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HomeMy WebLinkAbout07-20-2015 CITY COUNCIL AGENDACity Council Meeting July 20, 2015 - 7:00 PM Auburn City Hall ��� AGENDA Watch the meeti ng L I V E! "y VVA, S I N' a I ,; Watch the meeting video M eeti ng vi deos are not avai I abl e unti 172 hours after the meeti na has cond uded. CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS A. Auburn Little League 11 -12 Majors Baseball All- Stars, District 10 Champs Mayor Backus and City Council to Recognize Auburn Little League 11 -12 Majors Baseball All-Stars, District 10 Champs: Manager Kai Nahaku, Brodie Beilke, Blake Deshler, Javon Forward, Brett Harvey, Giovani Parascondola, Ian Middelburg, Jackson Conner, Wyatt Nelson, Grant Harris, Evan Jilbert, Kamana Nahaku, Rhett Stein, Brayton Eilenberger III. APPOINTMENTS A. Parks & Recreation Board City Council to confirm the appointment of Bob Kickmer to a new three (3) year term on the Auburn Parks and Recreation Board. His term will expire on December 31, 2017. B. Civil Service Commission City Council to confirm the appointment of James Kelly to a new six (6) year term on the Civil Service Commission. His term will expire on December 31, 2020. IV. AGENDA MODIFICATIONS V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing is scheduled for this evening. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. C. Correspondence There is no correspondence for Council review. Page 1 of 195 VI. COUNCIL AD HOC COMMITTEE REPORTS Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council Committees' progress on assigned tasks and may give their recommendation to the City Council, if any. VII. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the March 23, 2015 Council Study Session* B. Minutes of the July 6, 2015 City Council Meeting* C. Claims Vouchers (Coleman) Claims voucher numbers 434513 through 434745 in the amount of $6,157,281.28 and three wire transfers in the amount of $6,288.08 and dated July 20, 2015. D. Payroll Vouchers (Coleman) City Council approve payroll vouchers 535700 through 535734 in the amount of $979,636.01 and electronic deposit transmissions in the amount of $1,373,312.90 for a grand total of $2,352,948.91 for the period covering July 2, 2015 to July 15, 2015. E. Public Works Project Nos. CP1118 and CP1119, Auburn Way South Improvements, Dogwood to Hemlock, Change Order No. 1* (Snyder) City Council approve Change Order No. 1 in the amount of $450,000.00 to Contract No. 14 -19 for work on Project Nos. CP1118 and CP1119 (Auburn Way South Improvements, Dogwood to Hemlock) F. Public Works Project No. CP1412* (Snyder) City Council award Contract No. 15 -12, to Pease Construction, Inc. on their low bid of $4,602,880.00 plus Washington State sales tax of $437,273.60 for a total contract price of $5,040,153.60 for Project No. CP1412, Auburn Teen Center and Community Center (RECOMMENDED ACTION: City Council approve the Consent Agenda.) VIII. UNFINISHED BUSINESS IX. NEW BUSINESS X. ORDINANCES A. Ordinance No. 6562 (Second Reading)* (Snyder) An Ordinance of the City Council of the City of Auburn, Washington, approving the vacation of right -of -way in the vicinity of the northeast corner of South Division Street and 2nd Street SE (RECOMMENDED ACTION: City Council adopt Ordinance No. 6562.) Page 2 of 195 B. Ordinance No. 6566 (Second Reading)* (Snyder) An Ordinance of the City Council of the City of Auburn, Washington, approving the Final Plat of Westridge Auburn (RECOMMENDED ACTION: City Council adopt Ordinance No. 6566.) XI. RESOLUTIONS A. Resolution No. 5154* (Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to award and execute an agreement with Ferguson Waterworks for implementation of Contract Number 15 -11 for Project CP1317, Meter and Billing System Improvements Project (RECOMMENDED ACTION: City Council adopt Resolution No. 5154.) B. Resolution No. 5157* (Snyder) A Resolution of the City Council of the City of Auburn, Washington, setting a hearing date in relation to amending the 2016 -2021 Transportation Improvement Program of the City of Auburn pursuant to R.C.W. Chapter 35.77 (RECOMMENDED ACTION: City Council adopt Resolution No. 5157.) C. Resolution No. 5160* (Synder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute the purchase of real property from Puget Sound Energy (RECOMMENDED ACTION: City Council adopt Resolution No. 5160.) D. Resolution No. 5161* (Snyder) A Resolution of the City Council of the City of Auburn, Washington, extending the effective date of Resolution No. 5113 which approved an agreement between the cities of Auburn and Sumner for adjustment of the boundary between the cities of Auburn and Sumner with the movement of city boundary to the other side of the roadway of a portion of right -of -way of Stewart Road /Lake Tapps Parkway East currently within the City of Auburn, pursuant to RCW 35.13.310 (RECOMMENDED ACTION: City Council adopt Resolution No. 5161.) E. Resolution No. 5162* (Hursh) A Resolution of the City Council of the City of Auburn, Washington, approving the lodging tax grant disbursements recommended by the Auburn Lodging Tax Advisory Committee and the Auburn Tourism Board (RECOMMENDED ACTION: City Council adopt Resolution No. 5162.) XII. MAYOR AND COUNCILMEMBER REPORTS At this time the Mayor and City Council may report on their significant City- related activities since the last regular Council meeting. Page 3 of 195 A. From the Council B. From the Mayor XIII. ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http: / /www.auburnwa.gov), and via e -mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 4 of 195 1, ry, () i, " . ... . ...... r ,,y AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the March 23, 2015 Council Study Session Department: Attachments: Administration Minutes Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember: Meeting Date: July 20, 2015 Staff: Date: July 14, 2015 Budget Impact: $0 1 - . . CA.A AUBURN * MORE THAN YOU IMAGINED Page 5 of 195 CITY Of 1,A1,L`,, � U",,`,,,B N, CALL TO ORDER City Council Study Session March 23, 2015 - 5:30 PM Auburn City Hall MINUTES Deputy Mayor Holman called the meeting to order at 5:30 p.m. in the Council Chambers at Auburn City Hall, 25 West Main Street in Auburn. A. Roll Call City Councilmembers present: Deputy Mayor Holman, Rich Wagner, Bill Peloza, Largo Wales, Wayne Osborne, Claude DaCorsi, and Yolanda Trout. City officials and staff members present included: Mayor Nancy Backus, Community Development and Public Works Director Kevin Snyder, Sewer Utility Engineer Bob Elwell, Utilities Engineering Manager Lisa Tobin, IT Operations Manager Ashley Riggs, IT Customer Support Manager Reba Stowe, Finance Director Shelley Coleman, City Attorney Daniel B. Heid, Environmental Services Manager Chris Andersen, Police Commander Mike Hirman, Public Affairs and Marketing Manager Dana Hinman, Assistant Director of Engineering Services /City Engineer Ingrid Gaub, Transportation Manager Pablo Para, and City Clerk Danielle Daskam. AGENDA ITEMS FOR COUNCIL DISCUSSION A. Fourth Quarter 2014 Financial Report (Coleman) Finance Director Coleman presented the fourth quarter 2014 financial report for the period ending December 31, 2014. In 2014, General Fund revenues exceeded budget by $2.7 million. General Fund expenditures were approximately $5.2 million under budget. The increased revenue is due to increases in sales tax collections and sales tax credit for annexation, increased revenues from development service fees, and increased revenues from building permits. Finance Director Coleman spoke briefly regarding the volatility of the sales tax revenue stream since the Great Recession. In 2007, the City received its highest revenue from sales tax of $17.5 million. Sales tax revenue decreased approximately 33 percent over two years. Some of the decrease was due to the recession and some was due to the sourcing change of sales tax. Director Coleman reported that in 2014, the City's sales tax revenue reached (within $20,000.00) its record 2007 level for sales tax revenue. Approximately $4 million of the residual budget will be carried forward for Page 1 of 5 CA.A Page 6 of 195 2015 activities and some will go to the cumulative reserve fund to replenish the fund. Director Coleman reviewed real estate excise tax revenue and the cemetery operating revenues and expenditures. Director Coleman noted the utility funds ended the year without a net loss. Director Coleman cautioned the sales tax revenue level may not be sustained and the annexation sales tax credit will end in 2017. Director Coleman stated that several million dollars in working capital in the enterprise funds are being carried forward for capital projects in 2015. B. Comprehensive Sewer Plan Overview (Snyder) Utilities Engineering Manager Lisa Tobin and Sewer Utility Engineer Bob Elwell presented an overview of the draft Comprehensive Sewer Plan. The City is in the process of updating the Comprehensive Sewer Plan in parallel with the City's overall Comprehensive Plan. This plan is an update of the existing Sewer Comprehensive Plan adopted in 2009. Engineer Elwell explained the Plan contains time frames that are the intended framework for future funding decisions, and within which future actions and decisions are intended to occur. However, the time frames are estimates and the timing may change due to project status and availability of resources. Engineer Elwell reviewed the organization of the Plan chapter by chapter, and provided a brief explanation of each chapter. Engineer Elwell displayed a map (Figure 5 -6) showing existing sewer mains and facilities (in green) and proposed sewer mains and facilities (in magenta). Engineer Elwell stated Chapter 7, Recommended Plan, is the capital improvement program, and consists of primarily repair and replacement projects. The system analysis reveals no need for capacity improvements. In response to a question from Councilmember Peloza, Engineer Elwell stated the introduction of fats, oils and grease (FOG) into the sewer system is primarily from residential neighborhoods now rather than from restaurants, as restaurants are required to have grease traps and other pretreatment facilities. The FOG reduction program focuses on education. Engineer Elwell advised that staff plans to bring the Comprehensive Sewer Plan to a future Council meeting for a more in -depth discussion. C. Comprehensive Transportation Plan Update (Snyder) Transportation Manager Pablo Para presented Chapter 5, Policies Summary, of the Comprehensive Transportation Plan. Manager Para reviewed the proposed revisions to the Transportation Plan policies. Page 2 of 5 CA.A Page 7 of 195 Manager Para explained the last major update to the Comprehensive Transportation Plan was conducted in 2009. This year's update is proposed to complete minor policy revisions, map updates, format revisions to improve readability and incorporation of updated land use, population, and employment projects for the 2035 planning horizon year. Councilmember Osborne questioned the revision to Transportation Policy TR 4, which states, "Safety shall be prioritized over driving convenience." Councilmember Osborne proposed instead: "Provide a safe and efficient transportation system" to reflect a multi -modal transportation system. Councilmember Wagner disagreed. Councilmember Wagner suggested keeping Policy TR 70, which reads: "The City maintains the option of closing streets when freezing conditions are present to prevent frost damage." Mr. Para noted the policy was removed since closing roads for emergency purposes is a city authority that does not need to be an explicit comprehensive plan policy. Councilmember Osborne suggested the pedestrian portion of the plan include a statement that a flashing light warning for pedestrian crossings, similar to that described in Policy TR 148, be included for all crosswalks. City Engineer Gaub stated the full Transportation Plan will be presented to the Council at a future meeting where more comments can be taken. D. Informational briefing regarding the proposed 2016 Interlocal Agreement for the Green /Duwamish Central Puget Sound Watershed (WRIA -9) (Snyder) Staff to provide a briefing for the proposed 2016 Interlocal Agreement for the Green /Duwamish Central Puget Sound Watershed (WRIA -9) Environmental Services Manager Chris Andersen reminded in September 2014, the Council received a presentation from WRIA 9 Watershed Coordinator Doug Osterman about the WRIA 9 Forum and the interlocal agreement for the Green /Duwamish Central Puget Sound Watershed (WRIA 9). Manager Andersen reviewed the proposed WRIA 9 interlocal agreement (in the Council agenda packet) between local governments in the Green /Duwamish watershed. The City has been a party to the current interlocal agreement since 2006; the current interlocal agreement expires this year. The Green River watershed area is in South King County and covers approximately 500 square miles and extends from Howard Hanson Dam to Elliott Bay. There are 17 eligible parties to the interlocal agreement. The purpose of the interlocal agreement is to promote the ecological health of the Green /Duwamish Rivers and the Central Puget Sound Watersheds and to provide a mechanism, governance and funding structures for jointly implementing the Salmon Habitat Plan. The new agreement will be effective upon the execution by five eligible Page 3 of 5 CA.A Page 8 of 195 local governments that cover at least seventy percent of the population of the watershed. The proposed agreement has an initial term of ten years, which can be extended. Manager Andersen reported the WRIA 9 Ecosystem Forum has secured over $137 million since 2005 for watershed projects and programs. Auburn's operating funding share for 2015 is $22,000.00. WRIA 9 is seeking feedback on the proposed agreement from member jurisdictions until mid - April. Adoption of the agreement is targeted for July 2015. Councilmember Peloza, the current vice chair of the WRIA 9 Forum, spoke in favor of the proposed interlocal agreement. Mr. Osterman stated Exhibit A, Scope of Work, and Exhibit B, Staff Plan, for 2015 are available now. Councilmember Osborne expressed concern that WRIA 9 made a proposal for resource planning areas that include the Auburn Golf Course. Manager Andersen stated the Flood Control District proposed the Auburn Golf Course as a resource planning area. WRIA 9 made recommendations on standards, but did not set a geography for the resource areas. Manager Andersen advised that the Executive Board for the Flood Control District has not taken action on the recommendation due to the concerns expressed by the City. Director Snyder reported the City has expressed its displeasure with the potential impacts of resource planning area designations to City facilities, not only for the golf course, but to roads and other infrastructure. Director Snyder stated Mayor Backus and staff continue to work with officials from the City of Kent and the District to ensure protection for Auburn and Kent. Mr. Osterman spoke regarding the fiscal agent and service provider for the District, which is currently King County. E. Council Ad Hoc Committee on Committees This item was postponed due to time constraints. III. OTHER DISCUSSION ITEMS There was no other discussion. IV. EXECUTIVE SESSION At 7:38 p.m., Deputy Mayor Holman recessed the meeting for a five minute intermission and then to executive session in order to discuss pending /potential litigation pursuant to RCW 42.30.110(1)(i) for approximately 10 minutes. No action will occur this evening as a result of the executive session. City Attorney Heid attended the executive session. The Council reconvened at 7:53 p.m. Page 4 of 5 CA.A Page 9 of 195 V. ADJOURNMENT There being no further discussion, the meeting adjourned 7:53 p.m. APPROVED this day of NANCY BACKUS, MAYOR , 2015. Danielle Daskam, City Clerk Page 5 of 5 CA.A Page 10 of 195 1, ry, () i, " . ... . ...... r ,,y AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the July 6, 2015 City Council Meeting Department: Attachments: Administration 7 ®6 ®2015 M nutes Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember: Meeting Date: July 20, 2015 Staff: Date: July 14, 2015 Budget Impact: $0 1 •- CA.B AUBURN * MORE THAN YOU IMAGINED Page 11 of 195 C 111' ��4 CALL TO ORDER A. Pledge of Allegiance City Council Meeting July 6, 2015 - 7:00 PM Auburn City Hall MINUTES Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the Council Chambers located in Auburn City Hall, 25 West Main Street in Auburn, and led those in attendance in the Pledge of Allegiance. B. Roll Call City Councilmembers present: Deputy Mayor John Holman, Rich Wagner, Bill Peloza, Largo Wales, Wayne Osborne, Yolanda Trout and Claude DaCorsi. Department Directors and staff members present included: City Attorney Daniel B. Heid, Community Development and Public Works Director Kevin Snyder, Director of Administration Michael Hursh, Innovation and Technology Customer Support Manager Reba Stowe, Assistant Director of Engineering Services /City Engineer Ingrid Gaub, Public Affairs and Marketing Manager Dana Hinman, Innovation and Technology Operations Manager Ashley Riggs, Parks, Arts and Recreation Director Daryl Faber, Assistant Police Chief Bill Pierson, Finance Director Shelley Coleman, Emergency Preparedness Manager Sarah Miller, Engineering Aide Amber Price and Deputy City Clerk Shawn Campbell. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS A. Legislative Update from Representative Drew Stokesbary Representative Stokesbary to brief the City Council on accomplishments during legislative session. Representative Drew Stokesbary reported the ongoing session of the Washington State Legislature has been very successful. He stated the proposed budget raises spending on education, reduces state college tuition, adds additional funds to assist those with mental health issues and provides grant funds to Auburn Youth Resources. They have also mostly completed a transportation package for the completion of SR167/SR512. Representative Stokesbary also said they are working to give more revenue stability to cities with revenue sharing from the sales of marijuana. Mayor Backus stated the City of Auburn is truly appreciative of the support the transportation package has received from the legislature. Councilmember Wagner inquired as where to funds will come from to replace the reduction in higher education tuition. Representative Stokesbary explained the funds will be backfilled by the State of Washington's General Fund. Councilmember Wales expressed her appreciation for the additional funds Page 1 of 7 CA.B Page 12 of 195 designated to education. Councilmember DaCorsi asked if there was discussion on revitalizing the Public Works Trust Fund Loans. Representative Stoksbery stated he believes they will come back. The legislature realizes these loans are important for the jurisdictions. Councilmember Peloza asked for an update on the transportation of crude oil by rail. Representative Stoksbery explained the State is limited on the types of restrictions that can be placed on the transportation of crude oil by the Federal government. The legislature passed a tax on oil brought in by train and by pipeline and the companies that are transporting the oil are required to show they have proper insurance. III. APPOINTMENTS There was no appointment for Council's consideration. IV. AGENDA MODIFICATIONS Updated information for Public Works Project No. CP1506 and Exhibit 5 to Ordinance No. 6566 were provided to Council. V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings Public Hearing for Right -of -Way Vacation V1 -15 (Snyder) City Council to conduct a public hearing on the City initiated vacation of right -of -way located at the northeast corner of South Division Street and 2nd Street SE. Engineering Aid Price explained the right -of -way proposed vacation was dedicated for safe bus turning radius. Additional intersection improvements have since been completed and the right -of -way is no longer needed. The City expects to have better sight distance, wider sidewalk and landscape areas and lower right -of -way maintenance. Mayor Backus opened the public hearing at 7:24 p.m. No one in the audience addressed the Council, and the hearing was closed. 2. Public Hearing for 2015 Annual Action Plan ( Hursh) City Council to conduct a public hearing to receive public comments and suggestions with regard to the 2015 Annual Action Plan. Director Hursh explained the City is required to submit a five (5) year plan and an Annual Action Plan as part of the Community Development Block Grant process. The Department of Housing and Urban Development (HUD) developed new guidelines regarding how the documents need to be provided. They now require the documents be submitted in conjunction with King County's grant application. Due to the fact that King County has not yet submitted their documents the City of Auburn is unable to move forward with the program. The City still does not have a contract with HUD due to the delay. The delay has hurt the housing repair program. People who qualify for the program are not able to receive repairs due to a shortage of available funds. The action plans Page 2 of 7 CA.B Page 13 of 195 have already been approved by Council but according to the new deadlines and procedure these plans need to be approved again in this format. Councilmember Wales requested the City review the philosophy around the requirements for grants from the City. Councilmember DaCorsi confirmed the funds will be available to the City once King County submits their application and there is not an expiration date on the funds. Mayor Backus opened the public hearing at 7:34 p.m. No one in the audience addressed the Council, and the hearing was closed. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. Derek Brandes, 5804 Olive Ave SE, Auburn Mr. Brandes introduced himself to Council and explained he is the new chair of the Auburn Area Chamber of Commerce. He reviewed several of the items the Chamber has planned for the next year. C. Correspondence There was no correspondence for Council review. VI. COUNCIL AD HOC COMMITTEE REPORTS Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council Committees' progress on assigned tasks and may give their recommendations to the City Council, if any. Councilmember Wales reported on behalf of the Council ad hoc committee that reviews claims and payroll vouchers. Councilmember Wales reported the committee recommends approval of the claims and payroll vouchers as presented. VII. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the June 15, 2015 Meeting B. Claims Vouchers (Coleman) Claims voucher numbers 434104 through 434512 in the amount of $5,300,761.26 and five wire transfers in the amount of $346,804.64 and dated July 6, 2015. C. Payroll Vouchers (Coleman) City Council approve payroll vouchers 535656 through 535699 in the amount of $301,501.75 and electronic deposit transmissions in the amount of $1,418,710.57 for a grand total of $1,720,212.32 for the period covering June 11, 2015 to July 1, 2015. D. Public Works Project No. CP1109 (Snyder) City Council award Contract No. 15 -05, to Miles Resources, LLC on their low bid of $563,248.17 plus Washington State sales tax of $53,508.58 for a total Page 3 of 7 CA.B Page 14 of 195 contract price of $616,756.75 for Project No. CP1109, Hi Crest Drive Storm Pipeline Repair and Replacement E. Public Works Project No. CP1202 (Snyder) City Council award Contract No. 15 -01, to Northwest Cascade, Inc. on their low bid of $2,541,321.00 plus Washington State sales tax of $99,503.00 for a total contract price of $2,640,824.00 for Project No. CP1202, Auburn Way South Flooding Improvements Phase 2 F. Public Works Project No. CP1506 (Snyder) City Council award Contract No. 15 -13, to the ICON Materials for their low bid of $1,894,842.20 for Project No. CP1506 — 2015 Pavement Patching and Overlay Project G. Public Works Project No. CP1308 (Snyder) City Council approve Final Pay Estimate No. 8 to Contract No. 14 -04 in the amount of $61.393.27 and accept construction of Project No. CP1308 — BNSF Utility Crossings Project. Deputy Mayor Holman moved and Councilmember Osborne seconded to approve the Consent Agenda. The Consent Agenda includes minutes, claims, payroll vouchers and public works projects. Mayor Backus explained the bids received for project CP1506 - 2015 Pavement Patching and Overlay Project were lower than expected. The City will use the additional funds to do more road pavement repairs. Councilmember Peloza asked that B Street be considered for repairs with the additional funds. Councilmember Wales stated the roads should be selected according to established the list the City has developed. MOTION CARRIED UNANIMOUSLY. 