HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 10/02/2017 (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.
October 2, 2017
4:00 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 September 18, 2017 Minutes -
Approve
YES None 03 03
5. PSERN Lease Agreement - Cambridge
Water Tank Site - Recommend
YES Christina Schuck 05 07
6. CTR Grant - Recommend YES Antje Kablitz 05 43
7. Grievance Procedure – Americans with
Disabilities Act (ADA) – Recommend
YES Kelly Peterson 05 63
8. U.S. Geological Survey Joint Funding
Agreement - Recommend
YES Mike Mactutis 05 71
9. Info Only/Upcoming Recycling Events &
Litter Pickup - Update
NO Gina Hungerford
05 75
10. Info Only/Meet Me on Meeker – Design &
Construction Standards NO Hayley Bonsteel 20
NO Hayley Bonsteel 15 77
11. Info Only/Sound Transit Preferred Site
Alternative & Non-Motorized Access
Improvements - Kent Station
NO Karen Kitsis 15 --
12. Info Only/Quiet Zone Update NO Chad Bieren 05 79
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PUBLIC WORKS COMMITTEE September 11, 2017
Minutes City of Kent, WA
Summary Minutes
Date: September 18, 12017
Time: 4:00 p.m.
Place: Chambers East
1. Call to Order: The meeting was called to order at 4:01 p.m. by Committee
member Higgins.
2. Roll Call: Committee members, Dennis Higgins, Dana Ralph and Brenda Fincher
were present. Council member Higgins chaired the meeting.
Absent: N/A
3. Changes to the Agenda: There were no changes to the agenda.
4. Approval of Minutes, Dated September 11, 2017
Committee member Fincher MOVED to approve the Minutes of September 11,
2017. The motion was SECONDED by Committee member Ralph and PASSED
3 - 0.
5. LID 363: S 224th Street Condemnation Ordinance - Recommend
Ken Langholz, Design Engineering Supervisor, noted that the City hopes to acquire all of
the necessary property rights through direct negotiations with the owners. The property
rights are needed in order to construct roadway improvements along 88th Avenue S. and
S. 218th Street, the City requires the acquisition of right-of-way and easements from a
number of properties.
Negotiations, thus far are moving along without the need for formal condemnation
proceedings. The City is making every reasonable effort to avoid formal condemnation.
City negotiation staff has been working with property owners for over a year. Litigated
condemnation proceedings would be a last resort.
In order to maintain the schedule necessary for completion of the project, condemnation
proceedings may become necessary if negotiation efforts fail. As required by state law,
notice of Council’s anticipated consideration of the ordinance was mailed to the affected
property owners on August 28, 2017.
Committee member Ralph MOVED to recommend Council adopt an ordinance that
authorizes the condemnation of property or property rights necessary to
construct the S. 224th Street Improvements from 88th Avenue South to 94th
Place South. The motion was SECONDED by Committee member Fincher. The
motion PASSED 3 - 0.
6. 253rd Street & Reith Road Requested Intersection Improvements
Kelly Peterson, Transportation Engineering Manager, invited Tommy Mirante 4223 S 247th
Ct to speak about issues that he and neighbors have with the S 253rd Street & Reith Road
intersection.
Mr. Mirante noted that in 2012 he met with Mayor Cooke and city staff about
improvements to the roadway at S 253rd St and Reith Road. On September 8, 2017
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Mirante met again with Mayor Cooke as well as various department representatives about
a request for improvements. Mirante stated that at the meeting, it was decided that a
four way stop would not be feasible, but that a round-about may be an option. He stated
that Mayor Cooke suggested that he develop a petition.
Signed petitions by residents where handed out at the meeting for the record. The petition
included 33 signatures and reads as follows:
Whereas the intersection of Reith Road and 253rd Pl E has become more concerning to the
residents of the West Hill, and now we petition the Public Work Committee to consider a
proposal to install a round-about; this would slow traffic up and down Reith Rod, and
further protect the safety of traffic crossing the intersection. Note: The September 8,
Committee did agree that an increase in future traffic, without a round-about would create
a further risk for the safety of pedestrians as well as crossing traffic.
Annette Pratt – 4221 S 247th Street represented the Neighbors of the West Hill Council.
Pratt stated that she was personally not in favor of a round-about, but she and her
neighbors are in support of figuring out a safer access to Reith Road. Pratt stated that if
the Marquee at Meeker moves forward a long term comprehensive plan for the roadway
really needs to be looked at.
After much discussion Higgins asked that staff come back to the committee in a month
with the following information:
1. What can be done at this intersection up to and including a traffic study
2. A list of priority intersections citywide; and what the criteria are for prioritization
3. Request that a 10 minute presentation be brought to Council Workshop as soon as
possible so that this intersection can be brought to the Council’s attention. Also the
issue of how the city prioritizes studies like this can be brought to the Council’s
attention.
It was asked that the Marquee on Meeker trip generation be taken into consideration as
staff is looking at this.
7. Goods and Services Agreement with Western Systems, Inc. for Traffic
Signal Cabinets
Kelly Peterson, Transportation Engineering Manager noted that all traffic signals are
controlled by electronic components within the traffic signal control cabinet. These
components include the controller, malfunction monitor, bus interface units, vehicle loop
amplifiers, emergency vehicle pre-emption module, load switches, flasher module, flash
tray transfers, and cabinet power supply.
Peterson stated that the cabinets and their components have a 20-year life cycle; and that
several in the City have exceeded that time frame.
Purchasing the equipment off the state contract includes negotiated prices that assume a
higher volume of goods and provide for the most efficient delivery and lowest cost.
Committee member Fincher MOVED to recommend Council authorize the Mayor
to sign a Goods and Services Agreement with Western Systems for the purchase
of traffic signal cabinets and lighting panels in an amount not to exceed
$119,103.60, subject to final terms and conditions acceptable to the City
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Attorney and Public Works Director. The motion was SECONDED by Committee
member Ralph and PASSED 3 - 0.
8. Information Only/GIS - Update
Catherine Crook, GIS Supervisor introduced herself and her staff and the projects that
each of them is working on.
Crook noted that data on streets, levees, public utilities, property parcels and zoning are
used by the department, by planners and other users throughout the city. Many map
layers, especially those relating to public utilities are developed from in-house sources.
Other data, such as the tax lot base, are supplied by King County as well as other state
and federal sources. Crook said that technology changes over the last several years, offer
opportunities to increase efficiencies. The GIS Section presented these new GIS
technologies for efficiently collecting data and creating city datasets that are being used
by both Public Works and other departments. The GIS Section is working to make these
data sets available online to the public starting next spring/summer.
Here is a link to the ESRI Story Map Presentation
https://cityofkent.maps.arcgis.com/apps/Cascade/index.html?appid=27aed2efe80c4075befcfbbaf1
4e11e6&edit.
9. Information Only/Meet Me on Meeker Design and Construction Standards
Hayley Bonsteel, Senior Long Range Planner weighed in with the committee on key items
related to the Meet Me on Meeker design and construction standards. She noted that it’s
been a collaborative proposal to redesign this gateway and commercial “main street”
connecting the Green River to the historic downtown.
The project has continued to draw interest and support from the community since its
inception in 2015. Staff has been working with transportation consultants to develop
street standards as an overlay to the adopted Design and Construction Standards. Once
adopted, any redevelopment that occurs along the corridor would contribute to the vision
of a safe and welcoming corridor that embraces businesses and helps create a true sense
of place.
The Draft standards have been reviewed by staff but do not yet include staff feedback; a
more finalized draft will be presented at future meetings. In order to adopt this by the end
of 2017 it would mean that this would come back to Public Works Committee on
November 16.
10. Information Only/Quiet Zone Update
Chad Bieren, Deputy Public Works Director/City Engineer noted that staff met with the
UTC in Olympia about our intent to petition for a Quiet Zone. Bieren stated that another
railroad diagnostic will need to be done and that staff would like to do this in November.
Adjournment: At 5:32 p.m., Committee Chair Higgins declared the meeting adjourned.
Cheryl Viseth, Committee Secretary
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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: October 2, 2017
TO: Public Works Committee Members
FROM: Sean Bauer, Water System Manager
THROUGH: Dave Brock, P.E. Deputy Director / Operations Manager
SUBJECT: City of Kent and King County Puget Sound Emergency Radio
Network Communication Tower Lease Agreement - Recommend
Summary: King County is requesting authorization to install wireless
communications facilities at the Cambridge Tank site located at 3301 S. 264th
Street, for the Puget Sound Emergency Radio Network. The equipment will be used
to provide better service in King County. The obligation for King County to pay rent
will commence after several conditions have been met, including the termination of
the lease between the City and ValleyComm and the assignment of ValleyComm’s
facilities to King County. Rent will be $4,320.00 per lease year and will increase by
15% of the then-current rental rate on each successive five year anniversary of the
first full lease year. The term of this Lease will be for a period of 25 years.
Exhibit: Lease Agreement
Budget Impact: There is no budget impact to the water utility.
MOTION: Move to recommend Council authorize the Mayor to enter into a
lease agreement with King County to operate and maintain a wireless
communication facility at the Cambridge Tank site for the Puget Sound
Emergency Radio Network (“PSERN”) subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
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King County Lease #: PSERN-12
King County Site Name: Cambridge
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease") ís made by and between the CITY OF KENT,a Washington municipal corporation ("Landlord"), and KING COUNTY, a political
subdivision of the State of Washington, having offices for the transaction of business at
500 Fourth Avenue, Suite 830, Seattle, Washington 98104 ("Tenant"), for a wireless
communications facility located at 3300 S. 264th Street, Kent, Washington ("Cambridge
Tank").
A,
Kent, King
"Property")
BACKGROUND
Landlord is the owner in fee simple of a parcel of land located in the City of
County, Washington, legally described on the attached Exhibit A (the
B. Landlord has leased a portion of the Property ("ValleyComm Lease") to Valley
Communications Center, an administrative agency formed pursuant to RCW 39.34
("ValleyComm"), for the installation and operation of a tower, shelter, fuel storage tank,
utilities and associated equipment and improvements ("ValleyComm Facilities").
C. Tenant intends to acquire the ValleyComm Facilities listed in Exhibit D, and
sublet space on the acquired ValleyComm Facilities back to ValleyComm and ValleyComm's
tenants located thereon; simultaneously Landlord intends to terminate the ValleyComm
Lease so that Tenant may lease the space on the Property on which the ValleyComm
Facilities are located.
D, Tenant desires to lease that portion of the Property depicted on the attached
Exhibit B, together with nonexclusive access and utility easements, as described or
depicted on the attached Exhibit C, to construct, operate and maintain a communication
facility and associated equipment and improvements.
E. Tenant plans to fund, procure sites for such communication facilities and along
with other municipalities in King County, establish the Puget Sound Emergency Radio
Network (the "PSERN System") to eventually provide service in King County as authorized
by Proposition 1 and King County Ordinances L7993, L8074 and 18075.
F. Accordingly, the parties are entering into this Lease on the terms and
conditions set forth below.
AGREEMENT
In consideration of their mutual covenants, the parties agree as follows:
1. Lease.
1.1. Leased Premises. Landlord leases to Tenant and Tenant leases from
Landlord that portion of the Property described on the attached Exhibit A and depicted on
the attached Exhibit B (the "Premises") together with non-exclusive easements for
LEASE AGREEMENT AT CAMBRIDGE TANK - Page I of 25
(Landlord: C¡ty of Kent; Tenant: King County for PSERN)(2017)
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King County Lease #: PSERN-12
King County Site Name: Cambridge
ingress, egress and utilities over the Property as depicted on Exhibit B and Exhibit C (the
"Easements"). In addition to the Premises, Landlord hereby grants Tenant temporary
access to additional space near the Premises for staging purposes during Tenant's
construction activities, in location(s) to be agreed upon by the parties.
L.2. This Lease is not a franchise nor is it a permit to use the City of Kent's
rights-of-way, Any franchise or permit must be obtained separately from Landlord.
2. Term.
2.L. The term of this Lease shall be for a period of twenty-five (25) years,
commencing on the Commencement Date, as defined in Section 2.2, and terminating on
the last day of the month in which the twenty-fifth anniversary of the Commencement Date
occurs.
2.2. The "Commencement Date" shall be the last date after both Landlord's
and Tenant's authorized representatives have executed this Lease and on which all of the
following conditions have been met:
(a) the ValleyComm Lease and all subleases and licenses thereto are
terminated by mutual consent of ValleyComm and Landlord on terms approved in writing
by the Tenant;
(b) ValleyComm assigns through written agreement to Tenant and
Tenant assumes from ValleyComm all or part of the ValleyComm Facilities; and
(c) ValleyComm and Tenant enter into a written agreement for
ValleyComm's sublease of space within the Premises for ValleyComm's continued operation
of such ValleyComm Facilities that are not transferred to Tenant (if applicable).
In the event that all such conditions have not been met within eighteen (18) months after
the date this Lease is fully executed by both parties, Tenant shall have the right, upon
written notice to Lessor, to deem this Lease null and void and of no further force or effect.
Landlord and Tenant agree that they shall acknowledge the Commencement Date as follows:
Tenant shall notify Landlord in writing of the Commencement Date and within ten (10)
business days of receipt thereof, Landlord shall acknowledge the Commencement Date by
returning the signed written instrument to Tenant.
3. Rent.
3,1, Tenant's obligation to pay rent under this Lease shall commence upon
the Commencement Date. As used herein, a "lease yeaÍ" shall be January lst through
December 3l't during the term of this Lease. Rent shall be Four Thousand Three Hundred
Twenty and No/100 Dollars ($4,320.00) per lease year ("Rent"), payable in advance. Rent
shall be payable as follows: Rent for the first partial lease year (from the Commencement
Date until the next December 3lst) shall be delivered to Landlord within forty-five (a5) days
after the date Tenant receives Landlord's written acknowledgement confirming the
Commencement Date, Thereafter, Rent shall be paid to Landlord annually in advance, on
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 2 of 25
(Landlord: City of Kent; Tenant: King County for PSERN)(2017)
10
King County Lease #: PSERN-12
King County Site Name: Cambridge
or before January lst of each lease year until the Lease expires or is terminated; provided
that if the first full lease year will commence prior to the due date of Rent for the first partial
lease year, then the Rent for the first full lease year shall also be due and payable within
forty-five (45) days after the date Tenant receives Landlord's written acknowledgement
confirming the Commencement Date. Rent for partial lease years shall be prorated and if
Rent is ever overpaid it shall be either refunded or applied to future payments at Tenant's
discretion.
