitted within 45 days after the expiration date of
this Contract, All invoices for goods received or services performed on or prior to June 30, 2018, must
be received by WTSC no later than August 10, 2018. All invoices for goods received or services
performed between July 1 , 2018, and September 30, 2018, must be received by WTSG no later than
November 15, 2018.
!2., CONFTDENTTALTTY t $AEEGUARDTNG OF TNFORMATTON
The CONTRACTOR shall not use or disclose any information concerning the WTSC, or information
which may be classified as confidential, for any purpose not directly connected with the administration
of this Contract, except with prior written consent of the WTSC, or as may be required by law.
13. GOVENANT AGAINST CONTINGENT FEES
The CONTRACTOR warrants that it has not paid, and agrees not to pay, any bonus, commission,
brokerage, or contingent fee to solicit or secure this Contract or to obtain approval of any application for
federal financial assistance for this Contract. The WTSC shall have the right, in the event of breach of
this section by the CONTRACTOR, to annul this Contract without liability.
14. DTSPUTES
14.1. Except as otherwise provided in this Contract, when a dispute arises between the Parties and it
cannot be resolved by direct negotiation, either Party may request a dispute review by the AGENT.
14.2. The request for a dispute review ("Requestor's Statement") must:
14.2.1. Be in writing.
14.2.2. State the disputed issue(s).
14.2.3. State the relative positions of the requester's Party.
14.2.4. State the Designated Contact's name, address, and telephone number.
14.2.5. Be submitted by mail or electronic conespondence (email) to the AGENT and the other Party's
Designated Contact within three working days after the Parties agree that they cannot resolve the
dispute.
14.3. Within five working days after receipt of the Requestor's Statement, the other Party's Designated
Contact shall send a written response to the Requester's Statement to both the AGENT and the
requester.
14.4. The AGENT shall review the written statements and provide a resolution reply in writing to both
Parties within 10 working days after receiving the second Party's written response. The AGENT may
extend this period if necessary to allow more time for review or to collect more information from the
Parties by notifying both Parties.
14.5. The Parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
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14.6. Nothing in this Contract shall be construed to limit the Parties' choice of a mutually-acceptable
alternate dispute resolution method in addition to or in lieu of the dispute resolution procedure outlined
above.
I5. GOVERNANCE
15.1. This Contract is entered into pursuant to and under the authority granted by the laws of the state
of Washington and any applicable federal laws. The provisions of this Contract shall be construed to
conform to those laws.
15.2. ln the event of an inconsistency in the terms of this Contract, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following
order:
15.2.1. Applicable federal and state statutes and rules
15.2.2. Terms and Conditions of this Contract
15.2.3. Any Amendment executed under this Contract
15.2.4. Any SOW executed under this Contract
15.2.5. Any other provisions of the Contract, including materials incorporated by reference
16. INDEMNIFICATION
16.1. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the
WTSC, its officers, employees, and agents, and process and defend at its own expense any and all
claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever
kind ("claims") brought against \ /TSC arising out of or in connection with this Contract and/or the
CONTRACTOR'S performance or failure to perform any aspect of the Contract. This indemnity
provision applies to all claims against WTSC, its officers, employees, and agents arísing out of, in
connection with, or incident to the acts or omissions of the CONTRACTOR, its officers, employees,
agents, and subcontractors. Provided, however, that nothing herein shall require the CONTRACTOR to
indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that
claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents;
and provided further that if such claims result from the concurrent negligence of (a) the
CONTRACTOR, its officers, employees, agents, or subcontractors, and (b) the WTSC, its officers,
employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions
provided herein shall be valid and enforceable only to the extent of the negligence of the
CONTRACTOR, its officers, employees, agents, or subcontractors.
16.2. The CONTRACTOR waives its immunity under Title 51 RCW to the extent it is required to
indemnify, defend, and hold harmless the WTSC, its officers, employees, or agents.
16.3. The indemnification and hold harmless provision shall survive termination of this Contract.
I7. INDEPENDENT CAPACITY
The Parties intend that an independent contractor relationship will be created by this Contract. The
CONTRACTOR and his or her employees or agents performing under this Contract are not employees
or agents of the WTSC. The CONTRACTOR will not hold himself/herself out as or claim to be an officer
or employee of the WTSC or of the state of Washington by reason hereof, nor will the CONTRACTOR
make any claim of right, privilege, or benefit that would eccrue to such employee under law. Conduct
and control of the work will be solely with the CONTRACTOR.
18. INSURANCE COVERAGE
18.1, The CONTRACTOR shall
required by law.
comply with the provisions of Title 51 RCW, lndustrial lnsurance, if
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18.2.lt the CONTRACTOR is not required to maintain insurance in accordance with Title 51 RCW, prior
to the start of any performance of work under this Contract, the CONTRACTOR shall provide WTSC
with proof of insurance coverage (e.9., vehicle liability insurance, private property liability insurance, or
commercial property liability insurance), as determined appropriate by WTSC, which protects the
CONTRACTOR and WTSC from risks associated with executing the SOW associated with this
Contract.
19. LICENSING. ACCREDITATION A.ND REGISTRATION.
The CONTRACTOR shallcomply with all applicable local, state, and federal licensing, accreditation,
and registration requirements/standards necessary for the performance of this Contract. The
CONTRACTOR shall complete registration with the Washington State Department of Revenue, if
required, and be responsible for payment of all taxes due on payments made under this Contract.
?q. oVERPAYTUTENTS ANp ASSERTTON OF L|EN
ln the event that the WTSC determines that overpayments or erroneous payments were made to the
CONTRACTOR under this Contract, the WTSC may secure repayment plus interest, if any, through the
filing of a lien against the CONTRACTOR's real property or by requiring the posting of a bond,
assignment of deposit, or some other form of security acceptable to the WTSC, or by doing both.
2I, PRIVACY
21.1. Personal information including, but not limited to, "Protected Health lnformation," collected, used,
or acquired in connection with this Contract shall be protected against unauthorized use, disclosure,
modification, or loss. CONTRACïOR shallensure its directors, officers, employees, sub-contractors, or
agents use personal information solely for the purposes of accomplishing the services set forth herein.
CONTRACTOR agrees not to, and will ensure that its sub-contractor's do not, release, divulge, publish,
transfer, sell, or othenruise make known to unauthorized persons personal information without the
express written consent of the WTSC, or as otherwise required by law, including as required under
RCW 42.56 Public Records Act.
21.2. Any breach of this section may result in termination of the Contract and the demand for return of
all personal information. The CONTRACTOR agrees to indemnify and hold harmless the WTSC for any
damages related to the CONTRACTOR'S unauthorized use of personal information.
22. PUBLICITY
The CONTRACTOR agrees to submit to the WTSC all advertising and publicity matters relating to this
Contract wherein the WTSC's name is mentioned or language used from which the connection of the
WTSC'S name may, in the WTSC'S judgment, be inferred or implied. The GONTRACTOR agrees not
to publish or use such advertising and publicity matters without the prior written consent of the WTSC.
23. RECORDS MArNrEryA,NqE
23.1. During the term of this Contract and for six years thereafter, the CONTRACTOR shall maintain
books, records, documents, and other evidence that sufficiently and properly reflect all direct and
indirect costs expended in the performance of the services described herein. These records shall be
subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State
Auditor, and federal officials so authorized by law. All books, records, documents, and other material
relevant to this Contract will be retained for six years after expiration. The Office of the State Auditor,
federal auditors, the WTSC, and any duly authorized representatives shall have full access and the
right to examine any of these materials during this period.
23.2. lt any litigation, claim, or audit is started before the expiration of the six year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
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24. RIGHT OF INSPECTION
The CONTRACTOR shall provide right of access to its facilities to the WTSC or eny of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance
under this Contract. The CONTRACTOR shall make available information necessary for WTSC to
comply with the right to access, amend, and receive an accounting of disclosures of their Personal
lnformation according to the Health lnsurance Portability and Accountability Act of 1996 (HIPAA) or any
regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of
Washington State law. The CONTRACTOR shall upon request make available to the WTSC and the
U.S. Secretary of the Department of Health and Human Services all internal policies and procedures,
books, and records relating to the safeguarding, use, and disclosure of Personal lnformation obtained
or used as a result of this Contract.
25. RIGHTS IN DATA
25.1, WTSC and CONTRACTOR agree that all data and work products (collectively called "Work
Product") pursuant to this Contract shall be considered works made for hire under the U.S. Copyright
Act, 17 USC 5101 et seq., and shallbe owned by the state of Washington. Work Product includes, but
is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies,
computer programs, films, tapes, sound reproductions, designs, plens, diagrams, drawings, software,
and/or databases to the extent provided by law. Ownership includes the right to copyright, register the
copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to
otherwise use and transfer these rights.
25.2.lf for any reason the Work Product would not be considered a work made for hire under
applicable law, the CONTRACTOR assigns and transfers to WTSC the entire right, title, and interest in
and to all rights in the Work Product and any registrations and copyright applications relating thereto
and any renewals and extensions thereof.
25.3. For Work Product delivered under the Contract that incorporates pre-existing materials not
produced under the Contract, CONTRACTOR hereby grants to the WTSC a nonexclusive, royalty-free,
irrevocable license in such materials to translate, reproduce, distribute, prepare derivative works,
publicly perform, publicly display, sub-license to others, and otherwise use such materials. The
CONTRACTOR warrants and represents that CONTRACTOR has all rights and permissions, including
intellectual property rights, moral rights, and rights of publicity, necessary to grant such a license to the
WTSC. The WTSC shall have the right to modify or remove any restrictive markings placed upon the
data by the CONTRACTOR.
25.4. The CONTRACTOR shall provide WTSC prompt written notice of each notice or claim of
infringement received by the CONTRACTOR with respect to any Work product delivered under this
Contract.
25.5. The CONTRACTOR may publish, at its own expense, the results of project activities without prior
review by the WTSC, provided that any publications, including written, visual, or sound, contain
acknowledgment of the support provided by NHTSA and the WTSC. The GONTRACTOR shall disclose
any discovery or invention derived from work performed under this project within a reasonable time
after it is made to the WTSC, who will determine through NHTSA whether NHTSA or WTSC will seek
patent protections pursuant to Title 35 USC, how any rights will be administered, and other actions
required to protect the public interest.
26. SAVINGS
ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to completion of the SOW under this Contract, the
WTSC may terminate the Contract under the "TERMINATION FOR CONVENIENCE" clause, without
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the 30 day notice requirement. The Contract is then subject to renegotiation at the WTSC's discretion
under any new funding limitations or conditions.
27. SEVERABILITY
lf any provision of this Contract or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this Contract which can be given
effect without the invalid provision, if such remainder conforms to the requirements of applicable law
and the fundamental purpose of this Contract, and to this end the provisions of this Contract are
declared to be severable.
28. SITE SECURTTY
While on WTSC premises, the CONTRACTOR, its agents, employees, or sub-contractors shallconform
in all respects with allWTSC physical, fire, or other security policies or applicable regulations,
29. TAXES
All payments of payrolltaxes, unemployment contributions, any other taxes, insurance, or other such
expenses for the CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR.