7 -0 VIII. UNFINISHED BUSINESS There was no unfinished business. IX. NEW BUSINESS A. SCORE Jail Statistics (Mayor Backus) Mayor Backus is the City's representative on the South Correctional Entity (SCORE) Board and presented a PowerPoint presentation on SCORE jail statistics. The SCORE member cities include Auburn, Renton, Federal Way, Tukwila, Burien, SeaTac and Des Moines. Mayor Backus reviewed SCORE Member City Billable Average Daily Population (ADP) for May 2015. Auburn's ADP in May was 74 compared to Auburn's April ADP of 57. The ADP for the SCORE facility in May was 310, up from April's ADP of 304. Graphs for Total ADP by Month and Year and Auburn Billable Average Daily Population were reviewed. In May 2015 total ADP for member and contract Page 4 of 7 CA.B Page 15 of 195 entities was 657 up from 636 in April 2015. Auburn's Billable ADP for 2013 - 2015 reflects a continuing decline in billable ADP. Auburn's 2013 Budget ADP was 122, and Auburn's 2014 Budget ADP was 97. Auburn's 2015 Budget ADP is 79. Mayor Backus also reviewed Total Bookings for Member and Contract Agencies, May 2014 -May 2015; Member Bookings by Agency, May 2014 to May 2015; Member Agency Bookings by Type for May 2015; and Contract Inmates ADP for May 2015. Councilmember Wagner asked why the City of Auburn has the highest number in the member booking by agency, when the billable average daily population shows the City at third highest. Mayor Backus explained the City of Auburn could book people into SCORE that are added to other members billable population. Not everyone who is booked by the City of Auburn necessarily counts for the population against the City. X. ORDINANCES A. Ordinance No. 6563 (Second Reading) (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 6533, the 2015 -2016 Biennial Budget Ordinance, as amended by Ordinance No. 6558, authorizing amendment to the City of Auburn 2015- 2016 Budget as set forth in Schedule "A" and Schedule "B" MOTION TO ADOPT ORDINANCE NO. 6563 CARRIED UNANIMOUSLY. 7 -0 B. Ordinance No. 6562 (First Reading) (Snyder) An Ordinance of the City Council of the City of Auburn, Washington, approving the vacation of right -of -way in the vicinity of the northeast corner of South Division Street and 2nd Street SE Councilmember Osborne moved and Councilmember DaCorsi seconded to adopt Ordinance No. 6562. C. Ordinance No. 6566 (First Reading) (Snyder) An Ordinance of the City Council of the City of Auburn, Washington, approving the Final Plat of Westridge Auburn Deputy Mayor Holman moved and Councilmember Trout seconded to adopt Ordinance No. 6566. Deputy Mayor Holman noted a vicinity map for this Ordinance was provided to Council prior to the meeting. XI. RESOLUTIONS A. Resolution No. 5143 (Hursh) A Resolution of the City Council of the City of Auburn, Washington, authorizing the City of Auburn to adopt the Intergovernmental Agreement for EMAC and PNEMA assistance between the Washington Military Department and the City of Auburn Deputy Mayor Holman moved and Councilmember Osborne seconded to adopt Resolution No. 5143. Page 5 of 7 CA.B Page 16 of 195 Deputy Mayor Holman explained this agreement is an intergovernmental agreement for the military assistance program. MOTION CARRIED UNANIMOUSLY. 7 -0 B. Resolution No. 5151 (Hursh) A Resolution of the City Council of the City of Auburn, Washington, adopting the Consolidated Plan for years 2015 to 2019 and the 2015 Annual Action Plan Councilmember Wales moved and Councilmember DaCorsi seconded to adopt Resolution No. 5151. MOTION CARRIED UNANIMOUSLY. 7 -0 C. Resolution No. 5152 (Snyder) A Resolution of the City Council of the City of Auburn, Washington, setting a public hearing to consider the vacation of right -of -way of the south side of South 318th Street, east of 56th Avenue South, within the City of Auburn, Washington Councilmember Wales moved and Deputy Mayor Holman seconded to adopt Resolution No. 5152. MOTION CARRIED UNANIMOUSLY. 7 -0 D. Resolution No. 5153 (Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute the interlocal agreement between the City of Auburn and the Muckleshoot Indian Tribe for the Allotment M -two Subdivision and casino premises utility isolation Deputy Mayor Holman moved and Councilmember Wales seconded to adopt Resolution No. 5153. MOTION CARRIED UNANIMOUSLY. 7 -0 E. Resolution No. 5155 (Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the City to expend funds to abate vegetation and to remove unpermitted barbed wire at 1141 32nd Place NE in the City of Auburn Councilmember Peloza moved and Councilmember Trout seconded to adopt Resolution No. 5155. Councilmember Peloza explained this is a blighted property. Code enforcement has been trying to work with the property owner for several months. MOTION CARRIED UNANIMOUSLY. 7 -0 XII. MAYOR AND COUNCILMEMBER REPORTS At this time the Mayor and City Council may report on their significant City- related activities since the last regular Council meeting. A. From the Council Page 6 of 7 CA.B Page 17 of 195 Councilmember DaCorsi reported he attended the Association of Washington Cities conference. He attended sessions regarding at grade rail crossings and the need to improve the rail system. Councilmember Wales reported she attended the Association of Washington Cities conference. She attended a session on GIS technology. Councilmember Wagner reported he attended the Kids Day celebration at Les Gove Park. Councilmember Peloza reported he attended the South County Area Transportation Board Meeting. Councilmember Trout reported she has been asked to serve on a planning committee for the Mexican Independence Day celebration scheduled for September 1, 2015. B. From the Mayor Mayor Backus reported that the City of Auburn has received the new population numbers. Currently the population is 75,545. The City will get a portion of the marijuana revenue sharing based on the City's new population. Mayor Backus extended her condolences to the Enrique's family. Mrs. Enrique's son was killed in Seattle after a concert at Century Link Field. There was a double murder at Les Gove Community Campus. If anyone has any information regarding the murders please call the police. Mayor Backus stated the first responders have been responding to many serious incidents in the City. If you see something suspicious, please call 911. The Police Department takes all calls seriously, and respond to all calls received in order of importance. Mayor Backus reported that two officers were taken to Auburn MultiCare because of an explosive thrown at them on the 4th of July. If you know anything about that incident, please call the police. XIII. ADJOURNMENT There being no further business before the Council, the meeting adjourned at 8:17 p.m. APPROVED this 20th day of July, 2015. NANCY BACKUS, MAYOR Shawn Campbell, Deputy City Clerk Page 7 of 7 CA.B Page 18 of 195 1, ry, () i, " . ... . ...... r ,,y Agenda Subject: Claims Vouchers AGENDA BILL APPROVAL FORM Date: July 15, 2015 Department: Attachments: Budget Impact: Finance No Attachments Available $0 Administrative Recommendation: City Council approve the claims vouchers. Background Summary: Claims voucher numbers 434513 through 434745 in the amount of $6,157,281.28 and three wire transfers in the amount of $6,288.08 and dated July 20, 2015. Reviewed by Council Committees: Councilmember: Staff: Coleman Meeting Date: July 20, 2015 Item Number: CA.0 CA.0 AUBURN * MORE THAN YOU IMAGINED Page 19 of 195 1, ry, () i, " . ... . ...... r ,,y Agenda Subject: Payroll Vouchers AGENDA BILL APPROVAL FORM Date: July 15, 2015 Department: Attachments: Budget Impact: Finance No Attachments Available $0 Administrative Recommendation: City Council approve the payroll vouchers. Background Summary: City Council approve payroll vouchers 535700 through 535734 in the amount of $979,636.01 and electronic deposit transmissions in the amount of $1,373,312.90 for a grand total of $2,352,948.91 for the period covering July 2, 2015 to July 15, 2015. Reviewed by Council Committees: Councilmember: Staff: Coleman Meeting Date: July 20, 2015 Item Number: CA.D CAL AUBURN * MORE THAN YOU IMAGINED Page 20 of 195 p.,, 1, " . ... . ...... r ,,y AGENDA BILL APPROVAL FORM Agenda Subject: Date: Public Works Project Nos. CP1118 and CP1119, Auburn Way July 13, 2015 South Improvements, Dogwood to Hemlock, Change Order No. 1 Department: Attachments: Budget Impact: CD & PW Budgqt Status Sheet (c 1118) $0 Budgqt Status Sheet (c 1119) ys etya�p Administrative Recommendation: City Council approve Change Order No. 1 in the amount of $450,000.00 to Contract No. 14 -19 for work on Project Nos. CP1118 and CP1119 (Auburn Way South Improvements, Dogwood to Hemlock). Background Summary: This construction contract includes two City projects: CP1118 — Auburn Way South Pedestrian Improvements (Dogwood to Fir) and CP1119 — Auburn Way South Corridor Improvements (Fir to Hemlock). The following improvements will be constructed: new sidewalks, lighting, bus pull -outs, undergrounding of overhead utilities and removal of utility poles, pedestrian crossing at Fir Street, U -turns at Fir and Hemlock Streets, medians, new traffic signal at Hemlock Street, storm drainage, water, and sewer utility improvements, intelligent transportation system improvements, and widening of Auburn Way South between Fir and Hemlock Streets to be five lanes (2 lanes in each direction with a center turn lane). This change order allows for the replacement of approximately 1,600 feet of 10 -inch water main within the project paving limits with a new 12 -inch water main. The original evaluation of the 10 -inch water main determined that it had adequate service life and did not need to be replaced as part of these projects. However, during construction, this water main has ruptured and upon further investigation it has been determined that the existing water main was fabricated with cast iron material that has become brittle and is susceptible to cracking. Furthermore, replacing the 10 -inch water main with a larger 12 -inch water main will provide additional capacity for fire flows. A project increase within the 430 Water Fund of $158,983.00 for Project CP1118 and $235,582.00 for Project CP1119 will be necessary for a total of $394,565.00, however CA.E AUBURN * MORE THAN YOU IMAGINED Page 21 of 195 it will not require a budget adjustment due to contingency funds available from other water projects. The needed funds will be transferred into CP1118 and CP1119 from the following sources: Project CP0909 (Academy Booster Pump Station) was completed under budget and has $298,065.00 of project contingency remaining of which $250,000.00 will be transferred, Project CP1202 (Auburn Way South Flooding Improvements Phase 2) recently received a favorable bid and has $113,206.00 of water fund project contingency of which $72,283.00 will be transferred, and Project CP1414 (2015 Local Street Reconstruction) recently received a favorable bid and has $184,306.00 of water fund project contingency of which $72,282.00 will be transferred. Reviewed by Council Committees: Councilmember: Staff: Snyder Meeting Date: July 20, 2015 Item Number: CA.E CA.E AUBURN * MORE THAN YOU IMAGINED Page 22 of 195 BUDGET STATUS SHEET Project No: CP1118 Project Title: Auburn Way South Pedestrian Improvements - Dogwood St SE to Fir St SE Project Manager: Jacob Sweeting Initiation Date: August 15, 2011 Advertisement Date: February 10, 2015 Award Date: March 16, 2015 Date: 7/10/15 0 Advertisement Prior Years (Actual) 2014 Carryforward 0 Contract Award 102 Fund - Unrestricted Change Order Approval 0 Contract Final Acceptance Funds Budgeted (Funds Available) Funding Prior Years (Actual) 2014 (Actual) 2015 Total 102 Fund - Unrestricted 7,031 (Actual) 63,428 70,459 102 Fund - Traffic Impact Fees 0 116,573 115,000 115,000 102 Fund - Federal Grant 100,000 0 1,060,774 100,000 102 Fund - State Grant 111,094 55,273 604,237 770,604 102 Fund - Muckleshoot Indian Tribe Funds 0 41,900 288,100 330,000 102 Fund - Century Link Agreement 0 9,700 120,141 129,841 102 Fund - Comcast Agreement 0 9,700 64,309 74,009 102 Fund - WSDOT Agreement 0 0 107,750 107,750 430 Fund - Water 4,973 01 130,000 134,973 Total 1 223,0981 116,5731 1,401,0791 1,965,750 223,098 116,573 1,492,965 1,832,636 Estimated Cost (Funds Needed) 102 Arterial Street Budget Status Prior Years 2014 1 2015 1 Total Activity (Actual) (Actual) 2015 Total Design 223,098 116,573 39,883 379,554 Construction - Contract 0 0 1,060,774 1,060,774 Construction - Change Order 1 (Water) 1 0 225,000 225,000 Construction - Authorized Contingency 0 0 106,077 106,077 Construction - Engineering 0 0 102,344 102,344 Construction - PSE Direct Construction Costs 0 90,000 90,000 Construction - Education and Enforcement 1 0 2,000 21 000 Construction - Total I 0 01 1,361,196 1,586,196 Total 1 223,0981 116,5731 1,401,0791 1,965,750 102 Arterial Street Budget Status 430 Water Budget Status (Actual) I (Actual) 1 2015 1 Total '102 Funds Budgeted O (218,125) (116,573) (1,362,965) (1,697,663) 102 Funds Needed 218,125 1 116,573 1 1,337,096 1 1,671,794 "102 Fund Project Contingency( 0 , , 102 Funds Required 1 0 1 0 1 0 430 Water Budget Status 1 of 1 QAA0J \CP1118 and CP1119 Shared \Budget and Estimates \CP1118 Budget Status Sheet.xls7 /10/2 ?1�%9�-A�W 195 Prior Years (Actual) 2014 (Actual) 2015 Total '430 Funds Budgeted O (4,973) 0 (130,000) (134,973) 430 Funds Needed 4,973 0 288,983 293,956 "430 Fund Project Contingency () 0 0 0 430 Funds Required 0 158,983 158,983 1 of 1 QAA0J \CP1118 and CP1119 Shared \Budget and Estimates \CP1118 Budget Status Sheet.xls7 /10/2 ?1�%9�-A�W 195 BUDGET STATUS SHEET Project No: CP1119 Project Title: Auburn Way South Corridor Improvements Fir St SE to Hemlock St SE Project Manager: Jacob Sweeting Initiation Date: August 1, 2011 Advertisement Date: February 10, 2015 Award Date: March 16, 2015 Date: 7/10/15 Advertisement 2014 Carry Forward 0 Contract Award Change Order Approval Contract Final Acceptance Funds Budgeted (Funds Available) Funding Prior Years (Actual) 2014 (Actual) 2015 Total 102 Fund - Unrestricted 5,051 143,039 2015 148,090 102 Fund - Traffic Impact Fees 0 250,000 450,000 700,000 102 Fund - TIB Grant 364,449 143,727 1,917,226 2,425,402 102 Fund - Muckleshoot Indian Tribe Funds 91,112 82,260 663,228 836,600 102 Fund - Century Link Agreement 10,856 150,102 160,958 102 Fund - Comcast Agreement 0 10,856 65,260 76,116 102 Fund - WSDOT Agreement 0 0 116,038 116,038 430 Fund - Water 3,907 96 30,997 35,000 431 Fund - Sewer 7,428 0 28,559 35,987 Total 471,947 640,833 3,498,256 4,611,036 471,947 640,833 3,421,411 4,534,191 Estimated Cost (Funds Needed) 102 Arterial Street Budget Status Prior Years 12014 (Actual)l 2015 1 Total Activity (Actual) 2014 (Actual) 2015 Total Design 434,440 239,743 106,365 780,548 Property Acquisition 37,507 401,090 0 438,597 Construction - Contract 0 0 2,724,463 2,724,463 Construction - Change Order 1 (Water) 225,000 225,000 Construction - Authorized Contingency 0 0 272,446 272,446 Construction - Subtotal (Engineering) 0 0 105,867 105,867 Construction - PSE Direct Construction Costs 0 64,114 64,114 Construction 0 0 3,391,891 3,391,891 Total 471,947 640,833 3,498,256 4,611,036 102 Arterial Street Budget Status 430 Water Budget Status (Actual) 12014 (Actual)l 2015 1 Total *102 Funds Budgeted O (460,612) (640,737) (3,361,855) (4,463,204) 102 Funds Needed 460,612 640,737 3,210,937 4,312,285 *102 Fund Project Contingency () , , 102 Funds Required 0 1 0 1 0 1 0 430 Water Budget Status 431 Sewer Budget Status (Actual) 12014 (Actual)l 2015 1 Total *430 Funds Budgeted O (3,907) (96) (30,997) (35,000) 430 Funds Needed 3,907 1 96 1 266,579 1 270,582 *430 Fund Project Contingency ( ) 430 Funds Required 0 1 0 1 235,582 1 235,582 431 Sewer Budget Status * ( # ) in the Budget Status Sections indicates Money the City has available. 1 of 1 CI- FF20J \CP1118 and CP1119 Shared \Budget and Estimates \CP1119 Budget Status Sheet.xls7 /10/212jg�-: 195 (Actual) 12014 (Actual)l 2015 1 Total *431 Funds Budgeted O (7,428) 0 1 (28,559) (35,987) 431 Funds Needed 7,428 0 28,559 35,987 *431 Fund Project Contingency ( ) 431 Funds Required 0 1 0 1 0 1 0 * ( # ) in the Budget Status Sections indicates Money the City has available. 1 of 1 CI- FF20J \CP1118 and CP1119 Shared \Budget and Estimates \CP1119 Budget Status Sheet.xls7 /10/212jg�-: 195 �Mutkleshoot j r' —' —'— - - - - - -- Wsm I 1 8 I % I I I — — — — — L- Auburn Way South Pedestrian and Corridor Improvements Dogwood Street SE to Hemlock Street SE ._— _— _— _ —_ —_- r---- -_— _T_— _— _— _ —r____ _. I I I I I I I j darn I I I I ement I I I a I I I I J --------- L - -- —� r I I �---- -- --- - - - - -- I j f I LEGEND 07,4 Bus Stop to be Removed /Relcc ted ® New /Relocated Bus Stop �8 Q New9amc Signal 7LtRg Access Management Nrb ae p As<ess Management lsWM gU -turn Access to be Provided H r= Page 25 of 195 i —_ 11111111 _________________ — _ _ _ _ _ _ _ - - IUdlity j _ IUndergeounding limits Sherwood I Sherwood I �i rt �. ,r j unlM I IUnd,gp ndh+ Garden I j Garden I sUmBS j Apartments ,y Apatlinenp I c _nm'arerr I ( I 4 DevelMopment LEGEND 07,4 Bus Stop to be Removed /Relcc ted ® New /Relocated Bus Stop �8 Q New9amc Signal 7LtRg Access Management Nrb ae p As<ess Management lsWM gU -turn Access to be Provided H r= Page 25 of 195 p., , 01, " . ... . ...... r ,,y AGENDA BILL APPROVAL FORM Administrative Recommendation: City Council award Contract No. 15 -12, to Pease Construction, Inc. on their low bid of $4,602,880.00 plus Washington State sales tax of $437,273.60 for a total contract price of $5,040,153.60 for Project No. CP1412, Auburn Teen Center and Community Center. Background Summary: The City received eight (8) responsive bids and the low bid was approximately 19% below the engineer's estimate. Staff has performed reference checks and other verifications to determine that Pease Construction, Inc. meets the responsible bidding criteria and recommends award. This project will design and construct a community and youth center at the north end of the Les Gove Community Campus. The community and youth center will provide approximately 21,000 square feet of building space to be used for educational, cultural, and social activities. Emphasis will be made on creating spaces that will attract teens and encourage cross - generational interactions with the existing neighboring Senior Center. The community and youth center will be created by renovating the City's existing Parks, Recreation and Arts Administration Building (approximately 7,100 square feet) and adding approximately 13,700 square feet of new building space. Staff recommends a 15% authorized contingency be established for this contract to account for potential change orders, claims, and additions. The authorized contingency will allow the project construction to proceed without delay in case there are unforeseen conditions that require contract adjustments within the authorized contingency amount. CA.F AUBURN * MORE THAN YOU IMAGINED Page 26 of 195 Project construction is expected to begin in August 2015 and be completed by June 2016. A project budget contingency of $1,078,058.00 remains in the 321 General Parks Construction Fund. An evaluation is underway to determine options for expenditure of these additional funds. Mayor and Staff will present recommendations to Council at a future meeting. Reviewed by Council Committees: Councilmember: Staff: Snyder Meeting Date: July 20, 2015 Item Number: CA.F CA.F AUBURN * MORE THAN YOU IMAGINED Page 27 of 195 BUDGET STATUS SHEET Project No: CP1412 Project Title: Auburn Youth and Community Center Project Manager: Irma Dore /Jacob Sweeting Project Initiation Initiation Date: 10/6/14 Schematic Design Date: 7/13/15 Advertisement Date: 6/9/15 Contract Award Award Date: Change Order Approval Contract Final Acceptance The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Funding Prior Years 2014 (Actual) 2015 2016 Total State Appropriation 0 96,300 1,000,000 1,950,000 2,950,000 321 Fund (Parks) 0 6,065 2,200,000 2,340,781 4,540,781 BEET 1 0 133,946 566,054 759,219 1,459,219 Total 0 133,946 3,766,054 5,050,000 8,950,000 Estimated Cost (Funds Needed) Activity Prior Years 2014 (Actual) 2015 2016 Total Design -ARC Consultants 0 96,300 491,839 491,839 1,079,977 Design Management - AXIS Consultant 0 6,065 52,435 0 58,500 Design Administration - City 0 1,514 20,000 0 21,514 Pre - Design Studies (Geotech, Survey, Enviro) 0 29,167 24,298 0 53,465 Permits and Fees 900 20,000 126,000 146,900 FFE (Fixtures, Furnitire, Equipment) 0 175,000 420,000 595,000 Construction Contract 0 1,972,577 3,067,577 5,040,154 Authorized Contingency (15 %) 0 270,216 420,216 690,432 Construction Management - Axis Consultant 0 45,000 90,000 135,000 Construction Admin - City 0 0 0 0 Construction and Bidding Expenses 0 35,000 16,000 51,000 Total 0 133,946 3,106,365 4,631,631 7,871,942 321 Municipal Parks Construction Fund Budget Status . ( # ) in the Budget Status Sections indicates Money the City has available. CA.F Page 28 of 195 Prior Years 2014 (Actual) 2015 2016 Total '321 Funds Budgeted O 0 (133,946) (3,766,054) (5,050,000) (8,950,000) 321 Funds Needed 0 133,946 3,106,365 4,631,631 7,871,942 '321 Fund Project Contingency () 0 0 1 (659,689) (418,369) (1,078,058) 321 Funds Required 0 0 1 0 1 0 1 0 . ( # ) in the Budget Status Sections indicates Money the City has available. CA.F Page 28 of 195 CITY OF AUBURN BID TABULATIONS CP1412 - Auburn Youth and Community Center Bid Date / Time: 7/7/2015 - 2 :OOPM Contract # 15 -12 Deductive Alternates Selected: None Average Total Bid: $5,383,522.47 Low Bid Compared to Engineer's Estimate: ($1,200,324.77) - 19.23% Low Bid Compared to Average Bid: ($343,368.87) -6.38% renc Lump Sum Safety Total Lump beductwe •.', Deductive ` Deductive .' Washington State Base Bid Allowance Sum Base Bid Alternate 1 .Alternate 2 " Alternate 3 Sales Tax (9.5 %) Total Bid Amount Bid Order Contractor (A) (B) (A +B) (Not Selected), - (Not Selected): (Not Selected) - (C) (A +B +C) N/A Engineer's Estimate $ 5,659,067.00 $ 40,000.00 $ 5,699,067.00 $ ;27,610.00 .$ : 16,685.00 $ 51,206.00 $ 541,411.37 $ 6,240,478.37 1 Pease Construction, Inc. (Low) PO Box 98496 Lakewood, WA 98496 Phone: 253 - 584 -6606 $ 4,601,980.00 $ 900.00 $ 4,602,880.00 $ `93,610.00 $.' 27,980.00 $ ' ';4'6;840.00 $ 437,273.60 $ 5,040,153.60 2 Pavilion Construction NW LLC (Second Low) 4700 SW Macadam Ave, Ste 200 Portland, OR 97239 Phone: 206 - 922 -7444 $ 4,730,000.00 $ 900.00 $ 4,730,900.00 $ 50,000:00 $ 19,000.00 $ , 42,000.00 $ 449,435.50 $ 5,180,335.50 3 Lincoln Construction, Inc. 21323 Mountain Hwy East Spanaway WA 98387 Phone: 253 - 847 -6414 $ 4,761,735.00 $ 2,500.00 $ 4,764,235.00 $ 56,476.00 $ .•34,103.00 $ 45;106.00 $ 452,602.33 $ 5,216,837.33 4 Belsley Inc. PO Box 2355 Belfair, WA 98528 Phone: 360- 275 -5783 $ 4,900,029.00 $ 1,000.00 $ 4,901,029.00 $ - • 69,000.00 ,$ 20,000.00 $ 46,000.00 $ 465,597.76 $ 5,366,626.76 5 Faber Construction 131 East Grover Lynden, WA 98264 Phone: 360- 354 -3500 $ 4,983,000.00 $ 5,000.00 $ 4,988,000.00 $ ` 50,000.00 $ ,: - 59,000.00 $- - 50,000.00 $ 473,860.00 $ 5,461,860.00 6 Skyward Construction, Inc. 15908 NE 10th Avenue Ridgefield, WA 98642 Phone: 360- 546 -1625 $ 5,000,149.00 $ 1,000.00 $ 5,001,149.00 $ 721000,00 $ `-6,000.00 $ 44,000.00 $ 475,109.16 $ 5,476,258.16 7 MJ Takisaki Inc. 1312 South Weller Street Seattle, WA 98144 Phone: 206 - 324 -4448 $ 5,124,078.00 $ 500.00 $ 5,124,578.00 $ 63J30.00' $. 10,677100 $ 40,567.00 $ 486,834.91 $ 5,611,412.91 8 Stetz Construction 9821 32nd Ave South Lakewood, WA 98499 Phone: 253 - 583 -0440 5,218,000.00 $ 900.00 1 $ 5,218,900.00 550.00 .$. 8 610.00 $ 74 718.00 $ 495 795.50 $ 5,714,695.50 CA. F Page 29 of 195 Auburn Community and Youth Center pnnted Date:] /1)/3015 N Nap Created by City of Auburn eG15 Information shown is for general reference purposes onlY and does rot necessarily W E represent enact geographic ar cartographic data as mapped. The City of "Wdn makes ro warranty as to its accuracy. 