3.2 All Rent payments shall be mailed to:
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Attention : Facilities Superintendent
3.3. Tenant shall pay Landlord a late payment charge equal to five percent
(50/o) of the Rent for any payment not paid within thirty (30) days of when due. In addition,
any amounts not paid when due shall bear interest from the date due until paid at the rate
of one percent (Lo/o) per month.
3.4. Rent shall increase by fifteen percent (15%) of the then-current rental
rate on each successive five (5) year anniversary of the first full lease year after the
Commencement Date, For example purposes only, if the Commencement Date is June 23,
20L7, and the first full lease year thereafter commences on January L, 2OLB, then on
January L,2023, Rent shall be increased to $4,968/year; on January L,2028, Rent shall be
increased to $5,7L3.zj/yeari and on January L, 2033, Rent shall be increase to
$6,570.L9/year; and so on, during the term of this Lease.
3.5. Rent, and all other consideration to be paid or provided by Tenant to
Landlord shall constitute Rent and shall be paid or provided without offset.
4. Use of Premises.
4.1 Tenant may use the Premises for the construction, installation,
operation, maintenance, repair, replacement, upgrade, update, addition, modification and
removal of the communications facilities, and associated equipment and improvements,
including but not limited to the ValleyComm Facilities Tenant acquires, generally depicted
on Exhibit B and described on the attached Exhibit D (collectively, the "Improvements")
for the PSERN System as it is presently designed or may hereinafter be modified or changed
("Permitted Use"). Tenant shall use the Premises for no other purpose,
4.2 Prior to performing any installation or construction work within the
Premises, Tenant shall secure all necessary federal, state and local licenses, permits, and
approvals for the Permitted Use (collectively referred to hereinafter as "Government
Approvals") at its sole expense. Landlord hereby authorizes Tenant to make and sign, as
Landlord's agent, any and all applications and/or submissions necessary to obtain all
Government Approvals from all applicable governmental and/or regulatory entities required
for the Permitted Use of the Improvements within the Premises. Landlord agrees to
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 3 of 25
(Landlord: City of Kent; Tenant: King County for PSERN)(2017)
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King County Lease #: PSERN-12
King County Site Name: Cambridge
reasonably assist Tenant with such applications and with obtaining and maintain¡ng the
Government Approvals.
4.3 Tenant has the right to obtain a title report or commitment for a
leasehold title policy from a title insurance company of its choice and to have the Property
surveyed by a surveyor of its choice. Tenant may also perform and obtain, at Tenant's sole
cost and expense/ soil borings, percolation tests, engineering procedures, environmental
investigation or other tests or reports on, over, and under the Property, necessary to
determine if Tenant's use of the Premises will be cornpatible with Tenant's engineering
specifications; system, design, operations or Government Approvals. Before performing any
of the work described in this Section 4,3, Tenant must receive prior e-mailed approval from
Landlord's Public Works Director or his/her designee.
5. Tenant Improvements
5.1 (a) Tenant may improve the Premises by constructing the
Improvements as depicted on Exhibit B and described on Exhibit D. Tenant is responsible
to provide all labor, materials, equipment, and insurance necessary for the Improvements.
Prior to commencing construction, Tenant shall submit plans and specifications drawn to
scale for all Improvements to Landlord for Landlord's written approval, which approval shall
not be unreasonably withheld. Construction, installation, or alteration of Improvements
shall not be commenced until plans for such work have been approved in writing by the
Landlord and all necessary permits have been properly issued. Landlord's Public Works
Department shall give such approval or provide Tenant with its requests for changes within
thirty (30) business days of Landlord's receipt of Tenant's plans and specifications. The
plans and specifications review schedule described within this Section 5.l(a) does not apply
to the City of Kent acting as a governmental entity issuing permits and other approvals for
these Improvements, and Tenant shall pay all permit costs in addition to Rent described in
Section 3.
(b) After the initial installation of the Improvements, Tenant shall
obtain Landlord's written consent prior to making any material changes in the exterior
appearance, size or design of the Improvements on the Property (including the antennas on
the tower), the location or size of the Premises, and any trenching on the Property.
Landlord's consent shall not be unreasonably withheld, delayed or conditioned. After the
initial installation of the Improvements, except as provided within this Section 5.1(b),
Landlord's consent shall not be required for any installation, maintenance, repair,
replacement, addition, removal, update or upgrade of any of the Improvements or utilities
located within the Premises or Easements.
(c) Tenant shall consult with Landlord to arrange a time it will
conduct construction of any Improvements that require Landlord's prior written consent.
Tenant agrees to adhere to the pre-arranged schedule for construction of Improvements.
5.2 (a) Unless the parties otherwise agree in writing, Tenant shall remove
the Improvements from the Premises upon termination of the Lease. Such removal shall
be done in a workmanlike and careful manner and without interference or damage to any
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 4 of 25
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King County Lease #: PSERN-12
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other equipment, structures or operations on the Property, including use of the Property by
Other Providers as described in Section 6.1, Landlord, orany of Landlord's assignees.
(b) Upon removal of the Improvements, as provided in Section
5.2(a), Tenant shall restore all affected areas of the Property, the Premises and the
Easements, normal wear and tear excluded, to the reasonable satisfaction of Landlord.
(c) All costs and expenses for the removal of the Improvements and
restoration of the Property, the Premises and the Easements and any costs and expenses
arising from this removal shall be solely borne by Tenant.
6. Use by Other Providers.
6.1 Subject to the terms of Section 13.3, Tenant shall cooperate with each
new other communications provider that Landlord leases space on the Property to ("Other
Provider(s)"), excluding space within the Premises.
6.2 Each new Other Provider shall be solely responsible for the cost of
locating and placing its equipment on the Property. The Other Provider shall also be
responsible for any liabilities that arise from the Other Provider's use of the Property.
7. Net Lease. Landlord shall not be required to make any expenditures of any
kind in connection with this Lease or to make any repairs or improvements to the Premises,
with the exception that Landlord is solely responsible for the maintenance of its personal
property located on the Property and the Easements, unless the Landlord's personal
property and/or Easements are damaged by Tenant or Tenant's agents, employees,
licensees or contractors. The parties agree that this is a net Lease intended to assure
Landlord the Rent on an absolute net basis.
B. Maintenance.
8.1. Tenant shall, at its own expense, maintain the Premises (less reasonable
wear and tear or loss by casualty or other causes beyond Tenant's reasonable control), and
all of Tenant's Improvements, equipment, and other personal property on the Premises in
good working order, condition and repair, including any new landscaping that may be
required through the permitting process. Tenant shall keep the Premises free of debris and
anything of a dangerous, noxious or offensive nature or which would create a hazard or
undue vibration, heat, noise or interference thereon. Tenant shall remove graffiti at its own
cost within fifteen (15) calendar days of receipt of written notice to remove by Landlord.
Landlord may remove graffiti, at its own cost, without notice to Tenant. Tenant shall install,
maintain, and replace, when necessary, all new landscaping, at Tenant's sole expense, that
rnay be required by any necessary City of Kent permits. The use of herbicides or
insecticides by Tenant on the Premises is strictly prohibited,
8.2. Notwithstanding anything to the contrary contained in this Lease,
Landlord shall not maintain, repair or otherwise touch or interfere with Tenant's
Improvements without Tenant's prior written consent; provided that, in the event of an
emergency posing an imminent threat of bodily injury or property damage, Landlord may
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take action necessary to abate the threat and shall give Tenant notice of such actions taken
as soon as is reasonably possible thereafter.
9. Access. Landlord and its agents shall have the right to enter the Premises at
all reasonable times, upon not less than two (2) business days'e-mailed notice to Tenant's
authorized representative, so that Tenant may accompany Landlord, to examine and inspect
the Premises; provided, however, that in no event will Landlord, its employees, agents or
contractors remove, relocate, alter, modify or otherwise tamper with Tenant's
Improvements. Tenant shall have 24-hours-a-day, 7-days-a-week access to the Premises,
including by foot, motor vehicle or by air over or along the Easements generally depicted in
Exhibit B.
10. Utilities. Tenant shall, at its expense, separately meter charges for the
consumption of electricity and other utilities associated with its use of the Premises and
shall timely pay all costs associated therewith.
11. License Fees. Tenant shall pay, as they become due and payable, all fees,
charges, taxes and expenses required for licenses and/or permits required for or occasioned
by Tenant's use of the Premises and Easements.
L2. Approvals; Compliance with Laws. Tenant's use of the Premises and
Easements is contingent upon its obtaining all certificates, permits, zoning, and other
approvals that may be required by any federal, state or local authority. Tenant shall erect,
maintain and operate the Improvements in accordance with all applicable communication
site standards, statutes, ordinances, rules and regulations now in effect or that may be
issued thereafter by the Federal Communications Commission ("FCC"), or other federal or
state governmental agency.
13. Interference.
13.1 Tenant's installation, operation, and maintenance of the Improvements
shall not damage or interfere in any way with Landlord's activities on the Property. Landlord
shall be the sole judge of interference caused to the Landlord's radio frequency ("RF')
transmissions and receptions on the Property (outside of the Premises); provided Landlord
shall make all determinations regarding the cause of any such RF interference based on
independent review by experts in the field of RF interference. Tenant agrees to correct,
within thirty (30) calendar days of receipt of written notice of interference from Landlord,
all such actions that materially interfere with Landlord's use of the Property. If the
interference cannot be corrected without Tenant's wireless signal coverage goals from the
Premises being materially impaired, Tenant shall have the right to terminate the Lease.
I3.2 Before approving the placement of the Improvements, Landlord may
obtain, at Tenant's expense, an interference study indicating whether Tenant's intended use
will interfere with any existing communications facilities on the Property.
13.3 In the event that an Other Provider requests a lease from Landlord to
place any type of antennae or transmission facility on the Property, excluding the Premises,
Landlord shall submit a proposal complete with all technical specifications reasonably
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King County Lease #: PSERN-12
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requested by Tenant to Tenant for review for noninterference; however, Landlord shall not
be required to provide Tenant with any spec¡fications or information claimed to be of a
proprietary nature by any third party. The Other Provider shall be responsible for the
reasonable cost of preparing the technical specifications for its proposed transmission
facility. Tenant shall have forty-five (45) calendar days following receipt of any proposal to
make any objections thereto, and failure to make any objection within this forty-five (45)
day period shall constitute consent by Tenant to the installation of antennae or transmission
facilities pursuant to said proposal. If Tenant gives notice of objection due to interference
during this forty-five (45) day period and Tenant's objections are verified by Landlord to be
valid, then Landlord shall not proceed with such proposal unless the Other Provider modifies
the proposal in a manner determined, in Landlord's reasonable judgment, to adequately
eliminate reasonable interference concerns asserted by Tenant. If the Other Provider
actually interferes with the operations of Tenant, Landlord shall make good faith efforts to
have the Other Provider cease operations until the interference can be eliminated. A
governmental unit may be allowed to place antennae or other communications facilities on
the Property, excluding the Premises, as long as there is no interference with Tenant's use.
L4. Default. It shall be a default if:
L4.L Tenant fails to pay Rent or any other sums payable to Landlord when
due, and does not cure such default within thirty (30) calendar days after receipt of written
notice;
L4.2 Tenant removes its Improvements on the Premises for a period longer
than six (6) consecutive months and fails to replace them during this time period;
L4.3 Tenant fails, at any time during this Lease, to conform or comply with
any local land use, regulatory, or building permit conditions issued by the City of Kent in
connection with the construction, operation, or maintenance of Tenant's Improvements
contemplated in this Lease, and such failure is not cured within thirty (30) days after receipt
of written notice; provided, however, that Tenant will not be in default under this subsection
if it begins to cure the alleged failure within the thirty (30) day period and thereafter
diligently prosecutes the cure to completion;
I4.4 Tenant is finally adjudicated as bankrupt or makes any assignment for
the benefit of creditors;
L4.5 Tenant becomes insolvent;
L4.6 Either party fails to perform any other covenant or condition of this Lease
and does not cure such default within thirty (30) calendar days after receipt of written notice
specifying the failure at issue; provided, however, that neither party will be in non-monetary
default under this subsection if it begins to cure the alleged default within the thirty (30)
day period and thereafter diligently prosecutes the cure to completion; or
L4.7 Tenant fails at any time to maintain insurance as required in Section 21
of this Lease and the attached Exhibit E and this failure is not cured within fifteen (15)
days following Tenant's receipt of written notice of this failure.
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 7 of 25
(Landlord: City of Kent; Tenant: King County for PSERN)(2017)
15
King County Lease #: PSERN-12
King County Site Name: Cambridge
15. Cure by Non-Defaulting Party. In the event of any uncured default of this
Lease, the non-defaulting party ffiây, at any time after the specified notice period has run,
cure the default for the account of and at the expense of the defaulting party. If the non-
defaulting party is compelled to pay or elects to pay any sum of money or to do any act that
will require the payment of any sum of money or is compelled to incur any expense,
including reasonable attorney fees in instituting, prosecuting or defending any action to
enforce the non-defaulting party's rights under this Lease, the sums so paid, with all
interest, costs and damages shall be due from the defaulting party within thirty (30) days
following the defaulting party's receipt of an invoice together with reasonable supporting
documentation evidencing the sums and expense, If the defaulting party disputes the
appropriateness of the interest, costs and damages in good faith, the defaulting party will
pay the interest, costs and damages "under protest". Any payment under protest shall not
be considered an admission of liability or a waiver of rights under this Lease, and the
payment shall be subject to refund if the defaulting party's position is upheld by a court of
com petent jurisdiction.
16. Optional Termination.
16.1 Optional Termination by Tenant. This Lease may be terminated
by Tenant if:
or h e r G o v e r n m e n,u Í ? o o,.Jff ',Î: å i#lå,.',"n : ?H:. iliìä H ü ;i, : ffi ff '
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business under this Lease or Tenant, in its sole discretion, determines that the use of the
Premises is obsolete or unnecessary;
(b) There is a determination made pursuant to an official un-
appealable order of the FCC that continued use of the Premises by Tenant is in fact a threat
to public health, safety or welfare that cannot be remediated; or
(c) Tenant or Tenant's vendor of the PSERN System determines that,
for technical, design, interference, environmental, economic or title reasons, the Premises
are not necessary or suitable for the operation of the PSERN System or the use described
in this Lease.