30. TERMINATION FOR CAUSE
lf the CONTRACTOR does not fulfill in a timely and proper manner its obligations under this Contract or
violates any of these terms and conditions, the WTSC will give the CONTRACTOR written notice of
such failure or violation, and may terminate this Contract immediately. At the WTSC's discretion, the
CONTRACTOR may be given 15 days to correct the violation or failure. ln the event that the
CONTRACTOR is given the opportunity to correct the violation and the violation is not corrected within
the 1S-day period, this Contract may be terminated at the end of that period by written notice of the
WTSC.
31. TERMTNATTON FOR GONVENTENCE
Except as otherwise provided in this Contract, either Party may terminate this Contract, without cause
or reason, with 30 days written notice to the other Party. lf this Contract is so terminated, the WTSC
shall þe liable only for payment required under the terms of this Contract for services rendered or goods
delivered prior to the effective date of termination.
32. TERMINATION PROCEDURES
32.1 . Upon termination of this Contract, the WTSC, in addition to any other rights provided in this
Contract, may require the CONTRACTOR to deliver to the WTSC any property specifically produced or
acquired for the performance of such part of this Contract as has been terminated. The provisions of
the "TREATMENT OF ASSETS" clause shall apply in such property transfer.
32.2.-lhe WTSC shall pay the CONTRACTOR the agreed-upon price, if separately stated, for
completed work and services accepted by the WTSC, and the amount agreed upon by the
CONTRACTOR and the WTSC for (i) completed work and services for which no separate price is
stated, (ii) partially completed work and services, if appropriate, (iii) other property or services that are
accepted by the WTSC, and (iv) the protection and preservation of property, unless the termination is
for default or for cause, in which case the AGENT shall determine the extent of the liability of thel /TSC. Failure to agree with such determination shall be a dispute within the meaning of the
"DISPUTES" clause of this Contract. The WTSC may withhold from any amounts due the
CONTRACTOR such sum as the AGENT determines to be necessary to protect the WTSC against
potential loss or liability.
32.3. The rights and remedies of the WTSC provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Contract.
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32.4. After receipt of a notice of termination, and except as otherwise directed by the AGENT, the
CONTRACTOR shall:
32.4.1. Stop work under the Contract on the date, and to the extent specified, in the notice.
32.4.2. Place no further orders or sub-contracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the Contract that is not terminated.
34.4.3. Assign to the WTSC, in the manner, at the times, and to the extent directed by the AGENT, all
of the rights, title, and interest of the CONTRACTOR under the orders and sub-contracts so terminated,
in which case the WTSC has the right, at its discretion, to settle or pay any or all claims arising out of
the termination of such orders and sub-contracts.
32.4.4. Resolve all outstanding liabilities and all claims arising out of such termination of orders and
sub-contracts, with the approval or ratification of the AGENT to the extent AGENT may require, which
approval or ratification shall be final for all the purposes of this clause.
32.4.5. Transfer title to the WTSC and deliver in the manner, at the times, and to the extent directed by
the AGENT any property which, if the Contract had been completed, would have been required to be
furnished to the WTSC.
32.4.6. Complete performance of any such part of the work as shall not have been terminated by the
AGENT.
32.4.7. Take such action as may be necessary, or as the AGENT may direct, for the protection and
preservation of the property related to this Contract, which is. in the possession of the CONTRACTOR
and in which the WTSC has or may acquire an interest.
33. TREATNíENT OF ASSETS
33.1 . Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property
furnished by the CONTRACTOR for the cost of which the CONTRACTOR is entitled to be reimbursed
as a direct item of cost under this Contract shall pass to and vest in the WTSC upon delívery of such
property by the CONTRACTOR. Title to other property, the cost of which is reimbursable to the
CONTRACTOR under this Contract, shall pass to and vest in the WTSC upon (i) issuance for use of
such property in the performance of this Contract, or (ii) commencement of use of such property in the
performance of this Contract, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part,
whichever first occurs.
33.2. Any property of the WTSC furnished to the CONTRACTOR shall, unless otherwise provided
herein or approved by the WTSC, be used only for the performance of this Contract.
33.3. The CONTRACTOR shall be responsible for any loss or damage to property of the WTSC which
results from the negligence of the CONTRACTOR or which results from the failure on the part of the
CONTRACTOR to maintain and administer that property in accordance with sound management
practices.
33,4. lf any WTSC property is lost, destroyed, or damaged, the CONTRACTOR shall immediately notify
the WTSC and shall take all reasonable steps to protect the property from further damage.
33.5. The CONTRACTOR shall surrender to the WTSC all property of the WTSC upon completion,
termination, or cancellation of this Contract.
33.6. All reference to the CONTRACTOR under this clause shall also include CONTRACTOR's
employees, agents, or sub-contractors.
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34. WATVER
A failure by either Party to exercise its rights under this Contract shall not preclude that Party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Contract.
APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS
(23 CFR PART r300 APPENDTX A):
39*HlJy-a,tytF,3t,c_å,Ær
The CONTRACTOR will comply with the Buy America requirement (23 U.S.C. 313) when purchasing
items using federal funds. Buy America requires the CONTRACTOR to purchase only steel, iron, and
manufactured products produced in the United States, unless the Secretary of Transportation
determines that such domestically produced items would be inconsistent with the public interest, that
such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic
materials will increase the cost of the overall project contract by more than 25 percent. ln order to use
federal funds to purchase foreign produced items, the WTSC must submit a waiver request that
provides an adequate basis and justification, and which is approved by the Secretary of Transportation.
3,6:DEBARIi¡IENT AND SUSPENSTON
lnstructions for Lower Tier Certification
36.1. By signing this Contract, the CONTRACTOR (hereinafter in this section referred to as the "lower
tier participant") is providing the certification set out below and agrees to comply with the requirements
of 2 CFR part 180 and 23 CFR part 1300.
36.2. The certification in this section is a material representation of fact upon which reliance was placed
when this transaction was entered into. lf it is later determined that the lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the federal government,
the department or agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
36.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the
lower tier participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
36.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded, as used in this cfause, have the meanings set out in the
Definitions and Covered Transactions sections of 2 CFR part 180.
36.5. The lower tier participant agrees by signing this Contract that it shall not knowingly enter into any
lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9,
subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by NHTSA.
36.6. The lower tier participant further agrees by signing this Contract that it will include the clause titled
"lnstructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension,
lneligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower
tier covered transactions and in all solicitations for lower tier covered transactions, and will require
lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300.
36.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR part g, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows
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that the certification is erroneous. A participant may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may, but is not required to, check the List of
Parties Excluded from Federal Procurement and Non-procurement Programs.
36.8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
36.9. Except for transactions authorized under paragraph 36.5. of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, the department or agency with which this
transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order,
debar or suspend you, or take other remedies as appropriate.
Ce¡tification Regading Debarment, Suspensron, lneligibilîty and Voluntary Exclusion - Lower Tier
Covered Transactions
36.10. The lower tier participant certifies, by signing this Contract, that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any federal department or agency.
36.11. Where the lower tier participant is unable to certify to any of the statements in this certification,
such participant shall attach an explanation to this Contract.
pl. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8f 03t
37.1. The CONTRACTOR shall:
37.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace, and shall specify the
actions that will be taken against employees for violation of such prohibition.
37.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse
in the workplace; the CONTRACTOR'S policy of maintaining a drug-free workplace; any available drug
counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed
upon employees for drug violations occurring in the workplace.
37.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a
copy of the statement requíred by paragraph 37.1.1 . of this section.
37 .1.4. Notify the employee in the statement required by paragraph 37.1.1. of this section that, as a
condition of employment under the grant, the employee will abide by the terms of the statement, notify
the employer of any criminal drug statute conviction for a violation occurring in the workplace no later
than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an
employee or otherwise receiving actual notice of such conviction.
37.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 37.1,3. of
this section, with respect to any employee who is so convicted: take appropriate personnel action
against such an employee, up to and including termination, and/or require such employee to participate
satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a
federal, state, or local health, law enforcement, or other appropriate agency.
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37.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation
of all of the paragraphs above.
38. FEDERAI FUNDTNG AGCOUNTABILTTY ANDJRANSPARENCY ACr (FFATAT
ln accordance with FFATA, the CONTRACTOR shall, upon request, provide WTSC the names and
total compensation of the five most highly compensated officers of the entity, if the entity in the
precedíng fiscal year received 80 percent or more of its annual gross revenues in federal awards,
received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not
have access to information about the compensation of the sen¡or execulives of the entity through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section
6104 of the Internal Revenue Code of 1986.
39. FEDERAL LOBBYING
39.1. The undersigned certifies, to the best of his or her knowledge and belief, that:
39,1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
39.1.2. lf any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.
39.1.3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under
grant, loans, and cooperative agreements), and that all sub-recipients shall certify and disclose
accordingly.
39.2. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such fa¡lure.
40. NONDTSCRilUtNAT|ON
40.1. During the performance of this Contract, the CONTRACTOR agrees:
40.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from
time to time.
40.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non-
discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein.
40.1 .3. To permit access to its books, records, accounts, other sources of informatíon, and its facilities
as required by the WTSC, US DOT, or NHTSA.
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20
40.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination
provisions in this Contract, the WTSC will have the right to impose such contract sanctions as it or
NHTSA determine are appropriate, including but not limited to withholding payments to the
CONTRACTOR under the Contract until the CONTRACTOR complies, and/or cancelling, terminating,
or suspending a contract or funding agreement, in whole or in part.
40,1.5. To insert this clause, including all paragraphs, in every sub-contract and sub-agreement and in
every solicitation for a sub-contract or sub-agreement that receives federal funds under this program.
41. POLTTTCAL ACTIV|.TY tHATCtl ACT)
The CONTRACTOR will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the
political activities of employees whose principal employment activities are funded in whole or in part
with federalfunds.
42. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELII'IET USAGE
The CONTRACTOR will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage
or to create checkpoints that specifically target motorcyclists. This Contract does not include any
aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement.
43. STATE LOBBYING
None of the funds under this Contract will be used for any activity specifically designed to urge or
influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal
pending before any state or local legislative body. Such activities include both direct and indirect (e.9.,
"grassroots") lobbying activities, with one exception. This does not preclude a state officialwhose salary
is supported with NHTSA funds from engaging in direct communications with state or local legislative
officials, in accordance with customary state practice, even if such communications urge legislative
officials to favor or oppose the adoption of a specific pending legislative proposal.
44. DESIGNATED CONTACTS
The following named individuals will serve as designated contacts for each of the Parties for all
communications, notices, and reimbursements regarding this Contract:
The Contact for the GONTRACTOR is:The Gontact forWTSC is:
Kenneth E. Thomas
Chief of Police
Kent Police Department
kthomas@kentwa.gov
253-856-5890
Jerry Noviello
WTSC Program Manager
jnoviello@wtsc.wa. gov
360-725-9897
45. AUTHORITY TO SIGN
The undersigned acknowledge that they are authorized to execute this Contract and bind their
respective agencies or entities to the obligations set forth herein.
lN WITNESS WHEREOF, the Parties have executed this Contract.
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2t
KENT POLICE DEPARTMENT
Signature
Printed Name
TÌtle Date
WASHINGTON TRAFFIC SAFEW COMMISSION
Signature
Printed Name
Title Date
Page 15 of 15
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Agenda Item: Consent Calendar – 7J_
TO: City Council
DATE: September 19, 2017
SUBJECT: Appoint Emily Grupp to the Kent Parks and Recreation Commission
SUMMARY: I am pleased to recommend Emily Grupp for appointment to the Kent
Parks and Recreation Commission for a three-year term expiring December 31, 2020.
