HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 09/11/2017 (2)Public Works Committee Agenda
Councilmembers: Brenda FincherDana Ralph•Dennis Higgins, Chair
Director: Timothy J. LaPorte, P.E.
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1st & 3rd Mondays of each month.
Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact
Public Works Administration (253) 856-5500.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
(253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay
Service at 1-800-833-6388.
September 11, 2017
SPECIAL MEETING 4 p.m.
Item Description Action Speaker Time Page
1.Call to Order -- Chair Higgins 01 --
2.Roll Call -- Chair Higgins 01 --
3.Changes to the Agenda -- Chair Higgins 01 --
4.Approval of August 21, 2017 Minutes -
Approve
YES None 03 03
5.WSDOT Air Space Lease – South 224th
Street
Yes Carla Maloney &
Garrett Inouye
05 07
6.Info Only/Construction Update NO Eric Connor 10 35
7.Info Only/Inter-fund Loan for South 224th
Street
NO Paul Scott &
Kristin Lykken
10 37
8.Crosswalk Safety Improvements NO Kelly Peterson 05 39
9.Watershed Update NO Tim LaPorte 10 41
10.Info Only/Quiet Zone Funding - Update NO Chad Bieren 05 43
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PUBLIC WORKS COMMITTEE August 21, 2017
Minutes City of Kent, WA
Summary Minutes
Date: August 21, 12017
Time: 4:00 p.m.
Place: Chambers East
1.Call to Order: The meeting was called to order at 4:01p.m.,by Committee
member Fincher.
2.Roll Call: Committee members, Dana Ralph and Brenda Fincher were present.
Council member Ralph chaired the meeting.
Absent: Committee Chair, Dennis Higgins
3.Changes to the Agenda:
4.Approval of Minutes, Dated August 7, 2017
Committee member Ralph MOVED to approve the Minutes of August 7, 2017. The
motion was SECONDED by Committee member Fincher and PASSED 2 - 0.
5.Acceptance of Additional Transportation Improvement Board (TIB) Grant
Funds for LID 363: S. 224th Street Project
Tim LaPorte, Public Work Director noted that
The S. 224th St. Improvements Project – 84th Ave. S. to 88th Ave. S. is the first phase of
the S. 224th 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 project was advertised with an engineer’s estimate of $14.1 Million. The lowest four
bids were within $500K and the lowest bid was $15.3 Million. The narrow range of bids
indicates that bidders had clarity with the plans and specifications. The higher bids reflect
a regional trend of higher construction prices.
Additional funds ($750,000) were requested from the Transportation Improvement Board
(TIB). As our funding partner, the TIB authorized this higher grant amount which was a
significant win for the project! It also demonstrates that the TIB is well aware of
construction inflation affecting the Puget Sound region. Council needs to officially accept
the funds.
Committee member Ralph MOVED recommend Council authorize the Mayor to
accept additional Grant Funds from the Transportation Improvement Board (TIB)
for the South 224th Street Project in the amount of $750,000, amend the project
budget and authorize the expenditure of funds , subject to final terms and
conditions acceptable to the City Attorney and Public Works Director and was
SECONDED by Committee member Fincher. The motion PASSED 2 - 0.
6. Verizon Franchise Agreement - Recommend
Christina Schuck, City Attorney noted that
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
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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.
Committee member Ralph MOVED to recommend Council authorize the Mayor to
Recommend the City Council adopt an ordinance establishing a 10-year franchise
agreement with MCI/Metro Access d/b/a Verizon Access Transmission Services.,
subject to final terms and conditions acceptable to the City Attorney and Public
Works Director and was SECONDED by Committee member Fincher. The motion
PASSED 2 - 0.
7. Contract with JECB for South 212th Way Overlay - Recommend
Eric Connor, Construction Manager noted that
This contract is for the South 212th Way Overlay Project. This project consists of paving
asphalt, sidewalk repairs, installation of traffic loops, installation of survey monuments,
and roadway subgrade repairs on South 212th Way from SR 167 to 96th Avenue South.
JECB will provide construction project management, administrative services, quality
control (special inspection) and testing for compaction of subgrade, concrete strength,
and compaction of asphalt.