5 p., , 01, " . ... . ...... ' N r AGENDA BILL APPROVAL FORM Administrative Recommendation: City Council adopt Ordinance No. 6562. Background Summary: The City of Auburn has determined that right -of -way in the vicinity of the northeast corner of South Division Street and 2nd Street SE is no longer required to meet the needs of the City. The proposed right -of -way was dedicated on March 16, 2007 to satisfy safe bus turning radii in connection with the Urban Center Transportation System Improvements Project (Project #C501 A). Subsequent to the dedication of the right -of -way additional improvements were completed at this location with the South Division Street Promenade Project (Project #CP1005) which adjusted the area needed for transit turning radius and removed the need for the area that is proposed to be vacated. City staff, utility purveyors and transit authorities who have an interest in this right -of -way have reviewed the proposed right -of -way vacation. Through this review City staff has determined that the right of way is no longer necessary to meet the needs of the City and could be vacated. Ordinance No. 6562, if adopted by City Council, approves Vacation No. V1 -15 and vacates the right -of -way subject to conditions outlined in the Ordinance. Reviewed by Council Committees: Councilmember: Staff: Snyder Meeting Date: July 20, 2015 Item Number: ORD.A ORD.A AUBURN * MORE THAN YOU IMAGINED Page 31 of 195 ORD.A AUBURN * MORE THAN YOU IMAGINED Page 32 of 195 ORDINANCE NO. 6562 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF RIGHT -OF -WAY IN THE VICINITY OF THE NORTHEAST CORNER OF SOUTH DIVISION STREET AND 2NQ STREET SE WHEREAS, the City of Auburn, Washington, has determined through an evaluation of its needs for streets and right -of -ways located in the vicinity of the northeast corner of South Divisioh Street and 2`1 Street SE, that a portion of City right -of- way acquired by the City through Right -of -Way Dedication on March 16, 2007 may no longer be needed to meet the needs of the City and that a public hearing should be set to determine if said right -of -way should be vacated; and WHEREAS, the right -of -way was dedicated by the City for street purposes to satisfy safe bus turning radii in connection with the Urban Center Transportation Systems Improvements Project (Project #C501A); and WHEREAS, subsequent to the dedication of the right -of -way, additional improvements were completed at this location with the South Division Street Promenade Project (Project #CP1005) which adjusted the area needed for transit turning radius and removed the need for said right -of way; and WHEREAS, a request for vacation of said right -of -way was circulated to Puget Sound Energy, CenturyLink, Comcast, King County Metro and City Departments and comments were received; and Ordinance No. 6562 May 19, 2015 1 of 1 ORD.A Page 33 of 195 WHEREAS, Resolution No. 5147 calling for a public hearing was approved June 1, 2015; and WHEREAS, posting requirements of Auburn City Code 12.48.070 have been met; and and WHEREAS, a public hearing was held before the City Council on July 6, 2015; WHEREAS, through this process, the City has determined that it no longer needs right -of -way in the vicinity of the northeast corner of South Division Street and 2nd Street SE, in the City of Auburn, Washington; and WHEREAS, it is in the best interests of the City to vacate said portion of said right -of -way. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. That right -of -way in the vicinity of the northeast corner of South Division Street and 2nd Street SE, located within the City of Auburn, Washington, legally described as follows: That portion of Lot 5, Block 6, Town of Slaughter, according to the plat thereof recorded in volume 2 of plats, page 56, records of King Courity, Washingtion lying in the Northeast Quarter of the Southeast Quarter of Section 13, Township 21 North, Range 4 East, W.M., in King County, Washington, and conveyed to the City of Auburn for right -of -way under recording number 20070619000373, records of King County, Washington described as follows: COMMENCING at the northwest corner of Lot 5 of said Ordinance No. 6562 May 19, 2015 2 of 2 ORD.A Page 34 of 195 Block 6; THENCE South 00 °56'21" East, along the west line of said Block 6 a distance of 102.26 feet to the most northerly corner of lands dedicated to City of Auburn for right -of -way as recorded under rec. no. 20070619000373 and being the POINT OF BEGINNING; THENCE along the northeasterly fine of said dedication South 43 °42'09" East, 26.61 feet to a point on the south line of said Block 6; THENCE North 89 °08'12" West, along said south line a distance of 5.18 feet; THENCE North 43 042'09" West, 19.24 feet to the west line of said Block 6; THENCE North 00 °56'21" East, along said west line a distance of 5.25 feet to the POINT OF BEGINNING. [Also identified as Exhibit A hereto.] and as shown on the document attached hereto, marked as Exhibit "B" and incorporated herein by this reference, the same is hereby vacated and the property lying in said portion of the alleyway described hereinabove, shall be returned and belong to those persons entitled to receive the property in accordance with the law. Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provisions to other persons or circumstances shall not be affected. Section 3. Implementation_ The mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this location. Ordinance No. 6562 May 19, 2015 3 of 3 ORD.A Page 35 of 195 Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after passage, approval, and publication as provided by law. Section 5. Recordation. The City Clerk is directed to record this Ordinance with the office of the King County Auditor. FIRST READING: SECOND READING: PASSED: APPROVED: NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED "TO FOR o iiel B. Hsi ity Attorney PUBLISHED: Ordinance No. 6562 May 19, 2015 4 of 4 ORD.A Page 36 of 195 EXHIBIT A LEGAL DESCRIPTION (RIGHT -OF -WAY VACATION) That portion of Lot 5, Block 6, Town of Slaughter, according to the plat thereof recorded in volume 2 of plats, page 56, records of King County, Washington lying in the Northeast Quarter of the Southeast Quarter of Section 13, Township 21 North, Range 4 East, W.M., in King County, Washington, and conveyed to the City of Auburn for right -of -way under recording number 20070619000373, records of King County, Washington described as follows: COMMENCING at the northwest corner of Lot 5 of said Block 6; THENCE South 00 °56'21" East, along the west line of said Block 6 a distance of 101.26 feet to the most northerly corner of lands dedicated to City of Auburn for right -of -way as recorded under rec. no. 20070619000373 and being the POINT OF BEGINNING; THENCE along the northeasterly line of said dedication South 43 °42'09" East, 26.61 feet to a point on the south line of said Block 6; THENCE North 89 °08'12" West, along said south line a distance of 5.18 feet; THENCE North 43 °42'09" West, 19.24 feet to the west line of said Block 6; THENCE North 00 °56'21" East, along said west line a distance of 5.25 feet to the POINT OF BEGINNING. Area of vacation = 84.6 SQ. FT. Project: Teutsch Partners, LLC April 7, 2015 16840exh03.dwg 16840L.004.doc OBH ORD.A Page 37 of 195 r I 30' 4 3 2 1 w w F I w � z O O H N S O N y r"rp EXHIBIT B MAP EXHIBIT FOR RIGHT -OF -WAY VACATION S89 °08'20 "E 299.96' 1ST STREET SE CD n ALLC1 ZAI CU rt:m N 20140811000527 bl N N � 7 0 5 6 �Q O — cc 30' U' S43'42'09 "E 26.61' P.O. B. / I `pA\t NO'56'21 "E NORTHEASTERLY LINE OF LAND DEDICATED 5.25' f FOR RIGHT -OF -WAY, REC. NO. 20070619000373 1 °7 2ND STREET SE N43'42'09"yy N890812 W N89'08'12 "W 300.02' 19.24' 5.18' T -60' 0 M 30' W n z I o L � O f Q O � N U) o w � co O F (n If] w o Lu 8 y 0 a � E 30' 0 a m U 0 i 0 L X N d 00 / T N J !n / O V 0 0 0 PTN. NE1 /4, SE1 /4 SEC. 13, T21N, R4E, W.M. L-- SCALE. For: JOB NUMBER HORIZONTAL 1 " =60' VERTICAL N/A 16840 HAV 18215 72ND AVENUE SOUTH TEUTSCH PARTNERS, LLC &G 0 KENT, WA 98032 16840L.004.DOC mP �Z (425)251 -6222 (425)251 -8782 FAX Title: SHEET S2 CIVIL ENGINEERING, LAND RIGHT -OF -WAY ����NGETIGIN��� ENVIRONMENTAL SERVICES VACATION 1 'f 1 ORD.A Page 38 of 195 RIGHT -OF -WAY VACATION STAFF REPORT Right -of -Way (ROW) Vacation Number V1 -15 Applicant: City Initiated Property Location: Right -of -Way located at the northeast corner of South Division Street and 2nd Street SE. Description of right -of -way: This ROW proposed for vacation consists of a portion of the northeast corner of South Division Street and 2nd Street SE. The ROW is adjacent to Parcel 7815700300. The proposed area of ROW for vacation is 84.6( + / -) square feet. The ROW was dedicated by the City for street purposes to satisfy safe bus turning radii in connection with the Urban Center Transportation System Improvements Project (Project #C501A) on March 16, 2007 under Recording Number 20070619000373. Subsequent to the dedication of the ROW, additional improvements were completed at this location with the South Division Street Promenade Project (Project #CP1005) which adjusted the area needed for transit turning radius and removed the need for the ROW that is proposed to be vacated. See Exhibits "A" and "B" for legal description and survey. Proposal: The City proposes to vacate the above described right -of -way to facilitate development of the adjoining parcels. Applicable Policies & Regulations: • RCW's applicable to this situation - meets requirements of RCW 35.79. • MUTCD standards - not affected by this proposal. • City Code or Ordinances - meets requirements of ACC 12.48. • Comprehensive Plan Policy - not affected. • City Zoning Code - not affected. Public Benefit: • The vacated area may be subject to property taxes. • The street vacation decreases the Right -of -Way maintenance obligation of the City. • The vacation allows the proposed development on the adjacent parcels better placement of the building footprint increasing the setback along A Street SE. This provides for improved sight distance at the intersection of A Street SE and 2nd Street SE and for a wider sidewalk and landscape zone along A Street SE. Discussion: The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, and City staff. 1. PSE — No comments received. 2. Comcast — Comcast currently has no facilities in the proposed vacation area and has no objection to the proposed vacation. 3. CenturyLink — Please be advised that Qwest Corporation (d /b /a CenturyLink) currently has no facilities in the area addressed by this action, therefore we have no objection to the street vacation at this time. 4. Water — No comments. 5. Sewer — No comments. 6. Storm —No comments. 1 of 2 6/10/2015 �V1 -15 Staff Report Page 39 of 195 7. Transportation — No comments. 8. Planning — No comments. 9. Fire — No comments. 10. Police — No comments. 11. Streets — No comments. 12. Construction —No comments. 13. Innovation and Technology — No comments. Assessed Value: ACC 12.48 states "The city council may require as a condition of the ordinance that the city be compensated for the vacated right -of -way in an amount which does not exceed one -half the value of the right -of -way so vacated, except in the event the subject property or portions thereof were acquired at public expense or have been part of a dedicated public right -of -way for 25 years or more, compensation may be required in an amount equal to the full value of the right -of -way being vacated. The city engineer shall estimate the value of the right -of -way to be vacated based on the assessed values of comparable properties in the vicinity. If the value of the right -of -way is determined by the city engineer to be greater than $2,000, the applicant will be required to provide the city with an appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The city reserves the right to have a second appraisal performed at the city's expense." Note: The city engineer has not required an appraisal for the value of this right -of -way since the right -of -way was acquired through dedication on March 16, 2007 from the City at no cost to the City. Recommendation: Staff recommends that the street vacation be granted with no conditions. 2 of 2 6/10/2015 V3 -14 Staff Report ORD.A Page 40 of 195 �Es CM S ? U) 0 0 N 0 D U) m Approximate location of ROW Vacation. f See Survey and Legal for exact location. • 2nd Street SE Ir1.y f J \. .'M rmaamb�n�a�u..au w w��Ynmm n�v pinueesw.e W o-a m ma�mXY ,MCY�#yIM Yam i p Approximate location of ROW Vacation. f See Survey and Legal for exact location. • 2nd Street SE Ir1.y f J \. .'M rmaamb�n�a�u..au w w��Ynmm n�v pinueesw.e W o-a m ma�mXY ,MCY�#yIM Yam i p., , 01, " . ... . ...... r ,,y AGENDA BILL APPROVAL FORM Administrative Recommendation: City Council adopt Ordinance No. 6566 approving the Final Plat of Westridge Auburn. Background Summary: Justin Lagers, representing Westridge Auburn, LLC, has made application for the Final Plat of "Westridge Auburn" (originally known as "Westridge "); located on the south side of S. 300th St., at its intersection of 61st Ave. S., in the "West Hill" area of the City. This Final Plat subdivides a 19.03 -acre site (King County Tax Parcel No. 022104 -9027) into 56 single - family residential lots, one tract for stormwater, one tract for open space, one tract for sensitive areas (partial wetland and associated buffer), and dedication of public right -of -way; see Exhibit 2. The preliminary plat was approved by the City of Auburn Hearing Examiner on November 27, 2013 (PLT13 -0001) with 15 conditions; see Exhibit 4. In lieu of dedicating park land to the City per ACC 17.14.100, the Applicant elected to pay a fee in the amount of $158,311 to the park fund; reference the Hearing Examiner's Decision, Condition No. 11. In addition, park impact fees are paid at the time of building permit; these are currently $3,500 per house. The plat has been developed in accordance with the R -5 Residential zoning district as defined by Chapter 18.07 ACC (Residential Zones), Title 17 ACC (Land Adjustments and Division), Chapters 58.17 and 35A.58 RCW, and the 15 conditions of the preliminary plat. A Certificate of Improvements has been issued by the City Engineer, accepting completion of all required plat improvements; except the following items which the Developer has bonded for (see Exhibit 3): 1. Final lift of asphalt; and, ORD.B AUBURN * MORE THAN YOU IMAGINED Page 42 of 195 2. Sod installation and Roundup application. The various divisions of the Community Development and Public Works Department have reviewed the Final Plat Map of Westridge Auburn and find that all requirements have been met. Reviewed by Council Committees: Other: Bld., Pln., Fire, Legal, Surveying, & PW Councilmember: Staff: Snyder Meeting Date: July 20, 2015 Item Number: ORD.B ORD.B AUBURN * MORE THAN YOU IMAGINED Page 43 of 195 ORDINANCE NO. 6 5 6 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF WESTRIDGE AUBURN WHEREAS, the City of Auburn received a final plat application for the Plat of Westridge Auburn, Application No. PLT14 -0010, the final approval of which is appropriate for City Council Action; and WHEREAS, based on the review given this Plat by the City, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. Westridge Auburn, LLC has made app_ lication for the Final Plat of "Westridge Auburn ". 2. The Preliminary Plat of "Westridge Auburn" (PLT13 -0001) [originally known as "Westridge"] Was approved by the City's Hearing Examiner on November 27, 2013, as a single phase. 3. The Plat of "Westridge Auburn" has been developed in accordance with all applicable conditions of the Preliminary Plat. 4. A Certificate of Improvements has been issued by the City Engineer. The applicant has provided a security in lieu of completion for the outstanding improvements which includes the final lift of asphalt, and sod installation and Roundup application. CONCLUSIONS OF LAW 1. The Final Plat is in compliance and in conformity with applicable Zoning and Land Division Ordinances and other applicable land use controls. 2. The Final Plat of "Westridge Auburn" is consistent with the Comprehensive Plan. 3. The Plat meets the requirements of Chapter 58.17 RCW. Ordinance No. 6566 June 29, 2015 Page 1 of 1 ORD.B Page 44 of 195 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Approval. Westridge Auburn, a subdivision involving property located within the City of Auburn, Washington, which plat is legally described on Sheet 1 of 10 of the Final Plat and set forth below: THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M. IN KING COUNTY, WASHINGTON. EXCEPT THAT PORTION CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 8711020577. [King County Tax Parcel No. 022104 -90271 is hereby approved, and deemed to conform to the requirements for Plat approval pursuant to State and local law and Chapter 58.17 of the Revised Code of Washington and Section 58.17.140 thereof. Section 2. Constitutionality or Invalidity. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Section 3. Recordation. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall --------------- - Ordinance No. 6566 June 29, 2015 Page 2 of 2 ORD.B Page 45 of 195 cause this Ordinance to be recorded in the office of the King County Auditor's Division. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section-5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. FIRST READING: SECOND READING: PASSED: APPROVED: CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk WA /' I X111 # o P im Published. Ordinance No. 6566 ,dune 29, 2015 Page 3 of 3 ORD.B Page 46 of 195 SHEET 1 OF 10 WESTRIDGE AUBURN A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF AUBURN, KING COUNTY, WASHINGTON LEGAL DESCRIPTION THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST. QUARTER OF SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. EXCEPT THAT PORTION CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 8711020577. DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED, HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDMSION MADE HEREBY, AND DO HEREBY DEDICATE TO THE USE OF THE PUBLIC FOREVER, ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES, AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES, AND FURTHER DEDICATE TO THE USE OF THE PUBUC ALL EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO PARKS, OPEN SPACES, UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC, IN WHICH CASE WE DO HEREBY DEDICATE SUCH STREETS, EASEMENTS, OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, WAIVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTTY DERIVING TITLE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF AUBURN, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE ESTABLISHMENT, CONSTRUCTION, OR MAINTENANCE OF ROADS AND /OR DRAINAGE SYSTEMS WITHIN THIS SUBDIVISION OTHER THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF AUBURN. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, AGREE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS TO INDEMNIFY AND HOLD THE CITY OF AUBURN, ITS SUCCESSORS AND ASSIGNS; HARMLESS FROM ANY DAMAGE, INCLUDING THE COSTS OF DEFENSE, CLAIMED BY PERSONS WITHIN OR WITHOUT THIS SUBDIVISION TO HAVE BEEN CAUSED BY ALTERATIONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE, OR SURFACE OR SUB - SURFACE WATER FLOWS WITHIN THIS SUBDIVISION OR BY ESTABLISHMENT, CONSTRUCTION OR MAINTENANCE OF THE ROADS WITHIN THIS SUBDIVISION. PROVIDED, THIS WAIVER AND INDEMNIFICATION SHALL NOT BE CONSTRUED AS RELEASING THE CITY OF AUBURN, ITS SUCCESSORS OR ASSIGNS, FROM LABILITY FOR DAMAGES, INCLUDING THE COST OF DEFENSE, RESULTING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY OF AUBURN, ITS SUCCESSORS OR ASSIGNS. THIS SUBDIVISION, DEDICATION, WAIVER OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. IN WITNESS WHEREOF WE SET OUR HANDS AND SEALS. WESTRIDGE AUBURN, LLC, ALCO INVESTMENT COMPANY, A WASHINGTON LIMITED LIABILITY COMPANY A WASHINGTON CORPORATION BY: BY: ITS ITS: ACKNOWLEDGMENTS STATE OF WASHINGTON ) ) SS COUNTY OF CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE OF WESTRIDGE AUBURN, LLC, A WASHINGTON LIMITED LIABILITY COMPANY TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THIS INSTRUMENT. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT - - -- - - --- - - - - - - ___ PRINTED NAME COMMISSION EXPIRES STATE OF WASHINGTON ) 55 COUNTY OF — _1 I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT _ SIGNED THIS INSTRUMENT ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE OF ALCO INVESTMENT COMPANY, A WASHINGTON CORPORATION TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THIS INSTRUMENT. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT PRINTED NAME COMMISSION EXPIRES CITY OF AUBURN FILE NO. PLT14 -0010 UNU.B Page 41 of 19b APPROVALS FINANCE DIRECTOR'S CERTIFICATE I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS FOR WHICH THE PROPERTY SUBJECT TO THIS SUBDIVISION MAY BE LIABLE TO THE CITY, AND THAT ALL SPECIAL ASSESSMENTS ON ANY PROPERTY HEREIN CONTAINED DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE HAVE BEEN DULY PAID, SATISFIED OR DISCHARGED, THIS____DAY OF , 20_ AUBURN DIRECTOR OF FINANCE CITY ENGINEERS CERTIFICATE I HEREBY CERTIFY THAT THIS FINAL PLAT IS IN COMPLIANCE WTH THE CERTIFICATE OF IMPROVEMENTS ISSUED PURSUANT TO ACC 17.14.015, AND IS CONSISTENT WITH ALL APPLICABLE CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY PLAT APPROVAL, THIS---DAY OF_ ---- - 20_u AUBURN CITY ENGINEER COMMUNITY DEVELOPMENT ASSISTANT DIRECTOR'S CERTIFICATE I HEREBY CERTIFY ON THIS DAY OF 20— THAT THIS FINAL PLAT IS IN SUBSTANTIAL CONFORMANCE WITH THE PRELIMINARY PLAT AND ANY CONDITIONS ATTACHED THERETO, WHICH PRELIMINARY PLAT WAS APPROVED BY THE HEARING EXAMINER ON THE 27TH DAY OF NOVEMBER, 2013. AUBURN ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT APPROVAL EXAMINED AND APPROVED THIS DAY OF ___, 20— PURSUANT TO ORDINANCE NUMBER ADOPTED BY THE AUBURN COUNCIL ON THE DAY OF 20- ___ ATTEST: MAYOR AUBURN CITY CLERK FINANCE DIVISION CERTIFICATE HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION, AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED DEDICATED AS STREETS, ALLEYS. OR FOR OTHER PUBIC USE ARE PAID IN FULL THIS __ DAY OF 20_. MANAGER DEPUTY ASSESSOR'S APPROVAL EXAMINED AND APPROVED THIS _ DAY OF _, 20_ KING COUNTY ASSESSOR DEPUTY COUNTY ASSESSOR KING COUNTY PARCEL NO. 0221049027 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF WESTRIDGE AUBURN IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., AS REQUIRED BY STATE STATUTES; THAT THE DISTANCES, COURSES AND ANGLES ARE SHOWN THEREON CORRECTLY; THAT THE MONUMENTS SHALL BE SET AND LOT AND LOCK CORNERS SHALL BE STAKED CORRECTLY ON THE GROUND, AND THAT I HAVE FULLY COMPLILU WITH THE ROVISIONS OF ESTATE AN LOCAL STATUTES AND REGULATIONS GOVERNING PLATTING. STEPHEN SCHREI, PROFESSIONAL LAND SURVEYOR. DA� CERTIFICATE NO. 37555 D.R. STRONG CONSULTING ENGINEERS 620 7TH AVE KIRKLANp, WASHINGTON 98033 PHONE: (425) 827 -3063 RECORDING CERTIFICATE FILED FOR RECORD AT THE REQUEST OF WESTRIDGE AUBURN, LLC, THIS DAY OF __, 20_, AT _ MINUTES PAST M. AND RECORDED IN VOLUME OF PLATS, PAGE(S) AFN RECORDS OF KING COUNTY, WASHINGTON. SUPERINTENDENT OF RECORDS JOB NO. 13012 D.R. STRONG ,55sA o � TE CONSULTING ENGINEERS ENGINEERS PUWNERS SURVEYORS Ocr L j 620- lfh AUENUE KIRKL IND, WA 98033 0425.82].3063 F428.8272423 JOB NO. 13012 SHEET 2 OF 10 WESTRIDGE A UB URN A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF AUBURN, KING COUNTY, WASHINGTON EASEMENT PROVISIONS 1. A PRIVATE EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGET SOUND ENERGY COMPANY, CENTURY LINK, COMCAST AND ANY OTHER PRIVATE UTILITY, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON TRACT E AND THE EXTERIOR 10 FEET OF ALL LOTS AND TRACTS, PARALLEL WITH AND ADJOINING THE EXISTING OR PROPOSED PUBLIC RIGHT-OF-WAY, IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND DISTRIBUTION SYSTEMS WITH NECESSARY FACILITIES, SIDEWALKS AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH UTILITY SERVICES AND SIDEWALKS, TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSE HEREIN STATED. NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT, OR FOR TELEPHONE USE, CABLE TELEVISION, FIRE OR POLICE SIGNAL OR FOR OTHER PURPOSES, SHALL BE PLACED OR BE PERMITTED To BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING. 2. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOT 1 IS FOR THE BENEFIT OF LOT 2 FOR PRIVATE STORM DRAINAGE FACILITIES. THE OWNERS OF SAID LOTS 1 AND 2 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT. 3. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOT 3 IS FOR THE BENEFIT OF LOT 4 FOR PRIVATE STORM DRAINAGE FACILITIES. THE OWNERS OF SAID LOTS 3 AND 4 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACIUTIES USED IN COMMON WITHIN SAID EASEMENT. 4. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOT 5 IS FOR THE BENEFIT OF LOT 6 FOR PRIVATE STORM DRAINAGE FACILITIES. THE OWNERS OF SAID LOTS 5 AND 6 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT. 5. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOTS 9 AND 10 IS FOR THE BENEFIT OF LOTS 10 AND 11 FOR PRIVATE STORM DRAINAGE FACILITES. THE OWNERS OF SAID LOTS 9, 10 AND 11 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT. 6. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOTS 12. 