Emily Grupp grew up in Kent and returned home following college and now resides on
Kent’s East Hill. Emily believes in a safe and welcoming environment for all and the
appearance of Kent’s parks assists in achieving that goal. The many recreation
programs offered to residents, and those that live in surrounding communities, is
another way of adding vibrancy to the city. Emily enjoys hiking, boating, kayaking
and would be honored to serve on the Parks and Recreation Commission to assist in
helping the Kent community rise to a level which she believes it can reach.
I am pleased to recommend Emily for appointment to the Kent Parks and Recreation
Commission for a three-year term.
EXHIBITS: None
RECOMMENDED BY: Mayor Cooke
BUDGET IMPACTS: None
MOTION: Appoint Emily Grupp to the Kent Parks and Recreation
Commission for a three-year term.
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Agenda Item: Consent Calendar – 7K_
TO: City Council
DATE: September 19, 2017
SUBJECT: Telecommunications Franchise with MCIMetro Access d/b/a Verizon
Access Transmission Services - Introduce
SUMMARY: MCIMetro Access d/b/a Verizon Access Transmission Services (“Verizon”)
is a telecommunications company and has requested that the City grant it a franchise
to use the City’s right-of-ways to construct, operate and maintain the necessary
facilities for its telecommunications network. This franchise has a ten-year term and
covers the construction, operation and maintenance of Verizon’s fiber optic network
and related equipment. It does not allow the installation of small cells.
The City has the authority to grant non-exclusive franchises for the use of public
streets and other rights-of-way pursuant to RCW 35A.47.040. State law prohibits the
City from charging a franchise fee; however, the City can recover the actual
administrative costs incurred in drafting and processing the franchise. The City can
also request that Verizon provide the City with conduit in the locations where Verizon
is installing or relocating facilities underground. The City would be responsible for the
incremental costs of this installation.
This franchise also includes specific terms regarding relocation of facilities,
undergrounding, restoration of the right-of-way and requires Verizon to obtain the
appropriate permits before installing any facilities.
EXHIBITS: Ordinance
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Ralph NAY:
BUDGET IMPACTS: N/A
No Action Required – Introduction Only.
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ORDINANCE NO.
AN ORDINANCE of the city council of the
city of Kent, Washington, granting to MCIMETRO
Access Transmission Services Corp. d/b/a
Verizon Access Transmission Services, a
Delaware corporation, and its successors and
assigns, the right, privilege, authority and
nonexclusive franchise for ten years, to
construct, maintain, operate, replace, and repair
a telecommunications network, in, across, over,
along, under, through, and below certain
designated public rights-of-way of the City of
Kent, Washington.
RECITALS
A. MCIMETRO Access Transmission Services Corp. d/b/a Verizon
Access Transmission Services, a Delaware corporation (“Franchisee”) has
requested that the city council grant it a nonexclusive franchise to construct,
maintain and operate a telecommunications network 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.
1 Franchise – Verizon
Ordinance
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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 or his/her designee.
1.2 Emergency means a condition posing an imminent threat to property,
life, health, or safety of any person or entity.
1.3 Facilities mean one or more elements of Franchisee’s
telecommunications network, with all necessary cables, wires, conduits,
ducts, pedestals, antennas, electronics, and other necessary appurtenances;
except that new utility poles or towers for overhead wires, cabling or
antennas are specifically excluded. Facilities shall not include: microcells or
small cells. Equipment enclosures with air conditioners or other noise
generating equipment are also excluded from Facilities, to the extent any
such equipment is located in zoned residential areas of the City.
1.4 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. Right-of-Way does not
include railroad right-of-way, airports, harbor areas, buildings, parks, poles,
2 Franchise – Verizon
Ordinance
conduits, open spaces, nature trails, poles, dedicated but un-opened 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.
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 ten (10) years,
beginning on the effective date of this ordinance, set forth in Section 41.
This Franchise supersedes and replaces in its entirety the Temporary License
entered into by the City and Franchisee on June 15, 2017, except that any
and all permits issued pursuant to the Temporary License shall remain valid
and be deemed issued pursuant to this Franchise.
2.2 This Franchise grants Franchisee the right, privilege, and authority to
construct, operate, maintain, replace, acquire, sell, lease, and use all
necessary Facilities for a telecommunications network in, under, on, across,
over, through, along or below the public Rights-of-Ways located in the City,
and any areas added to the corporate limits of the City during the term of
this Franchise (the “Franchise Area”). All Facilities require City permits
issued pursuant to Section 8.3.
2.3 This Franchise shall not prevent the City from granting other or further
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-Way or affect its jurisdiction over any Rights-of-Way or any part of
Right-of-Way. The City shall retain power to make all necessary changes,
relocations, repairs, maintenance, establishment, improvement, dedication of
3 Franchise – Verizon
Ordinance
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, non-exclusive
authorization to occupy and use the City’s Rights-of-Way. Franchisee
represents that it currently provides or intends to provide the following
services within the City: data transport, internet access, and local and long
distance voice services, including IP voice services, cell site fronthaul and
backhaul and Facilities leasing to third parties (the “Services”). If Franchisee
desires to expand the Services provided within the City, it shall provide
written notification of the addition of such services prior to the addition of the
service or within a reasonable time (not to exceed ninety (90) days) after
such services are offered; except that Franchisee may not offer Cable
Services as that term is defined in 47 U.S.C. § 522(6).
3.2 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.
3.3 This Franchise does not and shall not convey any right to Franchisee to
install its Facilities on, under, over, across, or to otherwise use City owned or
leased properties of any kind outside of the incorporated area of the City or
to install Facilities on, under, over, across, or otherwise use any City owned
or leased property other than the City’s Rights-of-Way. This Franchise does
not convey any right to Franchisee to install its Facilities on, under, over, or
across any facility or structure owned by a third-party without such written
approval of the third-party.
4 Franchise – Verizon
Ordinance
3.4 Franchisee is authorized without prior City approval, to offer or provide
capacity or bandwidth to its 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
d. No such customer or lessee that accesses Franchisee’s
telecommunications Facilities within the City limits may use the
telecommunications system or Services for any purpose not authorized by
this Franchise, unless that customer has a franchise agreement with the City
and then the customer may use Franchisee’s Facilities or Services consistent
with the terms of its franchise.
SECTION 4. – Location of Facilities. Franchisee may locate its
Facilities anywhere within the Franchise Area consistent with the City’s
Design and Construction Standards and subject to the City’s applicable
permit requirements. Franchisee shall not be required to amend this
Franchise to construct or acquire Facilities within the Franchise Area.
SECTION 5. – Relocation of Facilities.
5.1 Franchisee agrees to protect, support, temporarily disconnect,
relocate, or remove from any Rights-of-Way any of its Facilities when
5 Franchise – Verizon
Ordinance
reasonably required by the City, including but not limited to the following
reasons:
a. To improve traffic conditions or public safety;
b. Dedications of new Rights-of-Way and the establishment and
improvement thereof, widening and improvement of existing Rights-of-Way,
street vacations, freeway construction, change or establishment of street
grade;
c. The construction of any public improvement or structure by any
governmental agency or as otherwise necessary for the operations of the City
or other governmental entity; and
5.2 Except as otherwise provided by law, the costs and expenses
associated with relocations required pursuant to Section 5.1 shall be borne
by Franchisee. Nothing contained within this Franchise shall limit
Franchisee’s ability to seek reimbursement for relocation costs when
authorized by RCW 35.99.060.
5.3 Upon request of the City 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 City’s
improvements 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) 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
6 Franchise – Verizon
Ordinance
responsible for delays or damages due to circumstances beyond the control
of the Franchisee.
5.4 If the City determines that the relocation of Franchisee’s existing
Facilities is necessary, the City shall:
a. At least forty-five (45) days prior to commencing the project,
provide Franchisee with written notice requiring such relocation; except that
in the event of an emergency, the City shall give Franchisee written notice as
soon as practicable; and
b. At least forty-five (45) days prior to commencing the project,
provide Franchisee with copies of pertinent portions of the plans and
specifications for the improvement project and at the City’s discretion, a
proposed location for Franchisee’s Facilities so that 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 at least ten (10) days
prior to commencement of the City’s project 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 City’s project and is subject to
permit requirements in Section 8.3. In the event of an emergency,
Franchisee shall relocate its Facilities within the time period specified by the
City.
5.5 Franchisee may, after receipt of written notice requesting a relocation
of its Facilities, submit to the City written alternatives to such relocation.
Such alternatives must be submitted to the City at least twenty (20) days
prior to commencement of the project. The City shall evaluate the
alternatives and advise Franchisee in writing if one or more of the
7 Franchise – Verizon
Ordinance
alternatives are suitable to accommodate the work that would otherwise
necessitate relocation of the Facilities. If so requested by the City,
Franchisee shall submit at its sole cost and expense additional information to
assist the City in making such evaluation. The City shall give each
alternative proposed by Franchisee full and fair consideration. If the City
ultimately determines that there is no other reasonable or feasible
alternative, Franchisee shall relocate its Facilities as otherwise provided in
this Section 5.
5.6 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.
5.7 If any person has obtained permission from the City to use any Right-
of-Way for the purpose of moving any building, upon thirty (30) days’ written
notice from the City, Franchisee, shall raise, remove, or relocate to another
part of the Right-of-Way, any of Franchisee’s Facilities that may obstruct the
removal of such building, at the expense of the person desiring to move the
building.
5.8 If Franchisee, after making all commercially reasonable efforts, fails,
neglects, or refuses to remove or relocate its Facilities as directed by the
City, the City may perform such work or cause it to be done, and the City’s
costs shall be paid by Franchisee pursuant to Section 16.3 and Section 16.4.
5.9 Franchisee shall indemnify, hold harmless, and pay the costs of
defending the City, in accordance with the provisions of Section 18.3, against
any and all claims, suits, actions, damages, or liabilities for delays on City
construction projects caused by or arising out of the failure of Franchisee to
locate, remove or relocate its Facilities in a timely manner; provided, that
8 Franchise – Verizon
Ordinance
Franchisee shall not be responsible for damages due to delays caused by
circumstances beyond the reasonable control of Franchisee or the negligence,
willful misconduct, or unreasonable delays by the City or delays by any
unrelated third party.
5.10 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. Additionally, the provisions of this
Section 5 are applicable only so long as the Right-of-Way is owned and/or
controlled by the City.
SECTION 6. – Undergrounding of Facilities.
6.1 Franchisee shall install all wires, cables or other facilities underground
(unless specifically authorized by permit of the City) in the manner required
by the City as described in Kent City Code Chapter 7.10. Unless otherwise
permitted by the City, Franchisee shall also underground its Facilities in all
new developments and subdivisions and in any development or subdivision
where utilities are currently underground. Except as specifically authorized
by the City, Franchisee shall not erect poles or run or suspend wires, cables,
or any other facilities on existing poles.
6.2 Franchisee acknowledges and agrees that if the City does not require
the undergrounding of its Facilities at the time of a permit application, the
City may, at any time in the future, require that the Franchisee to
underground its Facilities at Franchisee’s expense.