Public Works Construction Engineering staff are each assigned to multiple capital
improvement projects throughout the year. Based on current workload, we augment city
staff with a consultant in order to complete this work in the late summer/early fall. JECB
has worked with the Construction Engineering section in the past and has experience
completing project of this size and scope.
Committee member Ralph MOVED to recommend Council authorize the Mayor 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 and was SECONDED by Committee member Fincher. The motion
PASSED 2 - 0.
8. Information Only/Next Steps Litter Update
Gina Hungerford, Conservation Specialist noted that
Staff presented to the Public Works Committee on May 15, 2017 and to the City Council at
the Council Workshop on July 18, related to litter. Since the July 18th workshop
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discussion, staff researched a number of options, including the following, that we believe
will help reduce littering:
• Promote litter fine as “$1,000 or 90 Days in Jail” with larger signs and in more
locations to help deter littering
•Work with Metro to increase litter pickup at highly littered bus stops by placing cans
or receptacles at stops where they do not exist
•Continue to promote the Adopt-a-Street program and add an Adopt-a-Spot
program for those litter “hot spots”
• Promote: “Keep Kent Beautiful! Put Garbage in the Can, Not on the Ground!” – on
City website, Facebook/Twitter, KentScene Newsletter, K-Hold, and on billboards & at
Showare, as well as on local theater pre-movie slides
•Promote additional clean-up events to provide residents the opportunity to “give
back” to their community; the next TeamUp2CleanUp Event – Oct. 14, 2017 – involve
more businesses and faith-based groups
•Work with Kent schools to provide classroom presentations on reducing waste,
recycling more, and reducing litter; invite schools to do “School Yard Cleanups”
• Plan “Love Your Community” campaign – people sharing online what they love
about Kent, how they’re making a difference to make Kent great, etc. – posted w. photos
on FB/Twitter, On-Hold, KentTV21, etc.
•Partner with fast-food entities to promote “Keep Kent Beautiful! Put Garbage in the
Can, Not on the Ground!” with on-site posters & on their food packaging – food wrappers
being one of the most-littered items
9. Information Only/Water System Update
Water System Manager Sean Bauer provided Committee Members with an update on our
water sources, water system projects, and key accomplishments. Sean Bauer went over
water demand. Peak demand in August was 12.3 million gallons. Sean Bauer spoke on
the additional water storage project and that Agencies continue to work on technical
differences. We are still waiting on final clean up action plan on Landsburg Mine but in the
meantime; we are working with a ground water consultant to find the best locations for
monitoring wells. We should be receiving the final water seismic evaluation report soon
and how an earthquake scenario would impact our water system.
10.Information Only/Quiet Zone Update
Tim LaPorte, Public Works Director and Kelly Peterson, Transportation Manager provided
an update on progress to date. Kelly Peterson spoke on the false pre-emptions and that
we are still waiting to hear back from the railroad. Staff met with Union Pacific and they
said that some of the issues were due to heat. Staff is looking into a grant from the
Washington Utilities and Transportation Commission for up to twenty thousand dollars for
a fence for the quiet zone for two possible locations along the BNRR.
Adjournment
At 5:01p.m., Committee Chair Fincher declared the meeting adjourned.
Cheryl Viseth, Administrative Asst. III
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: September 11, 2017
TO: Public Works Committee Members
FROM: Garrett Inouye, P.E., Project Engineer
THROUGH: Chad Bieren, P.E. Deputy Director / City Engineer
ITEM : WSDOT Airspace Lease - Recommend
SUMMARY: The S. 224th St. Improvements Project – 84th Ave. S. to 88th Ave. S. is
the first phase of the S. 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 SR 167, the
City will need to sign an airspace lease for the construction and operation of 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 operations 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.
EXHIBIT: Airspace Lease
BUDGET IMPACT: All future costs incurred by WSDOT and the City will be funded
out of the Street funds allocated to the project.
Motion: Move to recommend Council 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 S. 224th Street.