L6.2 Optional Termination by Landlord. This Lease may be terminated
by Landlord:
(a) Upon eighteen (18) months' prior written notice to Tenant, if
Landlord decides, in its sole discretion for any reason, to discontinue use of the Premises
for municipal or public purposes;
(b) If there is a determination made pursuant to an official un-
appealable order of the FCC that continued use of the Premises by Tenant is in fact a threat
to public health, safety or welfare that cannot be remediated;
LEASE AGREEMENT AT CAMBRIDGE TANK - Page I of 25
(Landlord: City of Kent; Tenant: King County for PSERN)(2017)
16
King County Lease #: PSERN-12
King County Site Name: Cambridge
(c) If Tenant's use of the Premises violates applicable laws or
ordinances; or
(d) If Tenant loses its license to provide service for any reason,
includíng, but not limited to, non-renewal, expiration, or cancellation of its license.
17. Termination; Notice. Except as otherwise provided in Section 16.2(a) any
notice of termination pursuant to Section 16 shall be given to the other party in writing at
least thirty (30) calendar days prior to the termination date in accordance with the provision
of Section 26.
18. Damage or Destruction. If Tenant's Improvements or any portion thereof are
destroyed or damaged so as to materially hinder effective use of the Premises through no
fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30)
calendardays'written notice to Landlord. In such event, Tenant shall promptly remove all
Improvements from the Premises as set forth in Section 5,2. This Lease (and Tenant's
obligation to pay Rent) shall terminate upon Tenant's fulfillment of the obligations set forth
in Section 5.2 and Tenant shall be entitled to the prorated reimbursement of any prepaid
Rent. If Tenant believes it is feasible to relocate the Improvements to a different location
on the Property, the parties agree that the Premises will be relocated. Landlord will provide
an interim site for Tenant to locate temporary, mobile communications facilities and
equipment as necessary to continue service during repair or relocation of the Premises or
Improvements. A survey will be prepared for the relocated Premises (including access and
utility easements) and the survey will replace Exhibit B.
19. Condemnation, In the event the Premises are taken by eminent domain, this
Lease shall terminate as of the date title to the Premises vests in the condemning authority.
In the event a portion of the Premises is taken by eminent domain, either party shall have
the right to terminate this Lease as of the date of title transfer, by giving thirty (30) calendar
days'written notice to the other party. If it is feasible to relocate the Improvements to a
different location on the Property without any impairment to the quality of service provided
by the Improvements, the parties agree that the Premises will be relocated. A survey will
be prepared for the relocated Premises (including access and utility easements) at
Landlord's expense, and the survey will replace Exhibit B. In the event of any taking under
the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid
forthe taking and Landlord shall receive full amount of the award. Tenant hereby expressly
waives any right or claim to any portion of all damage awards, whether awarded as
compensation for diminution in value of the leasehold or the fee of the Premises. Tenant
shall have the right to claim and recover from the condemning authority, but not from
Landlord, such compensation as may be separately awarded or recoverable by Tenant on
account of any and all damage to Tenant's business and any costs or expenses incurred by
Tenant in moving/removing its equipment, personal property, and Improvements.
20. Indemnity.
20.L Disclaimer of Liability. Except for the neglígence or willful misconduct
of Landlord, Landlord shall not at any time be liable for injury or damage occurring to any
person or property from any cause whatsoever arising out of Tenant's construction,
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 9 of 25
(Landlord: City of Kent; Tenant: King County for PSERN)(2017)
17
King County Lease #: PSERN-l2
King County Site Name: Cambridge
maintenance, repair, use, operation, condition or dismantling of the Property, the Premises,
the Easements, and any Improvements made by Tenant.
20.2 Tenant Indemnification. Tenant agrees to indemnify and hold Landlord
harmless as provided herein to the maximum extent possible under law. Accordingly,
Tenant agrees for itself, its successors, and assigns, to defend, indemnify, and hold
harmless Landlord, its appointed and elected officials, and employees from and against
liability for all claims, demands, suits, causes of action, judgments, damages, costs,
attorney fees, government orders, penalties, or other requirements (collectively, "Claims"),
including costs of defense thereof for injury to persons, death, or property damage which is
caused by or arises out of Tenant's exercise of rights and privileges granted by this Lease,
except to the extent of the l-andlord's negligence and willful misconduct.
20.3 Landlord Indemnification. Landlord agrees to indemnify and hold Tenant
harmless as provided herein to the maximum extent possible under law. Accordingly, the
Landlord agrees for itself, its successors, and assigns, to defend, indemnify, and hold
harmless Tenant, its appointed and elected officials, and employees from and against
liability for all Claims, including costs of defense thereof for injury to persons, death, or
property damage which is caused by or arises out of Landlord's exercise of rights and
privileges granted by this Lease, except to the extent of the Tenant's negligence and willful
misconduct.
20.4 Assumption of Risk. Tenant undertakes and assumes for its officers,
agents, affiliates, contractors and subcontractors and employees all risk of dangerous
conditions, if any, on or about the Property, the Premises and the Easements. Tenant's
assumption of risk shall.not apply: (i) to any latent defects or other dangerous situations, if
Landlord knows or should know that defect or situation exists but has not disclosed that
information to Tenant, or (ii) to any dangerous conditions arising from Landlord's negligence
or willful misconduct.
2L. Insurance. Tenant agrees to comply with the insurance requirements of
Exhibit E at all times during the Term of this Lease, Any payment of deductible or self-
insured retention shall be the sole responsibility of the Tenant,
22. Hazardous Substance Indemnification. Tenant represents and warrants that
its use of the Premises and Easements will not result in the negligent or intentional
introduction, storage, disposal, or transport over the Premises and Easements of any
hazardous substance in violation of any federal or state law. Tenant further agrees to hold
Landlord harmless from and indemnify Landlord against any release of any such hazardous
substance introduced by Tenant and any damage, loss, or expense or liabilíty resulting from
such release, including all reasonable attorneys' fees, costs and penalties incurred as a
result thereof, except any release caused by the negligence or willful misconduct of
Landlord, its employees or agents. Similarly, Landlord warrants that the Premises and
Easements are free of any hazardous substances and agrees to indemnify and hold Tenant
harmless from the Landlord's negligent or intentional introduction of any hazardous
substance on the Property. "Hazardous substance" shall be interpreted broadly to mean
any substance or material defined or designated as hazardous or toxic waste, hazardous or
toxic material, hazardous or toxic or radioactive substance, or other similar ter:m by any
LEASE AGREEMENTAT CAMBRIDGE TANK - Page 1o of 25
(Landlord: City of Kent; Tenant: King County for PSERN)(2017)
18
King County Lease #: PSERN-l2
King County Site Name: Cambridge
federal, state or local environmental law, regulation or rule presently in effect or
promulgated in the future, as such laws, regulations or rules may be amended from time to
time; and ¡t shall be interpreted to include, but not be limited to, any substance which after
release into the environment will or may reasonably be anticipated to cause sickness, death
or disease.
23. Holding Over. Any holding over after the expiration of the Term of this Lease,
with the consent of the Landlord, shall be construed to be a tenancy from month to month
and rent shall be paid by Tenant at one hundred twenty-five percent (L25o/o) of the monthly
proration of the annual Rent in effect upon the expiratÍon of the Lease, but shall otherwise
be on the same terms and conditions herein specified, so far as applicable.
24. Acceptance of Premises. With the exception of latent defects and any
hazardous substance contamination existing prior to the Commencement Date, by taking
possession of the Premises, Tenant accepts the Premises and Easements "AS-IS," in the
condition existing as of the Commencement Date. Landlord makes no representation or
warranty with respect to the condition of the Premises or Easements, ortheir fitness for any
of Tenant's intended uses thereof.
25. Estoppel Certificate. Tenant shall, at any time and from time to time upon not
less than thirty (30) calendar days' prior request by Landlord, deliver to Landlord a
statement in writing certifying that (a) the Lease is unmodified and in full force (or if there
have been modifications, that the Lease is in full force as modified and identify the
modifications); (b) the dates to which Rent and other charges have been paid; (c) so far as
the person making the certificate knows, Landlord is not in default under any provisions of
the Lease; and (d) such other matters as La'ndlord may reasonably request.
26. Notices, All notices/ requests, demands, and other communications required
to be sent pursuant to this Lease shall be in writing and shall be deemed given if mailed,
certified mail, return receipt requested, or by a nationally recognized courier service, to the
following addresses:
If to Landlord, to:Public Works Department, Attn: Water System Manager
City of Kent
220 Fourth Avenue South
Kent, WA 98032
With a copy to:City Clerk
City of Kent
22O Fourth Avenue South
Kent, WA 98032
If to Tenant, to:King County Facilities Management Division
Real Estate Services, Attn: Leasing Supervisor
Re: Cambridge PSERN Lease
500 Fourth Avenue, Suite 830
Seattle, WA 98104
LEASE AGREEMENTAT CAMBRIDGE TANK - Page 11 of 25
(Landlord: City of Kent; Tenant: K¡ng County for PSERN)(2017)
19
King County Lease #: PSERN-12
King County Site Name: Cambridge
With a copy to:King County Facilities Management Division
Director's Office
Attn: Gail Houser
Re: Cambridge PSERN Lease
500 Fourth Avenue, Suite 800
Seattle, WA 98104
With a copy to:King County
Emergency Radio Communications Division - KCIT
Attn: Marlin Blizinsky
Re: Cambridge PSERN Lease
401 Fifth Avenue, Suite 600
Seattle, WA 98104
27. Subletting and Assignment
27.1, Tenant shall not sublet all or any part of the Premises without Landlord's
prior written consent, which consent shall not be unreasonably withheld, delayed or
conditioned; provided that Tenant shall have the right without Landlord's consent to sublet
space within the Premises to ValleyComm and any tenant of ValleyComm that is using any
part of the ValleyComm Facilities as of the date the ValleyComm Lease is terminated.
27.2 Tenant shall not assign its interest in this Lease without Landlord's prior
written consent, which will not be unreasonably withheld. Consent by Landlord to any
assignment shall not constitute a waiver of the necessity of such consent to any subsequent
assignment.
27.3 Landlord acknowledges that Tenant and other municipalities
participating in the PSERN System intend to establish a new governmental non-profit entity
that will eventually own and operate the PSERN System. Notwithstanding anything in this
Lease to the contrary, Tenant may assign its interest in this Lease, without the Landlord's
consent, to that governmental non-profit entity orto any entity existing now or in the future
that will be responsible for the operation, maintenance, management, updating and upgrade
or replacement of the PSERN System as authorized by law; provided that Tenant shall
provide notice to Landlord within forty-five (45) calendar days after the execution date of
such assignment.
27.4 In the event of an assignment, the assignee shall assume all liability of
the assignor and the assignor will be relieved of all future performance, liabilities and
obligations under this Lease to the extent of such assignment.
28. Other Leases. Nothing in this Lease shall preclude Landlord from leasing other
space outside of the Premises for communications equipment to any person or entity that
may be in competition with Tenant, or to any third-party, subject to the provisions of Section
13.3 above.
LEASE AGREEMENT AT CAMBRIDGE TANK - Page L2 of 25
(Landlord: City of Kent; Tenant: K¡ng County for PSERN)(2017)
20
King County Lease #: PSERN-12
King County Site Name: Cambridge
29. Successors and Assigns. This Lease shall run with the land and be binding
upon and inure to the benefit of the parties, their respective successors, personal
representatives and assigns.
30. Non-Waiver. Failure of either party to insist on strict performance of any of
the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights
hereunder shall not waive such rights, but such party shall have the rights to enforce such
rights at any time and take such action as might be lawful or authorized hereunder, either
in law or equity. The receipt of any sum paid by Tenant to Landlord after a breach of this
Lease shall not be deemed a waiver of such breach unless expressly set forth in writing.
31. Taxes. Tenant shall pay all real and personal property taxes (or payments in
lieu of taxes) and assessments for the Premises and Easements that are directly the result
of Tenant's Improvements, if ahy, which become due and payable during the Term of this
Lease.
32. Miscellaneous
32.L Landlord and Tenant represent that each, respectively, has full right,
power, and authority to execute this Lease.
32.2 This Lease constitutes the entire agreement and understanding of the
parties and supersedes all offers, negotiations, and other agreements of any kind. There
are no representations or understandings of any kind not set forth herein. Any modification
of or amendment to this Lease must be in writing and executed by both parties.
32.3 This Lease shall be construed in accordance with the laws of the State
of Washington. Venue and jurisdiction of any lawsuit arising out of the performance or
obligations of this Lease shall be in the King County Superior Court. In the event of claim
or litigation to enforce any terms of this Lease, each party shall be responsible for íts own
legal costs and attorney fees except as noted in Sections20 and22.
32.4 If any term of this Lease is found to be void or invalid, such invalidity
shall not affect the remaining terms of this Lease, which shall continue in full force and
effect.
32.5 Landlord covenants that Tenant, on paying the Rent and performing'the
covenants herein, shall peaceably and quietly have, hold and enjoy the Premises.
32.6 Landlord agrees to sign a short form Memorandum of Lease that Tenant
may record at Tenant's expense.
33. Non-Discrimination. Landlord and Tenant, for themselves, their successors,
and assigns as a part of the consideration hereof, do hereby covenant and agree to comply
with all civil rights and anti-discrimination requirements of federal, state or local laws
applicable to the Property, including, without limitation, Chapter 49.60 RCW. Landlord and
LEASE AGREEMENTAT CAMBRIDGE TANK - Page 13 of 25
(Landlord: City of Kent; Tenant: King County for PSERN)(2017)
21
King County Lease #: PSERN-l2
King County Site Name: Cambridge
Tenant shall not díscriminate on the basis of race, color, marital status, national or¡gin,
religious affiliation, disability, sexual orientation, gender identity or expression or age except
by minimum age and retirement provisions, unless based upon a bona fide occupational
qualification, in the employment or application for employment or in the administration or
delivery of services or any other benefits under King County Code Ch. L2.t6.L25. Tenant
shall comply fully with all applicable federal, state and local laws, ordinances, executive
orders and regulations that prohibit such discrimination. These laws include, but are not
limited to, Chapter 49.60 RCW, and Titles VI and VII of the Civil Rights Act of L964. Any
violation of this provision shall be considered a default of this Lease and shall be grounds
for cancellation, termination, or suspension, in whole or in part, of this Lease and may result
in ineligibility for further agreements between the parties,
ISIGNATURES ON FOLLOWING PAGE]
LEASE AGREEMENT AT CAMBRIDGE TANK - Page L4 of 25
(Landlord: C¡ty of Kent; Tenant: King Gounty for PSERN).(2017)
22
King County Lease #: PSERN-12
King County Site Name: Cambridge
IN WITNESS WHEREOF, the parties have caused this Lease to be executed as of
the date and year set forth below.