13 AND 14 IS FOR THE BENEFIT OF LOTS 13, 14 AND 15 FOR PRIVATE STORM DRAINAGE FACIUTIES. THE OWNERS OF SAID LOTS 12, 13, 14 AND 15 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT. 7. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOTS 17, 18, AND 19 IS FOR THE BENEFIT OF LOTS 16, 17 AND 18 FOR PRIVATE STORM DRAINAGE FACILITIES. THE OWNERS OF SAID LOTS 16, 17 AND 18 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT. S. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOTS 19 AND 20 IS FOR THE BENEFIT OF LOTS 20 AND 21 FOR PRIVATE .STORM DRAINAGE FACILITIES. THE OWNERS OF SAID LOTS 19, 20 AND 21 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT. L'THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOTS 23, 24, 25 AND 26 IS FOR THE BENEFIT OF LOTS 22, 24 AND 25 FOR PRIVATE STORM DRAINAGE FACILITIES. THE OWNERS OF SAID LOTS 22, 23, 24, 25 AND 26 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT. 10. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOTS 29, 30 AND 31 IS FOR THE BENEFIT OF LOTS 28, 29 AND 30 FOR PRIVATE STORM DRAINAGE FACILITES. THE OWNERS OF SAID LOTS 28, 29, 30 AND 31 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT. 11. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOT 33 IS FOR THE BENEFIT OF LOT 32 FOR PRIVATE STORM DRAINAGE FACILITIES. THE OWNERS OF SAID LOTS 32 AND 33 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT. 12. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOTS 35 AND 36 IS FOR THE BENEFIT OF LOTS 34, 36 AND 37 FOR PRIVATE STORM DRAINAGE FACILITIES. THE OWNERS OF SAID LOTS 34, 35, 36 AND 37 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL. SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT. 13. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOTS 38, 39 AND 40 IS FOR THE BENEFIT OF LOTS 39, 40 AND 41 FOR PRIVATE STORM DRAINAGE FACILITIES. THE OWNERS OF SAID LOTS 38, 39, 40 AND 41 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT. 14. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOTS 42 AND 43 IS FOR THE BENEFIT OF LOTS 43 AND 44 FOR PRIVATE STORM DRAINAGE FACILITIES. THE OWNERS OF SAID LOTS 42, 43 AND 44 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT. 15. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOTS 45, 46 AND 47 IS FOR THE BENEFIT OF LOTS 46, 47 AND 48 FOR PRIVATE STORM DRAINAGE FACILITIES. THE OWNERS OF SAID LOTS 45, 46, 47 AND 48 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT. 16. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOTS 51, 52 AND 53 IS FOR THE BENEFIT OF LOTS 50, 51 AND 52 FOR PRIVATE STORM DRAINAGE FACILITIES. THE OWNERS OF SAID LOTS 50, 51 52 AND 53 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT. 17. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOTS 55 AND 56 IS FOR THE BENEFIT OF LOTS 54 AND 55 FOR PRIVATE STORM DRAINAGE FACILITIES. THE OWNERS OF SAID LOTS 54, 55 AND 56 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT. 18. THE 15 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON TRACT D IS HEREBY RESERVED FOR AND GRANTED TO THE WESTRIDGE HOMEOWNERS ASSOCIATION FOR PRIVATE STORM DRAINAGE FACILITIES. SAID HOMEOWNERS ASSOCIATON IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE STORM DRAINAGE FACILITIES WITHIN SAID EASEMENT. 19. THE 10 FOOT BY 10 FOOT PRIVATE WATER EASEMENT SHOWN ON LOT 6 IS FOR THE BENEFIT OF LOT 7 FOR PRIVATE WATER FACILITES. THE OWNERS OF SAID LOT 7 IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR PRIVATE WATER FACILITIES WITHIN SAID EASEMENT. 20. THE 10 FOOT BY 10 FOOT PRIVATE WATER EASEMENT SHOWN ON LOT 9 IS FOR THE BENEFIT OF LOT 8 FOR PRIVATE WATER FACILITIES. THE OWNERS OF SAID LOT 8 IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR PRIVATE WATER FACILITIES WITHIN SAID EASEMENT. 21. THE 20 FOOT TEMPORARY EMERGENCY VEHICLE ACCESS EASEMENT SHOWN ON TRACT C AND TRACT D IS HEREBY RESERVED, GRANTED AND CONVEYED TO THE VALLEY REGIONAL FIRE AUTHORITY FOR EMERGENCY VEHICLE ACCESS. THE WESTRIDGE HOMEOWNERS ASSOCIATION IS HEREBY RESPONSIBLE FOR THE EMERGENCY VEHICLE ACCESS FACILITIES WITHIN SAID EASEMENT. SAID TEMPORARY EMERGENCY VEHICLE EASEMENT SHALL AUTOMATICALLY EXPIRE WHEN S. 320TH STREET IS DEVELOPED AND CONNECTED WESTERLY, PROVIDING A SECOND ACCESS TO THE SITE. 22. INTENTIONALLY OMITTED. 23. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOTS 34 THROUGH 37 AND LOTS 38 THROUGH 44 IS HEREBY RESERVED FOR AND GRANTED TO THE WESTRIDGE AUBURN HOMEOWNERS ASSOCIATION FOR PRIVATE STORM DRAINAGE FACILITIES. SAID HOMEOWNERS ASSOCIATION IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE STORM DRAINAGE FACILITIES WITHIN SAID EASEMENT. 24. THE 10 FOOT PRIVATE WALL AND STORM DRAINAGE EASEMENT SHOWN ON LOTS 8 THROUGH 17 IS HEREBY RESERVED FOR AND GRANTED TO THE WESTRIDGE AUBURN HOMEOWNERS ASSOCIATION FOR PRIVATE RETAINING WALL AND ASSOCIATED STORM DRAINAGE FACILITES. SAID HOMEOWNERS ASSOCIATION IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE RETAINING WALL AND STORM DRAINAGE FACILITIES WITHIN SAID EASEMENT. 25. THE 5 FOOT PRIVATE WALL AND STORM DRAINAGE EASEMENT SHOWN ON LOT 45 IS FOR THE BENEFIT OF LOT 46 FOR FOR PRIVATE RETAINING WALL AND ASSOCIATED STORM DRAINAGE FACILITIES. THE OWNERS OF SAID LOT 46 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE RETAINING WALL AND STORM DRAINAGE FACILITIES WITHIN SAID EASEMENT. 26. THE SIGHT DISTANCE EASEMENT SHOWN ON LOTS 1, 2 AND 3 IS HEREBY RESERVED FOR AND GRANTED TO THE WESTRIDGE AUBURN HOMEOWNERS ASSOCIATION. SAID HOMEOWNERS ASSOCIATION IS HEREBY RESPONSIBLE FOR INSURING THAT THE AREA WITHIN THE SIGHT DISTANCE EASEMENT SHALL BE KEPT CLEAR OF ANY OBSTRUCTION FROM 3 TO 8 FEET OFF THE GROUND, 27. THE PRIVATE ENTRY MONUMENT EASEMENT SHOWN ON TRACT A IS HEREBY RESERVED FOR AND GRANTED TO THE WESTRIDGE AUBURN HOMEOWNERS ASSOCIATION, SAID HOMEOWNERS ASSOCIATION IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE ENTRY MONUMENT FACILITIES WITHIN SAID EASEMENT. 28. THE 5 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOTS 2 THROUGH 9 AND TRACT E IS HEREBY RESERVED FOR AND GRANTED TO THE WESTRIDGE AUBURN HOMEOWNERS ASSOCIATION FOR PRIVATE STORM DRAINAGE FACILITIES. SAID HDMEOWNERS ASSOCIATION IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE STORM DRAINAGE FACILITIES WITHIN SAID EASEMENT. CITY OF AUBURN FILE NO. PLT14 -0010 ORD.B Page 48 of 195 CITY OF AUBURN PUBLIC EASEMENT PROVISION ALL PUBLIC STORM DRAINAGE EASEMENTS AS SHOWN ARE HEREBY GRANTED AND CONVEYED TO THE CITY OF AUBURN, A MUNICIPAL CORPORATION OF KING AND PIERCE COUNTIES. WASHINGTON, ITS SUCCESSORS AND ASSIGNS, A PERPETUAL NONEXCLUSIVE. EASEMENT UNDER, OVER, THROUGH AND ACROSS THE REAL PROPERTY AS DESCRIBED HEREIN FOR THE PURPOSE OF LAYING, MAINTAINING INSTALLING, CONVEYING, STORING, MANAGING, AND FACILITATING STORM AND SURFACE WATER, AND APPURTENANCES THEREOF, PER THE ENGINEERING PLANS APPROVED BY THE CITY OF AUBURN FOR THIS PLAT, TOGETHER WITH THE ABSOLUTE RIGHT, AT ALL TIMES AS NECESSARY FOR IMMEDIATE ACCESS (INGRESS AND EGRESS), TO ENTER SAID EASEMENT FOR THE PURPOSE OF INSPECTING, OPERATING, MAINTAINING, REPAIRING, RECONSTRUCTING, AND IMPROVING THE STORM DRAINAGE FACILITIES CONTAINED THEREIN WITHOUT INCURRING ANY LEGAL OBLIGATION OR LIABILITY THEREFORE. THE CITY OF AUBURN SHALL HAVE THE ABSOLUTE RIGHT TO PLACE ANY TYPE OF DRIVING SURFACE WITHIN SAID EASEMENT AREA DEEMED NECESSARY BY THE CITY OF AUBURN. THE OWNERS OF SAID PRIVATE PROPERTY SHALL NOT IN ANY WAY BLOCK, RESTRICT OR IMPEDE ACCESS AND EGRESS TO OR FROM SAID EASEMENT AREA, AND /OR IN ANY WAY BLOCK, RESTRICT OR IMPEDE FULL USE OF THE REAL PROPERTY WITHIN THE ABOVE DESCRIBED EASEMENT AREA BY THE CITY OF AUBURN FOR THE ABOVE DESCRIBED PURPOSES. NO BUILDING, WALL, ROCKERY, FENCE, TREES, OR STRUCTURE OF ANY KIND SHALL BE ERECTED OR PLANTED, NOR SHALL ANY FILL MATERIAL BE PLACED WITHIN THE BOUNDARIES OF SAID EASEMENT AREA, WITHOUT THE EXPRESS WRITTEN CONSENT OF THE CITY OF AUBURN. WITH CITY OF AUBURN PERMISSION, THE OWNERS OF SAID PRIVATE PROPERTY MAY FENCE ACROSS SAID EASEMENT AREA AND /OR ALONG THE BOUNDARIES OF SAID EASEMENT AREA, PROVIDED THAT A GATE IS CONSTRUCTED IN SAID FENCE. SAID GATE SHALL BE OF SUFFICIENT LENGTH AND LOCATION TO ALLOW THE GRANTEE FULL USE OF, AND ACCESS AND EGRESS TO AND FROM THE REAL PROPERTY WITHIN THE EASEMENT AREA. IF SAID GATE IS TO BE LOCKED, KEYS SHALL BE PROVIDED TO THE CITY OF AUBURN. NO EXCAVATION SHALL BE MADE WITHIN THREE (3) FEET OF SAID STORM DRAINAGE FACILITIES AND THE SURFACE LEVEL OF THE GROUND WITHIN THE EASEMENT AREA SHALL BE MAINTAINED AT THE ELEVATIONS AS CURRENTLY EXISTING.. THE OWNERS OF SAID PRIVATE PROPERTY GRANTS TO THE CITY OF AUBURN THE RIGHT OF INGRESS AND EGRESS TO THE EASEMENT AREA OVER AND ACROSS ALL PAVED, GRAVELED, OR OTHERWISE IMPROVED DRIVEWAYS OR PARKING LOTS WTHIN THE PARENT PARCEL IF DIRECT ACCESS TO THE EASEMENT AREA IS NOT AVAILABLE FROM SUCH DRIVEWAYS OR PARKING LOTS, THE CITY OF AUBURN'S RIGHT OF INGRESS AND EGRESS SHALL INCLUDE SUCH OTHER AREAS OF THE PARENT PARCEL AS THE CITY OF AUBURN DETERMINES ARE NECESSARY TO ACCESS THE EASEMENT AREA FROM SUCH DRIVEWAYS AND PARKING LOTS OR FROM THE PARENT PARCELS BOUNDARIES. IN THE CASE OF ANY DAMAGE OR DISRUPTION OF THE PARENT PARCEL, THE CITY OF AUBURN SHALL RETURN THE PROPERTY TO A CONDITION REASONABLY COMPARABLE TO ITS CONDITION AS IT EXISTED IMMEDIATELY BEFORE ENTRY AND /OR WORK WAS MADE THEREON BY THE CITY OF AUBURN OR ITS AGENTS. THE OWNERS OF SAID PRIVATE PROPERTY ADDITONALLY GRANTS TO THE CITY OF AUBURN, THE USE OF SUCH ADDITIONAL AREA IMMEDIATELY ADJACENT TO SAID EASEMENT AREA AS SHALL BE REQUIRED FOR THE CONSTRUCTION, RECONSTRUCTION, MAINTENANCE AND OPERATION OF SAID STORM DRAINAGE FACILITIES. THE USE OF SUCH ADDITIONAL AREA SHALL BE HELD TO REASONABLE MINIMUM AND IN THE CASE OF ANY DAMAGE OR DISRUPTION OF THE PARENT PARCEL, THE CITY OF AUBURN SHALL RETURN THE PROPERTY TO A CONDITION REASONABLY COMPARABLE TO ITS CONDITION AS IT EXISTED IMMEDIATELY BEFORE ENTRY AND /OR WORK WAS MADE THEREON BY THE CITY OF AUBURN OR ITS AGENTS. IN ADDITION TO THE OTHER RESTRICTIONS HEREIN, THE OWNERS OF SAID PRIVATE PROPERTY SHALL NOT CONVEY TO A. THIRD PARTY ANY EASEMENT OR OTHER RIGHT OF THE EASEMENT AREA, THIS EASEMENT AND COVENANT SHALL .RUN WITH THE PARENT PARCEL AND IS BINDING ON THE OWNERS OF SAID PRIVATE PROPERTY, THEIR HEIRS, SUCCESSORS AND ASSIGNS. PRIVATE DRAINAGE EASEMENT COVENANT THE OWNERS OF PRIVATE PROPERTY WITHIN THIS PLAT ENCUMBERED WITH DRAINAGE EASEMENTS SHOWN AS "PRIVATE" HEREBY GRANT AND CONVEY TO THE CITY OF AUBURN, A POLITICAL SUBDIVISION OF THE STATE OF WASHINGTON, THE RIGHT BUT NOT THE OBLIGATION TO CONVEY OR STORE STORM AND SURFACE WATER PER THE ENGINEERING PLANS APPROVED FOR THIS PLAT BY THE CITY OF AUBURN, TOGETHER WITH THE RIGHT OF REASONABLE ACCESS (INGRESS AND EGRESS) TO ENTER SAID DRAINAGE EASEMENT FOR THE PURPOSE OF OBSERVING THAT THE OWNER(S) ARE PROPERLY OPERATING AND MAINTAINING THE DRAINAGE FACILITIES CONTAINED THEREIN. THE OWNERS OF SAID PRIVATE PROPERTY ARE RESPONSIBLE FOR OPERATING, MAINTAINING, AND REPAIRING THE DRAINAGE FACILITIES CONTAINED WITHIN SAID DRAINAGE EASEMENTS AND ARE HEREBY REQUIRED TO OBTAIN ANY REQUIRED PERMITS FROM THE CITY OF AUBURN PRIOR TO FILLING, PIPING, CUTTING OR REMOVING VEGETATION (EXCEPT FOR ROUTINE LANDSCAPE MAINTENANCE SUCH AS LAWN MOWING) IN OPEN VEGETATED DRAINAGE FACILITIES (SUCH AS SWALES, CHANNELS, DITCHES PONDS, ETC.) OR PERFORMING ANY ALTERATIONS OR MODIFICATIONS TO THE DRAINAGE FACILITIES CONTAINED WITHIN SAID DRAINAGE EASEMENT. ADDITONALLY, THE OWNER(S) OF THE LAND HEREBY SUBDIVIDED DO HEREBY GRANT AND CONVEY TO THE OWNER(S) OF THE LOTS BENEFITED OR ANY OTHER PRIVATE ENTITY AS STATED IN THE EASEMENT PROVISIONS AND THEIR ASSIGNS A PERPETUAL EASEMENT FOR THE STATED UTILITIES. THESE EASEMENTS AND CONDITIONS SHALL BE A COVENANT RUNNING WITH THE LAND AND SHALL BE BINDING ON THE SUCCESSORS, HEIRS, AND ASSIGNS OF THE OWNERS(S) OF THE LAND HEREBY BURDENED. THE OWNER(S) OF THE .LOT BENEFITED AND THEIR ASSIGNS SHALL HAVE THE RIGHT WITHOUT PRIOR INSTTUTON OF ANY SUIT OR PROCEEDINGS OF LAW AT SUCH THE AS MAY BE NECESSARY TO ENTER UPON SAID EASEMENT FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, REPAIRING, ALTERING OR RECONSTRUCTING SAID UTILITY OR MAKING ANY CONNECTION THERETO WITHOUT INCURRING ANY LEGAL OBLIGATION OR LIABILITY THEREFORE; PROVIDED THAT SUCH SHALL BE ACCOMPLISHED IN A MANNER THAT IF EXISTING PRIVATE IMPROVEMENTS ARE DISTURBED OR DESTROYED THEY WILL BE REPAIRED OR REPLACED TO A CONDITION SIMILAR AS THEY WERE IMMEDIATELY BEFORE THE PROPERTY WAS ENTERED UPON BY THE ONE BENEFITED. THE OWNER(S) OF THE BURDENED LOT SHALL RETAIN THE RIGHT TO USE THE SURFACE OF SAID EASEMENT IF SUCH USE DOES NOT INTERFERE WITH THE INSTALLATION OR USE OF SAID UTILITIES. HOWEVER, THE OWNER(S) OF THE BURDENED LOT SHALL NOT ERECT OR MAINTAIN ANY BUILDINGS OR STRUCTURES WITHIN THE EASEMENT. ALSO THE OWNERS) OF THE BURDENED LOT SHALL NOT PLANT TREES, SHRUBS OR VEGETATION HAVING DEEP ROOT PATTERNS WHICH MAY CAUSE DAMAGE TO OR INTERFERE WITH SAID UTILITIES. ALSO THE OWNER(S) OF THE BURDENED LOT. SHALL NOT DEVELOP OR BEAUTIFY THE EASEMENT AREAS IN SUCH A WAY TO CAUSE EXCESSIVE COST TO THE OWNER(S) OF THE LOT BENEFITED PURSUANT TO ITS RESTORATION DUTIES HEREIN, THIS COVENANT SHALL RUN WITH THE LAND AND IS BINDING UPON THE OWNER(S) OF SAID PRIVATE PROPERTY, THEIR HEIRS, SUCCESSORS AND ASSIGNS. SENSITIVE AREA TRACT AND EASEMENT DEDICATION OF A SENSITIVE AREA TRACT CONTAINING A SENSITIVE AREA EASEMENT AND DEDICATON OF A SENSITIVE AREA BUFFER EASEMENT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE SENSITIVE AREA TRACT /SENSITIVE AREA AND BUFFER AND SENSITIVE AREA BUFFER EASEMENT. THIS INTEREST INCLUDES THE PRESERVATION OF NAIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND ANIMAL HABITAT. THE SENSITIVE AREA TRACT /SENSITVE AREA AND BUFFER AND /OR SENSITIVE AREA BUFFER EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO SENSITIVE AREA TRACT /SENSITIVE AREA AND BUFFER AND /OR SENSITIVE AREA BUFFER EASEMENT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF AUBURN, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE SENSITIVE AREA TRACT /SENSITIVE AREA AND BUFFER AND /OR SENSITIVE AREA BUFFER EASEMENT. THE VEGETATION WITHIN THE TRACT /SENSITIVE AREA AND BUFFER MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF AUBURN OR ITS SUCCESSOR AGENCY, UNLESS OTHERWISE PROVIDED BY LAW. THE COMMON BOUNDARY BETWEEN THE SENSITIVE AREA TRACT /SENSITIVE AREA AND BUFFER AND /OR SENSITIVE AREA BUFFER EASEMENT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF AUBURN PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY ON A LOT SUBJECT TO THE SENSITIVE AREA TRACT /SENSITIVE AREA AND BUFFER AND /OR SENSITIVE AREA BUFFER EASEMENT. THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT PROPOSAL ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA ARE COMPLETED. THE CITY SHALL BE ALLOWED TO ENTER UPON TRACT B FOR THE PURPOSES OF MONITORING, MAINTAINING, PRESERVING, AND ENHANCING FUNCTIONS RELATED TO THE ON -SITE MITIGATION AREAS LOCATED WITHIN SAID TRACT. THE CITY SHALL BE PERMITTED TO ENTER ONTO THE TRACT B AT ALL REASONABLE TIMES TO MONITOR AND MAINTAIN THE ON -SITE WETLAND AND STREAM AREAS OR WETLAND AND STREAM FUNCTIONS SUCH AS RECHARGE, CONVEYANCE OR STORAGE OF STORM WATER. THE RIGHT OF ACCESS HOWEVER DOES NOT ESTABLISH AN OBLIGATION ON THE PART OF THE CITY FOR MAINTENANCE. THE CITY SHALL HAVE THE RIGHT OF ACCESS OVER, UNDER, AND ACROSS TRACT C FOR THE PURPOSE OF ACCESSING TRACT B. N J. D.R. STRONG sssAw� CONSULTING ENGINEERS I ENGINEERS PLANNERS SURVEYORS 620 - IM AVENUE KIRKLAND. WA 98033 0425.82).3063 F4258 7—O JOB NO. 13012 SHEET 3 OF 10 WESTRIDGE AUBURN APORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF AUBURN, KING COUNTY, WASHINGTON HOMEOWNERS ASSOCIATION COVENANT THIS SUBDIVISION IS SUBJECT TO THE COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE WESTRIDGE AUBURN HOMEOWNERS ASSOCIATION RECORDED UNDER KING COUNTY RECORDING NUMBER RECORDS OF KING COUNTY, WASHINGTON. SAID HOMEOWNERS ASSOCIATION SHALL OWN AND MAINTAIN THE TRACTS AND EASEMENTS AS INDICATED AND CONVEYED HEREIN, UNLESS OTHERWISE APPROVED BY THE CITY OF AUBURN OR ITS SUCCESSOR AGENCY. THIS COVENANT SHALL RUN WITH THE LAND AND SHALL BE SINGING UPON THE OWNERS OF LOTS 1 THROUGH 56 INCLUSIVE, THEIR HEIRS, SUCCESSORS AND ASSIGNS. SHOULD THE WESTRIDGE AUBURN HOMEOWNERS ASSOCIATION BE DISSOLVED OR OTHERWISE CEASE TO FUNCTION, OWNERSHIP OF LOTS 1 THROUGH 56, INCLUSIVE WILL INCLUDE AN EQUAL AND UNDIVIDED INTEREST IN TRACTS B, C, D AND E, TOGETHER WITH AN EQUAL RESPONSIBILITY FOR THE MAINTENANCE RESPONSIBILITIES FOR SAID TRACTS. TRACT SCHEDULE TRACT SIZE OWNERSHIP PURPOSE A 41,734 SO. FT. THE CITY OF AUBURN PUBLIC STORM DRAINAGE B 5162 SQ. FT. THE WESTRIDGE AUBURN HOMEOWNERS ASSOCIATION SENSITIVE AREA TRACT C 24247 S . FT. THE WESTRIDGE AUBURN HOMEOWNERS ASSOCIATION OPEN SPACE D 240074 SQ. FT. THE WESTRIDGE AUBURN HOMEOWNERS ASSOCIATION OPEN SPACE E 1 1,431 S . FT. THE WESTRIDGE AUBURN HOMEOWNERS ASSOCIATION PRIVATE ACCESS AND UTILITY TRACT NOTES 1. TRACT A IS A PUBLIC STORM DRAINAGE TRACT AND IS CONVEYED TO THE CITY OF AUBURN OR ITS SUCCESSOR AGENCY FOR PUBLIC DRAINAGE PURPOSES UPON THE RECORDING OF THIS PLAT. THE WESTRIDGE HOMEOWNERS ASSOCIATION IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THOSE PORTIONS OF SAID TRACT, INCLUDING LANDSCAPING AND WALLS, LOCATED OUTSIDE THE FENCED POND BOUNDARY, OR IF NO FENCE IS PROVIDED, OUTSIDE THE 10 -YEAR STORM WATER SURFACE ELEVATION, AS DETERMINED BY THE CITY ENGINEER. 2. TRACT B IS A SENSITIVE AREA TRACT AND IS HEREBY CONVEYED TO THE WESTRIDGE AUBURN HOMEOWNERS ASSOCIATION UPON THE RECORDING OF THIS PLAT. SAID HOMEOWNERS ASSOCIATION IS HEREBY RESPONSIBLE FOR THE MAINTENANCE ASSOCIATED WITH SAID TRACT. THE CITY OF AUBURN SHALL BE ALLOWED TO ENTER UPON SAID TRACT B IN CONNECTION WITH MONITORING, MAINTAINING, PRESERVING AND ENHANCING THE ON -SITE WETLANDS AND THE ASSOCIATED BUFFER AREAS. 3. TRACTS C AND D ARE OPEN SPACE TRACTS AND ARE HEREBY CONVEYED TO THE WESTRIDGE AUBURN HOMEOWNERS ASSOCIATION UPON THE RECORDING OF THIS PLAT. SAID HOMEOWNERS ASSOCIATION IS HEREBY RESPONSIBLE FOR THE MAINTENANCE ASSOCIATED WITH SAID TRACTS. 4. TRACT E IS A PRIVATE ACCESS AND UTILITY TRACT AND IS HEREBY CONVEYED TO THE WESTRIDGE AUBURN HOMEOWNERS ASSOCIATION UPON THE RECORDING OF THIS PLAT. SAID HOMEOWNERS ASSOCIATION IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE ACCESS FACILITIES WITHIN SAID TRACTS. AN EASEMENT OVER SAID TRACT IS HEREBY RESERVED FOR THE BENEFIT OF LOTS 7 AND 8 FOR PRIVATE UTILITIES AND STORM DRAINAGE FACILITIES. THE OWNERS OF SAID LOTS 7 AND 8 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE UTILITY AND STORM DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE FACIUTIES USED IN COMMON WITHIN SAID EASEMENT. CITY OF AUBURN STREET ADDRESS CITY OF AUBURN FILE NO. PLT14 -0010 ORD.B Page 49 of 195 NOTES /RESTRICTIONS 1. THE ROAD AND STORM DRAINAGE SYSTEMS SHALL BE CONSTRUCTED ACCORDING TO THE APPROVED PLAN AND PROFILE, PLAN NO FAC14 -0001 ON FILE WITH THE CITY OF AUBURN. ANY DEVIATION FROM THE APPROVED PLAN WILL REQUIRE WRITTEN APPROVAL FROM THE CITY. 2. PRIOR TO BUILDING CONSTRUCTION ON ALL LOTS, TEMPORARY EROSION AND SEDIMENTATION CONTROL MEASURES, PER THE CONSTRUCTION STORM WATER POLLUTION PREVENTION PLAN ( CSWPPP) WILL BE CONSTRUCTED AND MAINTAINED THROUGH FINAL LOT STABILIZATION. PRIOR TO FINAL BUILDING INSPECTION FOR THE STRUCTURE(S) ON ALL LOTS, ROOF DOWNSPOUTS, FOOTING DRAINS, AND ALL LANDSCAPED AREAS NOT DESIGNATED FOR SHEET FLOW TO THE ADJACENT SENSITIVE AREAS, OR ALLOWED TO BE TREATED ONSITE, SHALL BE TIGHTENED TO THE PUBLIC ROADWAY DRAINAGE SYSTEM AND SHALL BE INSPECTED BY CITY OF AUBURN FOR COMPLIANCE WITH THE CSWPPP PRIOR TO FINAL APPROVAL 3. STORM DRAINAGE SYSTEMS CONSTRUCTED ON THE INDIVIDUAL LOTS MUST BE MAINTAINED BY THE PROPERTY OWNER FOR THAT LOT. AN EXCEPTION TO THIS REQUIREMENT IS WHERE THE PRIVATE STORM COLLECTION SYSTEM CROSSES LOT LINES. IN THIS CASE PRIVATE STORM DRAINAGE EASEMENTS AND THE MAINTENANCE RESPONSIBILITIES RELATED THERETO HAVE BEEN IDENTIFIED HEREIN. 4. EXISTING FENCE ENCROACHMENTS HAVE BEEN SHOWN PURSUANT TO ROW 58.1 7.255 AND SHALL BE DISCLOSED IN THE TITLE REPORT PREPARED BY THE TITLE INSURER AND ISSUED AFTER THE FILING OF THIS FINAL PLAT, 5. WHENEVER ANY RIGHT OF WAY LANDSCAPING IN THE CITY OF AUBURN HAS BEEN IMPROVED, INCLUDING BUT NOT LIMITED TO THE PLANTING OF SHRUBS, PLANTS, GRASS, OR OTHER LANDSCAPING IMPROVEMENTS, THE DUTY, BURDEN, AND EXPENSE OF MAINTENANCE, WATERING, AND GENERAL UPKEEP OF SUCH LANDSCAPING SHALL DEVOLVE UPON THE OWNER OF THE PRIVATE PROPERTY DIRECTLY ABUTTING THE SIDEWALK ADJACENT TO THE LANDSCAPED AREA OR ABUTTING THE LANDSCAPED AREA. TITLE RESTRICTIONS: 1 THIS SITE IS SUBJECT TO FACILITY CHARGES, IF ANY, INCLUDING BUT NOT LIMITED TO HOOK -UP, OR CONNECTION CHARGES AND LATECOMER CHARGES FOR SEWER, WATER AND PUBLIC FACILITIES OF KING COUNTY WATER DISTRICT NO. 124 AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 8106010916. 2. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS OF AN EASEMENT IN FAVOR OF THE UNITED STATES OF AMERICA FOR AN ELECTRIC TRANSMISSION LINE AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 3152499 AND IS SHOWN HEREON. 3. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS OF AN EASEMENT IN FAVOR OF THE UNITED STATES OF AMERICA F AN ELECTRIC TRANSMISSION LINE AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 3251577 AND IS SHOWN HEREON. 4. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS OF AN EASEMENT IN FAVOR OF THE UNITED STATES OF AMERICA FOR AN ELECTRIC TRANSMISSION LINE AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 5027595 AND IS SHOWN HEREON. 5. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS OF AN EASEMENT IN FAVOR OF OLYMPIC PIPE LINE COMPANY FOR A GAS PIPELINE OR PIPELINES AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 5715181 AND IS SHOWN APPROXIMATELY HEREON. 6. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS OF AN EASEMENT IN FAVOR OF PUGET SOUND ENERGY, INC., FOR AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION SYSTEM AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 6129173 AND 15 SHOWN HEREON. 7. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS OF AN EASEMENT IN FAVOR OF PUGET SOUND ENERGY, INC. FOR AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION SYSTEM AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 6287305 AND MODIFICATION AND /OR AMENDMENT THERETO AS DISCUSSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 7302200527 AND IS SHOWN HEREON. 8. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS OF AN EASEMENT IN FAVOR OF THE CITY OF TACOMA FOR A WATER PIPELINE OR PIPELINES RESULTING FROM KING COUNTY SUPERIOR COURT CAUSE NUMBER 791311 AND IS SHOWN HERON. 9. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS OF AN EASEMENT IN FAVOR OF THE CITY OF TACOMA FOR A WATER PIPELINE OR PIPELINES AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 7312270294 AND IS SHOWN HEREON AND IS SHOWN HEREON. 10. THIS SITE 15 SUBJECT TO THE TERMS AND CONDITIONS OF A WATER PIPELINE STANDARD CROSSING PERMIT BETWEEN OLYMPIC PIPELINE COMPANY AND THE CITY OF TACOMA AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 7502190280 AND IS SHOWN HEREON. 11. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF A RIGHT OF WAY PERMIT BETWEEN PACIFIC NORTHWEST BELL TELEPHONE COMPANY AND THE CITY OF TACOMA AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 7606150245. THE LEGAL DESCRIPTION INCLUDED IN SAID INSTRUMENT IS INSUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THIS SITE, 12. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS OF AN EASEMENT FOR DRIVEWAY FOR INGRESS AND EGRESS IN FAVOR OF JAMES L. AND E. MARLENE STICE AND SUCCESSORS AND ASSIGNS AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 8407110929 AND IS SHOWN HEREON. 13. THIS SITE IS SUBJECT TO THE RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS FOR ROAD AS GRANTED BY DEED RECORDED UNDER RECORDING NUMBER 8711020577. 14. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN LAKEHAVEN UTILITY DISTRICT AND PNW HOLDINGS, L.L.C., AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 20140110000084. 15. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS OF AN EASEMENT IN FAVOR OF PUGET SOUND ENERGY, INC., FOR AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION SYSTEM AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 20140619000428. I6. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS OF AN EASEMENT IN .FAVOR OF THE CITY OF AUBURN FOR A TEMPORARY CUL -DE -SAC EASEMENT AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 20150327000325. LAKEHAVEN UTILITY DISTRICT EASEMENT PROVISION AN EASEMENT IS HEREBY IRREVOCABLY RESERVED FOR AND GRANTED TO LAKEHAVEN UTILITY DISTRICT AND ITS AGENTS, SUCCESSORS AND ASSIGNS, FOR SO LONG AS IT SHALL OWN AND MAINTAIN THE UTILITIES REFERENCED HEREIN UNDER AND UPON THE AREA SHOWN ON THE PLAT AND DESCRIBED HEREIN AS "WATERLINE EASEMENT" (WILE) AND "SANITARY SEWER EASEMENT" (SSE) TO INSTALL, MAINTAIN, REPLACE, REPAIR AND OPERATE WATER AND SEWER MAINS AND APPURTENANCES FOR THIS SUBDIVISION AND OTHER PROPERTY TOGETHER WITH THE RIGHT TO ENTER UPON SAID EASEMENT AT ALL TIMES FOR PURPOSES INCIDENT THERETO. NO BUILDING, WALL, ROCKERY, FENCE, TREES OR STRUCTURE OF ANY KIND SHALL BE ERECTED OR PLANTED, NOR SHALL ANY FILL MATERIAL BE PLACED WITHIN THE BOUNDARIES OF SAID EASEMENT AREA. NO EXCAVATION SHALL BE MADE WITHIN THREE (3) FEET OF SAID WATER OR SEWER SERVICE FACILITIES AND THE SURFACE LEVEL OF THE GROUND WITHIN THE EASEMENT AREA SHALL BE MAINTAINED AT THE ELEVATON AS CURRENTLY EXISTING. GRANTOR HEREBY AGREES THAT NO WATER AND /OR SEWER SYSTEM FACILITY OR APPURTENANCE OF ANY KIND SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR, OR ANY THIRD PARTY ACTING UNDER AUTHORITY OF GRANTOR, WITHIN OR PROXIMATE TO SAID EASEMENT, UNLESS SUCH INSTALLATION IS APPROVED BY GRANTEE AND IS IN CONFORMANCE WITH THE THEN- CURRENT EDITION OF THE "CRITERIA FOR SEWAGE WORKS DESIGN' PUBLISHED BY THE WASHINGTON STATE DEPARTMENT OF ECOLOGY. GRANTOR HEREBY FURTHER AGREES THAT NO OTHER UTILITY FACILITY OR APPURTENANCE OF ANY KIND, INCLUDING UTILITY SERVICE CONNECTIONS, SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR, OR ANY THIRD PARTY ACTING UNDER AUTHORITY OF GRANTOR, WITHIN THREE FEET (3), MEASURED HORIZONTALLY FOR PARALLEL ALIGNMENTS, OR WITHIN SIX INCHES (6'), MEASURED VERTCALLY FOR CROSSING OR PERPENDICULAR ALIGNMENTS, OF ANY PORTION OF THE GRANTEES FACILITIES. GRANTOR ADDITONALLY GRANTS TO THE LAKEHAVEN UTILITY DISTRICT AND ITS AGENTS, SUCCESSORS AND ASSIGNS THE USE OF SUCH ADDITIONAL AREA IMMEDIATELY ADJACENT TO SAID EASEMENT AREA AS SHALL BE REQUIRED FOR THE CONSTRUCTION, RECONSTRUCTION, MAINTENANCE AND OPERATION OF SAID WATER OR SEWER FACILITIES. THE USE OF SUCH ADDITIONAL AREA SHALL BE HELD TO .A REASONABLE MINIMUM AND BE RETURNED TO THE CONDITION EXISTING IMMEDIATELY BEFORE THE PROPERTY WAS ENTERED UPON BY THE LAKEHAVEN UTILITY DISTRICT, ITS AGENTS, SUCCESSORS AND ASSIGNS. IN ADDITION TO THE OTHER RESTRICTIONS HEREIN, GRANTOR SHALL NOT CONVEY TO A THIRD PARTY ANY EASEMENT OR OTHER INTEREST OR RIGHT OF USE OF PROPERTY SUBJECT TO THE EASEMENT THAT WOULD IMPAIR OR LIMIT THE USE OF THE EASEMENT RIGHTS GRANTED HEREIN. Fwo<N LL0M_jD JOB NO. 13012 m 7 s5s� LSLA1� D.R. STRONG CONSULTING ENGINEERS ENGINEERS PLANNERS SURVEYORS 620 - )tlt AVENUE I-INO, WA 99033 0425821.3063 F426.9212423 JOB NO. 13012 SHEET 4 OF 10 WESTRIDGE AUBURN A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF AUBURN, KING COUNTY, WASHINGTON 3. PROPERTY AREA = 840,7853 SQUARE FEET (19.3018± ACRES). 4. ALL DISTANCES ARE IN FEET. 5. THIS IS AFIELD TRAVERSE SURVEY. A LEICA FIVE SECOND COMBINED ELECTRONIC TOTAL STATION WAS USED TO MEASURE THE ANGULAR AND DISTANCE RELATIONSHIPS BETWEEN THE CONTROLUNG MONUMENTATION AS SHOWN. CLOSURE RATIOS OF THE TRAVERSE MET OR EXCEEDED THOSE SPECIFIED IN WAC 332- 130 -090. ALL MEASURING INSTRUMENTS AND EQUIPMENT ARE MAINTAINED IN ADJUSTMENT ACCORDING TO MANUFACTURER'S SPECIFICATIONS. REFERENCES 1. KING COUNTY SHORT PLAT NUMBER 883127, RECORDED UNDER RECORDING NUMBER 8412100260. 2. PARK RIDGE AND PARK RIDGE PHASE II RECORDED IN VOLUME 139 OF PLATS, PAGES 1 -5, UNDER RECORDING NUMBER 8710200997. 3. THE PLAT OF BRISTOL HEIGHTS RECORDED IN VOLUME 146 OF PLATS, PAGES 44 THROUGH 46, UNDER RECORDING NUMBER 8906270743. 4. THE PLAT OF WYNCREST RECORDED IN VOLUME 266 OF PLATS, PAGES 52 THROUGH 56, UNDER RECORDING NUMBER 20140806001551. 2 7 I 3 g 7 6 5 4 I TRACT J 35 1296.22' -i-\ zo FOUND 6" CONCRETE- `- MONUMENT NOT SEARCHED FOR HELD 50 STAMPED "X" ^I LOCATION PER REF. 2 NOT SEARCHED FOR HELD TRACT E fMONUMENT LOCATION PER REF. 2 2" BRASS D15K AND SCRIBED "X" IN N8 9'54'30"W IN AUGUST, 2014 3 2 2604.05' 2 SURVEY NOTES 1. 2\9 32 11 31 SHEET 10 1. ALL TITLE INFORMATION SHOWN ON THIS MAP HAS BEEN EXTRACTED FROM FIRST AMERICAN TITLE INSURANCE COMPANY 10 SUBDIVISION GUARANTEE ORDER NO. 5003353- 2307534 DATED MARCH 27, 2015. IN PREPARING THIS MAP, D.R. STRONG If CONSULTING ENGINEERS INC. HAS CONDUCTED NO INDEPENDENT TITLE SEARCH NOR IS D.R. STRONG CONSULTING ENGINEERS 40 I INC. AWARE OF ANY TITLE ISSUES AFFECTING THE SURVEYED 37 PROPERTY OTHER THAN THOSE SHOWN ON THE MAP AND �® DISCLOSED BY REFERENCED FIRST AMERICAN TITLE INSURANCE COMPANY GUARANTEE. D.R. STRONG CONSULTING ENGINEERS 42 INC. HAS RELIED WHOLLY ON FIRST AMERICAN TITLE COMPANY REPRESENTATIONS OF THE TITLE'S CONDITION TO PREPARE THIS SURVEY AND THEREFOR D.R. STRONG CONSULTING ENGINEERS 34 INC. QUALIFIES THE MAP'S ACCURACY AND COMPLETENESS TO 43 - THAT EXTENT. BASIS OF BEARINGS 2. EXCEPT AS NOTED OTHERWISE, ALL SURVEY CONTROL / 7 INDICATED AS "FOUND ° WAS RECOVERED FOR THIS PROJECT IN DECEMBER. 2004. ,., 3. PROPERTY AREA = 840,7853 SQUARE FEET (19.3018± ACRES). 4. ALL DISTANCES ARE IN FEET. 5. THIS IS AFIELD TRAVERSE SURVEY. A LEICA FIVE SECOND COMBINED ELECTRONIC TOTAL STATION WAS USED TO MEASURE THE ANGULAR AND DISTANCE RELATIONSHIPS BETWEEN THE CONTROLUNG MONUMENTATION AS SHOWN. CLOSURE RATIOS OF THE TRAVERSE MET OR EXCEEDED THOSE SPECIFIED IN WAC 332- 130 -090. ALL MEASURING INSTRUMENTS AND EQUIPMENT ARE MAINTAINED IN ADJUSTMENT ACCORDING TO MANUFACTURER'S SPECIFICATIONS. REFERENCES 1. KING COUNTY SHORT PLAT NUMBER 883127, RECORDED UNDER RECORDING NUMBER 8412100260. 2. PARK RIDGE AND PARK RIDGE PHASE II RECORDED IN VOLUME 139 OF PLATS, PAGES 1 -5, UNDER RECORDING NUMBER 8710200997. 3. THE PLAT OF BRISTOL HEIGHTS RECORDED IN VOLUME 146 OF PLATS, PAGES 44 THROUGH 46, UNDER RECORDING NUMBER 8906270743. 4. THE PLAT OF WYNCREST RECORDED IN VOLUME 266 OF PLATS, PAGES 52 THROUGH 56, UNDER RECORDING NUMBER 20140806001551. 2 7 I 3 g 7 6 5 4 I TRACT J I I I I I I I I I I I I FOUND 4" CONCRETE MONUMENT WITH 1/2" COPPER PLUG. 650.31' N59- 54'30 "W A %r 22 1 1296.22' 1296.22' FOUND 6" CONCRETE- - MONUMENT WITH COPPER PLUG 50 STAMPED "X" ^I N89'52'01 "E — TRACT E 17 I 47 46 I 2" BRASS D15K AND SCRIBED "X" IN MONUMENT CASE, RECOVERED AGAIN IN AUGUST, 2014 TRACT c 1. 2\9 32 11 31 SHEET 10 A ®i ®F� 21 30 i 29 10 39 SHEET 5 0 100' 200' 400' 40 I 55 54 37 �® 24 42 3 I 53 52 34 43 - - I I I I I I I I I I I I FOUND 4" CONCRETE MONUMENT WITH 1/2" COPPER PLUG. 650.31' FOUND 4" CONCRETE MONUMENT WITH FOUND CONCRETE PUNCHED 2" BRASS DISK 0.1'E OF MONUMENT WITH 2" BRASS CALCULATED SUBDIVISION CORNER DISK STAMPED WITH " %' 650.31' 1300.63 2, 1 N89'38'35 "E 11 12 F 15 N59- 54'30 "W A %r 22 1 1296.22' 1296.22' FOUND 6" CONCRETE- - MONUMENT WITH COPPER PLUG 50 STAMPED "X" ^I N89'52'01 "E — 649.21' `FOUND CONCRETE MONUMENT WITH 17 I 47 46 I 2" BRASS D15K AND SCRIBED "X" IN MONUMENT CASE, RECOVERED AGAIN IN AUGUST, 2014 FOUND 4" CONCRETE MONUMENT WITH FOUND CONCRETE PUNCHED 2" BRASS DISK 0.1'E OF MONUMENT WITH 2" BRASS CALCULATED SUBDIVISION CORNER DISK STAMPED WITH " %' 650.31' 1300.63 2, 1 N89'38'35 "E 11 12 F 15 L�__ i6 50 I I 17 I 47 46 I TRACT B 41 ]g 48 SHEET 6 SHEET i 33 TRACT c 1. 2\9 32 11 31 A ®i ®F� 21 30 i 29 GRAPHIC SCALE r 28 27 0 100' 200' 400' 26 /SHEET �® 24 1 INCH = 200 FT. 23 ' 22 BASIS OF BEARINGS / 7 N00'53'05 "E BETWEEN THE MONUMENTS FOUND IN r TRACT D PLACE AT THE SOUTHEAST SECTION CORNER AND THE EAST QUARTER CORNER OF SECTION 2 -21 -4 SHEET. 8i S. �Y.r1 z~ 1 J D.R. STRONG KEY MAP 1" -200 ., ss4 �� s T CONSULTING ENGINEERS ENGINEERS PLANNERS SURVEYORS 620 -7M AVENUE -D, WA 98033 042582).3883 F425821.2423 CITY OF AUBURN FILE NO. PLT14 -0010 ORD.B Page 50 of 195 JOB NO. 13012 SHEET 5 OF 10 WESTRIDGE AUBURN A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF AUBURN, KING COUNTY, WASHINGTON FOUND MONUMENT IN CASE, BRISTOL HEIGHTS 2 " BRASS DISK WITH PUNCH I VOL. 146, PG'S. 44 -46 26 27 28 29 IN 4 "X4° CONCRETE, DOWN I W 24 FOUND MONUMENT IN CASE, 34 0.4•, 0.3' S AND 0.2' E IN 1 2" BRASS DISK WITH PUNCH MARCH, 2013 AND AGAIN IN D IN X4" CONCRETE, DOWN NOVEMBER, 2014 C 0.5'4", 0.2' S AND 0.2' E, IN 4' ADDITIONAL RIGHT OF WAY fTl MARCH, 2013 AND AGAIN IN DEDICATED TO THE CITY OF L� SEPTEMBER, 2014 AUBURN FOR PUBLIC ROAD PURPOSES UPON THE RECORDING / �� S. 300TH ST. m (n a OF THIS PLAT -� _ N89'S2'01 "E R= 300.00' LLL ' PARK RIDGE &PARK p=24 °5705_ - 655, RIDGE PHASE II app 00 _ 6T DISTANCE1 r 67.00' // L_886 32^ R_300. 00' N j VOL. 139, PG'S 1 -5 R° L,130. E.PEASEMENT SHEE ISE \ m N00'2 28500' ` 4'1171'40" L-58. 1CA NO1'01' '" ' 3.5121 °E �rLIl7. N89'52'01 "E� X118.45' 300.00'' p5 N5- 84'254'" 226' L- f G- -00'51 19 30.00_° 765.60' .5 L 400 �2A °59 9' r - 14.3 1)�R, N89'S2'09'E _ R� - 13065 131.]J ESM -. i - 155.03' -''� L y x01'21'25" olQi. 11 I 1:{-Lt �\� 4= 1649'01 = _ 1428 }F' L =o.35' 25' 25' R= 268.00' - 97.45' is p 003/ 6 ,j, Ia.O]'1 ]'33" - "° i a0a 39,59' FOUND 4" CONCRETE 0245705 T i 53j/ �h "b6 ESMT. \ TOTAL MORE WITH 2° BRASS T f 060529•p8i3 / /E 4- 112025 " I ` PRIVAT. ENTRY MONUMENT DISK AND SCRIBED °X" IN m 22.27' /5g 22 L= 53.04' I EASEMENT SEE E.P. 27, SHEET 2 MONUMENT CASE, L =35.30 Nb 5A 98 TOTAL 1 R= 19.50' RECOVERED AGAIN IN JUNE, �6Afi 18'E x00'02'28" °° 8910± S.F. _I L=34.15' S4° 2014 -�-+ N 56 95 2 W d N89 "5]'24 "E a 80373 S.F.I LINE BEARING DISTANCE 5].]9' S' PSDE SFE E.P. , 3 ? - F I ry Li N89'51'46 "E 0 11.00' .SHE E28 T 2 m u F NI f L2 545'26'51 "W 2.13' n 75363 S.F. 10' UTILITY III L3 S11'03'58 "W R 8.001 a 4 f EASEMENT of > 6956± S.F. (TYP.) SEE 0' PSDE of 6 5 m F SEE E?. 2, E.P. 1, SHE=T 7 > 82923 S.F. ? 7431± S.F. 10' PSDE SHEET 2 2 & 10' WLE I TRACT A w SEE EP. 3, J ) 10'X10.6' ASIDE m SHEET 2 p= 01'50'57° R =9.00' I I 417343 S.F. SEE E.P. 4, a 90'00'00" 25' PUBLIC STORM SHEE? 2 03'04" L= 11.55' \ L= 14.14' e 01.33'00" d,p8 N DRAINAGE L =8'68 38.45_ 46.00_ SEE TRACT NOTE 3i 10'X10' RAE 50' y w NO. 1, SHEET 3 SEE E.P. 19,� 5.19' 10.6' 4t 31 .} -- L =39 Cr 0' N n \ SHEET 2 N 5% 5612. 1 =333.00 3 56 "E S. �p15T 5 166.552 N89 °8'4 II-10 UTILITY Sy p44 °E - I EASEMENT (TYP.) il 6 UNPLATTED PSDE SEE 23. SHEET 2 SET STANDARD CITY OF AUBURN ® MONUMENT WITH BRASS DISK STAMPED `9I ` , N78- 6= 05'28'42 "�-- - -. �! SE E.P. 1, SHEET 2 0 FOUND CORNER MONUMENT AS AS / 1p2.62 L= 29.45' NOTED. " 10' WILE • SET 5/8° X 24° REBAR WTH PLASTIC GRAPHIC SCALE Op•O� z �08'37'08" 0 20' 40' 80' D.R. STRONG PSDE PRIVATE STORM DRAINAGE EASEMENT ^ebyeP _ _ - 102 °62 c9 z R =9.00' L= 46.33' 0= 90'00'OOr 1 INCH= 40 FT. se c ENGINEERS PLANNERS SURVEYORS PWE PRIVATE WATER EASEMENT BASIS OF BEARINGS: Pyh x02'49'54° E.P. EASEMENT PROVISION N 620- IMAVEU KIF 425,8O°WA98033 0425821.3063 F4258212423 WLE WATER LINE EASEMENT TO LAKEHAVEN FOUND IN PLACE AT THE SOUTHEAST UTILITY DISTRICT :7832'59" N £ 7607± S.F. to QUARTER CORNER OF SECTION 2 -21 -4 I CITY OF AUBURN FILE NO. PLT14 -0010 4 56 rn f III 9629± S.F. - N89'S1'46'E T 139.60' I SE PTPE 23, �O°� J °E °m "A'- SHE 10' PSDE '° I °E N89'51'48 a 39 sEE E.P. ,3, N89 s1 6 139.60'. F 69803 S.F. SHEET 2 I z 143.35' 4 I 'I� N PS SEE E.P. 17, 55 N89.51'46 "E ° m 37 ED Z I o j SHEET 2 69803 S.F. z I> 139.60' °° J1423 S.F. I u ° w P IM 40 f I O 1 N89'S1'46'E ° ° J 6980± S.F. ° N89'51'46 "E 139.60' f I I IUD 142.34' O -10' uTlur EASEMENT z N89.51'46 ^E p 36 0 to (TYP.) SEE E.P. o 139.60' .O°O 70923 S.F. f I 1, SHEET 2 & 69804S.F. 41 V) _ v E- W O 1 D' ALL "E . m 6980} S.F. W N691'46 N89'516 E D 139.60' F 141.33' W I N89- 51.46 "E 35 W 53 139.60 69803 S.F. S0PSDE EE EP12, SHEET 2 o 70413 S.F. 42 I° N89.5V46' - io ° .6980± S.F. ° y l N89'S1'46 "E > 139.60' N89- 51.46 "E to D' PSDE SEE E.P. 16, 52 139.60' 34 ° SHEET 2 69803 S.F. ° o 69903 S.F. �w 0' PSDE 43 N N89.51'46 "E N 6980± S.F. SEE SHEET 2 °°� a N89 °51'46 "E 9514' 139.60' F° 25• 25' N89'S1'46 "E I 25' 25' 51 39.fio TRACT C J L I 44 SEE SHEET 6 FOR CONTINUATION LEGEND: rN ® FOUND MONUMENT AS NOTED AA hL il 6 UNPLATTED PSDE SEE 23. SHEET 2 SET STANDARD CITY OF AUBURN ® MONUMENT WITH BRASS DISK STAMPED "DRS 37555" IN MONUMENT CASE 0 FOUND CORNER MONUMENT AS AS A ®6, T � �F F' Wq NOTED. " • SET 5/8° X 24° REBAR WTH PLASTIC GRAPHIC SCALE z CAP STAMPED "DRS 37555" 0 20' 40' 80' D.R. STRONG PSDE PRIVATE STORM DRAINAGE EASEMENT � Y555 c9 CONSUL TING ENGINEERS 1 INCH= 40 FT. se c ENGINEERS PLANNERS SURVEYORS PWE PRIVATE WATER EASEMENT BASIS OF BEARINGS: qy -� E.P. EASEMENT PROVISION N00'53'05"E BETWEEN THE MONUMENTS 620- IMAVEU KIF 425,8O°WA98033 0425821.3063 F4258212423 WLE WATER LINE EASEMENT TO LAKEHAVEN FOUND IN PLACE AT THE SOUTHEAST UTILITY DISTRICT SECTION CORNER AND THE EAST QUARTER CORNER OF SECTION 2 -21 -4 CITY OF AUBURN FILE NO. PLT14 -0010 JOB NO. 13012 ORD.B Page 51 of 195 SHEET 6 OF 10 Z O F- Q Z H O O K 0 W w S !n Ld Ui 0 WESTRIDGE AUBURN A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF AUBURN, KING COUNTY, WASHINGTON SEE SHEET 5 FOR CONTINUATION 52 o m I 34 43 of I N69'11'46 "E v N8951'46 °E qI 139.60' o 139.30' 25' 25' \ E N89'51'46 "E 25' 25' 1 N70'52'40 "E of `-'.0' PSDE cJ1 .a 139.60' 23.57' SEE E.P. 1fi, ` R= 25.00' o SHEET 2 69801 S.F. 10' PSDE � 1D' ET,, / 36'04'21° g P. 23, SEE SHE'ET 2 of NI TRACT C = ts.7a� N89'51'46 "E °m SHEET 2 S.F. 144 S.F. o �o < I 242471 OPEN SPACE 839 .A. o F o m m SEE TRACT NOTE o X10' UTILITY to I I� NO. 3, SHEET 3 ' u °m EASEMENT (TYP -) �' z 141 SEE E.P. 1, SHEET NBI- 35'2B "E Do. 2 & 10' wLE 50 zD' 10687± S.F. O,i 1 40.87' !ti �ti5 a6 ��ANO sioeM WALL _ Y5 DRAINAGE NI ASEMENT SEE E.P. �6,ep6 a 25, SHEET 2 o400'44'38` ° \ 7610± 45S.P .� L =2.27' Swop s \ I 2 I Z�m 46 7142 R= 30.00' ^E D I 1 S.F. W v W. \ - 6113'51" m �g '13 :m v L= 32.06' 'IT7jTl y p' 4 N 47 72541 S.F. 1 E ° 1VN� pia. 67414± &F. RE &F � s 01 \ \ 1rn\ 7423± S.F. Opp - \ 18959'39° 2 � m —10' UTILITY TRACT B EASEMENT (TYP.) 5162± S.F. SEE E.P. SENSITIVE AREA SHEET 2 & 10' SEE TRACT NOTE I ALF NO. 2, SHEET 3 R= 2s'31* LL-- 50.40' 07° N80'42'48 "V 47.01• Cl L3 1417'54'17° � -\ oa N79.336" \ 7z.10 T W � \ 10 Pc DE SEE SHEET 2 4 Iv _ y 97903S.F. p � I 32 63D2± S.F. i N 1� w UNPLATTED w END OF FENCE IS 0.6•W. OF PROP. UNE /// LOT 2 KING CO. SHORT PLAT S NO. 883127, c REG NO. 8412100260 120' TEMPORARY EMERGENCY VEHICLE ACCESS EASEMENT SEE E.P- 21, SHEET 2 / I —I LEGEND: FOUND. MONUMENT AS NOTED oo. f SET STANDARD CITY OF AUBURN MONUMENT WITH BRASS DISK STAMPED o J. S wggH "DRS 37555° IN MONUMENT CASE. O 10' PSDE 6875± S.F. NOTED. S.�Sa I �� SET 5/8" % 24° REBAR WITH PLASTIC 0 20' ao' eo' SEE SHEET 2 62500 ± S.F. Z�m. o PRIVATE STORM DRAINAGE EASEMENT PWE �Kl E.P. EASEMENT PROVISION WILE WATER LINE EASEMENT TO LAKEHAVEN UTILITY DISTRICT 620 -7th AVENUE KIRKLAND, WA 98033 ydm 6875± S.F. / 0425.821.3083 F425827.2423 I I QUARTER CORNER. OF SECTION 2 -21 -4 9900 O i9pP Zi-m_ Fl 62502±8 S.F. \-15' PSI- SEE O r 55� / yam 687555±7 S.F. 4 E.P. 18, 'HEFT 2 55p0 / v / 10' PSDE 2J. / SHE7T 2 9 26 6250± S.F. o 25 TRACT D y�U 68753 S.F. ��' 0900 'LINE DEARING DIS -ANCE U, h990 Lt 581'1946 E O]'a2'41'E 6422' 30.48' 24 P6 / L3 N89'S1'46 "E 59.27' / SEE SHEET 7 FOR CONTINUATION 950 / / I i LEGEND: CITY OF AUBURN FILE NO. PLT14 -0010 ORD.B FENCE IS 0.2•W. OF PROP. LINE FOUND. MONUMENT AS NOTED SET STANDARD CITY OF AUBURN MONUMENT WITH BRASS DISK STAMPED o J. S wggH "DRS 37555° IN MONUMENT CASE. O FOUND CORNER MONUMENT AS AS NOTED. • SET 5/8" % 24° REBAR WITH PLASTIC 0 20' ao' eo' CAP STAMPED "DRS 37555" PSDE PRIVATE STORM DRAINAGE EASEMENT PWE PRIVATE WATER EASEMENT E.P. EASEMENT PROVISION WILE WATER LINE EASEMENT TO LAKEHAVEN UTILITY DISTRICT CITY OF AUBURN FILE NO. PLT14 -0010 ORD.B FENCE IS 0.2•W. OF PROP. LINE r"Gye — ul l— mam M O fRT H o J. S wggH �.m GRAPHIC SCALE Ig 0 20' ao' eo' D.R. STRONG 7 INCH = 40 FT. Q t CONSULTING ENGINEERS �A'STJ ENGINEERS PLANNERS SURVEYORS BASIS OF BEARINGS: 620 -7th AVENUE KIRKLAND, WA 98033 r"Gye — ul l— M O fRT H o J. S wggH �.m GRAPHIC SCALE Ig 0 20' ao' eo' D.R. STRONG 7 INCH = 40 FT. Q t CONSULTING ENGINEERS �A'STJ ENGINEERS PLANNERS SURVEYORS BASIS OF BEARINGS: 620 -7th AVENUE KIRKLAND, WA 98033 BETWEEN THE MONUMENTS 0425.821.3083 F425827.2423 FOUND FOUND IN PLACE AT THE SOUTHEAST SECTION CORNER AND THE EAST QUARTER CORNER. OF SECTION 2 -21 -4 JOB NO. 13012 r"Gye — ul l— SHEET 7 OF 10 z O F z z z z 0 U 0 H- W W GOGO ELI W V) WESTRIDGE AUBURN A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., / - CITY OF AUBURN, KING COUNTY, WASHINGTON / TRACT C / I Is OF LINE k= LOT 2 KING CO. SHORT PLAT NO. 883127, 3 REC. NO. 8412100260 / ,,-FENCE IS / 0.2'W. OF / PROP. LINE / 20' TEMPORARY EMERGENCY VEHICLE w ACCESS EASEMENT N SEE E.P. 21, SHEET 2 / FENCE CORNER / IS 0.7W. OF PROP. LINE / FENCE CORNER IS 6.2'E. OF X PROP. LINE INGRESS AND EGRESS EASEMENT REC. N0. 8407110929 ­-NO9'47 31 "W 5'W1F — 650.31' N89'38'35"E S. LINE SE 1/4 SEC. 2-2l-4 \ \ 5 33 FENCE CORNER IS FENCE IS F FENCE N 32 I NI E 6 LINE AND 0.2'S. AT PROP. LINE C \ P SEE SHEET 6 FOR CONTINUATION 31 / \ 80 \ 81 C C 85 \ \� T 30 TRACT A VOL N C / X15' PSDE SEE 29 / E.P 18, SH _T 2 28 27 / 26 1n9g9 15' WLE- -I TRACT D / 25 FZNN m 240074± S.F. V O a o OPEN SPACE SEE TRACT NOTE z� z NO. 3, SHEET 3 I / 24 I / 30' GAS PIPELINE EASEMEN- REC. N0. 5715181 y / / - F;o ss F / / 1J If I 30' GAS PI °c EASEMENT REC. A, N0. 5715181 p / / P2`"�a / I 64' ELECTRIC T V TRANSMISSION V EASEMENT REC. I/ N0. 5027595 jJ' ✓' / 0 C / XZ / Xp l% Is OF LINE k= LOT 2 KING CO. SHORT PLAT NO. 883127, 3 REC. NO. 8412100260 / ,,-FENCE IS / 0.2'W. OF / PROP. LINE / 20' TEMPORARY EMERGENCY VEHICLE w ACCESS EASEMENT N SEE E.P. 21, SHEET 2 / FENCE CORNER / IS 0.7W. OF PROP. LINE / FENCE CORNER IS 6.2'E. OF X PROP. LINE INGRESS AND EGRESS EASEMENT REC. N0. 8407110929 ­-NO9'47 31 "W 5'W1F — 650.31' N89'38'35"E S. LINE SE 1/4 SEC. 2-2l-4 \ \ 5 5'WIF FENCE CORNER IS FENCE IS F FENCE N 6.3'W. OF PROP. 0.1'N. OF \ NI E 6 LINE AND 0.2'S. AT PROP. LINE C \ P CORNER \ 80 \ 81 C C 85 \ \� T TRACT A VOL N C LEGEND: ® FOUND MONUMENT AS NOTED SET STANDARD CITY OF AUBURN MONUMENT WITH BRASS DISK STAMPED "DRS 37555" IN MONUMENT CASE. 0 FOUND CORNER MONUMENT AS AS NOTED. • SET 5/8" % 24" REBAR WITH PLASTIC CAP STAMPED "DRS 37555" PSDE PRIVATE STORM DRAINAGE EASEMENT PWE PRIVATE WATER EASEMENT E.P. EASEMENT PROVISION ATE WATER LINE EASEMENT TO LAKEHAVEN UTILITY DISTRICT CITY OF AUBURN FILE NO. PLT14 -0010 ORD.B Page 53 of 195 CURVE RADIUS DELTA ANGLE ARC LENGTH CS ;100.00' 10`48'52" 18.87' ED Wl N®i` 1 1-® c GRAPHIC SCALE zlf 0 20' 40' 80' D.R. STRONG � I vS5 £ CONSULTING ENGINEERS 1 INCH =40 FT. �� E ,!. ENGINEERS PLANNERS SURVEYORS BASIS OF BEARINGS: �Aa 620- 1NAUENUE KIRK ANO, WA 98033 N00'53'05 "E BETWEEN THE MONUMENTS 0425.821.3063 F4258272423 FOUND IN PLACE AT THE SOUTHEAST SECTION CORNER AND THE EAST QUARTER CORNER OF SECTION 2 -21 -4 JOB NO. 13012 CITY OF AUBURN FILE NO. PLT14 -0010 ORD.B Page 53 of 195 CURVE RADIUS DELTA ANGLE ARC LENGTH CS ;100.00' 10`48'52" 18.87' ED Wl N®i` 1 1-® c GRAPHIC SCALE zlf 0 20' 40' 80' D.R. STRONG � I vS5 £ CONSULTING ENGINEERS 1 INCH =40 FT. �� E ,!. ENGINEERS PLANNERS SURVEYORS BASIS OF BEARINGS: �Aa 620- 1NAUENUE KIRK ANO, WA 98033 N00'53'05 "E BETWEEN THE MONUMENTS 0425.821.3063 F4258272423 FOUND IN PLACE AT THE SOUTHEAST SECTION CORNER AND THE EAST QUARTER CORNER OF SECTION 2 -21 -4 JOB NO. 13012 SHEET 8 OF 10 WESTRIDGE AUBURN A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.; CITY OF AUBURN, KING COUNTY, WASHINGTON UNPLATTED P i 3 SEE SHEET 9 FOR CONTINUATION z 0 z 0 0 r W !n W 0) 15' PSDE SEE E.P. 18, SHEET 2 TRACT D 240074} S.F. / OPEN SPACE SEE TRACT NOTE NO. 3, SHEET 3 30' GAS 11PELINE N0. 5715181 �Py9 / Y �SWIF N89'38'35'E 5'WIF 650.31— \ S. LINE SE. 1/4 SEC. 2 -21 -4 (CRETE FENCE IS FENCE IS 0 1'N OF MONUMENT WITH 1/2" COPPER \ P0.7 S. OF ROP. LINE \ PROP. LINE PLUG. FENCE IS 0.2'W. %1.3'S. OF CORNER � 80 85 MORNING CREST 88 \ \ VOL. 116, PG. 4 -5 LEGEND: FOUND MONUMENT AS NOTED SET STANDARD CITY OF AUBURN ® MONUMENT WITH BRASS DISK STAMPED "DRS 37555" IN MONUMENT CASE. Aa4 c Ipy�sENGINEERS O FOUND CORNER MONUMENT AS AS NOTED. • SET 5/8" X 24- REHAB WITH PLASTIC CAP STAMPED "DRS 37555" PSDE PRIVATE STORM DRAINAGE EASEMENT ^ V B ® FZ-F H PWE PRIVATE WATER EASEMENT / E.P. EASEMENT PROVISION GRAPHIC SCALE 0 20' 40' 80' 25 UTILITY DISTRICT 1 INCH = 40 FT. ME WIRE FENCE BASIS OF BEARINGS: / 24 g9,.. y / j p9 / / z 0 z 0 0 r W !n W 0) 15' PSDE SEE E.P. 18, SHEET 2 TRACT D 240074} S.F. / OPEN SPACE SEE TRACT NOTE NO. 3, SHEET 3 30' GAS 11PELINE N0. 5715181 �Py9 / Y �SWIF N89'38'35'E 5'WIF 650.31— \ S. LINE SE. 1/4 SEC. 2 -21 -4 (CRETE FENCE IS FENCE IS 0 1'N OF MONUMENT WITH 1/2" COPPER \ P0.7 S. OF ROP. LINE \ PROP. LINE PLUG. FENCE IS 0.2'W. %1.3'S. OF CORNER � 80 85 MORNING CREST 88 \ \ VOL. 116, PG. 4 -5 LEGEND: FOUND MONUMENT AS NOTED SET STANDARD CITY OF AUBURN ® MONUMENT WITH BRASS DISK STAMPED "DRS 37555" IN MONUMENT CASE. Aa4 c Ipy�sENGINEERS O FOUND CORNER MONUMENT AS AS NOTED. • SET 5/8" X 24- REHAB WITH PLASTIC CAP STAMPED "DRS 37555" PSDE PRIVATE STORM DRAINAGE EASEMENT ^ V B ® FZ-F H PWE PRIVATE WATER EASEMENT E.P. EASEMENT PROVISION GRAPHIC SCALE 0 20' 40' 80' WILD WATER LINE EASEMENT TO LAKEHAVEN UTILITY DISTRICT 1 INCH = 40 FT. ME WIRE FENCE BASIS OF BEARINGS: CITY OF AUBURN FILE NO. PLT14 -0010 RD.B Page 54 of 195 N00'53'05 "E BETWEEN THE MONUMENTS FOUND IN PLACE AT THE SOUTHEAST SECTION CORNER AND THE EAST QUARTER CORNER OF SECTION 2 -21 -4 D.R. STRONG CONSULTING ENGINEERS Aa4 c Ipy�sENGINEERS PLANNERS SURVEYORS -- AVENUE KIRKLANO. WA98033 0425.621.3063 F425621.2423 JOB NO. 13012 SHEET 9 OF 10 LEGEND: ® WESTRIDGE AUBURN ® A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, "DRS 37555" IN MONUMENT CASE. SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., FOUND CORNER MONUMENT AS AS 7555 4P� CITY OF AUBURN, KING COUNTY, WASHINGTON 0 SET 5/8" X 24" REBAR WITH PLASTIC SEE SHEET 10 FOR CONTINUATION CAP STAMPED "DRS 37555" PSOE 14 EWE PRIVATE WATER EASEMENT N89'51'46 'E 25' 25' WLE HILLIS HILLS NO. 4 131.52' I j 51 CITY OF AUBURN FILE NO. PLT14 -0010 VOL. 130, PG. 74 -77 10' UTILITY, EASEMENT (TYP.) SEE E.P- 1, SHE - 173 N 15 of 66023 S.F. 2 & 10' WILL N89'51'46 "E - n' 132.57' 1,E S.F. o rAONDPSTORM DRAINAGE al EASEMENT SEE E.P. 24, SHEET 2. I 50 N89'S1'46 "E I \ 133.62' 01 10' PSDE O 17 SEE E.P. 7, O, v°t 6708± S.F. SHEET 2 I I D x02'04'07" m N89'51'46 "E L =8.12' 134.82' I Vl A 6= 07'58'43 "II L= 31.33' o 18 0 �� 9598± S.F. 49 \ ,bp,9 \ \ E °• \ 0 w \ \ :D k 713 S.F. 2 ?S ry5 / Z O / Q�p \ v\ W �,N2A/ \ rys :� -, £ R =9.00' o UNPLATTED ° 6240±0 S.F. p L= 14.1490'0' 0'21' n x 98922±1 S.F. N - 10 PSDE Sc'SH-_ET 2 50% / E S° / /� W N p0 10' UTILITY EASEMENT (SHEE SEE = P. , SHEET TEMPORARY ,.L-DE -SAC 6g 2 / M16 ,A59 iT. 2 10' WLE & EASEMENT REC NO / 20150327000325 25 10' PSDE /.. / SEE E.P. 9, gOj SHEET 2 p0 2 25 / Q 24 62503 S.F. c 23 e, UNPLATTED Z`'s 6875± S.F. 22 10801± S.F. / TRACT D w 500 �q9 / E / / / SEE SHEET 8 FOR CONTINUATION / `15' PSDE SEE / E P. 18, SHEET 2 / ® FOUND MONUMENT AS NOTED ® SET STANDARD CITY OF AUBURN MONUMENT WITH BRASS DISK STAMPED "DRS 37555" IN MONUMENT CASE. O FOUND CORNER MONUMENT AS AS 7555 4P� NOTED. 0 SET 5/8" X 24" REBAR WITH PLASTIC CAP STAMPED "DRS 37555" PSOE PRIVATE STORM DRAINAGE EASEMENT EWE PRIVATE WATER EASEMENT E.P. EASEMENT PROVISION WLE WATER LINE EASEMENT TO LAKEHAVEN UTILITY DISTRICT CITY OF AUBURN FILE NO. PLT14 -0010 ORD.B Page 55 of 195 I& 1 V ®FS i H GRAPHIC SCALE 0 20' 40' 80' 1 INCH= 40 FT. BASIS OF BEARINGS: N00'53'05 "E BETWEEN THE MONUMENTS FOUND IN PLACE AT THE SOUTHEAST SECTION CORNER AND THE EAST OU ARTER CORNER OF SECTION 2 -21 -4 JOB NO. 13012 MID F4' D,R. STRONG 7555 4P� CONSULTING ENGINEERS Sri s ¢ ENGINEERS PLANNERS SURVEYORS 620 - IM AVENUE KIRA—D,, 1- 98033 042582J.3063 F425821.2423 JOB NO. 13012 SHEET 10 OF 10 WESTRIDGE AUBURN A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF AUBURN, KING COUNTY, WASHINGTON ORD.B Page 56 of 195 SEE SHEET 9 FOR CONTINUATION 25 26 27 4' ADDITIONAL RIGHT OF IA'- DEDICATED TO THE CITY OF AUBURN PARK RIDGE &PARK ® SET STANDARD CITY OF AUBURN MONUMENT BRASS DISK STAMPED FOR PUBLIC ROAD PURPOSES UPON I1 RIDGE GE PH I 'DRS 37555" " IN IN MONUMENT CASE. THE RECORDING OF THIS PLAT VO L. PG'S 1ASE O FOUND CORNER MONUMENT AS AS NOTED. y O ® F y T u ! V w ® f! • SET 5/8" X 24° REBAR WITH PLASTIC / 1489'5701 "E CAP STAMPED 'DRS 37555" 0 20' 40' 60' D.R. STRONG 155.03' 4 ;r 55 se CONSULTING ENGINEERS / S. 300TH ST. ENGINEERS PLANNERS SURVEYORS / BASIS OF BEARINGS: 620 -OWh AVENUE KIR -AID,, WA 98033 155.61' N00'53`05 °E BETWEEN THE MONUMENTS / / FOUND IN PLACE AT THE SOUTHEAST _57.50' - SECTION CORNER AND THE EAST QUARTER CORNER OF SECTION 2 -21 -4 9.42 < NF9- 34'45"E -_ -_ JOB NO. 13012 15 DE' 5' POLE SEE S � 1489'57'24 "E 550 ' N89- 57'24 E 5].]9' / 28. SHEET 2 0 j -- ---15' WIFE f 7 N d 6 \ TRACT B 8 �I °' a 720731, S.F. 78201 S.F. p F 10X10.6' PSDE SEE SHEET z TRACT E I 14312 S.F. PRIVATE ACCESS 1710'X10' P AND UTILITY SEE .P. 14, SEE E 19 TRACT NOTE No. 4, SHEET 3 51.38' b 1489'51'46 "E'FS SHEET 2 � - AND WI_E l!9.20' - J N _ J. �14'29'50" r °. 