6.3 If the City requires the undergrounding of the aerial utilities in any
area of the City, Franchisee shall underground its aerial Facilities in the
manner specified by the City, concurrently with and in the area of the other
affected utilities. The location of any relocated and underground utilities
shall be approved by the City. Where other utilities are present and involved
9 Franchise – Verizon
Ordinance
in the undergrounding project, Franchisee shall only be required to pay its
fair share of common costs borne by all utilities, in addition to the costs
specifically attributable to the undergrounding of Franchisee’s own Facilities.
“Common costs” shall include necessary costs not specifically attributable to
the undergrounding of any particular facility, such as costs for common
trenching and utility vaults. “Fair share” shall be determined for a project on
the basis of the number of conduits of Franchisee’s Facilities being
undergrounded in comparison to the total number of conduits of all other
utility facilities being undergrounded. This Section 6.3 shall only apply to the
extent Franchisee has existing aerial Facilities in the City or is specifically
authorized to build aerial Facilities by the City.
6.4 Within forty-eight (48) hours (excluding weekends and City-recognized
holidays) following a request from the City, Franchisee shall, at its sole cost
and expense, locate underground Facilities by marking the location on the
ground. The location of the underground Facilities shall be identified using
orange spray paint, unless otherwise specified by the City, and within two
feet of the actual location.
6.5 Franchisee shall be entitled to reasonable access to open utility
trenches, provided that such access does not interfere with the City’s
placement of utilities or increase the City’s costs. Franchisee shall pay the
City’s actual costs resulting from providing Franchisee access to an open
trench, including without limitation the pro rata share of the costs of access
to an open trench and any costs associated with the delay of the completion
of a public works project. Franchisee shall reimburse the City in accordance
with the provisions of Section 16.3 and Section 16.4.
6.6 Franchisee shall not remove any underground cable or conduit that
requires trenching or other opening of the Rights-of-Way along the extension
of cable to be removed, except as provided in this Section 6.6. Franchisee
10 Franchise – Verizon
Ordinance
may remove any underground cable from the Right-of-Way that can be
removed without trenching or other opening of the Right-of-Way along the
extension of cable to be removed, or if otherwise permitted by the City.
Franchisee may remove any underground cable from the Rights-of-Way
where reasonably necessary to replace, upgrade, or enhance its Facilities, or
pursuant to Section 5. Franchisee must apply and receive a permit, pursuant
to Section 8.3, prior to any such removal of underground cable or conduit
from the Right-of-Way and must provide as-built plans and maps pursuant to
Section 7.1.
6.7 When the City determines, in the City’s sole discretion, that
Franchisee’s underground Facilities must be removed in order to eliminate or
prevent a hazardous condition, Franchisee shall remove the Facilities at
Franchisee’s sole cost and expense.
6.8 Underground cable and conduit in the Right-of-Way that is not
removed will be deemed abandoned and title thereto shall vest in the City at
no cost to the City. The City may also pursue any available remedy set forth
in Section 5 and Section 20.
6.9 The provisions of this Section 6 shall survive the expiration,
revocation, or termination of this Franchise during such time as Franchisee
continues to have Facilities in the Rights-of-Way. Nothing in this Section 6
shall be construed as requiring the City to pay any costs of undergrounding
any of Franchisee’s Facilities.
SECTION 7. – Maps and Records.
7.1 No later than sixty (60) days after construction is complete, Franchisee
shall provide the City with accurate copies of as-built plans and maps
stamped and signed by a professional land surveyor having a form and
content reasonably prescribed by the Director. These plans and maps shall
11 Franchise – Verizon
Ordinance
be provided at no cost to the City, and shall include hard copies and digital
files in AutoCAD or other industry standard readable formats that are
acceptable to the City. The Franchisee shall also provide any as-built plans,
maps and records (digital and/or hard copies) within ten (10) days following
a request from the City. Franchisee shall warrant the accuracy of all plans,
maps and as-builts provided to the City.
7.2 Within thirty (30) days of a written request from the City, Franchisee
shall furnish the City with information sufficient to demonstrate: 1) that
Franchisee has complied with all applicable requirements of this Franchise;
and 2) that all taxes, including but not limited to sales, utility and/or
telecommunications taxes due the City in connection with Franchisee’s
Services and Facilities have been properly collected and paid by Franchisee.
7.3 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. This
Section 7.3 shall not be construed to require Franchisee to disclose
proprietary or confidential information without adequate safeguards for its
confidential or proprietary nature. Unless otherwise prohibited 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; except that 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 Franchisee acknowledges that information submitted to the City is
subject to the Washington Public Records Act, chapter 42.56 RCW, and is
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open to public inspection, subject to any exceptions permitted by law (unless
an exemption applies).
7.5 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. 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 7.5 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. 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 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) days of a request from
the City, unless additional time is reasonably necessary under the
circumstances and is agreed to by the parties.
SECTION 8. – Work in the Rights-of-Way.
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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.
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 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 public Rights-of-
Way for the purpose of excavation, installation, construction, repair,
maintenance, or relocation of its cable or equipment, it shall apply to the City
for a permit to do so and, in addition, shall give the City at least ten (10)
working days prior notice of its intent to commence work in the Rights-of-
Way. All work by Franchisee in the area shall be performed in accordance
with applicable City standards and specifications and warranted for a period
of two (2) years, normal wear and tear excepted. In no case shall any work
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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
c. The initiating party may deny such request for safety reasons.
8.5 Except for emergency situations, Franchisee shall give at least seven
(7) days’ prior written notice of intended construction to residents within 300
feet of the construction area. This notice shall contain the dates, contact
number, nature and location of the work to be performed; a door hanger is
permissible. At least twenty-four (24) hours prior to entering private
property or streets or public easements adjacent to or on such private
property, Franchisee shall physically post a notice on the property indicating
the nature and location of the work to be performed; a door hanger is
permissible. Nothing in this Franchise gives the Franchisee the right to enter
onto private property without the permission of the private property owner.
8.6 Franchisee shall make a good faith effort to comply with the property
owner/resident’s preferences, if any, on location or placement of
underground installations (excluding aerial cable lines utilizing existing poles
and existing cable paths), consistent with sound engineering practices.
Following performance of the work, Franchisee shall restore the private
property as nearly as possible to its condition prior to construction, except for
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any change in condition not caused by Franchisee. Any disturbance of
landscaping, fencing, or other improvements on private property caused by
Franchisee’s work shall, at the sole expense of Franchisee, be promptly
repaired and restored to the reasonable satisfaction of the property
owner/resident.
8.7 Franchisee shall at all times comply with the safety requirements
contained in Section 11 and all applicable federal, State and local safety
requirements.
8.8 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 directed by the City.
8.9 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 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 16.3 and Section 16.4; (2) collect damages pursuant to Section
22.2; and (3) revoke this Franchise pursuant to Section 23. Franchisee shall
not be liable for any claims, damages or liability resulting from City’s acts in
effecting the cure on behalf of Franchisee.
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SECTION 9. – Trees.
9.1 Franchisee may trim trees upon and overhanging on public ways,
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 applies to the extent
necessary to protect above ground Facilities. 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 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 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. 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.
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. Franchisee shall
reasonably compensate the City or the property owner for any damage
caused by trimming, damage, or removal by Franchisee. Except in an
emergency, all tree trimming must be performed under the direction of an
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arborist certified by the International Society of Arboriculture, unless
otherwise approved by the Director.
SECTION 10. – One Call Locator Service. Prior to doing any work in
the Rights-of-Way, the 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. 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
accurately 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-Ways, 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
Administration (OSHA) Standards. Upon reasonable notice to Franchisee, the
City reserves the general right to inspect the Facilities to evaluate if they are
constructed and maintained in a safe condition.
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11.2 If an unsafe 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 any 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 the time frame specified in such notice (and
pursue the 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 Section 16.3 and Section
16.4.
11.3 Additional safety standards include:
a. Franchisee shall endeavor to maintain all equipment lines and
facilities in an orderly manner, including, but not limited to, the removal of all
bundles of unused cable.
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 protect any opening or obstruction in the
Rights-of-Way or other public places made by Franchisee in the course of its
operations with adequate barriers, fences, or boarding, the bounds of which,
during periods of dusk and darkness, shall be clearly marked and visible at
night.
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 is subject to the
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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 laws.
SECTION 13. – Provision of Conduit.
13.1 The City may request that Franchisee provide the City with a single
two (2) inch conduit, and related structures necessary to access the conduit
pursuant to RCW 35.99.070 in one or more of the locations where Franchisee
constructs, installs or relocates Facilities underground. Franchise shall install
a locator wire and cap off all conduit ends. Conduit ends shall be marked on
the as-built plans and maps required in Section 7.
13.2 Except in emergency situations, Franchisee shall provide the Director
with at least thirty (30) days’ advance written notice of any construction,
relocation, or placement of ducts or conduits in the Rights-of-Way and
provide the City an opportunity to request that Franchisee provide the City
with additional duct or conduit, and related structures necessary to access
the conduit pursuant to RCW 35.99.070. This notification shall be in addition
to the requirement to apply for and obtain permits pursuant to Section 8.3.
SECTION 14. – Restoration after Construction.
14.1 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 20, within ten (10) days following the date of any of
these activities at Franchisee’s sole cost and expense. Franchisee shall
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. Franchisee
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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.
14.2 Franchisee agrees to complete all restoration work to the Franchise
Area or other affected area at its sole costs and expense and according to the
time and terms specified in the construction permit issued by the City.
Franchisee also agrees to repair any damage caused by work to the
Franchise Area within fourteen (14) days unless otherwise approved by the
Director. 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.
14.3 If conditions (e.g., weather) make the complete restoration required
under Section 14 impracticable, Franchisee shall temporarily restore the
affected Right-of-Way or property at its sole cost and expense. Franchisee
shall promptly undertake and complete the required permanent restoration
as soon as conditions no longer make such permanent restoration
impracticable.
14.4 If Franchisee does not repair a Right-of-Way or an improvement in or
to a Right-of-Way within the time prescribed by this Section 14, the City may
repair the damage and shall be reimbursed its actual cost within sixty (60)
days of submitting an itemized invoice to Franchisee in accordance with the
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provisions of Section 16.3 and Section 16.4. The City may also bill
Franchisee for any expenses associated with the inspection of such
restoration work.
14.5 The provisions of this Section 14 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 15. – Emergencies.
15.1 In the event of any emergency in which any of Franchisee’s Facilities
located in or under any street endangers the property, life, health, or safety
of any person, entity or the City, or if Franchisee’s construction area 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 repair its Facilities and 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. The Franchisee shall apply for any necessary permits on the next
day Kent City Hall is open for business.
15.2 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, an adjoining public place, street utilities, City property, Rights-
of-Way, or private property (collectively “Endangered Property”) or
endangers the public, the Director may direct Franchisee, at Franchisee’s
own expense, to take reasonable action to protect the Endangered Property
or the public within a prescribed time. If Franchisee fails or refuses to
promptly take the actions directed by the City, or fails to fully comply with
such directions, or if an emergency situation exists that requires immediate
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action before the City can timely contact Franchisee to request Franchisee
effect the immediate repair, the City may enter upon the Endangered
Property and take such reasonable actions as are necessary to protect the
Endangered Property or the public. Franchisee shall be liable to the City for
the costs of any such repairs in accordance with the provisions of Sections
16.3 and 16.4.