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Revised 3/2015
RES 420
AA 1-13678
IC 1-17-14558
Parcels 1-294 and 1-295
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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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: September 8, 2017
TO: Public Works Committee Members
FROM: Eric Connor, Construction Manager
THROUGH: Timothy J LaPorte P.E., Public Works Director
ITEM: Construction Update
Summary: The City of Kent is experiencing a significant amount of construction
activity. Public works infrastructure is or has been constructed this season by a
combination of city crews, contractors working for the city, and private contractors
working for developers. In addition franchise utilities including Highline Water
District (replacing water mains) and Puget Sound Energy (replacing gas mains) have
been very busy in our neighborhoods.
Our Construction Manager, Eric Connor will summarize the more significant work
elements across the city and will also preview work that is continuing or coming
during the remainder of this construction season.
Exhibit: N/A
Budget Impact: Information Only.
Motion: Information only – no motion required
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: September 6, 2017
TO: Public Works Committee Members
FROM: Paul Scott, Accounting Manager
Kristin Lykken, Financial Analyst
THROUGH: Timothy J LaPorte P.E., Public Works Director
SUBJECT: Information Only/South 224th Street
Summary: Paul Scott, Accounting Manager and Kristin Lykken, Financial Analyst will
discuss funding for South 224th Street. The proposal is to use an interfund loan from
drainage to help finance this capital improvement. Loan repayment will come from
LID 363 revenues, which is part of the funding source for this project.
Exhibit: N/A
Budget Impact: Information Only.
INFORMATION ONLY/NO MOTION REQUIRED
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: September 11, 2017
To: Public Works Committee Members
From: Kelly Peterson, AICP, Transportation Engineering Manager
Through: Chad Bieren, P.E., Deputy Director / City Engineer
Item: Crosswalk Safety Improvements
Summary: The city has been asked to install or revise crosswalks at two
locations. The first is on 76th Ave South, south of S. 212th Street. Employees
in this area cross the street mid-block to access different buildings owned by
the same company. A video study was conducted for three consecutive days
which showed that there were four 60 minute periods with 20 or more
pedestrians crossing 76th Ave S. This meets the criteria as outlined in the
adopted City Crosswalk Policy, and is consistent with criteria established by
the Federal Highway Administration.
The second location is to relocate a crosswalk on a designated school walking
route to address child pick-up issues at East Hill Elementary. Parents are
currently using the Fred Meyer parking lot to pick up students. Marked
crosswalks are located to the north at James Street and to the south at SE
242nd Place. The school provides a crossing guard at the southern crosswalk.
This project would relocate the marked crosswalk from SE 242nd Place to be
in front of the school entrance. This project requires construction of ADA
ramps, relocation of school zone flashers, removal of some on-street parking
and new pavement markings. This proposed crosswalk is consistent with the
Kent Crosswalk Policy.
Budget Impact:
The 2017 – 2018 budget included $150,000 per year for crosswalk safety
improvements. The two proposed crosswalks are estimated to be within that
amount.
For Information Only / No Motion Required
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: September 8, 2017
TO: Public Works Committee Members
FROM: Timothy J LaPorte P.E., Public Works Director
ITEM: Update on activities in Clark Spring and Green River watersheds
Summary: This past week significant events have occurred at both the Clark
Springs watershed and the Upper Green River watershed for our Tacoma Water
Supply.
After more than a decade of discussion and controversy the Washington State
Department of Ecology has issued the Draft Consent Decree and the Draft Cleanup
Action Plan for the Landsburg Mine contaminants. Committee members may recall
that this item was brought before the full Council in a Council Workshop in January
of 2017. The city has just received the draft of these two documents. Staff will
review the next steps on this matter.
A wildfire started on 9/4/17 in the upper part of the Green River watershed called
the “Sawmill Creek Fire.” the fire has grown to 930 acres in size and is 0%
contained at the time of this report. The City of Tacoma and partners are concerned
about the potential effects on water quality in the watershed including the effects of
firefighting.
Staff have been meeting with Tacoma officials and will provide a current update on
the situation to the Committee.
Exhibit: N/A
Budget Impact: Information Only.
Motion: Information only – no motion required
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: September 8, 2017
TO: Public Works Committee Members
FROM: Chad Bieren P.E., Deputy Director / City Engineer
SUBJECT: Information Only/Quiet Zone Update
SUMMARY: Staff will provide an update on progress to date.
EXHIBIT: None
BUDGET IMPACT: None
INFORMATION ONLY/NO MOTION REQUIRED
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