42.720.24' /y� / 6 ( N89'51'46 °E 121.92' i "®- HILLIS HILLS 140.4 VOF. 130, PG. 74 -77 .N L 1443'19'44 °W O O N 5 PSDE SEE E.P. 21.97' O •O ' 28, SHEET 2 10'X,0' ?WE s_ E.P. 20. ' 177 m° 9 SHEET z a� 77713 w 14889'9' 51'46 "E Z 125.26' 1.90/ I O 56 I w 10 1a' PSDE z SEE E.P. 5, 63392 S.F. SHEET 2 °I N 176 3 1489'51'46 "E I I O U 00 127.31' D_' O SS -AN PS TORE WALL AND STORM i L� r DRAINAGE 11 � (1) IIIF- EASEMENT SEE 63922 S.F. E.P. 24, SHEET 2. ql I_ OU N89'51'46 °E _ O i 175 128.36' p OS W 54 W a s oI ° 12 n 64441 S.F. II I N8951'46"E 129.41' m z 13 ,o' PSDE N SEE E.P 5, I m o 153 p 174 \ 64973 S.F. . SHEE- 2 i ` \1 N89'51'46 °E 130.46' 1 52 °I J655034 S.F. N89'S1'46 "E 25' 25' / 137 °o u TUTY 'I 51 EA EASEMENT (TYP.)� 15 SEE E.P. ,, SHEET I I 173 2 & 10 WILE i b I 50 ORD.B Page 56 of 195 SEE SHEET 9 FOR CONTINUATION LEGEND: FOUND MONUMENT AS NOTED ® SET STANDARD CITY OF AUBURN MONUMENT BRASS DISK STAMPED 'DRS 37555" " IN IN MONUMENT CASE. O FOUND CORNER MONUMENT AS AS NOTED. y O ® F y T u ! V w ® f! • SET 5/8" X 24° REBAR WITH PLASTIC GRAPHIC SCALE R CAP STAMPED 'DRS 37555" 0 20' 40' 60' D.R. STRONG PSDE PRIVATE STORM DRAINAGE EASEMENT � 1 INCH= 40 FT. 55 se CONSULTING ENGINEERS EWE PRIVATE WATER EASEMENT Ov ENGINEERS PLANNERS SURVEYORS E.P. EASEMENT PROVISION BASIS OF BEARINGS: 620 -OWh AVENUE KIR -AID,, WA 98033 N00'53`05 °E BETWEEN THE MONUMENTS 0425.627.3063 F42582].2423 WILE WATER LINE EASEMENT TO LAKEHAVEN FOUND IN PLACE AT THE SOUTHEAST UTILITY DISTRICT SECTION CORNER AND THE EAST QUARTER CORNER OF SECTION 2 -21 -4 CITY OF AUBURN FILE NO. PLT14 -0010 JOB NO. 13012 ORD.B Page 56 of 195 CITY OF 0 B gar l 111 100 1,� .......... (140 ­­""000 0 WASHINGTON COMPLETION OF IMPROVEMENTS ORIGINAL CERTIFICATE OF IMPROVEMENTS The required improvements for the Final Plat of _ have been completed in accordance with the Land Auburn's standards and specifications. City Engineer FINAL PLAT APPLICATION FAC14-0001 Division Ordinance and the City of 9=3 SECURITY IN LIEU OF COMPLETION In lieu of the required public improvements for the Final Plat of WESTRIDGE, an approved security Assignment Of Funds for $101,843.77 (150% of the estimated costs of improvements) has been submitted and approved by the City Engineer. ity gi#eer Date 1. The developer has provided references and demonstrated a minimum of 3 years successful, non-defaulted plat development experience in the Puget Sound region. 2. The bond/security is based on the following costs: Phase 1 Sod Installation and Round Up Applications Phase 2 Final Lift of Asphalt, Monuments & Raising Utilities to Grade cc: File: FAC14-0001 Thaniel Gouk — Senior Planner Justin Lager — Westridge Auburn LLC $13,274.26 $88,569.51 ORD.B Page 57 of 195 2 3 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN aai1� d Ralf 0 ,k_00 v BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN =; AI Phil Olbrechts, Hearing Examiner RE: Westridge Preliminary Plat FINDINGS OF FACT, CONCLUSIONS PLT13 -0001 OF LAW AND FINAL DECISION. INTRODUCTION The applicant requests approval of a preliminary plat for a 56 lot single- family subdivision of a 19.30 acre parcel. The applicant also requests two road standard deviations and a deviation from driveway spacing standards. The preliminary plat and two roadway deviations are approved with conditions. The driveway spacing deviation request is denied. Staff Testimony Elizabeth Chamberlain stated that the proposal is to subdivide a 19.30 acre parcel. The subdivision will include 56 single - family lots, a storm drainage tract, open space, new public roads, and landscaping. The parcel is in the Westhill portion of Auburn. It is adjacent to Wyncrest division II which is a 41 -lot preliminary plat under review and Wyncrest division I which is a preliminary plat that was previously approved. The staff report outlines the findings of fact. The plat is in Lakehaven's utility district. The project meets the density requirements of the R -5 residential zone. The application is consistent with Auburn's Comprehensive Plan and meets the density for the single - family land use designation. According to Ms. Chamberlain, the applicant is requesting three deviations from the design standards. First, the applicant is requesting not to construct a center turn lane on South 300th Street; instead, the proposal includes a six -foot bike lane. The bike lane meets more of the Comprehensive Plan's goals, and the center turn lane is not warranted for the expected number of turns created by the project. Second, the applicant proposes to construct the internal plat roads with a horizontal curve radius of 55ft rather than the standard of 333ft. Transportation is supportive of this deviation request, as well. Finally, the applicant requests that review of driveway spacing be done later in the review process. Staff supports this deviation as well. Staff recommends approval of the preliminary plat with fourteen conditions of approval. In regard to street improvements, there are sidewalks on both sides of South 300"' Street. There are sidewalks to the west of the plat, and, when Wyncrest division II begins construction, there will be sidewalks to the east. There is an c w, jAlx.:c� Preliminary Plat P. 1 Findings, Conclusions and Decision ORD.B Page 6 of 195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 elementary school that is within walking distance of the plat, and sidewalks connect the plat to the school. The plat is in a Federal Way school district. In regard to the curve radius deviation, Ms. Chamberlain noted that many previous applications have requested this type of deviation. Wider radiuses cause smaller lots and make it more difficulty to meet density requirements. This is not a unique problem for this plat. The required curve radius would create a sweeping curve and infringe on lot sizes. The 333ft requirement would not allow a looped roadway. In regard to the driveway deviation, it allows more flexibility when determining the lot layout and grading. It also helps for placement of utilities. There is a provision in the design standards that allows the city engineer to approve these deviations as well during the building permit process. Applicant Testimony Maher Joudi, civil engineer for the project, testified that, in subdivisions with 50ft lots, homes are normally 40ft wide. The city's loft driveway spacing requires 1011 between driveway aprons. Driveway aprons are 5ft on either side, resulting in driveways in the middle of lots. These lots are not large enough for these driveway requirements, thus the applicant has made the deviation request. EXHIBITS The exhibits identified at p. 14 of the November 1, 2013 staff report are admitted into the record. Procedural: 1. Applic . PNW Holdings, LLC. 2. Hearing. A hearing was held on the application at City Council Chambers of Auburn City Hall on November 12, 2013, at 6:00 p.m. Substantive: 3. Site /Proposal Description. The proposed project is to subdivide approximately 19.30 acres into 56 single family lots with four tracts, associated storm drainage facilities, new public roads, open space tracts, landscaping, and right -of -way dedication on South 300th Street. The proposed subdivision is located at 6033 South 300th Street. Preliminary Plat p. 2 Findings, Conclusions and Decision Page 9 of 195 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The subject site is vacant and used to accommodate a single - family home that was demolished in 2008. The average lot area for the proposed lots is 8,227 square feet with the smallest lot having an area of 6,240 square feet. The minimum proposed lot width is 50 feet. The net site area used to calculate density, which excludes the site area specified in ACC 18.02.065(A) Methods of Calculating Density, is 11.19 acres. With 56 lots proposed, this yields a density of 5.09 dwelling units per net acre. The applicant has specifically requested the following modifications of standards be considered as part of the preliminary plat approval (Exhibit 9): 1) South 300th Street, not construct the center turn but accommodate the six -foot bike lane as required by the City's Comprehensive Transportation Plan, Figure 3- 4. 2) Construction of internal plat roads with a horizontal curve radius of 55 ft. rather than the Local Residential standard of 333 ft as required by City of Auburn Design Standards Table 10 -1.. 3) Driveway spacing for lots. The City Engineer concurs in all deviation requests. The deviation to the width of the residential collector is supported by staff, as the applicant does not propose to reduce the width of the residential collector, but proposes to eliminate the required center two -way left turn lane, in order to accommodate a six -foot bike lane. The applicant's traffic engineer provided documentation that the queue lengths for the intersection of South 300th Street and 61st Avenue South are negligible and does not warrant the two -way left center turn lane. A similar deviation request was granted for an adjacent subdivision, Wyncrest Division I, based on the same analysis. The turning movements into Wyncrest Division I are also low (based on the traffic analysis for that subdivision) and do not create an adverse impact. Staff notes that a six -foot bike lane is a higher priority for the City in accomplishing our non - motorized network. Also, not widening South 300th Street to include a two -way left center turn lane is consistent with the existing road further west and with 64th Avenue South to the north. The second deviation request is for the horizontal curvature minimum of 333 feet for a local residential street. Construction of the internal plat roads with a horizontal curve radius of 55 ft. is consistent with King County standards to which neighboring subdivisions were approved. The request is consistent with the character of right -of- way within the vicinity. Preliminary Plat p. 3 Findings, Conclusions and Decision Page 0 of 195 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The record does not identify what design standard is subject to the driveway deviation request. It appears that the standard at issue is Section 10.04.4.2 of the City of Auburn Design Standards. This standard requires residential driveways to be spaced at least ten feet apart as measured from the edge of the driveway aprons. The staff report and deviation request (Ex. 9) provide no justification for the driveway deviation request. The project engineer, Maher Joudi, testified that the fifty foot width of the subdivision lots is not wide enough to accommodate ten foot wide driveways, ten foot wide aprons (five feet on either side) and the ten foot separation requirement. However, there is nothing in the record to suggest that the 50 foot widths of the lots proposed for the project are unusual in the R -5 zone or in any way constitute special circumstances for that zone. Given the minimum densities required for the R -5 zone, it appears likely that 50 foot lot widths probably are not that unusual. Consequently, there are no special circumstances that justify the deviation request. Further, there does not appear to be any significant hardship associated with the ten foot spacing requirement since 10.04.4.2 specifically authorizes adjoining driveways to be merged if the spacing requirement is not feasible. 4. Characteristics of the Area. The subdivision is surrounded by detached single - family homes on the north, south and east and high school ball fields to the west. 5. Adverse Impacts. As conditioned, there are no significant adverse impacts associated with the proposal. There are only two critical areas on the site. One critical area is a portion of a Category 3 wetland and its associated buffer, which is fully contained and in Tract B. A wetland report, Ex. 12, concludes that the proposed subdivision will not adversely affect this wetland. The second critical area is groundwater, as the site is located in Groundwater Protection Zone 4. The City's critical area regulations provide adequate protection for the groundwater and this type of critical area resource. In Ex. 6, Sally Cowan wrote a comment letter expressing concern over high density development and the proposed stormwater facility. The high density of the proposal is required for the R -5 zone and encouraged by the Growth Management Act, Chapter 36.70A RCW. Stormwater facility design is extensively regulated by the City's stormwater manual and there is nothing in the record to suggest that the stormwater manual will fail to adequately govern design for this proposal. 6. Adequacy of Infrastructure and Public Services. The proposal will be adequately served by public infrastructure. In general, the streets, sidewalks, storm drainage facilities, and sewer mains will be required to meet the City's development standards during engineering review and shall be required to meet and implement those standards prior to final plat approval. These facilities will be reviewed as part of the facility extension, grading, and civil plans to be submitted by the applicant. Compliance with City development standards presumptively provides for adequate design of public facilities. The following more specifically addresses other infrastructure and public service issues: Preliminary Plat p. 4 Findings, Conclusions and Decision ORD.B Page 1 of 195 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Water and Sewer. The subject property is within the Lakehaven Utility District. Water and Sewer service is provided by Lakehaven. Water and Sewer availability certificates have been submitted as part of the preliminary plat application (Exhibit 16). B. Transportation. The level of service (LOS) for the intersections in the vicinity of the project are within the LOS standards for the City of Auburn. Frontage improvements and internal roads are designed to meet City design standards and accommodate the transportation needs created by the proposal. The applicant has completed a Traffic Impact Analysis (TIA) for the proposed project. The TIA was prepared by TraffEx dated April 17, 2013 with revisions dated July 18, 2013. The City's traffic division has reviewed and accepted the TIA. The proposed project will add 42 am peak hour trips, 57 pm peals hour trips, and 536 average weekday trips. (Exhibit 11) The proposal fronts one road, South 300"' Street. South 300th Street is designated as a Residential Collector, Type 1. Dedication along the South 300th Street varies as the road curves and the north property line of the subject property is not straight. The right -of -way dedication varies from 4 feet to 30 feet and achieves the City of Auburn Engineering Design Standard for Residential Collectors, Type 1. Construction of half- street improvements to the Residential Collector standard is required to maintain neighborhood continuity and cohesiveness by matching the frontage improvements across from the site on South 300th Street. The existing 60 foot right -of -way is sufficient to accommodate the half-street improvements, curb, gutter, landscape strip, and sidewalk per the City's standards. Pursuant to the City's Comprehensive Transportation Plan, a six -foot bike lane is required. In order to accommodate the bike lane, the applicant is seeking a deviation to eliminate the center turn lane from South 300th. The bike lane will be located on the South 300th Street frontage, which is designated as part of a future Class 2 or Class 3 bicycle route in the Comprehensive Transportation Plan. The internal plat roads are proposed to be public rights-of-way providing access to the project's lots. It is to be dedicated and constructed to the City of Auburn Engineering Design Standard for Local Residential Streets. A deviation to the minimum horizontal curve radius of 333 feet is sought and proposed to be 55 feet. C. Sidewalks. All new internal roads and all street frontages will be developed with sidewalks on both sides of the street. As noted below, the sidewalks of the project will connect to existing sidewalks that provide for safe walking conditions to and from the Meredith Hills Elementary School. D. Schools. Adequate provisions are made for schools through the payment of school impact fees at the time of building permit issuance. The project is served by the Federal Way School District. Meredith Hills Elementary School is located about 500 feet from the project site. Enrollment has been declining for this Preliminary Plat p. 5 Findings, Conclusions and Decision Page P2 of 195 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 school. A proposed sidewalk on the south side of South 300"' St. will connect the project site into an existing sidewalk that leads to a crosswalk that connects directly into Meredith Elementary School. Children will apparently be bussed to all other schools that serve the project site. E. Parks. Adequate provisions for parks are made through the payment of park impact fees at the time of building permit issuance for each lot or deferred per Ordinance No. 6455. In addition, the applicant has elected to pay a fee in lieu of parlt land dedication in the amount of $158,311. A dedication of park land would otherwise be required because ACC 17.14.100 requires dedication of park land for subdivisions with 50 or more lots. The amount of park space required for the proposal is based upon level of service standards set out in the Auburn Park and Recreation Plan and applied as detailed in Ex. 18. The applicant is providing some open space within the project, Tract C, however, the square footage does not meet the minimums required for ACC 17.14.100. As authorized by PR -2 of the Auburn Comprehensive Plan, the applicant has elected to provide a fee in -lieu of park space within the subdivision. Ex. 18 suggests that a credit for any parkland provided in the subdivision should be provided. The conditions of approval recommended by staff have been modified to accommodate this right to a credit, given that Tract C may qualify as park property. F. Drainage. Stormwater management, drainage, and erosion control will be adequately provided consistent with the ACC 13.48 Storm Drainage Utility, ACC 15.74 Land Clearing, Filling, and Grading, the City's 2009 Surface Water Management Manual (SWMM), and any other applicable City standards. At the facility extension review stage (civil plan review), additional detail will be required to show that the storm drainage facilities meet the City's design standards. The project will drain to the storm detention and water quality pond located in proposed Tract A (Exhibit 4) at the northeast portion and lowest point of the Site. Stormwater outfall from the storm pond. will be released near the northeast corner of the project site, which would flow eastward. This is consistent with the SWMM Minimum Requirement #4 for New Development and Redevelopment, which requires that natural drainage patterns be maintained. G. Fire. Adequate provision of fire protection is made through the payment of fire impact fees at the time of Building Permit issuance for each lot or deferred per Ordinance No. 6455 and consistency with the City of Auburn Engineering Design Standards and the 2012 International Fire Code (IFC) for fire hydrant placement. Preliminary Plat p. 6 Findings, Conclusions and Decision Page 163 of 195 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner. ACC 17.10.050 grants the Hearing Examiner with the authority to review and make a final decision on an application for preliminary plat. ACC 17.18.010(A) grants the Hearing Examiner with the authority to approve modifications to the City's Design Standards with the concurrence of the City Engineer. Substantive: 2. Zoning Designation. R -5 Residential. 3. Review Criteria and Application. ACC 17.06.070 governs the criteria for preliminary plat approval. ACC 17.18.030 governs the criteria for Design Standard deviations. Relevant criteria are quoted below with corresponding conclusions of law. Preliminary Plat Standards: ACC 17.07.070(A): Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and sites.for schools and school grounds. 4. As identified in Finding of Fact No. 6, the proposal is adequately served by all public services and utilities required in the criterion above. As further determined in Finding of Fact No. 5 there are no adverse impacts associated with the proposal. Given the absence of any adverse impacts in conjunction with adequate public facilities, it is concluded that adequate provision is made for the public health, safety and welfare. ACC 17.07.070(B): Conformance of the proposed subdivision to the general purposes of the Comprehensive Plan. 5. The staff's analysis of consistency with the comprehensive plan at pages 6 -8 of the staff report is adopted and incorporated by this reference as if set forth in full. ACC 17.07.070(C): Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans that have been adopted by the City Council. Preliminary Plat p. 7 Findings, Conclusions and Decision ORD. Page 4 of 195 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 -01] 21 22 23 24 25 6. The staff's analysis of consistency with any other applicable plans or policies at pages 8 -9 of the staff report is adopted and incorporated by this reference as if set forth in full. ACC 17.07.070(1)): Conformance of the proposed subdivision to the general purposes of'the Land Division Ordinance as enumerated in ACC Section 17.02.030. ACC 17.02.030: The purpose of this title is to regulate the division of land lying within the corporate limits of the city, and to promote the public health, safety and general welfare and prevent or abate public nuisances in accordance with standards established by the state and the city, and to: A. Prevent the overcrowding of land; B. Lessen congestion and promote safe and convenient travel by the public on streets and highways; C. Promote the effective use of land; D. Provide for adequate light and air; E. Facilitate adequate provision for water, sewerage, drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements; F. Provide for proper ingress and egress; G. Provide for the expeditious review and approval of proposed land divisions which comply with this title, the Auburn zoning ordinance, other city plans, policies and land use controls, and Chapter 58.17 RCW; H Adequately provide for the housing and commercial needs of the citizens of'the state and city; I. Require uniform monumenting of land divisions and conveyance by accurate legal description; J. Implement the goals, objectives and policies of the Auburn comprehensive plan; K. Prevent or abate public nuisances. 7. The proposal is consistent with the purposes of the Land Division Ordinance as enumerated above. The roads designed for the proposal are safely designed to meet traffic demand and sidewalks on both sides of the subdivision street promote pedestrian safety. Applicable zoning setbacks provide for adequate light and air. The proposal does not result in overcrowding as it proposes a density within the range required by the underlying zone. As previously discussed, the proposal is consistent with and implements the Auburn Comprehensive Plan. As previously determined the proposal is adequately served by all essential public facilities and it is consistent with the comprehensive plan. As conditioned the final plat development will require uniform monumenting of new lots and conveyance by accurate legal description. Preliminary Plat P. 8 Findings, Conclusions and Decision ORD.B Page 4 of 195 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ACC 1.7.07.070(E): Conformance of the proposed subdivision to the Auburn Zoning Ordinance and any other applicable planning or engineering standards and specifications as adopted by the City. 8. The proposed proposal meets the bulk and dimensional standards of the R5 district as outlined at p. 11 of the staff report, adopted by this reference as if set forth in full, excluding the staff conclusion that the proposal doesn't meet minimum average lot size. The 8,227 square feet average lot size of the proposal meets the 8,000 minimum average lot size required for the R5 zone. ACC 17.07.070(F): The potential environmental impacts oj' the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse efject upon the quality of the environment. 9. As determined in Finding of Fact No. 5 there are no signfcant adverse impacts associated with the proposal. ACC 17.07.070(G): Adequate provisions are made so the preliminary plat will prevent or abate public nuisances. 