15.3 The City retains the right and privilege to cut or move any Facilities
located within the Rights-of-Way of the City, as the City may determine to be
necessary, appropriate, or useful in response to any public health or safety
emergency. The City shall notify Franchisee by telephone promptly upon
learning of the emergency and shall exercise reasonable efforts to avoid an
interruption of Franchisee’s operations.
15.4 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, unless 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 15 unless caused by the gross negligence or willful
acts of the City, its employees, contractors, or agents.
15.5 Franchisee shall promptly reimburse the City in accordance with the
provisions of Section 16.3 and Section 16.4 for any and all costs the City
reasonably incurs in response to any emergency situation involving
Franchisee’s Facilities, to the extent said emergency is not the fault of the
City. The City agrees to simultaneously seek reimbursement from any
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franchisee or permit holder who caused or contributed to the emergency
situation.
SECTION 16. – Recovery of Costs.
16.1 Franchisee shall reimburse the City for its actual and documented
administrative, legal, and other costs incurred in drafting and processing this
Franchise and all work related thereto pursuant to RCW 35.21.860(1)(b), in
an amount not to exceed $6,000.00. No construction permits shall be issued
for the installation of Facilities authorized until the City has received this
reimbursement.
16.2 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 16.3.
16.3 Franchisee shall reimburse the City within sixty (60) days of submittal
by the City of an itemized billing for reasonably incurred costs, itemized by
project, for Franchisee’s proportionate share of all 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
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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.
16.4 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
said 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.
SECTION 17. – City’s Reservation of Rights.
17.1 Franchisee represents that its Services, as authorized under this
Franchise, are a telephone business as defined in RCW 82.16.010, or that it
is a service provider as used in RCW 35.21.860 and defined in RCW
35.99.010. As a result, the City will not impose franchise fees under the
terms of this Franchise. The City reserves its right to impose a franchise fee
on Franchisee if Franchisee’s Services 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 imposition of such fees are otherwise removed.
The City also reserves its right to require that Franchisee obtain a separate
franchise for a change in use, which franchise may include provisions
intended to regulate Franchisee’s operations as allowed under applicable law.
Nothing contained within this Franchise shall preclude Franchisee from
challenging any such new fee or separate agreement under applicable
federal, State, or local laws.
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17.2 Franchisee acknowledges that certain of its operations within the City
may constitute a telephone business subject to the utility tax imposed
pursuant to the Kent City Code Chapter 3.18. Franchisee understands that
RCW 35.21.870 currently limits the rate of city tax upon telephone business
activities to six percent (6%) of gross income (as that term is defined in Kent
City Code Chapter 3.18), unless a higher rate is otherwise approved.
Franchisee stipulates and agrees that certain of its business activities may be
subject to taxation as a telephone business and that Franchisee shall pay to
the City the rate applicable to such taxable services under Kent City Code
Chapter 3.18, 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 Kent City Code Chapter 3.18 as may be
permitted by law. Nothing in this Section 17 is intended to alter, amend,
modify or expand the taxes and fees that may lawfully be assessed on
Verizon’s business activities under this franchise under applicable law.
SECTION 18. – Indemnification.
18.1 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
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shall not be obligated to indemnify the City to the extent of the City’s
negligence or willful misconduct.
18.2 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 negligence or willful misconduct contributing to
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.
18.3 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 prejudice
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 18.5
is required. In that event, the provisions of Section 18.5 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.
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18.4 Non-waiver. The fact that Franchisee carries out any activities under
this Franchise through independent contractors shall not constitute an
avoidance of or defense to Franchisee's duty of defense and indemnification
under this subsection.
18.5 Expenses. 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.
18.6 The parties acknowledge that this Franchise is subject to RCW
4.24.115. Accordingly, 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 Franchisee and the City, its officers, officials,
employees, and volunteers, Franchisee’s liability shall be only to the extent of
Franchisee’s negligence. It is further specifically and expressly understood
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that the indemnification provided constitutes Franchisee’s waiver of immunity
under Title 51 RCW, solely for the purposes of this indemnification. This
waiver has been mutually negotiated by the parties.
18.7 The provisions of this Section 18 shall survive the expiration,
revocation, or termination of this Franchise.
SECTION 19. – Insurance.
19.1 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 no less
than $5,000,000 per occurrence and $5,000,000 general aggregate.
Coverage shall be at least as broad as that provided by ISO CG 00 01 1/96
or its equivalent and include severability of interests. Such insurance shall
name the City, its officers, officials and employees as additional insureds per
ISO CG 2026 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. Coverage may take the form of a primary layer and a secondary
or umbrella layer, but the combination of layers must equal $5,000,000 at a
minimum.
b. Commercial Automobile Liability insurance with minimum
combined single limits of $5,000,000.00 each occurrence 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. The policy shall contain a
severability of interests provision.
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c. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington and employer’s liability with a
limit of $1,000,000 each accident/disease/policy limit; and
19.2 Deductibles/Certificate of Insurance. Any deductible of the policies
shall not in any way limit Franchisee’s liability to the City.
19.3 Endorsements. All policies shall contain, or shall be endorsed so that:
a. The City, its officers, officials, boards, commissions, employees,
and agents are to be covered as, and have the rights of, additional insureds
with respect to liability arising out of activities performed by, or on behalf of,
Franchisee under this Franchise or Applicable Law, or in the construction,
operation or repair, or ownership of the Cable System;
b. Franchisee's insurance coverage shall be primary insurance with
respect to the City, its officers, officials, boards, commissions, employees,
and agents. Any insurance or self-insurance maintained by the City, its
officers, officials, boards, commissions, employees, and agents shall be in
excess of the Franchisee's insurance and shall not contribute to it; and
c. Franchisee's 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.
19.4 Acceptability of Insurers. The insurance obtained by Franchisee shall
be placed with insurers with a Best's rating of no less than "A VII."
19.5 Verification of Coverage. The Franchisee shall furnish the City with
certificates of insurance and endorsements or a copy of the page of the
policy reflecting blanket additional insured status. The certificates and
endorsements for each insurance policy are to be signed by a Person
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authorized by that insurer to bind coverage on its behalf. The certificates
and endorsements for each insurance policy are to be on standard forms or
such forms as are consistent with standard industry practices.
19.6 Franchisee’s maintenance of insurance as required by this Section 19
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.
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SECTION 20. – Abandonment of Franchisee’s Telecommunications
Network. 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 thirty (30) 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 Director,
and all necessary permits must be obtained prior to this work. The plan for
abandonment shall include a proposal and instruments for transferring
ownership to the City. Any Facilities that are not permitted to be abandoned
in place and that are not removed within thirty (30) days of receipt of City’s
notice shall automatically become the property of the City. Except that
nothing contained within this Section 20 shall prevent the City from
compelling Franchisee to remove any such Facilities through judicial action
when the City has not permitted the Franchisee to abandon the Facilities in
place. The provisions of this Section 20 shall survive the expiration,
revocation, or termination of this Franchise.
SECTION 21. – Bonds.
21.1 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;
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(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 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 guarantee
as described in Section 21.2. Compliance with the performance guarantee
requirement of the City’s current Design and Construction Standards shall
satisfy the provisions of this Section 21.1.
21.2 Maintenance Guarantee. 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 20.1, 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 21.2.
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21.3 Original financial guarantee amounts described in Section 21.1 and
Section 21.2 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 based on an
updated engineer’s cost estimate or as determined by the City. Financial
guarantees will be fully released only after all final punchlist 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.
21.4 Franchisee shall provide 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
City. In the event Franchisee shall fail 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 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 21.4 shall constitute a
material breach of this Franchise, subject to the notice and cure provisions of
Section 22.2. Franchisee further agrees to replenish the Franchise Bond
within fourteen (14) 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.
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21.5 All bonds provided to the City under this Section 21 shall be on forms
provided by the City and with sureties registered with the Washington State
Insurance Commissioner or other financial institutions acceptable to the City.
SECTION 22. – Remedies to Enforce Compliance.
22.1 In addition to any other remedy provided in this Franchise, the City
reserves the right to pursue any remedy available at law or in equity to
compel or require Franchisee and/or its successors and assigns to comply
with the terms of this Franchise. The pursuit of any right or remedy by the
City shall not prevent the City from thereafter declaring a revocation for
breach of the conditions. In addition to any other remedy provided in this
Franchise, Franchisee reserves the right to pursue any remedy available at
law or in equity to compel or require the City, its officers, employees,
volunteers, contractors and other agents and representatives, to comply with
the terms of this Franchise. Further, all rights and remedies provided in this
Franchise shall be in addition to and cumulative with any and all other rights
and remedies available to either the City or Franchisee. Such rights and
remedies shall not be exclusive, and the exercise of one or more rights or
remedies shall not be deemed a waiver of the right to exercise at the same
time or thereafter any other right or remedy. 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 provided by law, equity or
otherwise, and nothing contained in this Franchise shall be deemed or
construed to effect any such waiver. The parties reserve the right to seek
and obtain injunctive relief with respect to this Franchise to the extent
authorized by applicable law. The execution of this Franchise shall not
constitute a waiver or relinquishment of this right. The parties agree that if a
party obtains injunctive relief, neither party shall be required to post a bond
or other security and the parties agree not to seek the imposition of such a
requirement.
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22.2 If either party violates or fails to comply with any of the provisions of
this Franchise or a permit issued as required by Section 8.3, or should it fail
to heed or comply with any notice given to such party under the provisions of
this Franchise (the “Defaulting Party”), the other Party (the “Non-defaulting
Party”) shall provide the Defaulting Party with written notice specifying with
reasonable particularity the nature of any such breach and the Defaulting
Party shall undertake all commercially reasonable efforts to cure such breach
within thirty (30) days of receipt of notification. If the Non-defaulting Party
reasonably determines the breach cannot be cured within thirty (30) days,
the Non-defaulting Party may specify a longer cure period, and condition the
extension of time on the Defaulting Party’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 the
Defaulting Party does not comply with the specified conditions, the Non-
defaulting Party may pursue any available remedy at law or in equity as
provided in Section 22.1, or in the event Franchisee has failed to timely cure
the breach, the City, at its sole discretion, may elect to: (1) revoke this
Franchise pursuant to Section 23; (2) claim damages of Two Hundred Fifty
Dollars ($250.00) per day against Franchisee (and collect from the Franchise
Bond if necessary); or (3) extend the time to cure the breach if under the
circumstances additional time is reasonably required.
SECTION 23. – Revocation. If Franchisee willfully violates or fails to
comply with any material provisions of this Franchise, the City may revoke
this Franchise after (1) providing at least thirty (30) days’ written notice to
Franchisee specifying the alleged violation or failure; and (2) holding a
hearing before City Council. This 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) days after the hearing, the Kent City Council, on the basis of the record,
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shall 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 Kent 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 Kent City Council does
not grant any additional period, the Kent 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.