LANDLORD:
CITY OF KENT
By:
Print Name' Surette Cooku
Its: Mayor
Date:
TENANTI
KING COUNTY
Rrr.
APPROVED AS TO FORM:APPROVED AS TO FORM:
Kent Law Department Busch Law Firm PLLC
IACKNOWLEDGMENTS ON FOLLOWTNG PAGES]
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 15 of 25
(Landlord: City of Kent; Tenant: King County for PSERN)
Print Name: Anthony O. Wright
Its: Director, Facilities Management Division
Date:
(2017)
23
King County Lease #: PSERN-l2
King County Site Name: Cambridge
STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that Suzette Cooke is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
)
)
)
SS
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 16 of 25
(Landlord: City of Kent; Tenant: K¡ng County for PSERN)(2017)
24
King County Lease #: PSERN-12
King County Site Name: Cambridge
STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that Anthony O. Wright is
the person who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Director, Facilities Management Division, of King County
to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
Dated:
)
)
)
SS
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
LEASE AGREEMENT AT CAMBRIDGE TANK - Page L7 of 25
(Landlord: City of Kent; Tenant: King County for PSERN)(2017)
25
King County Lease #: PSERN-12
King County Site Name: Cambridge
EXHIBIT A
LEGAL DESCRIPTION OF
LANDLORD'S PROPERTY & THE PREMISES
Legal Description of Landlord's Property:
PARCEL A
EXHIBIT A LEGAL DESCRIPTION
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M., IN KING COUNry, WASHINGTON DESCRIBED
AS FOLLOWS:
THE SOUTH 20 FEET OF THE NORTH 310 FEET OF THE EAST 120 FEET OF THE
WEST 360 FEET THEREOF;
TOGETHER WITH THE SOUTH 250 FEET OF THE NORTH 47O FEET OF THE EAST
210 FEET OF THE WEST 570 FEET THEREOF;
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT;NTHENCE SOUTH
ALONG THE EAST LINE OF SAID TRACT 140 FEET TO POINT OF BEGINNING;
THENCE SOUTH ALONG SAID LINE 110 FEET;ITHENCE WEST ALONG THE
SOUTH LINE OF SAID TRACT 65 FEET; ITHENCE NORTHEASTERLY TO TRUE
POINT OF BEGINNING.
PARCEL B:
AN EASEMENT FOR INGRESS AND EGRESS AS DISCLOSED BY INSTRUMENTS
RECORDED UNDER RECORDING NUMBERS 7906081065 THROUGH
7906081073, INCLUSIVE, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTHWEST, QUARTER OF SECTION 27, TOWNSHIP
22 NORTH RANGE 4 EAST, W.M. IN KING COUNry, WASHINGTON DESCRIBED
AS FOLLOWS:
BEGINNING.AT THE NORTHEAST CORNER OF THE SOUTH 250 FEET OF .THE
NORTH 47O FEET OF THE EAST 210 FEET OF THE WEST 570 FEET; BEING THE
TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT;NTHENCE
NORTH 89014'19'' WEST ALONG THE NORTH LINE OF SAID SOUTH 250 FEET A
DISTANCE OF 30 FEET;
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 18 of 25
(Landlord: City of Kent; Tenant: King County for PSERN)(2017)
26
King County Lease #: PSERN-12
King County Site Name: Cambridge
THENCE NORTH A DISTANCE OF 35 FEET, MORE OR LESS, TO THE SOUTHERLY
MARGIN OF HAMPTON WAY;NTHENCE IN A SOUTHERLY AND EASTERLY
DIRECTION ALONG SAID SOUTHERLY MARGIN TO A POINT WHICH LIES
NORTH OF THE TRUE POINT OF BEGINNING:
THENCE SOUTH A DISTANCE OF L7 FEET, MORE OR LESS, TO THE TRUE POINT
OF BEGINNING.
PARCEL C:
THAT CERTAIN PROPOSED INGRESS, EGRESS, WATERLINE INSTALLATION,
MAINTENANCE, DRAINAGE & REPAIR EASEMENT, AS MORE PARTICULARLY
DESCRIBED IN CIry OF KENT BOUNDARY LINE ADJUSTMENT, RECORDED
UNDER RECORDING NUMBER 201OOB119OOOO1.
SITUATE IN ÏHE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON.
APN: 272204-9L57
Address: 3300 S.264th Street, Kent, Washington
Legal Description of the Premises:
A tract of land located in the Northwest Quarter of the Southwest Quarter of
Section 2T,Township 22 North, Range 4 East, W.M., in King County,
Washington, being also a portion of Parcel B of City of Kent Boundary Line
Adjustment No. LL-20L0-7, recorded under King County Recording No.
20100811900001, described as follows:
Commencing at a found cased monument in the centerline of Hampton Way at
the point of curvature just west of the intersection with Eton Court, from which
point a found cased monument in the centerline of Hampton Way at the point of
tangency just south of the intersection with S 264th Street bears North
54oL2'05' West 267.L2 feet;
Thence South 59o2L'2t' West 336.87 feet to the northeast corner of a fenced
compound and the Point of Beginning;
Thence along said fenced compound, South 00o25'74" West 74.42 feet to the
south line of said Parcel B;
Thence along said south line, North B9oL4'5O" West 45.33 feet to the southwest
corner thereof;
Thence along the west line thereof, North 00o59'47" East 75.50 feet to the
intersection with the fenced compound;
Thence along said fenced compound, South BBo3B'01" East32.29 feet;
Thence continuing along said fenced compound, South 85050'20'East 12.31 feet
to the Point of Beginning;
Containing 3,380 square feet, more or less
LEASE AGREEMENTAT CAMBRIDGE TANK - Pase 19 of 25
(Landlord: City of Kent; Tenant: KÌng County for PSERN)(2017)
27
EXHIBTT B
DEPICTION OF PREMISES
King County Lease #: PSERN-12
King County Site Name: Cambridge
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(Landlord: City of Kent; Tenant: K¡ng County for PSERN)(2017)
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TENANT'S EASEMENT
UTILITITS
TENANT'S ACCESS EASEMEN
TENANT,S PREMISE
(ËxcLUSrvE usE AREA)
PARCËL: 2722A49A1 4
ñ
F{è
PROP
PAReE[: 2722049ö86
PAReËL: 2722A49157
LINE
*
29
King County Lease #: PSERN-l2
King County Site Name: Cambridge
EXHIBTT D
VALLEYCOMM FACILITIES TO BE ACQUIRED BY KING COUNTY/PSERN
. L40ft tower. 60kw díesel generator. 24'4" x 22'4" (543 sq.ft.) equipment shelter, including the utilities and HVAC
therein. 2,}}O-gallon fuel storage tank
SCOPE OF WORK FOR THE IMPROVEMENTS TO BE COMPLETED BY KING
COUNTY/PSERN
o Extend the existing L40ft, tower by 20ft to 160ft. Install two (2) microwave dishes and six (6) omni-directional antennas on
the existing extended tower. Replace the existing 60KW diesel generator with a new 80KW diesel
generator. Install a new sound-attenuating fence and gate around the new generator. Install a new t2'x20' prefabricated equipment sheltero Install a new ice bridge and cable tray from the new shelter to the existing
tower. Trenching from the existing Puget Sound Energy (PSE) pad-mounted
transformer (located just north of the existing compound fence) to a new H-
Frame with meter and disconnect just inside the fence. This is required for
King County's new L20/240V 200A service from PSE
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 22 of 25
(Landlord: City of Kent; Tenant: King County for PSERN)(2017)
30
King County Lease #: PSERN-12
King County Site Name: Cambridge
EXHIBIT E
INSURANCE REQUIREM ENTS
I. General Insurance Requirements
Tenant shall procure and maintain, for the duration of this Lease, insurance against
claims for injuries to persons or damage to property that may arise from or in
connection with the Tenant's operation and use of Landlord's facilities.
Tenant maintains a fully funded self-insurance program for the protection and
handling of the Tenant's liabilities including injuries to persons and damage to
property.
Landlord acknowledges, agrees and understands that Tenant is self-funded for all of
its liability exposures, Tenant agrees, at its own expense, to maintain, through its
fully funded self-insurance program, coverage for all of its liability exposures for this
Lease. Tenant agrees to provide Landlord with at least thirty (30) days prior wr"itten
notice of any material change in Tenant's self-funded insurance program and will
provide Landlord with a letter of self-insurance as adequate proof of coverage.
Landlot'd further acknowledges, agrees and understands that Tenant does not
purchase commercial general liability insurance and is a self-insured governmental
entity; therefore Tenant does not have the ability to name Landlord as an additional
insured.
If Landlord is not a governmental agency which maintains a fully funded self-
insurance program in accordance with applicable law, Landlord will maintain
commercial general liabílity insurance in the amount of Two Million Dollars
($2,000,000) per occurrence and Two Million Dollars ($2,000,000) general
aggregate, based on ISO Form CG 00 01 or equivalent, and will include Tenant as an
additional insured with respect to claims arising out of or related to this Lease.
Landlord shall carry "All Risk" property insurance in an amount equal to the full
replacement value of its structures and improvements on the Property.
Tenant shall maintain "All Risk" property insurance in an amount equal to the full
replacement value of all of its improvements and personal property located on the
Premises or shall self-insure improvements and personal property on the Premises.
Notwithstanding any language to the contrary contained in this Lease, Landlord and
Tenant agree that they shall not make a claim against or seek recovery from the
other for any loss or damage to their property, or the property of others, resulting
from fire or other hazards covered by fire insurance or required to be covered under
this Lease and each hereby releases the other from any such claim or liability
regardless of the cause of such loss.
Tenant agrees to ensure all contractors, sub-contractors, consultants or other parties
utilized by Tenant to perform work on Landlord's Property are fully insured to the
extent of coverage specified in Subsection II of this Exhibit E.
LEASE AGREEMENTAT CAMBRIDGE TANK - Page 23 of 25
(Landlord: City of Kent; Tenant: King County for PSERN)(2017)
31
B
King County Lease #: PSERN-12
King County Site Name: Cambridge
II. Specificlnsurance Requirements
If Tenant ceases to maintain the aforementioned program of self-insurance, Tenant
shall obtain insurance of the types and limits described below:
A.Minimum Scope of Insurance.
1 Commercial General Liabilitv insurance shall be written on Insurance
Services Office (*ISO') occurrence form at least as broad as CG 00 01and shall cover premises liability, contractual liability, products-
completed operations liability, and independent contractors liability. The
Landlord shall be named as an additional insured on Tenant's
commercial general liability insurance policy using a form at least as
broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37
forms if later revisions used.
2. Automobile Liability insurance covering all owned, non-owned, hired
and leased vehicles. Coverage shall be written on ISO form or a
substitute form providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contractual liability coverage.
Minimum Amounts of Insurance.
Commercial General Liabilitv insurance shall be written with limitsno less than $2,000,000 each occurrence, $2,000,000 general
aggregate.
Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per accident.
The coverage amounts set forth may be met by a combination of underlying and
umbrella policies so long as in combination the limits equal or exceed those stated.
C. Other Insurance Provisions.
The insurance policies are to contain, or be endorsed to contain, the following
provisions for commercial general liability insurance:
1. Tenant's insurance coverage shall be primary insurance with respect to
the Landlord. Any insurance or self-insurance coverage maintained by
the Landlord shall be excess of the Tenant's insurance and shall not
contribute with it.
2. Tenant is contractually obligated to provide at least 30 days prior notice
to Landlord in the event ofcancellation of any coverage ietåteO to this
Lease.
3. Tenant's insurance coverage shall be written on an occurrence basis
only. Claims made coverage is not acceptable,
D. Acceptabilitv of Insurers.
Insurance is to be placed with insurers with a current A.M. Best rating of not less
than A-,VII.
E. Verification of Coverage,
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 24 of 25
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
1
2
32
King County Lease #: PSERN-12
King County Site Name: Cambridge
If Tenant ceases to maintain the aforementioned program of self-insurance, upon
Landlord's request, Tenant shall furnish Landlord with original certificates of
insurance and a copy of the additional insured endorsement, evidencing the
insurance requirements of theTenant, and Landlord shall be named as an additional
insured"
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 25 of 25
(Landlord: C¡ty of Kent; Tenant: King County for PSERN)(2017)
33
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34
H
King County
Office of Risk Management Services
Department of Executive Services
500 Fourth Ave#320
Seattle, WA 98104
(206)263-22s0
KING COUNTY CERTIFICATE OF SELF-INSURANCE - 2017
This letter is to certify that King County is fully self-funded for all of its liability exposures. Should
an incident occur involving the negligence of County employees acting in the scope of their
employment, our selÊfunded program would respond.
King Count¡ charter county government under the constitution of the State of 'Washington, maintains
a fully funded Self-Insurance program for the protection and handling of the County's liabilities,
including injuries to persons and damage to property.
This letter is also to certify that King County is protected from physical loss under the County's
blanket property insurance policy. The policy is an "All Risk" policy that provides the County with
protection for all County property wherever located.
Please note that this certificate is issued for informational purposes only and neither confers any
rights, nor constitutes an agreement between King County and any other party.
If you have any questions, please do not hesitate to contact the King County Office of Risk
Management Services, Insurance and Contracts group at the phone number above.