10. As determined in Finding of Fact No. 5, there are no significant adverse impacts associated with the proposal. Consequently, no public nuisance is anticipated. DEVIATIONS (Conclusions include findings of fact) ACC 17.18.030(A): Such modification is necessary because of special circumstances related to the size shape topography location or surroundings of the subject property to provide the owner with development rights and privileges permitted to other properties in the vicinity and in the zoning district in which the subject property is located. it. Special circumstances support the center lane deviation because of the moderately unique need for a bicycle lane coupled with the absence of any need (as confirmed by the traffic report) for a center turn lane. Special circumstances support the curve radius deviation because the shape of the subdivision parcel could not accommodate a looped roadway system with the required curve radius, thus making it impossible to provide road access to all the lots that are required by the minimum densities applicable to the project. As discussed in FOF No. 3, there are no special circumstances that justify the driveway spacing deviation. ACC 17.18.030(B): That because of such special circumstances the development of the property in strict conformity with the provision of this title will not allow a reasonable and harmonious use of the property. 12. Without the center lane deviation, the applicant would have to provide for right of way that is wider than required by City code in order to accommodate a Preliminary Plat P. 9 Findings, Conclusions and. Decision ORD.B11 Page P6 of 195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 center turn lane that is unnecessary for the project area. Such a requirement is not reasonable. Without the curve radius deviation, the applicant would not be able to provide internal road access that serves all the lots required by the minimum density of the R5 district. Such a requirement is not harmonious or reasonable. There is nothing in the record to suggest that denial of the driveway spacing deviation would prevent reasonable and harmonious development of the property for the reasons discussed in FOF No. 3. ACC 17.18.030(C): That the modification if granted will not alter the character of the neighborhood or be detrimental to surrounding properties in which the property is located 13. Staff testified and wrote in the staff report that the deviation requests would be consistent with surrounding development, much of which was done under King County regulations that differ from those of Auburn. There is no information in the record on the spacing of driveways in neighboring projects. Since staff supports the deviation requests, it is presumed that the proposed deviations would not be detrimental to surrounding properties. Further, staff have determined that a center lane is not necessary to safely and efficiently accommodate traffic. ACC 17.18.030(D): Such modification will not be materially detrimental to the implementation of the policies and objectives of the comprehensive land use circulation and utility plans of the city 14. The deviations approved by this decision are safe and necessary for the reasonable use of property. There is no comprehensive plan policy that is inconsistent with the proposed deviations. ACC 17.18.030(E): Literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. 15. As previously noted, the deviations approved by this decision are consistent with surrounding development patterns and their denial would prevent reasonable use of the project property. ACC 17.18.030(F): The approval of the modification will be consistent with the purpose of this title 18. The approvals of the modifications are consistent with the purpose of the subdivision code as detailed in ACC 17.02.030 because they maintain safety in access and continuity in street improvements. ACC 17.18.030(G): The modification cannot lessen the requirements of the zoning ordinance. Preliminary Plat P. 10 Findings, Conclusions and Decision ORD.B11 Page �7 of 195 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 -phi 22 23 24 25 19. The modifications do not violate any Zoning Ordinance provisions. DECISION The proposed preliminary plat, as described in this decision and in Ex. 1, 3 and 4, is approved subject to the following conditions below. The requested deviations to curve radius and centerline requirements are also approved. The requested deviation to driveway spacing is denied. A financial performance security meeting the requirements of ACC 16.10.13013 for the wetland buffer mitigation site will be required to be in place prior to issuance of permit approvals for ground disturbing work. The amount of the performance security shall equal 125 percent of the cost of construction, maintenance, and monitoring the mitigation project for the length of the monitoring period. 2. Pursuant to ACC 16.10.090E.1(f), Long -term protection of a regulated wetland and its associated buffer shall be provided by the designation of a separate tract on which development is prohibited, and protected by execution of an easement dedicated to the City. The easement shall grant the City access to on -site mitigation areas for the purposes of monitoring, maintaining, preserving, and enhancing the on -site wetland and associated buffer areas. The location and limitations associated with the wetland and its buffer shall be shown on the face of the final plat and shall be recorded with the appropriate county jurisdiction. 3. Roads twenty eight feet (28') in width must be posted no- parking on one side of the street only to provide minimum fire apparatus access. This must be shown on the civil plans, review, and approved prior to issuance of a facility extension. 4. The temporary cul -de -sac must be posted no- parking around its entire perimeter to provide fire apparatus turnaround. This must be shown on the civil plans, review, and approved prior to issuance of a facility extension. The emergency access road will need to have a separate easement granted to the Valley Regional Fire Authority since the road crosses Tracts C and D that will most likely be owned and maintained by the future Homeowner's Association. The easement documents will need to be completed and reviewed by the City prior to final plat approval but can be recorded with the final plat document. If the emergency access road will have a gate then a Knox system must be utilized. 6. Lots 7 and 8 must be within 450 feet of a fire hydrant or have fire sprinklers installed to maintain the 20 foot width of the access tract. This shall be shown and addressed as part of the civil plan review process and approval. 7. As part of the frontage improvements required along South 300th Street, 3 inch conduit is required to be installed as well and must be shown on the civil plans. 8. Whenever any right of way landscaping in the City of Auburn has been improved, including but not limited to the planting of shrubs, plants, grass, or other landscaping improvements, the duty, burden, and expense of maintenance, Preliminary Plat P. 11 Findings, Conclusions and Decision ORD.B1 Page �8 of 195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 watering, and general upkeep of such landscaping shall devolve upon to the owner of the private property directly abutting the sidewalk adjacent to the landscaped area or abutting the landscaped area. 9. The storm pond design will need to be revised in order to remove the uninterrupted, linear configuration along the east side. The applicant's engineer will revise the footprint to add curvature along said side to avoid the long, linear design as currently proposed. 10. A forest practice permit for the project must be obtained from the Department of Natural Resources prior to the issuance of any ground disturbing related permits, if required. 11. In lieu of providing dedicated park land within the subdivision to meet ACC 17.14.100, the applicant is responsible for a fee in -lieu amount of $158,311 to be paid prior to final plat approval. Staff may off -set this fee to the extent that any property on the preliminary plat is dedicated for park/recreational purposes and such an off-set is authorized by City policies and standards. 12. The plat modification related to South 300th Street and not requiring a center two -way left turn is approved. 13. The plat modification related to the construction of internal plat roads with a horizontal curve radius of 55 ft. is approved subject to meeting all other standards for local residential streets in the Auburn Design Standards. 14. The plat modification related to driveway spacing as proposed on the site plans received on August 6, 2013 (Exhibit X) is conditionally approved. Modifications to driveway spacing may be needed as the road design and grading is more refined during civil review. 15. Prior to the issuance of the final plat the applicant shall show evidence of uniform monumenting of lots and conveyance by accurate legal description. Dated this 27th day of November, 2013. Phil A 01biea ht City of Auburn Hearing Examiner Appeal Right and Valuation Notices decision is final subject to appeal to superior court as governed by Chapter 36.70C Preliminary Plat p. 12 Findings, Conclusions and Decision ORD.B Page 9 of 195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 property owners may request a change in valuation for property tax purposes anding any program of revaluation. Preliminary Plat p. 13 Findings, Conclusions and Decision ORD.B Page 0 of 195 1, ry, () i, " . ... . ...... r ,,y AGENDA BILL APPROVAL FORM Administrative Recommendation: City Council adopt Resolution No. 5154. Background Summary: Resolution No. 5154 authorizes the Mayor to execute Contract No. 15 -11 with Ferguson Waterworks for implementation of Meter and Billing System Improvements Project using Advanced Metering Infrastructure (AMI). The Meter and Billing System Improvement Project was included in the 2012 with the objectives of: • Reviewing the City's current metering and billing system, including the possible use of AMI. • Identifying metering system options, inclusive of full system integration requirements, backhaul /data processing requirements, and system conversion /implementation issues. • Identifying other western Washington utilities who have implemented similar systems. • Presenting a range of alternatives, in the context of a business case and cost - effectiveness framework. • Identifying a preferred direction regarding implementation of system improvements. The potential benefits of an AMI system include: • more efficient meter reading • more efficient billing • reduction in O &M and vehicle fleet costs • early leak detection and customer notification • more accurate water usage data RES.A AUBURN * MORE THAN YOU IMAGINED Page 71 of 195 • water use pattern and trend data for water system management and demand forecasting tamper and reverse flow detection remote connect /disconnect and flow limiting meters customer access to their usage data via the internet In 2014, staff completed the evaluation of AMI products of four vendors for the ability of those products to integrate well with the City's existing billing system, to provide user - friendly customer access to their water usage, and to meet the needs of customer billing and maintenance. Staff identified Ferguson Waterworks, the local supplier for Sensus, as the most qualified vendor, and negotiated the attached agreement, scope of work, and project cost with Ferguson for consideration of approval by the City Council. At the July 13, 2015 Council Study Session, there were requests for additional information to be provided prior to the Council's consideration of the agreement. Staff is preparing the requested information and will provide this to the Council for review by July 17th. After review, should Councilmembers have any additional questions or comments prior to the July 20th City Council meeting, please direct them to Mayor Backus and Kevin Snyder so that staff can assemble the appropriate response prior to the meeting. Reviewed by Council Committees: Councilmember: Staff: Snyder Meeting Date: July 20, 2015 Item Number: RES.A RES.A AUBURN * MORE THAN YOU IMAGINED Page 72 of 195 and RESOLUTION NO. 5 1 5 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO AWARD AND EXECUTE AN AGREEMENT WITH FERGUSON WATERWORKS FOR IMPLEMENTATION OF CONTRACT NUMBER 15 -11 FOR PROJECT CP1317, METER AND BILLING SYSTEM IMPROVEMENTS PROJECT WHEREAS, the City desires to improve its meter reading and billing efficiency; WHEREAS, the City Council of the City of Auburn has reviewed the meter and billing system improvements using advanced metering infrastructure (AMI) project; and WHEREAS, the City of Auburn and Ferguson Waterworks have negotiated a contract for automated meter reading software and equipment installation, with terms acceptable to the parties. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn is hereby authorized to execute an Agreement between the City of Auburn and Ferguson Waterworks for Project Number CP1317, Contract Number 15 -11, Meter and Billing System Improvements Project, which agreement shall be in substantial conformity with contract attached hereto as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 5154 June 29, 2015 Page 1 of 1 RES.A Page 73 of 195 Section 3. signatures hereon. This resolution shall be in full force and effect upon passage and Dated and Signed this day of 2015. CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk m 11 w fi • Resolution No. 5154 June 29, 2015 Page 2 of 2 RES.A Page 74 of 195 Automated Meter Infrastructure System Equipment and Services Contact Between City of Auburn and Ferguson EXHIBIT A CONTRACT Contract No. 15.11 THIS CONTRACT ( "Contract ") by and between City of Auburn, Washington ( "City "), a municipal corporation, and Ferguson Enterprises, Inc. aka Ferguson Waterworks, a registered contractor in the State of Washington, Contractor No. FERGUE1976RW with a place of business at 24025 Woodinville Snohomish Road in Woodinville, WA 98072 ( "Ferguson" or "Supplier ") (individually a "Party" and collectively the "Parties ") is effective upon the later date of execution of this Contract by the City and Supplier ( "Effective Date ") WITNESSETH: WHEREAS, the Supplier has represented to the City it has the specialized expertise and experience necessary to properly provide the Equipment and Implementation Services for a fully functioning Automated Meter Infrastructure (AMI) System, as further defined and required by this Contract, in a timely manner and that its proposal includes all of the functions and features required for the Equipment and Implementation Services; and WHEREAS, the City has accepted the Supplier's offer to provide the Equipment and Implementation Services in accordance with the Contract Documents as defined herein; NOW THEREFORE, in consideration of the terms and conditions set forth herein, the Parties agree as follows: Ferguson shall supply and the City shall purchase a complete system as described in this Contract, the Attachments, and other documents referenced herein and incorporated in this Contract by reference as if full restated herein. The terms and conditions of this Contract are set forth in the following Contract Documents, each of which is attached hereto and are made part of the Contract by this reference in the following order of precedence: Future Contract Amendments /Change Orders; This Contract Contract Attachments; RES.A Page 75 of 195 City of Auburn Nancy Backus, Mayor Date Signed: ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM Daniel B. Heid, City Attorney 2 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson Ferguson Enterprises, Inc. NAME, TITLE Date Signed: RES.A Page 76 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson CONTRACT Contract No. 15.11 TABLE OF CONTENTS DEFINITIONS OF WORDS AND TERMS SECTION 1, STANDARD CONTRACTUAL TERMS AND CONDITIONS SECTION 2. ADDITIONAL CONTRACT TERMS AND CONDITIONS SECTION 3. INSURANCE REQUIREMENTS SECTION 4. SPECIFICATIONS SECTION 5. ADD/DEDUCT PRICING SECTION 6, PERMITS AND LICENSES ATTACHMENT A SCOPE OF SERVICES ATTACHMENT B PRICING MATRIX ATTACHMENT C SENSUS AMI BASE TERMS ATTACHMENT D CONTRACT SCHEDULE ATTACHMENT E EQUIPMENT WARRANTY ATTACHMENT F INSURANCE CERTIFICATIONS AND ENDORSEMENTS ATTACHMENT G CONTRACT BOND ATTACHMENT H PREVAILING WAGE RATES 3 RES.A Page 77 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson DEFINITION OF WORDS AND TERMS Words and terms shall be given their ordinary and usual meanings. Where used in the Contract Documents, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine, feminine and neuter of the words and terms. Acceptance or Accepted: Written documentation of the City's determination that the Supplier's work has been completed in accordance with the Contract. AMI: Automated Meter Infrastructure. For purpose of these Contract Documents, this refers to the AMI system provided by Sensus Metering Systems, consisting of all FlexNet system components, tower gateway base stations, regional network interface, meter transmitters, installation tools and equipment, licensed software (including Sensus' Logic), and all other related components. Available Meter: A City meter connected to a fully functioning meter transmitter (also known as an endpoint or SmartPoint), that is used in calculating the read rate during a Billing Window. An available meter satisfies all of the following criteria: a. It is installed in compliance with the procedures and specifications approved by and provided to the City in writing by the Supplier. b. It functions properly, is not damaged, and does not fail to transmit meter reading information during a Billing Window. c. It is serviced by a TGB, FNP, or other network equipment that has not been subjected to a power failure greater than eight (8) continuous hours during a Billing Window. d. Neither it, nor the TGB, FNP, or any other network equipment that serves that meter has been affected by a Force Majeure event. e. Interference or jamming of the radio spectrum is not preventing or interfering with radio communication to or from the meter transmitter, provided the Supplier is diligently working to effect a cure and provides a weekly status report. f. It is installed in a mutually agreed upon coverage area of the City, as defined in the Supplier's propagation study. g. It has not been reported by the City under the maintenance service agreement with the Supplier, unless the Parties agree that the reason for the report was resolved before the Billing Window opened or that the meter is functioning normally. h. Its functioning or performance has not been adversely affected by a failure of the City to perform its obligations or tasks for which it is responsible, or to properly maintain network equipment owned by the City. Billing Window: A three to four day period beginning one to two days prior to, and ending two days following, the City's preferred billing day for a particular meter. Chan a Documentation: A written document agreed upon by the Supplier and the City, which if it creates a 4 RES.A Page 78 of 195 Automated Meter Infrastructure System Equlpment and Services Contract Between: City of Auburn and Ferguson material change to the Contract terms or Specifications shall be executed as a Change Order. Change Order: A written change to the Contract modifying, deleting or adding to the terms, conditions, or scope of work, signed by the City and the Supplier with or without notice to the sureties. Commissioning Period: The period beginning with training and concluding with performance testing and final acceptance. Contract or Contract Documents: The writings and drawings embodying the legally binding obligations between the City and the Supplier for completion of the Work under the Contract. Contract Price: The total amount payable by the City to the Supplier for performance of the Work in accordance with the Contract. Contract Schedule. The schedule for the Supplier's provision of the Equipment and Services, and attached as Attachment D. Contract Time: The total time for the Supplier to perform the Work as set out in the Contract Schedule. Day: Calendar day. Cam: City of Auburn, as the party contracting with the Supplier to receive the Equipment and Services or the Work under this Contract. Documentation: Technical publications relating to the use of the software or services to be provided by the Supplier under this Contract, such as reference, user, installation, systems administration and technical guides, delivered by the Supplier to the City, Equipment and Implementation Services: The furnishing of materials, equipment, custom software, consulting, design, labor, time and effort by the Supplier during the installation and initial operation of the supplied AMI system during the contract term. Ferguson or The Supplier: The corporation contracting with the City to provide the Equipment and Services or perform the Work under this Contract. Final Acceptance: The date as of when the City acknowledges that the Supplier has performed the Work through installation as defined in Section 2.10 herein. FlexNet: The AMI system provided by Sensus Metering Systems. FlexNet Network Portal (FNP): Also referred to as a repeater. A pole- mounted unit with simple store and forward capability that communicates directly to a TGB. Force Maieure,: Means an event that is unforeseeable as of the Effective Date and that is beyond the reasonable control of the Supplier and the City and is limited to: • Natural disasters declared by the governor of Washington or President of the United States, 5 RES.A Page 79 of 195 Automated Meter Infrastructure System Equip mentand Services Contract Between City of Auburn and Ferguson including but not limited to earthquakes; • Acts or omissions of any government entity acting within its governmental capacity; • Fire or other casualty for which the Supplier or its Subcontractors and/or suppliers are not responsible; • Quarantine or epidemic; • Strike or defensive lockout; • Inability to obtain materials, including delays of carriers, contractors, or suppliers, and • Unusually Severe Weather Conditions. Meter Transmitter: Also referred to as a transmitter unit, an endpoint, or a Sensus SmartPoint. The radio transmitter installed at a given meter location to transmit information from the meter register to the FlexNet system. Person: Includes individuals, associations, firms, companies, corporations, partnerships, and joint ventures. Pro 'ec,t Manager: The individual designated by the City or the Supplier, as applicable, to manage the project on a daily basis and who may represent the City or the Supplier respectively for Contract administration. Provide: Furnish without additional charge. RCW: The Revised Code of Washington. Regional Network Interface RNI : Equipment and Sensus' Logic software used to gather, store, and report data collected from meter transmitters and TGBs that are part of the FlexNet system. The Logic software operates on the RNI. Scope of Work: The Scope of Work to be completed by Ferguson is defined in the Contract Documents referenced herein including but not limited to Attachment A Scope of Services. Ferguson agrees to provide and deliver a complete Automated Meter Infrastructure System and Meter Replacement solution subject to the terms of this Contract. Subcontractors: A subcontractor shall mean an individual, firm, partnership, or corporation having a contract, purchase order, or agreement with the Supplier, or with any Subcontractor of any tier for the performance of any part of the Contract. When the City refers to Subcontractor(s) in the Contract Documents, for the purposes of the Contract Documents and unless otherwise stated herein, the term "Subcontractor(s)" includes, at every level and /or tier, all subcontractors, sub - consultants, suppliers, and materials men. The Supplier shall identify all Subcontractor's that the Supplier proposes to perform any portion of the Work which shall be subject to the City's prior written approval, such approval to be given in the City's sole discretion. Ferguson is responsible for all work performed by its subcontractors and others performing work. The City assumes no contractual responsibility or duties to Ferguson's subcontractors, suppliers, sub - consultants or materials men unless otherwise specifically assumed under the Contract C RES.A Page 80 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson Documents. Supplier: Ferguson Enterprises, Inc, aka Ferguson Waterworks City Specifications: A section of the Contract consisting of written descriptions of Services to be performed, or the Equipment to be provided or the technical requirements to be fulfilled under this Contract and the Contract Documents, Touch Coupler: An inductive coupler connection from a water meter register to the meter transmitter. Tower Gateway Basestation (TGB): The hardware, firmware, and software installed at a tower site and used to communicate by radio with meter transmitters and the RNI. Unread Meter: Any available meter that is not read by the FlexNet system during a Billing Window. Work: Everything to be provided and done for the fulfillment of the Contract and shall include all Equipment, software, hardware and services specified under this Contract, including Change Orders, also referred to as "Equipment and Services." 