SECTION 24. – Non-Waiver. The failure of either party to insist upon
strict performance of any of the covenants and agreements of this Franchise
or to exercise any option 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 25. – Police Powers and City Regulations. Nothing within
this Franchise 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, consistent with 47 U.S.C. §
253, the location, elevation, manner of construction, and maintenance of any
Facilities by Franchisee, and Franchisee shall promptly conform with all such
regulations, unless compliance would cause Franchisee to violate other
requirements of law. The City reserves the right to promulgate any
additional regulations of general applicability as it may find necessary in the
exercise of its lawful police powers consistent with 47 U.S.C. § 253. In the
event of a conflict between the provisions of this Franchise and any other
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ordinance(s) enacted under the City’s police power authority, such other
ordinances(s) shall take precedence over this Franchise.
SECTION 26. – Cost of Publication. The cost of publication of this
Franchise shall be borne by Franchisee.
SECTION 27. – Acceptance. This Franchise may be accepted by
Franchisee by its filing with the City Clerk of an unconditional written
acceptance, within sixty (60) days from the City’s execution of this Franchise,
in the form attached as Exhibit A. Failure of Franchisee to so accept this
Franchise shall be deemed a rejection by Franchisee and the rights and
privileges granted shall cease. In addition, Franchisee shall file the certificate
of insurance and the additional insured endorsements obtained pursuant to
Section 19, any construction guarantees, if applicable, pursuant to Section
21.1, the Franchise Bond required pursuant to Section 21.4, and the costs
described in Section 16.1.
SECTION 28. – Survival. All of the provisions, conditions, and
requirements of Section 5, Section 6, Section 8, Section 14, Section 18,
Section 20, and this Section 28 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 this Franchise, and
any renewals or extensions, to the extent provided for in those sections. All
of the provisions, conditions, regulations, and requirements contained in this
Franchise shall further be binding upon the 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 successors and assigns equally as if they were specifically mentioned
where Franchisee is named.
SECTION 29. – Changes of Ownership or Control.
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29.1 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,
unless there is a change of control as described in Section 29.2. Franchisee
shall 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 29, 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 the provisions of
this Franchise.
29.2 Any transactions that singularly or collectively result in a change of
more than fifty percent (50%) of the: ultimate ownership or working control
of Franchisee, ownership or working control of the Facilities, ownership or
working control of affiliated entities having ownership or working control of
Franchisee or of the Facilities, or of control of the capacity or bandwidth of
Franchisee’s Facilities, shall be considered an assignment or transfer
requiring City approval. Transactions between affiliated entities are not
exempt from City approval if there is a change in control as described in the
preceding sentence. Franchisee shall promptly notify the City prior to any
proposed change in, or transfer of, or acquisition by any other party of
control of Franchisee. Every change, transfer, or acquisition of control of
Franchisee shall cause a review of the proposed transfer. The City shall
approve or deny such request for an assignment or transfer requiring City’s
consent within one hundred twenty (120) days of a completed application
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from Franchisee, unless a longer period of time is mutually agreed to by the
parties or when a delay in the action taken by the City is due to the schedule
of the City Council and action cannot reasonably be obtained within the one
hundred twenty (120) day period. If the City adopts a resolution denying its
consent and such change, transfer, or acquisition of control has been
effected, the City may revoke this Franchise, following the revocation
procedure described in Section 23. The assignee or transferee must have the
legal, technical, financial, and other requisite qualifications to own, hold, and
operate Franchisee’s Services. Franchisee shall reimburse the City for all
direct and indirect costs and expenses reasonably incurred by the City in
considering a request to transfer or assign this Franchise, in accordance with
the provisions of Section 16.3 and Section 16.4, and shall pay the applicable
application fee.
29.3 Franchisee may, without prior consent from the City: (1) lease the
Facilities, or any portion, to another person; (2) grant an indefeasible right of
user interest in the Facilities, or any portion, to another person; or (3) offer
to provide capacity or bandwidth in its Facilities to another person, provided
further, that Franchisee shall at all times retain exclusive control over its
Facilities and remain fully responsible for compliance with the terms of this
Franchise, and Franchisee shall furnish, upon request from the City, a copy of
any such lease or agreement, provided that Franchisee may redact the
name, street address (except for City and zip code), Social Security
Numbers, Employer Identification Numbers or similar identifying information,
and other information considered confidential under applicable laws provided
in such lease or agreement, and the lessee complies, to the extent
applicable, with the requirements of this Franchise and applicable City codes.
Franchisee’s obligation to remain fully responsible for compliance with the
terms under this Section 29.3 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.
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SECTION 30. – Entire Agreement. This Franchise constitutes the
entire understanding and agreement between the parties as to the subject
matter within this Franchise and no other agreements or understandings,
written or otherwise, shall be binding upon the parties upon execution of this
Franchise.
SECTION 31. – 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 Franchisee’s Facilities for the fair
market value. In determining the value of such Facilities, no value shall be
attributed to the right to occupy the area conferred by this Franchise.
SECTION 32. – Vacation. If at any time the City, by ordinance and in
accordance with applicable laws, 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
Franchisee in writing not less than sixty (60) days before vacating all or any
portion of any such area. The City will, if practicable, reserve an easement
for Franchisee’s telecommunications network under the same terms and
conditions as this Franchise at the location vacated by City, and if not
practicable, the City may, after sixty (60) days’ written notice to Franchisee,
terminate this Franchise with respect to such vacated area.
SECTION 33. – Notice. Any notice or information required or
permitted to be given to the parties under this Franchise shall be sent to the
following addresses unless otherwise specified by personal delivery,
overnight mail by a nationally recognized courier, or by U.S. certified mail,
return receipt requested and shall be effective upon receipt or refusal of
delivery:
CITY OF KENT
Attn: City Clerk
220 Fourth Avenue South
41 Franchise – Verizon
Ordinance
Kent, WA 98032
Company Address:
MCImetro Access Transmission Services Corp.
ATTN: Franchise manager
600 Hidden Ridge
Mailcode: HQE02G295
Irving, TX 75038
With Copies (except for invoices) to:
Verizon Business Network Services
1320 North Courthouse Road, Suite 900
Arlington, VA, USA 22201
Attn: Deputy General Counsel, Network and Technology
SECTION 34. – 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, in which event
either party may request renegotiation of those remaining terms of this
Franchise materially affected by such court’s ruling.
SECTION 35. – Compliance with all Applicable Laws. Each party
agrees to comply with all present and future federal, state, and local laws,
ordinances, rules, and regulations. This Franchise is subject to ordinances of
general applicability enacted pursuant to the City’s police powers. The City
reserves the right at any time to amend this Franchise to conform to any
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, when such statute, regulation, or ordinance necessitates this
Franchise be amended in order to remain in compliance with applicable laws,
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but only upon providing Franchisee with thirty (30) 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 regarding 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, either party may pursue any available remedies at
law or in equity.
SECTION 36. – Attorney Fees. If a suit or other action is instituted in
connection with any controversy arising out of this Franchise, each party
shall pay all its legal costs and attorney fees incurred in defending or bringing
such claim or lawsuit, including all appeals, in addition to any other recovery
or award provided by law; except that nothing in this section shall be
construed to limit the City’s right to indemnification under Section 18 of this
Franchise.
SECTION 37. – 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 harmless
from and against any and all claims, costs, and liabilities including reasonable
attorney fees and costs, arising out of or in connection with the cleanup or
restoration of the property to the extent caused by 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. Franchisee shall have only that responsibility or liability for
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managing, monitoring, or abating a hazardous condition that it may have
under state or federal law and this Franchise shall not be interpreted to
expand Franchisee’s legal obligations relating to any pre-existing hazardous
substances undisturbed by Franchisee.
SECTION 38. – Licenses, Fees and Taxes. Prior to constructing any
Facilities or providing Services within the City, Franchisee shall obtain a
business or utility license from the City, if so required. Franchisee shall pay
all applicable taxes on personal property and Facilities owned or placed by
Franchisee in the Rights-of-Way and shall pay all applicable license fees,
permit fees, and any applicable tax unless documentation of exemption is
provided to the City and shall pay utility taxes and license fees properly
imposed by the City under this Franchise. However, nothing in this Franchise
is intended to alter, amend, modify or expand the taxes and fees that may
lawfully be assessed on Franchisee’s business activities under applicable law.
SECTION 39. – Miscellaneous.
39.1 The City and Franchisee respectively represent that their respective
signatories are duly authorized and have full right, power, and authority to
execute this Franchise on such party’s behalf.
39.2 This Franchise shall be construed in accordance with the laws of the
State of Washington. The United States District Court for the Western
District of Washington, and King County Superior Court have proper venue
for any dispute related to this Franchise.
39.3 Section captions and headings are intended solely to facilitate the
reading of this Franchise. These captions and headings shall not affect the
meaning or interpretation of the text within this Franchise.
39.4 Where the context so requires, the singular shall include the plural and
the plural includes the singular.
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39.5 Franchisee shall be responsible for obtaining all other required
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.
39.6 This Franchise is subject to all applicable federal, State and local laws,
regulations and orders of governmental agencies as amended, including but
not limited to the Communications Act of 1934, as amended, the
Telecommunications Act of 1996, as amended, and the Rules and Regulations
of the FCC. Neither the City nor Franchisee waive any rights they may have
under any such laws, rules or regulations.
39.7 There are no third party beneficiaries to this Franchise.
39.8 This Franchise may be enforced at both law and in equity.
SECTION 40. – 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 41. – Effective Date. This ordinance shall take effect and be
in force five (5) days from and after its passage and publication as provided
by law.
SUZETTE COOKE, MAYOR
ATTEST:
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KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2017.
APPROVED: day of , 2017.
PUBLISHED: day of , 2017.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved by
the Mayor of the City of Kent as hereon indicated.
(SEAL)
KIMBERLEY A. KOMOTO, CITY CLERK
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EXHIBIT A
STATEMENT OF ACCEPTANCE
MCImetro Access Transmission Services Corp. d/b/a Verizon Access
Transmission, a Delaware Corporation (“Verizon”) for itself, its successors
and assigns, accepts and agrees to be bound by all lawful terms, conditions
and provisions of the Franchise attached and incorporated by this reference.
Verizon declares that it has carefully read the terms and conditions of this
Franchise and unconditionally accepts all of the terms and conditions of the
Franchise and agrees to abide by such terms and conditions. Verizon has
relied upon its own investigation of all relevant facts and it has not been
induced to accept this Franchise and it accepts all reasonable risks related to
the interpretation of this Franchise.
MCImetro Access Transmission Services Corp. d/b/a Verizon Access
Transmission, a Delaware Corporation
By: _____________________ Date: _______________________
Name: ____________________
Title: ____________________
47 Franchise – Verizon
Ordinance
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OTHER BUSINESS
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Agenda Item: Bids – 9A_
TO: City Council
DATE: September 19, 2017
SUBJECT: Briscoe-Desimone Levee Improvements Reach 2 and 3 Mitigation
Planting Project – Award
SUMMARY: This project will install a drip line irrigation system for the 850 LF Reach 2
and the 2350 LF Reach 3 levees along the Green River and consist of planting and
maintaining 60 native trees and 1,200 shrubs. The project includes the installation of
two service line connections and two water meters to provide water for the irrigation
systems. Maintenance of plantings shall include weeding and watering for 3-years
after installation to ensure native plant survival.
The Engineers estimate for this project was $475,755.50.
EXHIBITS: Memo dated September 12, 2017
RECOMMENDED BY: Public Works Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: This project is funded by approved funds from the Flood Control
District Inter-local Agreement for the Briscoe Desimone Levees.