Sincerely,
lñe Office of kísÃ. Jvlmtngement Sevi)íces
Insurance and Contracts Group
R.ev 3ll/2017
35
Return to:
King County Facilities Management Division
Real Estate Services
Attention: Leasing SuPervisor
Re: Cambridge PSERN Lease
500 Fourth Avenue, Suite 830
Seattle, WA 98104
Landlord:
Tenant:
Abbreviated Legal
Description:
Assessor's Tax Parcel ID #
Recording Numbers of
Prior Recorded Documents:
CountY:
MEMORANDUM
oF'
LEASE
City of Kent, a Washington municipal corporation
King County, a political subdivision of the State of Washington
PTNNWSW 27-22-4
Official legal description attached as Exhibit 1
272204 9157
Does not apply
King State: Washington
This Memorandum of Lease is entered into on this
-
day of 2017,by and
between the City of Kent, a Washington municipal corporation, having a mailing address of 220 Fourth
Avenue South, kent, WA 98032 (hereinafter referred to as "Landlord") and King County, a political
subdivision of the State of Washington, having a mailing address of 500 Fourth Avenue, Suite 830, Seattle,
Washington 98104 (hereinafter refered to as "Tenant").
1. Landlord and Tenant entered into a certain Lease Agreement ("Lease") on the day of
2017, for the purpose of installing, operating and maintaining a
communications facility and other improvements.All of the foregoing is set forth in the
Lease
2. The initial lease term will be twenty-five (25) years, commencing on the Commencement
Date (as that capitalized term is defined in the Lease), and terminating on the last day of the
month in which the twenty-fifth anniversary of the Commencement Date occurs'
3. The portion of the land being leased to Tenant and associated easements granted to Tenant
are described and/or depicted in Exhibit 1 annexed hereto.
4. This Memorandum of Lease is not intended to amend or modiff, and shall not be deemed or
construed as amending or modiffinE, aîy of the terms, conditions or provisions of the Lease,
all of which are hereby ratified and affirmed. In the event of a conflict between the
provisions of this Memorandum of Lease and the provisions of the Lease, the provisions of
36
the Lease shall control. The Lease shall be binding upon and inure to the benefit of the
parties and their respective heirs, successors, and assigns, subject to the provisions of the
Lease.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year
first above written.
''LANDLORI)''
City of Kent, a Washington municipal
corporation
By
PrintName: SuzetteCooke
Its:Mavor
Date:
''TENANT il
King County, a political subdivision of the
State of Washington
By:
Print Name:Anthonv O . Wrisht
Its: Director" Facilities Management Division
Date:
IACKNOWLEDGMENTS APPEAR ON TIIE NEXT PAGE]
37
STATE OF WASHINGTON
COUNTY OF
I certifr that I know or have satisfactory evidence that Suzette Cooke is the person who
appeared befoie me, and that she acknowledged that she signed this instrument, on oath stated that
rñã *ur authorized to execute the instrument and acknowledged it as the Mayor of the City of
Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
20t7.
)
)
)
SS
Dated this day of
Notary Signature:
PrintedName:
Notary Public for the State of Washington
Residing ln:
My Commission Expires:
-
srATE OF WASHINGTON )
)ss
couNTY oF KING )
I certify that I know or have satisfactory evidence that Anthony O. Wright is the person
who appeared-before me, and said person acknowledged that he signed this instrument, on oath
statedlhat he was authorized to execute the instrument and acknowledged it as the Directoro
Facilities Managément Division of King County to be the free and voluntary act of such party
for the uses and pu{poses mentioned in the instrument.
Dated this dayof ,2017.
Notary Signature
PrintedName:
Notary Public for the State of Washington
Residing ln:
My Commission Expires:
38
EXHIBIT 1
Page 1 of3
to the Memorandum of Lease dated 20_,by and between the City of Kent, a
Washington municipal corporation, as Landlord, and King County, a political subdivision of the State of
Washington, as Tenant.
The real property on which the Premises is located is legally described as follows:
PARCEL A:
EXHIBIT A LEGAL DESCRIPTION
THAT PORTION OF TI{E SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M.,IN KING COUNTY, V/ASHINGTON DESCRIBED AS
FOLLOWS:
TT{E SOUTH 20 FEET OF TIIE NORTH 310 FEET OF THE EAST 120 FEET OF THE WEST
360 FEET TI{EREOF;
TOGETHER WITH TI{E SOUTIF.2'O FEET OF THENORTH 470 FEET OF TTIE EAST 210
FEET OF T}IE WEST 570 FEET TTIEREOF;
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT TI# NORTHEAST CORNER OF SAID TRACT;ITHENCE SOUTH
ALONG TT{E EAST LINE OF SAID TRACT 140 FEET TO POINT OF BEGINNING;
THENCE SOUTH ALONG SAID LINE 110 FEET;ITHENCE WEST ALONG Trm SOUTH
LINE OF SAID TRACT 65 FEET;ITFIENCENORTTM,ASTERLY TO TRUE POINT OF
BEGINNING.
PARCEL B
AN EASEMENT FOR INGRESS AND EGRESS AS DISCLOSED BY INSTRUMENTS
RECORDED LTNDER RECORDING NUMBERS 7906081065 THROUGH 7906081073,
INCLUSryE, DESCRIBED AS FOLLOWS:
THAT PORTION OF TIIE SOUTHWEST, QUARTER OF SECTION 27, TOWNSÍIIP 22
NORTH RANGE 4 EAST, W.M.IN KING COLINTY, WASHINGTON DESCRIBED AS
FOLLOWS:
BEGINNING AT TTM NORTTM,AST CORNER OF THE SOUTH 250 FEET OF TIIE NORTH
470 FEET OF TT{E EAST 210 FEET OF TI{E WEST 570 FEET; BEING TTIE TRUE POINT
OF BEGINNING OF TFIE I{EREIN DESCRIBED TRACT;ITIIENCE NORTH 89o14'19"
WEST ALONG TIIE NORTH LINE OF SAID SOUTH 250 FEET A DISTANCE OF 30 FEET;
39
EXHIBIT 1
Page 2 of3
TTIENCE NORTH A DISTANCE OF 35 FEET, MORE OR LESS, TO TTM SOUTHERLY
MARGIN OF HAMPTON WAY;NTFIENCE IN A SOUTHERLY AND EASTERLY
DIRECTION ALONG SAID SOUTI#,RLY MARGIN TO A POINT WHICH LIES NORTH OF
THE TRUE POINT OF BEGINNING:
TIIENCE SOUTH A DISTANCE OF 17 FEET, MORE ORLESS, TO THE TRUE POINT OF
BEGINNING.
PARCEL C:
THAT CERTAIN PROPOSED INGRESS, EGRESS, WATERLINE INSTALLATION,
MAINTENANCE, DRAINAGE & REPAIR EASEMENT, AS MORE PARTICULARLY
DESCRIBED IN CITY OF KENT BOTINDARY LINE ADruSTMENT, RECORDED UNDER
RECORDING NUMBER 20 1 OO8 1 19OOOO 1.
SITUATE IN THE CITY OF KENT, COTINTY OF KTNG, STATE OF WASHINGTON
APN: 272204-9157
Address: 3300 S. 264d' Street, Kent, Washington
The Premises are described and/or depicted as follows:
A11act of land located in the Northwest Quarter of the Southwest Quarter of Section 27,
Township 22 North, Range 4East,W.M., in King Count¡r, Washington, being also a portion of
Parcel B of Cþ of Kent Boundary Line Adjustment No. LL-2010-7 , recorded under King County
Recording No. 20100811900001, described as follows:
Commencing at a found cased monument in the centerline of Hampton Way at the point of
curvature juit west of the intersection with Eton Court, from which point a found cased
monumenf in the centerline of Hampton Way at the point of tangency just south of the
intersection with s 264th street bears North 54"I2',05" West267 .72 feet;
Thence South 59"21'21" West 336.87 feet to the northeast corner of a fenced compound and the
Point of Beginning;
Thence along said fenced compound, South 00o25'14" West 74.42feet to the south line of said
Parcel B;
Thence along said south line, North 89o14'50" West 45.33 feet to the southwest corner thereof;
Thence along the west line thereof, North 00"59'47- East 75.50 feet to the intersection with the
fenced compound;
Thence along said fenced compound, South 88'38'01" East 32.29 feet;
Thence continuing along said fenced compound, South 85"50'20" East 12.31 feet to the Point of
Beginning;
Containing 3,380 square feet, more or less
40
/lt
S 264TH ST
(eueuc RtcHT-oF-wAy)
PARCEL: 2722A49414
E) ACCESS ROAD
PROPERTY)
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EASEMENT
TENANT,S EASEMENT
UTILITES
TENANT'S ACCESS EASEMENT
TENANT'S PREM
(EXCLUSTVE USE AREA)
PARCEL: 2722449014
EASEMENT: RECORDING 1
#20100811900001 (FROM \
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42
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: October 2, 2017
TO: Public Works Committee Members
FROM: Antje Kablitz, CTR Coordinator
THROUGH: Kelly Peterson AICP, Transportation Engineering Manager
Chad Bieren P.E., Deputy Public Works Director / City Engineer
SUBJECT: Washington State Department of Transportation Commute Trip
Reduction Grant - Recommend
SUMMARY: This Agreement is between the Washington State Department of
Transportation and the City of Kent. The City is required by state law to enforce the
commute trip reduction provisions in chapter 70.94 RCW. The City is then reimbursed
by the State for costs incurred based on a formula devised by the State Department of
Transportation, Public Transportation Office.
This Agreement allocates $106,007 for two years of funding for the implementation of
the Commute Trip Reduction (CTR) Program mandated by RCW 70.94.527 for the
2017-2019 project term.
The grant funds will be used to provide support to businesses required to participate in
the CTR Program. In addition, the CTR Program represents citywide interests in traffic
reduction and the promotion of alternative transportation modes to any interested area
business.
EXHIBIT: 2017-2019 WSDOT Transportation Demand Management Implementation
Agreement & 2017-2019 Commute Trip Reduction (CTR) Administrative Work Plan
BUDGET IMPACT: There is no required match to this state grant
Motion: Move to recommend Council authorize the Mayor to sign the
Transportation Demand Management Implementation Agreement,
WSDOT #GCB2755, subject to final terms and conditions acceptable
to the Public Works Director and the City Attorney.
43
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44
Transportation Demand Management
Implementation Agreement
Washington State Department of
Transportation
310 Maple Park Avenue SE
PO Box 47387
Olympia, WA 98504-7387
Contact Person: Kathy Johnston 360-705-7845
Contractor
City of Kent
440 West Gowe
Kent, WA 98032
Contact Person: Antje Kablitz 253-856-5583
Project Cost: Federal ID #: 91-6001254
State Funds $106,007 Scope of Project: As set forth in Exhibit 1, Project
Scope of Work. Contractor Funds $ 0
Total Project Cost $106,007
Agreement Number: GCB2755 UPIN: PTTD816
Term of Project:
July 1, 2017 through June 30, 2019
Service Area: Kent
This AGREEMENT is entered into by the Washington State Department of Transportation, hereinafter referred to as
“WSDOT” and the Contractor identified above, hereinafter referred to as “CONTRACTOR”, and/or individually
referred to as the “PARTY” and collectively referred to as the “PARTIES.”
WHEREAS, RCW 70.94.521 through RCW 70.94.555 establishes the state’s leadership role, and the requirements
and parameters to reduce traffic congestion, fuel use, and air pollution through commute trip reduction programs,
including transportation demand management programs for growth and transportation efficiency centers (“GTEC”)
in Washington State; and
WHEREAS, RCW 47.06.050 requires that when planning capacity and operational improvements , the State’s first
priority is to assess strategies to enhance the operational efficiency of the existing system, and states that strategies to
enhance the operational efficiencies include, but are not limited to, access management, transportation system
management, and demand management (“Strategies”); and
WHEREAS, RCW 47.01.078 directs the State to develop strategies to reduce the per capita vehicle miles traveled, to
consider efficiency tools including commute trip reduction and other demand management tools, and to promote the
integration of multimodal planning in support of the transportation system policy goals described in RCW 47.04.280;
and
WHEREAS, the Legislature has directed the State to increase the integration of public transportation and the highway
system, to facilitate coordination of transit services and planning, and to maximize opportunities to use public
transportation to improve the efficiency of transportation corridors (RCW 47.01.330); and
WHEREAS, RCW 47.80.010 encourages the State and local jurisdictions to identify opportunities for cooperation to
achieve statewide and local transportation goals; and
WHEREAS, the State of Washington in its Sessions Laws of 2017, Chapter 313 Section 220 (6) and (7), authorizes
funding for Public Transportation and Commute Trip Reduction programs and other special proviso funding through
the multi-modal transportation account as identified in the budget through its 201 7-2019 biennial appropriations to
WSDOT; and
WHEREAS the WSDOT Public Transportation Division is responsible for administer ing funds on behalf of the
Washington State Legislature;
NOW, THEREFORE, in consideration of terms, conditions, performances and mutual covenants herein set forth and
the attached Exhibit 1, “Project Scope of Work,” and Exhibit 2, “Project Progress Reports,” Exhibit 3, Invoice
Voucher Template and Exhibit 4, Final Project Progress Repor t, IT IS MUTUALLY AGREED AS FOLLOWS:
45
Section 1
Purpose of Agreement
A. The purpose of this AGREEMENT is for WSDOT to provide funding to the CONTRACTOR to be used solely for
activities undertaken to fulfill the requirements of RCW 70.94.521 through RCW 70.94.555, hereinafter known as the
“Project.”
B. If this AGREEMENT is used as match for any other related projects with federal funds, in addition to the
requirements of Sections 1 through 22 of this AGREEMENT, the CONTRACTOR must assume full responsibility
for complying with all federal rules and regulations consistent with the requirements imposed by use of the federal
funds on any such related project(s), including but not limited to Title 23 of the U.S. Code, Highways, as
applicable, the regulations issued pursuant thereto, 2 CFR Part 200 , and 2 CFR Part 1201. The CONTRACTOR
must also assume full responsibility for compliance with Federal Highway Administration’s (FHWA) Required
Contract Provisions Federal-Aid Construction Contracts, FHWA 1273, which may be found here,
https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf , and any amendments thereto; and/or the Federal
Transit Administration Master Agreement 23, which may be found here,
https://www.transit.dot.gov/sites/fta.dot.gov/files/FTA%20Master%20Agreement%20FY2017%20 -%2010-1-
2016.pdf, and any amendments thereto.
Section 2
Scope of Work
The CONTRACTOR agrees to perform all designated tasks of the Project under this AGREEMENT as described in
Exhibit 1, “Project Scope of Work,” attached hereto and by this reference is incorporated into this AGREEMENT.
Section 3
Term of Project
The CONTRACTOR shall commence, perform and complete the Project within the time defined in the caption space
header above titled “Term of Project” of this AGREEMENT regardless of the date of execution of this AGREEMENT ,
unless terminated as provided herein. The caption space header above entitled’ “Term of Project” and all caption space
headers above are by this reference incorporated into this AGREEMENT as if fully set forth herein.
Section 4
Project Costs
The total reimbursable cost to accomplish the Project Scope of Work shall not exceed the “State Funds” detailed in
the caption space header above titled “Project Costs.” The CONTRACTOR agrees to expend eligible “State Funds”
together with any “Contractor Funds” identified above in the caption space header “Project Costs ,” in an amount
sufficient to complete the Project as detailed in Exhibit 1, “Project Scope of Work.” If at any time the CONTRACTOR
becomes aware that the cost that it expects to incur in the performance of this AGREEMENT will differ from the
amount indicated in the caption space titled “Project Costs” above, the CONTRACTOR shall notify WSDOT in
writing within three (3) business days of making that determination.
Section 5
Reimbursement and Payment
A. Payment will be made with State Funds by WSDOT on a reimbursable basis for actual costs and expenditures
incurred, while performing eligible direct and related indirect Project work during the Project period. Payment is
subject to the submission to and approval by WSDOT of properly prepared invoices that substantiate the costs and
expenses submitted by CONTRACTOR for reimbursement. Failure to send in progress reports and financial
information as required in Section 7 – Progress Reports may delay payment. The CONTRACTOR must submit an
invoice using either State of Washington Form A-19 (Invoice Voucher), a copy of which is attached hereto as Exhibit
3 and by this reference incorporated into this AGREEMENT or a format approved by WSDOT. Such invoices may
be submitted no more than once per month and no less than once per year, during the course of this AGREEMENT.
If approved by WSDOT, said invoices shall be paid by WSDOT within thirty (30) days of receipt of the invoice.
B. State Fiscal Year End Closure Requirement (RCW 43.88): The CONTRACTOR shall submit an invoice for
completed work in the same state fiscal period, as defined in RCW 43.88, starting on July 1 and ending on June 30
the following year within the timeframe set forth in the caption space header of this AGREEMENT entitled “Term of
Project” during which the work was performed. Reimbursement requests must be received by July 15 of each state
fiscal period. If the CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall provide
an estimate of the charges to be billed so WSDOT may accrue the expenditures in the proper fiscal period. Any
subsequent reimbursement request submitted will be limited to the amount accrued as set forth in this section. Any
payment request received after the timeframe prescribed above will not be eligible for reimbursement.
46
Section 6
Project Records
The CONTRACTOR agrees to establish and maintain for the Project, either a separate set of accounts or, accounts
within the framework of an established accounting system in order to sufficiently and properly reflect all eligible
direct and related indirect Project costs incurred in the performance of this AGREEMENT. Such account s are referred
to herein collectively as the "Project Account." All costs claimed against the Project Account must be supported by
properly executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in sufficient detail the
nature and propriety of the costs claimed.
Section 7
Progress Reports
The CONTRACTOR shall submit quarterly progress reports to WSDOT so that WSDOT may adequately and
accurately assess the progress made under the terms of this AGREEMENT. The progress reports shall be prepared as
prescribed by WSDOT on the forms provided in Exhibit 2, “Project Progress Report” and/or as provided and modified
by WSDOT staff, attached hereto and by this reference incorporated into this AGREEMENT . The CONTRACTOR
shall provide a final progress report, as prescribed in Exhibit 4, “Final Project Progress Report” and/or as provided by
WSDOT staff, attached hereto and by this reference incorporated into this AGREEMENT, with any changes to the
form applied according to the agreement modification process in Section 9 . Progress reports shall be submitted to
WSDOT no later than forty-five (45) days from the end of each calendar quarter.
Section 8
Audits, Inspections, and Records Retention
WSDOT, the State Auditor, and any of their representatives, shall have full access to and the right to examine, during
normal business hours and as often as they deem necessary, all of the CONTRACTOR’s records with respect to all
matters covered by this AGREEMENT. Such representatives shall be permitted to audit, examine and make excerpts
or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and other matters
covered by this AGREEMENT. In order to facilitate any audits and inspections, the CONTRACTOR shall retain all
documents, papers, accounting records, and other materials pertaining to this AGREEMENT for six (6) years from
the date of completion of the Project or the Project final payment date. However, in case of audit or litigation
extending past that six (6) years period, then the CONTRACTOR must retain all records until the audit or litigation
is completed. The CONTRACTOR shall be responsible to assure that the CONTRACTOR and any subcontractors
of CONTRACTOR comply with the provisions of this section and provide , WSDOT, the State Auditor, and any of
their representatives, access to such records within the scope of this AGREEMENT.
Section 9
Agreement Modifications
A. Either PARTY may request changes to this AGREEMENT, including changes in the Scope of Project. Such
changes that are mutually agreed upon shall be incorporated as written amendments to this AGREEMENT. No
variation or alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by
authorized representatives of the PARTIES hereto , provided, however, that changes to the project title, federal ID
number, UPIN the contact person of either PARTY, or dollar amount changes that do no t affect the project total cost,
will not require a written amendment, but will be approved and documented by WSDOT through an administrative
revision. WSDOT shall notify the CONTRACTOR of the revision in writing.
B. If an increase in funding by the fundin g source augments the CONTRACTOR’s allocation of funding under
this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT,
providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such increase
in funding.
C. If a reduction of funding by the funding source reduces the CONTRACTOR’s allocation of funding under
this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT
providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such
reduction of funding.
Section 10
Recapture Provision
In the event that the CONTRACTOR fails to expend State Funds in accordance with state law and/or the provisions
of this AGREEMENT, WSDOT reserves the right to recapture State Funds in an amount equivalent to the extent of
noncompliance. The CONTRACTOR agrees to repay such State Funds under this recapture provision within thirty
(30) days of demand.
47
Section 11
Disputes
A. If the PARTIES cannot resolve by mutual agreement, a dispute arising from the performance of this
AGREEMENT the CONTRACTOR may submit a written detailed description of the dispute to the WSDOT Public
Transportation Division’s Statewide Transportation Demand Management Programs Manager or the WSDOT Public
Transportation Statewide Transportation Demand Management Programs Manager’s designee who will issue a written
decision within ten calendar (10) days of receipt of the written description of the dispute. This decision shall be final
and conclusive unless within ten calendar (10) days from the date of CONTRACTOR’s receipt of WSDOT’s written
decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public
Transportation Division or the Director’s designee. In connection with any such appeal the CONTRACTOR shall be
afforded an opportunity to offer material in support of its position. The CONTRACTOR’s appeal shall be decided in
writing within thirty (30) days of receipt of the appeal by the Director of the Public Transportation Division or the
Director’s designee. The decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by
the decision.
B. Performance During Dispute. Unless otherwise directed by WSDOT, the CONTRACTOR shall conti nue
performance under this AGREEMENT while matters in dispute are being resolved.
Section 12
Termination
A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or terminate this
AGREEMENT, in whole or in part, and all or any part of the financial assistance provided herein, at any time by
written notice to the other PARTY. WSDOT and the CONTRACTOR shall agree upon the AGREEMENT
termination provisions including but not limited to the settlement terms, conditions, and in the case of partial
termination the portion to be terminated. Written notification must set forth the reasons for such termination, the
effective date, and in case of a partial termination the portion to be terminated. However, if, in the case of partial
termination, WSDOT determines that the remaining portion of the award will not accomplish the purposes for which
the award was made, WSDOT may terminate the award in its entirety. The PARTIES may terminate this
AGREEMENT for convenience for reasons including, but not limited to, the following:
1. The requisite funding becomes unavailable through failure of appropriation or otherwise;
2. WSDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial
results commensurate with the further expenditure of funds;
3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an Executive Order
of the President with respect to the prosecution of war or in the interest of natio nal defense; or an Executive
Order of the President or Governor of the State with respect to the preservation of energy resources;
4. The CONTRACTOR is prevented from proceeding with the Project by reason of a temporary preliminary,
special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance
of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the
CONTRACTOR; or
5. The State Government determines that the purposes of the statute authorizing the Project would not be
adequately served by the continuation of financial assistance for the Project;
6. In the case of termination for convenience under subsections A.1 -5 above, WSDOT shall reimburse the
CONTRACTOR for all costs payable under this AGREEMENT that the CONTRACTOR properly incurred
prior to termination. The CONTRACTOR shall promptly submit its claim for reimbursement to WSDOT. If
the CONTRACTOR has any property in its possession belonging to WSDOT, the CONTRACTO R will
account for the same, and dispose of it in the manner WSDOT directs.
B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in whole or in
part, and all or any part of the financial assistance provided herein, at any time by written notice to the
CONTRACTOR, if the CONTRACTOR materially breaches or fails to perform any of the requirements of this
AGREEMENT, including:
1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which under the
procedures of this AGREEMENT would have required the approval of WSDOT;
2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America laws, Washington
state laws, or local governmental laws under which the CONTRACTOR operates;
3. Fails to make reasonable progress on the Project or other violation of this AGREEMENT that endangers
substantial performance of the Project; or
48
4. Fails to perform in the manner called for in this AGREEMENT or fails, to comply with, or is in violation of,
any provision of this AGREEMENT. WSDOT shall serve a notice of termination on the CONTRACTOR
setting forth the manner in which the CONTRACTOR is in default hereunder. If it is later determined by
WSDOT that the CONTRACTOR had an excusable reason for not performing, such as events which are not
the fault of or are beyond the control of the CONTRACTOR, such as a strike, fire or flood, WSDOT may : (a)
allow the CONTRACTOR to continue work after setting up a new delivery of performance schedule, or (b)
treat the termination as a termination for convenience.
C. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the
CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in which to cure
the defect. In such case, the notice of termination will state the time period in which cure is permitted and
other appropriate conditions. If the CONTRACTOR fails to remedy to WSDOT's satisfaction the breach
or default within the timeframe and under the conditions set forth in the notice of termination, WSDOT
shall have the right to terminate this AGREEMENT without any further obligation to CONTRACTOR.
Any such termination for default shall not in any way operate to preclude WSDOT from also pursuing all
available remedies against CONTRACTOR and its sureties for said breach or default.
D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR of any covenant, term
or condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's remedies for an y succeeding
breach of that or of any other term, covenant, or condition of this AGREEMENT.
E. Any termination of the AGREEMENT, whether for convenience or for default, that requires the AGREEMENT
to be terminated or discontinued before the specified end date set forth in the caption header, “Term of Project”, shall
require WSDOT to amend the AGREEMENT to reflect the termination date and reason for termination.
Section 13
Forbearance by WSDOT Not a Waiver
Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law,
shall not be a waiver of or preclude the exercise of any such right or remedy.
Section 14
Waiver
In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be construed as a waiver
by WSDOT of any CONTRACTOR breach, or default, and shall in no way impair or prejudice any right or remedy
available to WSDOT with respect to any breach or default. In no event shall acceptance of any WSDOT payment of
grant funds by the CONTRACTOR constitute or be construed as a waiver by CONTRACTOR of any WSDOT breach,
or default which shall in no way impair or prejudice any right or remedy available to CONTRACTOR with respect to
any breach or default.
Section 15
WSDOT Advice
The CONTRACTOR bears complete responsibility for the administration and success of the work as it is defined in
this AGREEMENT and any amendments thereto. Although the CONTRACTOR may seek the advice of WSDOT, the
offering of WSDOT advice shall not modify the CONTRACTOR’s rights and obligations under this AGREEMENT
and WSDOT shall not be held liable for any advice offered to the CONTRACTOR.
Section 16
Limitation of Liability and Indemnification
A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents, employees, and officers and process
and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages,
or costs (hereinafter referred to collectively as “claims”), of whatsoever kind or nature brought against WSDOT arising
out of, in connection with or incident to this AGREEMENT and/or the CONTRACTOR’s performance or failure to
perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT, its agents,
employees and officers arising out of, in connection with or incident to the acts or omissions of the CONTRACTOR,
its agents, employees and officers. Provided, however, that nothing herein shall require the CONTRACTOR to
indemnify and hold harmless or defend the WSDOT, its agents, employees or officers to the extent that claims are
caused by the acts or omissions of the WSDOT, its agents, employees or officers. The indemnification and hold
harmless provision shall survive termination of this AGREEMENT.
49
B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the employees of the
CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to be the
employees of WSDOT.
C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR’s employees
and/or subcontractors and solely for the purposes of this indemnification and defense, the CONTRACTOR specifically
waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code of Washington.
D. In the event either the CONTRACTOR or WSDOT incurs attorney’s fees, costs or other legal expenses to enforce
the provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs and expenses shall
be recoverable by the prevailing PARTY.
Section 17
Governing Law, Venue, and Process
This AGREEMENT shall be construed and enforced in accordance with, and the validity and performance thereof
shall be governed by the laws of the State of Washington. In the event that either PARTY deems it necessary to
institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the PARTIES hereto
agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston
County.
Section 18
Compliance with Laws and Regulations
The CONTRACTOR agrees to abide by all applicable State laws and regulations, including, but not limited to those
concerning employment, equal opportunity employment, nondiscrimination assurances, Project record keeping
necessary to evidence AGREEMENT compliance, and retention of all such records. The CONTRACTOR will adhere
to all of the nondiscrimination provisions in Chapter 49.60 RCW. The CONTRACTOR will also comply with the
Americans with Disabilities Act of 1990 (ADA), Public Law 101-336, including any amendments thereto which
provides comprehensive civil rights protection to individuals with disabilities in the areas of employment public
accommodations, state and local government services and telecommunication.
Section 19
Severability
If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall not affect the
validity or obligation of performance of any other covenant or provision, or part thereof, that in itself is vali d if such
remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No
controversy concerning any covenant or provision shall delay the performance of any other covenant or provision
except as herein allowed.
Section 20
Counterparts
This AGREEMENT may be executed in several counterparts, each of which shall be deemed to be an original
having identical legal effect. The CONTRACTOR does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements and their supporting materials contained and/or mentioned in such executed
counterpart, and does hereby accept State Funds and agrees to all of the terms and conditions thereof.
Section 21
Execution
This AGREEMENT is executed by the Director of the Public Transportation Division, State of Washington,
Department of Transportation, or the Director's designee, not as an individual incurring personal obligation and
liability, but solely by, for, and on behalf of the State of Washington, Department of Transportation, in his/her capacity
as Director of the Public Transportation Division.