MOTION: Award the Briscoe-Desimone Levee Improvements Reach 2 and 3
Mitigation Planting Project to Buckley Nursery, Co. in the amount of
$355,361.33 and authorize the Mayor to sign all necessary documents,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E.,
Public Works Director
Address: 400 West Gowe Street
Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: September 12, 2017
TO: Mayor Cooke and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: Briscoe-Desimone Levee Improvements Reach 2 and 3
Mitigation Planting Project - Award
Bid opening for the Briscoe-Desimone Levee Improvements Reach 2 and 3 Mitigation
Planting Project was held on September 13, 2017 with one (1) bid received. The
lowest responsible and responsive bid was submitted by Buckley Nursery Co. in the
amount of $355,361.33. The Engineer's estimate was $475,755.50. The Public
Works Director recommends awarding this contract to Buckley Nursery Co.
Bid Summary
01.Buckley Nursery Co.$355,361.33
Engineer's Estimate $475,755.50
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Agenda Item: Bids – 9B_
TO: City Council
DATE: September 19, 2017
SUBJECT: Cambridge Reservoir Recoating and Fall Protection Improvements
Project – Award
SUMMARY: This project consists of removal of mill scale, reservoir interior and
exterior preparation and recoating, platform and walkway modifications, handrail
modifications, replacement of roof vent, level gauge replacement, security
improvements, electrical and instrumentation work, and install a fall protection
system.
The Engineers estimate for this project was $897,050.00.
EXHIBITS: Memo dated September 12, 2017
RECOMMENDED BY: Public Works Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: This project is funded through previously budgeted Water utility
funds.
MOTION: Award the Cambridge Reservoir Recoating and Fall Protection
Improvements Project to Purcell Painting & Coating, LLC in the amount of
$1,034,000.00 and authorize the Mayor to sign all necessary documents,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E.,
Public Works Director
Address: 400 West Gowe Street
Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: September 12, 2017
TO: Mayor Cooke and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: Cambridge Reservoir Recoating & Fall Protection Improvements
Project - Award
Bid opening for the Cambridge Reservoir Recoating & Fall Protection Improvements
Project was held on September 12, 2017 with four (4) bids received. The lowest
responsible and responsive bid was submitted by Purcell Painting & Coating, LLC in
the amount of $1,034,000.00. The Engineer's estimate was $897,050.00. The Public
Works Director recommends awarding this contract to Purcell Painting & Coating, LLC.
Bid Summary
01.Purcell Painting & Coating, LLC $1,034,000.00
02.HCI Industrial & Marine Coating, Inc.$1,385,714.00
03.Western Partitions, Inc.$1,552,746.80
04.Long Painting Company $1,796,140.50
Engineering’s Estimate $897,050.00
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REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Council President
B. Mayor
C. Administration
D. Economic & Community Development
E. Operations
F. Parks & Human Services
G. Public Safety
H. Public Works
I. Regional Fire Authority
J. Other
K. Other
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Page 1 of 9
OFFICE OF THE MAYOR
Derek Matheson, Chief Administrative Officer
Phone: 253-856-5700
Fax: 253-856-6700
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: 09/19/17
TO: Mayor Cooke
Councilmembers
FROM: Derek Matheson, Chief Administrative Officer
SUBJECT: CAO Report for Tuesday, September 19, 2017
The Chief Administrative Officer’s report is intended to provide Council and staff an update
on the activities of the City of Kent.
ADMINISTRATION
•The mayor, CAO, and finance staff met on the last day of August to make final
decisions on the mayor’s proposed mid-biennium budget adjustment, which the
mayor will present to the city council at a special meeting on Tuesday, Sept. 26.
•The Major Projects Team has shifted its focus from the now-complete Riverbend
Marquee on Meeker legal agreements to Naden Avenue project; the YMCA remains a
top focus.
•The CAO and deputy economic & community development director met with the new
regional director over Kent-area libraries in early September to discuss efforts to
address homelessness and public safety at the Kent Library and Town Square Park.
•The CAO took over as president of the Washington City/County Management
Association at the association’s conference last month in Spokane. Three Kent CAOs
have now served as president, including Joe Street in 1977 and Dick Cushing in
1983.
•HR Business Strategy & Performance Analyst Todd Babcock is working to Lean the
CAO report by first conducting three focus groups and an online survey.
Neighborhood Program
•Kent’s Neighborhood Program along with Public Works Transportation staff will be
setting up three different neighborhood meetings in October to address parking
concerns in the Shadow Run, Fern Crest, and Ceder Pointe neighborhoods. .
•The Neighborhood Program received three Matching Grant applications. Saltair Hills
is proposing to build additional benches to install in their neighborhood, White Horse
Crossing is proposing to build and install a kiosk, and The Lakes in Kent is proposing
goose/water fowl mitigation strategies around a portion of one of their lakes. The
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neighborhoods will present their proposals to the Matching Grant Review Team on
Wednesday, September 27.
•The Neighborhood Program is working collaboratively with Catholic Community
Services, Hillside Church and their W.A.P.A.C. (Washington Pacific District), which
consists of over 80 churches from up and down the I-5 corridor, to come together for
one day “Mission Day” on September 30 to serve the city of Kent. We have
identified three homes in need and will expect in attendance 150 teenagers between
the ages of 12 and 18 and over 50 adult volunteers.
City Clerk’s Office
•The has started creating templates, setting up editors and approvers, and completed
the first two training sessions for Accela, the City’s agenda routing system. There
will be continuing training and testing sessions prior to fully-deploying the system by
the end of the year.
•Records management continues to be a top priority. The team is working closely
with city departments and assisting them with preparing records inventories ahead of
the launch of Laserfiche, the City’s newly-acquired records management system.
ECONOMIC AND COMMUNITY DEVELOPMENT
Planning Services
•Staff has engaged with Dick’s Drive-In representatives to communicate permitting
requirements and understand the key project elements that will lead to a successful
opening.
•Initial project drawings were filed by Goodman Real Estate for development of the
long-vacant 10-acre Cancer Care site at the SW corner of Meeker and 64th Avenue.
The mixed use project will include 279 residential units and flexible first floor space
for commercial or residential use. The project will also provide substantial street-
side plaza space and Meet Me on Meeker frontage improvements.
Long Range Planning Services
•Staff are disseminating the draft Meet Me on Meeker Design and Construction
Standards, and coordinating staff feedback. A tentative schedule for adoption has
been drafted and will be presented to Public Works Committee meeting on
September 18.
•Staff is working closely with Public Works’ staff to develop a competitive project for
Puget Sound Regional Council’s Transportation Alternatives Program funding. The
grant application is due September 20; the focus of the funding is on bicycle and
pedestrian projects. Meet Me on Meeker is a perfect fit for the grant.
•Staff is working with Kent Elementary School to create a series of workshops this
fall. The City is partnering with the school and outside facilitation to bring the school
community together to discuss the property frontage. In general, the workshops
seek to address the question: how can Meeker Street and Kent Elementary become a
more unified, thoughtful, healthy, safe and beautiful place?
•At a September 5 public hearing, staff presented a process for establishing
permanent regulations regarding safe injection sites in Kent. Staff is developing
alternatives to be presented to City Council, which will include feedback received
during the public hearing and lessons learned from other cities.
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•Staff reviewed draft Covered Employment Data developed by Puget Sound Regional
Council (PSRC). This data is used to map the geographic location and types of jobs
throughout the region. Staff reviews ensured accurate representation of businesses,
their locations, and the number of jobs they contribute to Kent’s economy. PSRC will
finalize the data over the coming months.
•An application for a UW Evans School of Public Affairs capstone project sponsorship
was submitted this week. The proposed project is for a student consultant team to
identify and implement actionable projects that inundate downtown public spaces
with positive activity. Best practices suggest that sufficient positive activity will
overwhelm and displace negative behaviors such as crime and drug use.
Building & Permit Center
•Upcoming Projects
o West Meeker & 64th, Pre-App, Description: Build a 308 unit apartment
complex at W Meeker and 64th Ave S, Approx. 10 Acres.
o 116 Pl Rezone, Pre App, Proposal to rezone approximately 9.3 acres from R-8
to MRM.
o Iron Mountain, Russell Rd S, Pre App.
o Subdivide 4 parcels into 19 lots. Demo all existing structures. Access from SE
273rd St to serve 16 lots, 3 lots will have access from SE 272nd St. Proposal
is for new construction of a concrete tilt up warehouse building with a framed
office component.
o Arco Fuel Facility, 116 Ave SE, Foundation Only.
•Total Permit Issued: 175 with valuation of $4,685,655.69
•Total Inspections: 350 - Passed: 285, Failed: 46, Continued: 19
EMERGENCY MANAGEMENT
Regional Coordination
•Emergency Management staff have been assisting with State Mobilization. State
Mob allows for local resources to be deployed to areas in the State that need
assistance. Several wildland fires are still being worked in the State of Washington.
Finance Section Chief Training
•Jenny Keizer attended a week long finance/admin section chief training conducted by
the National Emergency Institute.
Public Assistance
•Staff is coordinating with Public Works and the Parks Department for declared
disaster #4309. The time period of January 30 - February 22 has been officially
declared a Presidential Disaster. This allows for federal reimbursement of response
and damage related activities.
Community Emergence Response Team (CERT)
•Classes will begin September 21, with an evening and afternoon option. The evening
class is at capacity. Several seats are still available in the afternoon class.
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HUMAN RESOURCES
Benefits
•Working on system requirements and updates needed for Open Enrollment.
•Working on renewals for Open Enrollment.
Labor, Classification & Compensation
•Researching a number of classification actions received from various departments.
•Labor Management Meeting was held on Thursday, September 14.
Recruitment
•Interviews for the Administrative Assistant III position in Parks were held on
September 12.
•Interviews for the Transportation Engineer III in Public Works were held on
September 14.
•Hollyann Nowasky was hired as a Technical Support Specialist I in IT, effective
September 18.
LAW
•Staff conducted two code enforcement training sessions for the Building Department.
•Departments provided legal review of 17 code enforcement correction notices and 16
notices of violation in August.
PARKS, RECREATION, AND COMMUNITY SERVICES
•The Lake Meridian Life Guard Beach Program ended on Labor Day, concluding a
successful and very hot ten week summer season. Twenty-two vigilant, committed
and highly trained lifeguards supervised the beach seven days a week from 12:00pm
to 7:00pm. Over 100,000 visitors took advantage of the beach and well maintained
park during guarded hours. Their days were filled with struggling swimmers, lost
children, first aid calls, managing the free Life Vest Loaner Program (2,667 life vests
were issued over the summer), breaking up fights, providing safety education to kids
and families and training in preparation for the next save.
•One-hundred and ten people attended the Stafford Suites Dessert Deli & Café
Fundraiser with the Silversounds NW Rock ‘n Roll Choir at the Senior Activity Center.
This year’s theme was American Jukebox. This popular yearly event raised $2,800
to help support the senior lunch program.
•Human Services and Police staff scheduled a tour of the new Ray of Hope Day Center
in Auburn. The Auburn Food Bank in conjunction with Valley Cities and the Auburn
Homeless Task Force recently opened the located at 2536 I Street N. Services
include showers, laundry, food and connections with case works from Orion, Valley
Cities and other service providers. Hours of operation are Monday through Friday,
10am-3:30pm. Catholic Community Services plans to operate an overnight shelter at
the same location beginning in October that will operate from 9pm-9am, seven days
a week.