Section 22
Binding Agreement
The undersigned acknowledges that they are authorized to execute the AGREEMENT and bind their respective
agency(ies) and/or entity(ies) to the obligations set forth herein.
50
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year last
signed below.
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
CONTRACTOR
Brian Lagerberg, Director
Public Transportation Division
Authorized Representative
Title
Print Name
Date Date
APPROVED AS TO FORM BY:
Susan Cruise
Assistant Attorney General
9/11/2017
Date
51
EXHIBIT 1
Project Scope of Work
Commute Trip Reduction (CTR)
1. Scope of Work
A. Administrative Work Plan
The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the end of the first
quarter of this agreement or when the CONTRACTOR submits its first invoice, whichever is sooner .
The administrative work plan will include the following elements:
1. The work plan shall identify the deliverables, schedule, expected outcomes, performance
measures and the budget specific to strategies associated with this AGREEMENT and
other strategies as defined in the approved and locally adopted CTR or GTEC plans.
These plans may include, but are not limited to, recruiting new employer worksites,
reviewing employer programs, administering surveys, reviewing program exemption
requests, providing employer training, providing incentives, performing promotion and
marketing, and providing emergency ride home and other commuter services.
2. The administrative work plan budget shall identify how the CONTRACTOR will use the
state funds provided in this AGREEMENT for each task. The work plan shall also
provide an estimate of the other financial resources not provided in this AGREEMENT
that will be used to complete each task.
3. The administrative work plan must be approved in writing by the WSDOT Project
Manager, and shall be incorporated as a written amendment to the AGREEMENT. The
administrative work plan may be amended based on mutual written agreement between
the WSDOT Project Manager and the CONTRACTOR and shall be incorporated as a
written amendment to this AGREEMENT.
B. Work to be Performed
The county or city, whichever applies, has enacted or will enact a Commute Trip Reduction (CTR)
ordinance in compliance with RCW 70.94.521 through RCW 70.94.555. The CONTRACTOR agrees
to implement a CTR program based on the approved administrative work plan and the draft or
adopted local CTR plan and to comply with all provisions of the applicable county or city ordinance.
C. Use of State Funds for Incentives//
The CONTRACTOR agrees to use State funds provided as part of this AGREEMENT in accordance
with incentives guidance that WSDOT shall provide to the CONTRACTOR.
D. Quarterly Progress Reports and Invoices
The CONTRACTOR agrees to submit to WSDOT complete quarterly progress reports, as specified
by WSDOT in Section 7 – Progress Reports of the AGREEMENT, in Exhibit 2, “Project Progress
Report”, and as integrated with the deliverables identified in the administrative work plan, along with
all invoices in accordance with Section 5 – Reimbursement and Payment of the AGREEMENT. All
invoices shall be complete and accurately reflect actual State funded expenditures. Only those
activities identified in the CONTRACTOR’S approved administrative work plan will be reimbursed
by WSDOT.
E. Final Progress Report
The CONTRACTOR agrees to submit to WSDOT a final progress report, a template of which is
attached hereto as Exhibit 4, “Final Project Progress Report,” to replace the last quarterly progress
52
report in the period of the AGREEMENT. The final progress report shall provide an estimate of any
other financial resources not provided in this AGREEMENT that were used to complete each task and
shall provide a list of the funds provided in this AGREEMENT that were disbursed by the
CONTRACTOR to its eligible contracting partner(s).
F. Funding Distribution
The CONTRACTOR may distribute funds to local jurisdictions to include counties, cities, transit
agencies, Transportation Management Associations, and Metropolitan Planning Organizations or
other eligible organizations authorized to enter into agreements for the purposes of implementing
CTR and/or GTEC, plans as applicable, and as authorized by RCW 70.94.544, and by ordinances
adopted pursuant to RCW 70.94.527(5).
G. Implementation Plans
The CONTRACTOR shall incorporate appropriate sections of the Project Scope of Work and
incentives guidance, as well as the approved administrative work plan, in all agreements with eligible
contracting partner(s), as necessary, to coordinate the development, implementation, and
administration of such CTR and/or GTEC plans, and in compliance with applicable ordinances.
H. Appeals and Modifications
The CONTRACTOR shall maintain an appeals process consistent with the Administrative Procedures
section contained in the CTR Guidelines which may be obtained from WSDOT or found at
http://www.wsdot.wa.gov/Transit/CTR/law.htm.
I. Coordination with Regional Transportation Planning Organizations (RTPO)
The CONTRACTOR shall coordinate the development and implementation of its CTR and/or GTEC
plan and programs with the applicable regional transportation planning organization (RTPO). The
CONTRACTOR agrees to notify the RTPO of any substantial changes to its plans and programs that
could impact the success of the regional CTR plan. The CONTRACTOR agrees to provide
information about the progress of its CTR and/or GTEC plan and programs to the RTPO upon
request.
J. Survey Coordination
The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners for commute trip
reduction employer surveys.
K. Planning Data
The CONTRACTOR agrees to provide WSDOT with the program goals established for newly affected
worksites when they are established by the local jurisdiction. The CONTRACTOR agrees to provide
WSDOT with updated program goals for affected worksites and jurisdictions as requested. These
updates shall be submitted electronically in a format specified by WSDOT.
L. Database Updates
The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR’s contracting partners with
updated lists of affected or participating worksites, employee transportation coordinators, and
jurisdiction contacts, as requested. These updates will be submitted in a format specified by
WSDOT.
53
EXHIBIT 2
Project Progress Report
Commute Trip Reduction (CTR) Quarterly Project Report
Reporting quarter: Date:
Organization: Agreement number:
Biennial
targets
Estimate of drive-alone trips to reduce to meet goal:
Key
deliverables:
(from
administrative
work plan)
Completed activities this quarter
Planned activities for next quarter
Describe issues, risks or challenges and resolutions
Estimated expenditures of state funds for this quarter
54
EXHIBIT 3
Invoice Voucher Template
55
EXHIBIT 4
Final Project Progress Report
Commute Trip Reduction (CTR) Final Project Report
Biennium: 2015-2017 Date:
Organization: Agreement number: GCB
Biennial
targets
Estimate of drive-alone trips to reduce to meet goal:
Deliverables:
(from
administrative
work plan)
Describe your progress on each of your deliverables this biennium.
Did you meet your targets for this biennium? Why or why not?
What were your major successes this biennium? How did they help you make
progress toward the goals in your jurisdiction’s CTR plan(s) and/or work
plans/scope of work?
What were your major challenges this biennium? How did they hinder your
progress toward the goals in your jurisdiction’s CTR plan(s) and/or work
plans/scope of work?
How do you measure the performance of your strategies?
What did you learn this biennium?
What would help you be more successful in the future? Please be specific (If it’s
more resources, how much and what would they be for, etc.).
For each of the strategies in your administrative work plan, describe your
expected outcomes, whether you met those outcomes, and why or why not.
Strategy Expected
outcomes
Performance
measures
Outcomes
met?
Why or why not?
56
If your organization used other financial resources besides state CTR funds to
implement the activities in your administrative work plan for this agreement,
please provide the information below.
Source of local funds Estimated funds spent
this agreement
How the funds were
used
Total local funds:
If your organization disbursed any state CTR funds to other organizations to
implement the activities in your administrative work plan for this agreement,
please list the total amount disbursed for the biennium below.
Organization Total disbursed this
agreement
Purpose of disbursal
Total disbursement:
57
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58
Commute Trip Reduction (CTR) Administrative Work Plan
2017-2019
Organization: City of Kent
Agreement number: GCB2755
Biennial targets: Estimated number of drive-alone trips to reduce to meet 2017-2019
CTR goals: To reduce the number of DAT by 281 trips per day from baseline and 102
trips per day from the 2015-16 survey cycle. This would help us to reach a target of 25%
NDAT rate by 2020.
Please note that this work plan is a requirement of the CTR agreement with WSDOT. It
must be submitted and approved by WSDOT before you will receive state CTR funds.
Only those strategies in an approved work plan will be eligible for reimbursement.
For each of the major strategies in your work plan, complete the table below. The
purpose of the work plan is to provide a strategic overview of your local approach to
meet your biennial targets. For each strategy, indicate the estimated budget, the key
deliverables, implementation timeline, expected outcomes, potential issues and risks,
and the performance measures you will use to determine progress of a strategy.
Strategy #1: Program Administration
Brief description General administration required for implementing
CTR Plan including management of contracts,
programs, and policies. Manage finances and
budget activities. Update and maintain local CTR
worksite database. Collaborate and coordinate with
other CTR implementation professionals.
Professional development and training. Work with
Kent staff to coordinate legislative support, grant
writing, workspace, computer, telephone,
conference rooms, and travel expenses. Provide
local data to state and county administrators for
coordination of recordkeeping, ongoing tracking,
and planning purposes.
Budget $23,000
Deliverables Administration of Contracts
Timeline Ongoing
Expected outcomes Local CTR worksite database, current budget,
contract fulfillment
Potential issues and risks Changes to CTR Law/ New CTR Coordinator
learning curve
Performance measures Compliance with CTR Law
59
Strategy #2: ETC Training
Brief description Identify Employee Transportation Coordinators ETC at
new sites. Assist with baseline survey and program
development. Consult with newly assigned ETCs at
existing sites. Conduct basic ETC training. For all ETCs
provide ongoing training and conduct survey training.
Distribute printed information and provide technical
assistance. Contract with King County to provide basic
ETC training classes.
Budget $12,000
Deliverables Personal contact with new ETCs at both new and
existing worksites. Create toolbox to help ETCs with
common needs. One-on-one support.
Timeline Ongoing
Expected outcomes Employer education, marketing tools, commuter support,
and education
Potential issues and risks Changes to CTR Law
Performance measures Number of worksites with ETC change in a given year,
one-on-one meetings held
Strategy #3: Program Reports
Brief description Identify and notify employers (existing, new, and potential) of
program report requirements and provide technical assistance.
Review employer program reports and assist with deficiencies.
Forward complete reports to WSDOT.
Budget $15,000
Deliverables Program reports submitted to WSDOT
Timeline Biennial – Fall 2018, as well as ongoing new site identification
Expected outcomes Employer compliance and program improvements
Potential issues and risks Changes to CTR Law
Performance measures Employer compliance
Strategy #4: Surveys
Brief description Notify affected employers of survey requirements. Provide
training in both online and paper survey processes. Provide
assistance to surveying worksites. Review and analyze survey
results. Notify employers of survey results and provide needed
support or enforcement.
Budget $27,500
Deliverables CTR survey notification, survey set-up, CTR survey results,
individualized follow up for identification of next steps to improve
CTR goals and targets
Timeline Biennial – Spring 2018
Expected outcomes New insights and strategies
Potential issues and risks Changes to CTR Law
Performance measures Survey responses and drive-alone trips reduced
60
Strategy #5: Employer Support
Brief description Work with employers to reduce trips and reach
CTR goals and targets, educate them on
Transportation Demand Management (TDM) best
practices. Notify employers of local and regional
activities and promotions. Respond to inquiries
and serve as liaison between employers and city,
county, regional, and state agencies. Provide
technical assistance to all employers. Provide
tools and templates. Maintain local CTR
webpage. Provide assistance at transportation
fairs and events. Attend local, state, and regional
meetings to keep current with program activities
and share outcomes with employers.
Budget $25,000
Deliverables Employer education, marketing tools, commuter
support, webpage
Timeline Ongoing
Expected outcomes Regular communication and enhanced
performance
Potential issues and risks Frequent ETC turnover reduces the efficacy of
investment
Performance measures One-on-one meetings. Sites implementing new
TDM measures. Sites participating in events and
collaborating within community and region
Strategy #6: Regional promotions, marketing, and incentives
Brief description Work with partners on regional promotions
such as Wheel Options, bike-to-work month,
RideshareOnline, Diamond Awards, wellness
fairs, transportation fairs, etc. Provide
marketing materials and access to incentives
to all interested Kent businesses. Maintain
website that provides TDM information
Citywide, including support for ETC and
community-wide trip reduction goals.
Budget $10,507
Deliverables Posters, sample emails, website, surveys and
marketing tools
Timeline Ongoing
Expected outcomes Educational opportunity to reach new users
Potential issues and risks Lack of funding
Performance measures Website relaunch/Number of new participants
61
Strategy #7: Regional and state Transportation Demand Management support
Brief description Develop and promote regional TDM projects.
Monitor and support regional and state TDM
legislation. Meet with members of the
community to educate and promote TDM
concepts.
Budget $10,000
Deliverables Regional meetings, reports to City Council,
legislative improvements
Timeline Ongoing
Expected outcomes New programs, education, and beneficial
legislation
Potential issues and risks Lack of funding
Performance measures Regional TDM programs
Strategy #8: Local CTR Plan development and update
Brief description Update the City of Kent Local CTR Plan and
Transit Plan. Integrate CTR and Transit Plans
into City Comprehensive Plan.
Budget $3,000
Deliverables Updated local plan
Timeline October 2018 – June 2019
Expected outcomes Updated local plan
Potential issues and risks Lack of time, funds and resources
Performance measures Updated plans
If your organization plans to use other financial resources besides state CTR
funds to implement the activities in your administrative work plan, please provide
an estimate of how you will use these funds:
Source of local funds Total estimated to be
spent in 2017-2019
How the funds will be used
City General Fund $266,000.00 City share for transit
enhancements (Route 913) to
provide last-mile transit service to
CTR worksites
City General Fund $100,000.00* Construction and maintenance of
pedestrian and bicycle
infrastructure near CTR worksites
Total local funds: $366,000.00
* This is an estimated number as of 9/27/17. Additional funding may be available upon City Department review.
If your organization plans to disburse any state CTR funds to other organizations
to implement the activities in your administrative work plan, please estimate the
total amount disbursed for the biennium below.
NONE
62
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: October 2, 2017
TO: Public Works Committee Members
FROM: Kelly Peterson, AICP, Transportation Engineering Manager
THROUGH: Chad Bieren, P.E., Deputy Director / City Engineer
SUBJECT: Grievance Procedure – Americans with Disabilities Act (ADA) -
Recommend
Summary: Local governments with 50 or more employees are required to adopt and
publish procedures for resolving grievances arising under Title II of the Americans with
Disabilities Act (ADA). Grievance procedures set out a system for resolving complaints
of discrimination in a prompt and fair manner.
These procedures may be used by anyone who wishes to file a complaint alleging
discrimination on the basis of disability in the provision of services, activities,
programs, or benefits by the City of Kent. The procedures do not deny the right of the
complainant to file formal complaints with other state or federal agencies or to seek
private counsel for complaints alleging discrimination or unaccommodated barriers to
access.
In addition to the Grievance Procedure, City staff developed an Accessibility Request
that will be added to the website and used by the public to submit accessibility
requests for a wide variety of issues directly to the ADA Coordinator. The ADA
Coordinator would then send the request to the applicable department to investigate
the issue. Every effort will be made to resolve complaints informally and expediently at
the city level based on requests for accommodation.
EXHIBITS: Grievance Procedure under the Americans with Disabilities Act
Request for Accommodation and adopting resolution
BUDGET IMPACT: Requests for accommodation and/or grievances will be addressed
on a case by case basis.
MOTION: Move to recommend Council authorize the Mayor to sign
Resolution No. ____, adopting a formal City of Kent Grievance Procedure in
compliance with the Americans with Disabilities Act (ADA).
program.
63
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64
RESOLUTION NO. ___________
A RESOLUTION of the City Council of the
City of Kent, Washington, adopting a policy
outlining a grievance procedure under the
Americans with Disabilities Act.
RECITALS
A. The Americans with Disabilities Act of 1990 (“ADA”) requires
that cities with more than 50 employees establish a grievance procedure
for individuals who wish to file a complaint alleging discrimination on the
basis of disability in the provision of services, activities, programs, or
benefits by the city.
B. The grievance procedure must designate at least one
employee to act as the ADA Coordinator and investigate any complaints
that the city has violated Title II of the ADA.
C. The grievance procedure must be adopted and publicized.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
65
RESOLUTION
SECTION 1. – Adoption. The city of Kent adopts a policy entitled
“City of Kent Grievance Procedure under The Americans with Disabilities
Act,” attached hereto and incorporated as Exhibit A.
SECTION 2. – 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 3. – 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 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 , 2017.
CONCURRED in by the Mayor of the City of Kent this _____ day of
__________, 2017.
SUZETTE COOKE, MAYOR
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ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
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CITY OF KENT
Grievance Procedure
under
The Americans with
Disabilities Act
A. Overview
This Grievance Procedure is established to meet the requirements of the Americans with
Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint alleging
discrimination on the basis of disability in the provision of services, activities, programs, or
benefits by the City of Kent. The City’s Personnel Policy governs employment-related complaints
of disability discrimination. The procedures do not deny the right of the complainant to file formal
complaints with other state or federal agencies or to seek private counsel for complaints alleging
discrimination or unaccommodated barriers to access. Every effort will be made to resolve
complaints informally at the city level.
B. Procedures
Any individual, group of individuals or entity that believes they have been subjected to
discrimination or faced unaccommodated barriers to access as defined by the ADA may file a
written complaint with the City’s ADA Program Coordinator using the procedure outlined below.
1. FILING A COMPLAINT (GRIEVANCE)
Contents of the Complaint
The complaint should be in writing and contain information about the alleged discrimination
such as name, address, phone number of complainant and location, date, and description
of the problem. Alternative means of filing complaints, such as personal interviews or a
tape recording of the complaint, will be made available for persons with disabilities upon
request.
Deadline to File a Complaint
The complaint should be submitted by the complainant and/or his/her designee as soon as
possible, but no later than 60 calendar days after the alleged violation.
Where to File a Complaint
The complaint should be submitted to:
Chris Hills, Risk Manager and ADA Program Coordinator
City of Kent
City Clerk’s Office
220 Fourth Avenue South
Kent, WA 98032
chills@kentwa.gov
2. RESOLUTION OF THE GRIEVANCE (COMPLAINT)
Review by the ADA Coordinator
Upon receiving the written complaint, the ADA Program Coordinator, in consultation with
other city staff, will determine if an external entity should conduct the investigation. If the
complaint is against the City of Kent, the city may request that an external entity conduct
the investigation. If the complaint is against an entity under contract with the city, the
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appropriate department and/or division will be notified of the complaint within 15 calendar
days, and the city will determine if an external entity should conduct the investigation.
Meeting with the ADA Coordinator
Within 15 calendar days after receipt of the complaint, the ADA Coordinator or his/her
designee, will meet with the complainant to discuss the complaint and the possible
resolutions.
Response from ADA Coordinator
Within 60 calendar days of receipt of the complaint, the ADA Coordinator or his/her
designee, will prepare a written investigative report for the appropriate department
director and Chief Administrative Officer. The report shall include a narrative description of
the incident, identification of persons interviewed, findings and recommendations for
resolution.
Appeal of Response from ADA Coordinator
If the response by the ADA Coordinator or his/her designee does not satisfactorily resolve
the issue, the complainant and/or his/her designee may appeal the decision within 15
calendar days after receipt of the response to the Chief Administrative Officer.
Response to Appeal from Chief Administrative Officer
Within 15 calendar days after receipt of the appeal, the Chief Administrative Officer or
his/her designee, will schedule a time to meet with the complainant to discuss the
complaint and possible resolutions. Within 15 calendar days after the meeting, the Chief
Administrative Officer or his/her designee will respond in writing and where appropriate, in
a format accessible to the complainant, with a final resolution of the complaint or with a
date by which a final resolution will be issued.
3. RETENTION OF COMPLAINT FILES
All written complaints received by the ADA Coordinator, appeals to the Chief Administrative
Officer, or their designees, and responses from these two offices will be retained by the City
of Kent in accordance with the City’s adopted records retention policy.
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70
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: October 2, 2017
To: Public Works Committee Members
FROM: Michael Mactutis, P.E., Environmental Engineering Manager
THROUGH: Chad Bieren, P.E., Deputy Public Works Director / City Engineer
SUBJECT: U.S. Geological Survey Joint Funding Agreement - Recommend
SUMMARY: This is an on-going partnership with the City of Kent and the U.S.
Geological Survey (USGS) for stream data collection. For federal fiscal year 2018, the
City of Kent will contribute $75,590 to the total annual program costs of $117,715 with
the USGS and the City of Tukwila providing the remainder.
These gages provide valuable information on stream and weather conditions, including
water surface elevations, flow levels and amounts of precipitation. This information is
used to calibrate stream flow models and increase the accuracy of City designs. In
addition the internet link allows staff and the public to monitor stream flow levels from
remote locations at real-time.
The stream flow measured by the gage at Rock Creek and Kent Kangley Road is
included in the Clark Springs Habitat Conservation Plan as a criterion to determine the
City’s augmentation of flows in Rock Creek from October through December.
This agreement will provide for operation, maintenance and data collection at six
gages. Two are located on Mill Creek, one on Springbrook Creek, two on Rock Creek,
and one on the Green River.
The gage information is available to the public real-time at
http://waterdata.usgs.gov/wa/nwis/current?type=flow.
EXHIBIT: Joint Funding Agreement
BUDGET IMPACT: Costs for this contract will be charged to the Water Utility for the
Rock Creek gages and to the Stormwater Utility for the Green River, Mill and
Springbrook gages.
Motion: Move to recommend Council authorize the Mayor to sign the
federal fiscal year 2018 Joint Funding Agreement for Water Resources
Investigations between the City of Kent and the U.S. Geological Survey
subject to final terms and conditions acceptable to the Public Works
Director and City Attorney.
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72
Form 9-1366
(April2015)
U.S. Department of the Interior Gustomer #:
U.S. Geological Survey Agreement #l
Joint Funding Agreement Project #:
TIN #:
Fixed Gost
Agreement
FOR
WATER RESOURCES INVESTIGATIONS
6000000723 FYl8
18WNWA09800
972298U
9r-600t2s4
F
"""f No
1
THIS AGREEMENT is entered into as of the lst day of OCTOBER 2017, by the U.S. GEOLOGTCAL SURVEv,
UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Kent, party of the
second part.
The parties hereto agree that subject to availability of appropriations and in accordance with their
respective authorities there shall be maintained in cooperation a fixed-cost agreement for operation
and maintenance of streamgaging stations at the Green River, and Springbrook, Mill and Rock
Greeks, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC
50b.
2 The following amounts shall be contributed to cover all of the cost of the necessary field and analytical
work directly related to this program. 2(b) includes ln-Kind Services in the amount of gN/A.
by the party of the first part during the period(a) $42,125 OCTOBER l,Z0l7 to SEPTEMBER 30,2019
by the party of the second part during the period(b) $75'590 OCTOBER 1,2017 to SEPTEMBER 30,2018
(c) Contributions are provided by the party of the first part through other USGS regional or national
programs, in the amount of :
$
Description of the USGS regional/nations program:
(d)Additional or reduced amounts by each party during the above period or succeeding periods as may be
determined by mutual agreement and set forth in an exchange of letters between th-e parties.
(e)The performance period may be changed by mutual agreement and set forth in an exchange of letters
between the parties..
3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively
governing each party.
4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic
review by an authorized representative of the party of the first part.
5. The areas to be included in the program shall be determined by mutual agreement between the parties
hereto or their authorized representatives. The methods employed in the field and office shall be those
adopted by the party of the first part to insure the required standards of accuracy subject to modification by
mutual agreement.
6. During the course of this program, all field and analytical work of either party pertaining to this program shall
be open to the inspection of the other party, and if the work is not being carried on in a mutually salisfactory
manner, either party may terminate this agreement upon 60 days written notice to the other party.
7. The original records resulting from this program will be deposited in the office of origin of those records. Upon
73
request, copies of the original records will be provided to the office of the other party.
8. The maps, records, or reports resulting from this program shall be made available to the public as promptly
as possible. The maps, records, or reports normally will be published by the party of the first part. However,
the party of the second part reserves the right to publish the results of this program and, if already published
by the party of the first part shall, upon request, be furnished by the party of the first part, at costs,
impressions suitable for purposes of reproduction similar to that for which the original copy was prepared.
The maps, records, or reports published by either party shall contain a statement of the cooperative relations
between the parties.
9. USGS will issue billings utilizing Department of the lnterior Bill for Collection (form Dl-1040). Billing
documents are to be rendered QUARTERLY. Payments of bills are due within 60 days after the billing date. lf
not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or
portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-
212222, August 23, 1 983).
Name of Customer
U.S. GeologicalSurvey
United States
Department of the lnterior City of Kent
USGS Point of Contact Gustomer Point of Contact
Name:
Address:
Name:
Title:
Telephone: (253) 552-1609Email: mcmastin@usgs.gov
By
Mark Mastin
934 Broadway St, STE 300
Tacoma, WA 98402
Signatures
Date]!ptc.4_7
Cynthia Barton, Ph.D., L.G., L.H.G.
Genter Director, USGS Washington
Water Science Genter
Date_ By
Name:
Address:
Telephone:
Email:
Signatures
Name:
Title:
Date
Date
Name:
Title:
Name
Title:
Name
Title:
Name:
Title:
Date Date
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
DATE: October 2, 2017
TO: Public Works Committee Members
FROM: Gina Hungerford, Conservation Coordinator
THROUGH: Matt Knox, Environmental Supervisor
Mike Mactutis, P.E., Environmental Engineering Manager
Chad Bieren, P.E., Deputy Public Work Director / City Engineer
SUBJECT: TeamUp2CleanUpKent – October 14, 2017
Recycling Event/Composter Sale – October 21, 2017
Curbside Cleanup – November 6-17, 2017
SUMMARY: Our first fall TeamUp2CleanUpKent event is scheduled for Oct. 14th 9 a.m. -
Noon. Republic Services will supply stations with bags, gloves, and dumpsters. The supply
stations will be set up at Kherson Park 307 West Gowe Street, downtown and at the Golden
Steer Restaurant 23826 104th Ave SE, on the East Hill. We’ve reached out to a lot of different
groups and hope to have a good turnout.
Recycling Event is happening on Saturday, October 21, at Hogan Park, 24400 Russell Rd.
from 9 a.m. – 3 p.m. Residents are invited to bring items not easily recycled at the curb,
including appliances, tires, concrete/asphalt, Styrofoam & up to 3 boxes of documents to
shred at no charge. Composters will be available for sale at the event (while supplies last).
The flyer will be going out in the mail this week and is also available on our website
https://www.kentwa.gov/Home/Components/Calendar/Event/1197/587?curm=10&cury=2017
This event is funded by the King County Waste Reduction and Recycling Grant and the Local
Hazardous Waste Management Program Grant. Department of Ecology Grant funds have not
yet been allocated for this event.
Curbside Cleanup - is included as part of our contract with Republic Services and will be
taking place November 6 – 17, residents can place up to ten 32-gallon units of extra garbage
and yard waste at the curb at no additional charge, but only on your normal yard waste
collection day.
EXHIBIT: None
BUDGET IMPACT: None
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: 400 West Gowe Street
Kent, WA 98032-5895
DATE: October 2, 2017
TO: Public Works Committee Members
FROM: Hayley Bonsteel, Senior Long Range Planner
SUJBECT: Meet Me on Meeker Design and Construction Standards
NO MOTION REQUIRED/INFORMATION ONLY
SUMMARY: The Meet Me on Meeker draft design and construction standards are
undergoing extensive staff review. Early comments by staff have focused on
improving clarity, as well as remedying errors and inconsistencies. Substantial
changes are in the works but a new draft is not yet prepared.
At the October 2nd meeting, staff will discuss plan consistency and outreach. The
Meet Me on Meeker project was born out of the Economic Development Plan, and is
consistent with many policies in both the Comprehensive Plan and the
Transportation Master Plan (TMP), as well as the Complete Streets ordinance
adopted in 2016. The project itself is not listed in the Transportation Master Plan as
multimodal but rather as a widening project; however, changes to Kent’s
transportation system since the mid 2000’s (such as Veterans Drive) mean that the
five-lane arterial may no longer make economic sense due to the cost of replacing
the Meeker Street Bridge. Staff will also cover ongoing outreach efforts, and answer
questions.
EXHIBIT: None
BUDGET IMPACT: None
BE:pm P:\Planning\Hayley\MEET ME ON MEEKER\Presentations and Council Memos\MMOM PWC Update
9.18.17.docx
Enc:
cc: Ben Wolters, Economic & Community Development Director
Charlene Anderson, AICP, Planning Manager
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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: October 2, 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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