•Staff will be accessing a new interactive resource from the Alliance’s Homelessness
Research Institute, which allows users to take a market-by-market view of
homelessness. Users can analyze a variety of data in each market, including the
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total rate of homelessness; and the size of the sheltered and unsheltered populations
for family, individual, youth, veteran, and chronically homeless populations.
•Staff attended the All Home Funder Alignment Committee meeting. Recent focus has
been on the rank order of projects for the Seattle/King County Continuum of Care
(CoC). Each year the CoC submits an application to the U.S. Department of Housing
and Urban Development (HUD) for McKinney Continuum of Care Homeless
Assistance Grant funds. Our CoC has made significant efforts to realign our funding
portfolio, shifting to spending more on permanent housing (rapid rehousing and
permanent supportive housing). The Funder Alignment Committee discussed and
made minor changes to the rank order prior to approving the recommendations that
will be voted on by the Coordinating Board.
POLICE
Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions
•Andrehas Rodriguez-Johnston resigned from the Police Department and reinstated to
Corrections.
•Elmer Querubin, Travis Eaton, and Robert Bonjukian will start as Police Officers on
October 2.
Significant crime activities/arrests/investigations
•September 3: Report of shots fired in the 25300 block of 121st Pl SE, no reported
injuries. The case has been referred to detectives.
•September 4: A man was arrested for raping a female victim while impersonating an
Uber/Lyft driver.
•September 8: Illegal discharge in the area of Somerset Apartments. Officers found
15 bullet casings. There were no known injuries, other witnesses or suspects.
•September 8: Fourteen rounds were discharged at the Hookah bar next to Sam’s bar
on Kent East Hill. Detectives were told someone had been shot in the head but then
later learned it was only a scratch. There were no other reports of victims.
•September 10: Subject arrested for child neglect after leaving his 1.5 year old son
in his vehicle for over an hour while he burglarized his ex-girlfriend’s apartment. The
child was in good health and turned over to CPS.
Events and awards
•September 6: Police Retiree breakfast.
•September 8: Chief’s BBQ.
PUBLIC WORKS
Design
•S 224th St Project 84th to 88th – Contract awarded June 6. Hytek moving forward
with site cleanup – cleanup began early September. Condemnation ordinance to be
presented at Committee on September 18 for both phases.
•S 224th St Project 88th to 94th – Completed and secured rights from three of eight
parcels impacted by the project. Condemnation ordinance has been prepared to
facilitate acquisitions for remaining parcels. Joint Aquatic Resources Permit
Application submitted to Department of Ecology for review and has been accepted as
a complete package. Meeting with Power and Communication utilities scheduled for
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later this week to continue relocation design(s). 60% review moved to October to
accommodate other project reviews (228th UPRR Final).
•S 228th St UPRR Grade Separation (and 228th Bikeway) – Completed and secured
rights from four of 11 parcels. Negotiations continue with remaining businesses.
Preparing to condemn on several parcels to maintain project schedule.
•Briscoe-Desimone Reach 2 and 3 Plantings – Bid Opened September 13 and will go
to Council on September 19.
•Naden Ave/Willis St Intersection Improvements – Channelization plans submitted to
WSDOT for design review.
•Naden Local Access Road Willis ST to Naden Assembly – Supporting ECD – Reviewed
analysis by consultant for on-site drainage conveyance options.
Construction
•LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1): Construction
is currently scheduled to begin on September 25 with mobilization, clearing and
Temporary Erosion and Sediment Control on the West side of SR 167.
o Night work will being on SR 167 on the night of September 30 (Sunday
night). Paving repairs in the northbound and southbound shoulders will be
followed by rechannelization of the work zone and temporary barrier
installation in both directions on the freeway to create a safe work zone in the
median of SR 167. With the work zone established in the median, demolition
of the existing barrier and road surfacing for fiber optic relocation with
proceed.
•80th Ave S Pavement Preservation: Concrete joint sealing and final striping was
done this week. This will conclude the contract work on this project.
•South 208th St Road Repair & Guardrail Installation: Final sign installation took place
September 12.
•S 212th St and 72nd Ave S Intersection Improvements: All concrete paving work is
complete. Placement of concrete for sidewalks and ADA ramps will be complete this
week followed by transition paving from the existing asphalt to the new concrete
paving surface. 72nd Ave both North and South of 212th will be closed for the duration
of this project. Contract work will be taking place during daytime and nighttime
hours, six to seven days per week. Traffic control on 212th with lane restrictions and
the closure of 72nd will be implemented 24/7 until the project completion.
•Habitat Conservation Measure 6: Initial contract work is complete. Planting will take
place this fall.
•132nd Ave SE Pedestrian Improvements (SE 251st St to SE 268th St): Clearing &
grubbing and large tree removal is ongoing. Grading activities as well as block wall
construction and storm pipe installation are also underway this week.
•Woodford Ave N Drainage Improvements: Contract work started Monday, September
11.
•2017 Large Storm Pipe, Culvert and Channel Cleaning, W Meeker St to S 240th St:
Contract activities are concluding with hydroseeding this week followed by site
cleanup and de-mobilization.
•2017 Large Culvert and Channel Cleaning, 64th Ave S: Contract activities are
concluding with hydroseeding this week followed by site cleanup and de-mobilization.
•S 212th Way Overlay: Contract work began Wednesday, September 13 with
mobilization and sawcutting on Thursday. Curb and sidewalk removal will begin at
night starting Monday, September 18.
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•S 240th St Pathway Improvements – Green River Trail to Lakeside Boulevard: The
contract is now fully executed and the preconstruction meeting is scheduled for
Friday, September 15.
•Lake Meridian Estates Storm Drainage Repair: Work will proceed on Monday,
September 18.
Development/Permit Projects
•Manchester Ave Natural Gas Main Replacement – PSE is replacing existing
underground natural gas main between Glenn Nelson Park and 40th Ave S on
Hampton Way, Princeton Ave, Manchester Ave, Strattford Ct, Canterbury Ln,
Highland Ave, and Yale Ct. This work will be followed by paving patch restoration,
ADA improvements, and a full grind and overlay as weather permits.
•SE 223rd Drive Ave Natural Gas Main Replacement – PSE is replacing existing
underground natural gas main on 223rd Drive between 11th Ave SE and 123rd Pl
SE. This work will be followed by paving patch restoration, ADA improvements, and
a full grind and overlay as weather permits.
•SE 222nd St Natural Gas Main Replacement – PSE is replacing existing underground
natural gas main on 222nd St between 108th Ave SE and 116th Ave SE. This work will
be followed by paving patch restoration, ADA improvements, and a full grind and
overlay as weather permits.
Transportation
•Quiet Zone – Staff met with Kathy Hunter of the Washington Utilities and
Transportation Commission on Thursday September 12.
•Traffic Signals – Replaced controller cabinet at 68th Ave S & S 208th St. Safety
monitor testing for Sept has been completed. Requested quotes from five Electrical
Contractors to replace a total of twelve traffic signal loops at our most needed
locations. Quotes due by this Friday.
•SR509 Project – WSDOT will be presenting at the Council Workshop on September
19.
•Valley Flashing Yellow Signal Project (Highway Safety Improvement Program Grant)
–Photos for the plans and specifications were taken and labeled for each
location. This method has been approved by WSDOT.
Land Survey
•Design Mapping: 224th Phase II additional Topo, Mill Creek Drainage Additional
Topo,Linda Heights Pump Station Additional Topo.
•Construction/Staking: 132nd Ave Sidewalk Staking.
•Office/Right of Way: Private Development Walk Thru’s, Quiet Zone Right of Way
Boundary Lines and Clark Springs Easement Exhibits.
GIS
•General: Continuation of Roads update for Valley Communications Center ,LID
Information Resource Map & Tool, Working with ECD, PW, PMO (Linh Kang) and HR
Business Strategy & Performance Analyst Todd Babcock to implement Box workflow
for Asbuilt submittals.
•Weekly Customer Service Requests: Accepting seismic data from consultant on
behalf of PW Operations and making the data available for others to utilize and 2018
Overhead sign replacement inventory map.
Page 8 of 9
Environmental
•Meridian Valley Creek Repair – Proceeding with contract with ForestClouds to repair
the streambank.
•Lower Russell Road Levee – Met with State Recreation Conservation Office, Parks,
and King County on September 7 regarding requirements for the relocation of Van
Doren’s Park to enable construction of the levee and habitat. The meeting went well,
and the RCO provided some potential avenues which would be less onerous.
•Horseshoe Bend Pipe Repair – Went through City Council on September 5.
•Horseshoe Bend Trail Paving – Paving options are being evaluated, with the potential
to have King County Roads crews do the work.
•FEMA Flood Hazard Maps – New preliminary flood hazard maps are scheduled to be
issued Friday, September 15. The maps will have levee protected areas
secluded. FEMA is going to schedule meetings to follow in October and November
with local agency staff and the public.
•Water System Plan – Staff met with the Department of Health on Tuesday,
September 12 regarding requirements for the Water System Plan Update.
•Green River Basin Steward – King County has hired Katie Beaver to be the Lower
Green River Basin Steward and work with the cities in the Lower Green River on
vegetation restoration. PW and Parks staff will be meeting with her on Monday,
September 18.
Streets
•Street Maintenance crews will be grinding sidewalks on Reiten between Titus and
Seattle, doing hot patch repairs on 248th between 108th and 109th, and crack
sealing on 72nd and 80th.
•The concrete crew will be prepping, pouring, backfilling ADA ramps on 80th and
182nd.
•Vegetation crews are performing regular pond maintenance at various sites citywide;
performing an easement clearing project on 124th and 280th. Vegetation crews will
also be clearing fence lines, removing debris, cutting and removing blackberries at
Cantera and Village Creek and cleaning traffic islands citywide.
•The Sign crew will be installing banners downtown and removing a public notice
board from 134th and 243rd.
•Litter Crews continue to remove illegally mounted signs, picking up debris from the
roadway and right of ways, removing illegal dumping sites.
Water
•Staff is working with Engineering Construction Management and Kiewit Construction
on locating a water leak that has developed under 212th at the location of the
concrete intersection project.
•Staff is working with the survey section to pothole the Clark Springs Transmission
Main for a development project located on the old Elk Run Golf Course site. The
project will require relocating a portion of the transmission main.
•Staff is working on an intertie renewal with Water District #111 at our connection
located at 282nd and 124th on the East Hill.
•Guiberson Reservoir located on Scenic Hill is receiving a fresh coat of paint this
week.
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Utilities
•Sewer: Crews are TV’ing existing storm lines, performing pump station services,
pump station weekly’s and inspecting department fall protection.
•Storm: The project crew will be cleaning the twin culvert on Titus and installing a
berm, repairing the shoulder on 218th and repairing a catch basin on 85th. NPDES
crews will be assessing, cleaning and pumping citywide.
Fleet/Warehouse
•The Radio shop continues work on the Police boat and wiring new trucks. Fleet is
working on drop in repairs, scheduled repairs and air brake inspections. The
Warehouse is researching additional locations to haul dirt spoils, small equipment
maintenance as needed and ordering materials and inventory.
# # #
EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION
ADJOURNMENT