7 RES.A Page 81 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson SECTION 1. STANDARD CONTRACTUAL TERMS AND CONDITIONS 1.1. Contract Administration and Contract Assignment This Contract is between the City and the Supplier who shall be responsible for providing the Work described herein, The Supplier represents that it has or shall obtain all personnel, materials and equipment required to perform the Scope of Work hereunder, including but not limited to that set forth in the Scope of Services, attached as Attachment A. The Supplier's performance under this Contract shall be monitored and reviewed by a Project Manager appointed by the City. Reports and data required to be provided by the Supplier shall be delivered to the Project Manager. Questions by the Supplier or its Subcontractors regarding interpretation of the terms, provisions and requirements of this Contract shall be addressed to the Project Manager for response, The City may purchase any supplemental units pursuant to the Pricing Matrix found in Attachment B through the term of the contract. Such additional units will be purchased using purchase orders in accordance with Subsection 2.6. 1.2. Contract Changes At any time before completion and Final Acceptance of the Work, the City shall have the right to order in writing the omission or addition of Work, or otherwise order changes or alterations in the Work required to be performed by the Supplier, and reasonable deductions or increases shall be made in Contract Price for such omissions, additions, changes or alterations in the Work, time for completion or Contract Price; but no such omissions, additions, changes or alterations shall be made by the Supplier, or paid for by the City, unless and until authorized by the City in writing by Change Order, If the Supplier objects to or otherwise disagrees with any Changer Order, the Supplier shall so notify the City's Project Manager in writing within fifteen (15) days of the date of such modification, submitting with such notification a claim of equitable adjustment. If the Supplier fails to so notify the City as provided herein, such modification shall be final and accepted by the Supplier and shall become part of the Contract between the Parties, The City will ordinarily respond to such claim within fifteen (15) days, but the City's failure to respond shall be deemed a denial and the Supplier may make a claim pursuant to Section 1.14. 1.3. Taxes, Licenses, and Certificate Requirements Each Party agrees to comply with all applicable federal, state and local laws, regulations, ordinances, and orders and to promptly pay when due all taxes and contributions to trust funds, The City may require certificates from federal, state, local or private bodies showing that all obligations are current and not delinquent and, in the event the City is held liable to pay any such taxes or contributions; the Supplier agrees to supply the City with all records necessary to compute the same and to fully reimburse the City upon demand for the amount (including penalties and interest) paid by the City, and the City shall have the right to offset any amount so paid against any sums due the Supplier hereunder. RES.A Page 82 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson 1.4. Termination for Default or Convenience A, Termination for Default 1. The City may terminate the Work, or any part of it, for cause upon the occurrence of any one or more of the following events: a, The Supplier fails to prosecute the Work or any portion thereof with sufficient diligence to reasonably ensure completion of the Work by the applicable Contract milestones as set forth in Attachment D; b, The Supplier is adjudged bankrupt, makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; c. The Supplier fails in a material way to repair, replace or correct work not in conformance with the Contract; d. The Supplier repeatedly fails in a material way to supply skilled workers, or proper services, materials or equipment; e, The Supplier repeatedly fails to make prompt payment to its employees or subcontractors; f. The Supplier materially disregards or fails to comply with laws, ordinances, rules, regulations, permits, easements or orders of any public authority having jurisdiction; g. The Supplier fails to materially comply with all reasonable safety requirements proposed in writing by the City; or h. The Supplier is otherwise in material breach of any provision of the Contract. 2. If the City reasonably believes that one of the aforementioned events has occurred, the City will provide the Supplier with written notice of its intent to terminate the Contract for default ( "Notice of Default "), specifying the ground(s) for termination. The City, following communications with Supplier, shall require the Supplier, at the Supplier's sole expense, to either, (a) within fifteen (15) days of the date of notice of default, correct, (or be making reasonable progress toward correcting, the deficiencies noted in the City's "Notice of Default "; or (b) within ten (10) days of the date of notice of default, provide the City with a written corrective action plan as to how such deficiencies will be remedied or cured in a timely fashion. However, if after receipt of the proposed remedy, the City reasonably concludes that the Supplier has (a) failed or is unwilling to repair, replace or correct the deficiencies, or (b) failed or is unwilling to provide a reasonable and satisfactory corrective action plan, the City shall thereafter have the right to terminate some or all of the Work for default. The Supplier shall receive written notice of the termination ( "Notice of Termination "). 3. Upon termination, the City may finish the Work by whatever commercially reasonable method it deems reasonably expedient. 4. Upon Termination for Default, the Supplier shall be liable for all direct and substantiated reasonable costs to correct and complete the Work. 9 RES.A Page 83 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson 5. In the event of Termination for Default, the City shall only pay the Supplier for the Work successfully completed prior to the date of termination and accepted by the City. The City shall not be responsible for any other the Supplier costs, expenses, or damages including any consequential, special, or incidental damages or lost profits associated with the Contract. In no event shall the City reimburse the Supplier for any costs directly or indirectly related to the cause of the Termination for Default. 6. If, after Termination for Default, it is determined that the Supplier was not in default, the rights and obligations of the Parties will be the same as if the termination had been issued for the convenience of the City. 7. Termination for Default of some or all of the Work shall not relieve Supplier of its obligations under the Contract for Work installed by Supplier prior to such termination including the requirement that the Work be installed and supplied in accord with the Contract Documents. In addition, Termination for Default shall not relieve the Supplier's surety for any liability or obligations under its payment or performance bonds. 8. Unless otherwise provided under the terms of this Contract, the parties mutually waive all claims against each other for punitive, special, incidental, or consequential damages arising from or related to this Contract. B. Termination for Convenience 1. Upon five (5) days written notice to the Supplier, the City may terminate the Work, or any part of it for the convenience of the City. 2. If the City terminates the Work or any portion thereof for convenience, the Supplier may make a request for adjustment and payment for: a. Reasonable direct costs and reasonable profit and overhead for all acceptable Work completed prior to the effective date of the termination and not previously paid for by the City together with unavoidable material and equipment charges related to the termination; the Supplier shall not be entitled to any other costs or damages; provided, in no event shall the total sum payable upon termination for convenience exceed the adjusted total Contract Price (including all approved change orders) stated in Subsection 2. 1, as reduced by prior payments. C. The Supplier's Obligations During Termination Unless the City directs otherwise, after receipt of a written notice of Termination for Default or Termination for Convenience, the Supplier shall promptly: 1. Stop performing Work on the date as specified in the notice of termination; 2. Place no further orders for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work not terminated; 10 RES.A Page 84 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson 3. To the extent permitted, cancel all orders upon terms acceptable to the City, to the extent that they relate to the performance of the terminated Work; 4. To the extent permitted, assign as specifically requested by the City all of the rights, title, and interest of the Supplier in all orders. 1.5. Laws and Venue In the event that either Party shall bring a lawsuit or action related to or arising out of this Contract, such lawsuit or action shall be brought in the Superior Court, King County, Washington. This Contract shall be governed by, and construed and enforced in accordance with the laws of the State of Washington. 1.6. Independent Status of the Supplier In the performance of this Contract, the Parties shall be acting in their individual, corporate or governmental capacities and not as agents, employees, partners, joint ventures, or associates of one another. The Parties intend that an independent contractor relationship shall be created by this Contract. The employees or agents of one Party shall not be deemed or construed to be the employees or agents of the other Party for any purpose whatsoever. The Supplier shall not make any claim of right, privilege or benefit, which would accrue, to an employee under chapter 41.06 RCW or Title 51 RCW against the City. 1.7. Non - disclosure of Data Data provided by or to the City either before or after the Effective Date of the Contract shall only be used for its intended purpose. The City, Supplier and Subcontractors shall not utilize nor distribute the supplied data in any form without the prior express written approval of the other parties to the agreement subject to disclosure that may be required by the Public Disclosure Act or other judicial and quasi judicial disclosure as required by law, If a disclosure is required by law, the party required by law to disclose the data shall notify the other parties of the request and allow the other parties to the Contract ten (10) days to take whatever action deemed necessary to protect their interests. If the other parties to the Contract fail to take such action within said period, the party required by law to disclose shall release the data, 1.8. Non - disclosure Obligation While performing the Work under this Contract, the Supplier may encounter personal information, licensed technology, software, documentation, drawings, schematics, manuals, data and other materials described as " Confidential," "Proprietary," or "Business Secret." The Supplier shall not disclose or publish the information and material received or used in performance of this Contract. This obligation is perpetual. The Contract imposes no obligation upon the Supplier with respect to confidential information which the Supplier can establish that: (i) was in the possession of, or was rightfully known by the Supplier without an obligation to maintain its confidentiality prior to receipt from the City or a third party; (ii) is or becomes generally known to the public without violation of this Contract; (iii) is obtained by the Supplier in good faith from a third party having the right to disclose it without an obligation of confidentiality; or, (iv) is independently developed by the Supplier without the participation of individuals who have had access to the City's or the third party's confidential information. If the Supplier is required by law to disclose confidential information, the Supplier shall notify the City of such requirement at least ten (10) days prior to 11 RES.A Page 85 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between; City of Auburn and Ferguson disclosure. 1.9. Public Disclosure Requests The Contract Documents shall be considered public documents and, with exceptions provided under public disclosure laws, shall be available for inspection and copying by the public. If the Supplier considers any portion of the Work, including software, data and related materials, delivered to the City to be protected under the law, the Supplier shall clearly identify each such item with words such as "CONFIDENTIAL," PROPRIETARY," or "BUSINESS SECRET." If a request is made for disclosure of such item, the City shall determine whether the material should be made available under the law. If the material or parts thereof are determined by the City to be exempt from public disclosure, the City shall not release the exempted documents. If the material is not exempt from public disclosure law, or the City is not in the position to make such a determination, the City shall notify the Supplier of the request and allow the Supplier ten (10) days to take whatever action it deems necessary to protect its interests. If the Supplier fails or neglects to take such action within said period, the City shall release the item(s) at issue. By signing this Contract, the Supplier agrees to the procedure outlined in this Subsection and shall have no claim against the City on account of actions taken under such procedure. 1.10. No Prototype Components All equipment and materials furnished under this Contract shall be in production and be used by customers comparable to the City at the time of the Contract Effective Date. Test or prototype items shall be clearly identified as such and shall be subject to rejection by the City. A sufficient inventory of Equipment shall be available to meet delivery requirements, 1.11. Changed Requirements New Federal, State and City laws, regulations, ordinances, policies and administrative practices may be established after the Effective Date of this Contract and may apply to this Contract. To achieve compliance with changing requirements, the Supplier agrees to accept all changed requirements that apply to this Contract and require Subcontractors to comply with revised requirements as well. If the Supplier believes such changes entitle it to a change in Contract Price or Contract Time, it shall submit a Change Order request to the City in compliance with Subsection 1.2 Contract Changes. 1.12. Assignment Supplier Nonassignment, The Supplier shall not assign any interest, obligation or benefit under or in this Contract or transfer any interest in the same, whether by assignment or novation, without prior written consent of the City, and such consent shall not be unreasonably withheld or delayed. 12 RES.A Page 86 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson 1.13. Indemnification and Hold Harmless A. Supplier's Obligations Subject to Subsection 1A, the Supplier shall indemnify and hold harmless the City, its elected and appointed officials, officers, employees and agents from and against all claims, damages, losses and expenses, including costs of defense as defined herein, arising out of or resulting from the performance of the Work, and shall, after reasonable notice, defend and pay the expense of defending any suit, and will pay any judgment, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; and (2) is caused in whole or in part by any act or omission of the Supplier, any subcontractor, anyone directly or indirectly employed or retained by any of them or anyone for whose acts any of them may be liable. 2. In any and all claims against the City or any of its officers, agents or employees by any employee of the Supplier, any subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, the indemnification obligation under this article shall not be limited in any way by benefits payable by or for the Supplier or any subcontractor under Workmen's compensation acts, disability benefit acts or other employee benefit acts. 3. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Supplier and the City, its members, officers, employees and agents, the Supplier's liability hereunder shall be only to the extent of the Supplier's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Supplier's and the City's waiver of immunity under industrial insurance, Title 51 RCW, solely for the purposes of this indemnification. This Title 51 RCW waiver has been mutually negotiated by the parties. 4. Supplier shall require similar indemnity provisions and waivers in all of its subcontractor and supplier agreements which are executed specifically in connection with this Project. 1.14. Disputes, Claims and Appeals The Supplier shall promptly address all claims for additional compensation, extensions of time, including all claims for equitable adjustment in writing to the Project Manager immediately, and follow up with detailed information within twenty (20) days of the date of knowledge of the events, circumstances, or occurrence giving rise to the claim. No claim shall be allowed for additional compensation or extensions of time or equitable adjustment for events, circumstances, or other causes occurring more than twenty (20) days prior to the Supplier giving notice of the claim as required by this paragraph, The Project Manager shall ordinarily respond to the Supplier in writing with a decision, but absent such written response, the claim shall be deemed denied upon the fifteenth (15) day following receipt of Supplier's claim by the project Manager. Pending final decision of a dispute hereunder, the Supplier shall proceed diligently with the performance of the Contract and in accordance with the direction of the Project Manager. Complying with the claim provisions of this paragraph are a condition precedent to filing any lawsuit by the Supplier for obtaining additional compensation, extensions of time, or equitable adjustments related directly or indirectly to the 13 RES.A Page 87 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson work and /or this Contract, This claim procedure is the exclusive means in the Contract of obtaining adjustments to the contract price, compensation, and time to complete the work. 1.15. Severability Should any provision of this Contract now or at any time during the term hereof be in conflict with any federal, state of municipal law, regulation or the like, or any applicable judicial decision, then such provision shall continue in full effect only to the extent permitted. In the event any provision of this Contract is thus held in operative, the remaining provisions of this Contract shall nevertheless remain in full force and effect. 1.16. Nonwaiver of Breach A waiver by any party to this Contract of any provision of the Contract shall not constitute a waiver of any further or additional breach of such provision or of any other provision. No provision of this Contract may be waived except by a written notice expressing the intent to waive or otherwise modify the provision. This Contract may only be amended by a Change Order executed in accord with the terms of this Contract. 1.17. Prohibition on Asbestos - Containing Products Not used. 1.18. Patents, Royalties and AMI Supplier's Infringement Indemnity The Supplier is responsible for paying all license fees, royalties or the costs of defending claims for the infringement of any intellectual property that may be used in performing this Contract. Before final payment is made on this Contract, the Supplier shall, if requested by the City, furnish acceptable proof of a proper release from all such fees or claims. Supplier's Infringement Indemnity. Supplier shall indemnify and hold the City harmless from and against any and all third -party suits, actions, losses, damages, claims or liability of any type of character, type or description, including, but not limited to, all expenses of litigation, court costs and attorneys' fees, based upon any claim of infringement of any patent or other license or intellectual property right (whether by way of trademark or otherwise) resulting directly or indirectly from the manufacture, sale, supply or importation of the parts and components or their use in a waste water treatment plant, Supplier agrees to notify the City as soon as reasonably possible of any material matters with respect to which the foregoing indemnity is likely to apply and of which the Supplier has actual knowledge. If notified in writing of any action or claim for which the Supplier may be liable to provide indemnity, the Supplier shall, without limitation, defend (subject to reasonable consultation with the City) such action or claim at Supplier's expense and pay the cost and damages and attorneys' fees awarded against the City in such action or claim; provided, however, that the Supplier shall have the reasonable right to control the defense and settlement of all such actions or claims, which settlement shall be subject to the consent of the City if applicable, not to be unreasonably withheld or delayed, Indemnification pursuant to this provision shall not be predicated on the City having made payment on any such claim. The obligations of this Subsection 1.18 shall survive Contract completion or termination and /or assignment of this Contract. 14 RES.A Page 88 of 195 Automated Meter Infrasbucture System Equipment and Services Contract Between: City of Auburn and Ferguson Supplier grants the City a royalty -free irrevocable non - exclusive license to use the technologies provided and contained in the materials furnished for the relevant Automated Meter Infrastructure System project. 1.19. Design Defects The City shall declare a design defect (from the manufacturing or product design process) in the event that twenty percent (20 %) of the items purchased under this Contract fail for the same failure. Subject to Sections 2.11 and 2.13, the City, Supplier and manufacturer shall work together to provide a modification, redesign or a plan to correct the defect within thirty (30) days of receipt of the notification. Subject to Sections 2,11 and 2.13, the warranty period and terms for corrected items shall be the same as for the initial items purchased under this Contract and shall begin on the correction of the defect as determined by the City. 1.20. Contract Schedule Notwithstanding any other remedies allowed under this Contract, the Parties agree that time is of the essence on each and every portion of the Contract, Milestone dates have been established for the performance of the Contract. These milestone dates shall only be changed via a Change Order, 1.21. Patents, Copyrights and Rights in Data Any patentable result or materials suitable for copyright arising out of this Contract shall be owned and retained by the City excluding improvements to Supplier's own previously patented and copyrighted items, which shall and do remain the sole and exclusive property of the Supplier, The City in its sole discretion shall determine whether it is in the public's interest to release or make available any patent or copyright owned by the City. The Supplier agrees that the City shall own any plans, drawing, designs, scope of Work, technical reports, operating manuals, calculations, notes and other Work submitted or which is specified to be delivered under this Contract, whether or not complete (referred to in this Subsection as "Subject Data "). Notwithstanding the above, nothing in this Contract transfers any right, title or interest in or to any previously patented or copyrighted items of the Supplier to the City or any other party. 1.22. Bankruptcy In the event the Supplier shall, at any time when this Contract is in effect, be adjudicated bankrupt, make an assignment for the benefit of creditors, commit any act of insolvency, or fail to pay promptly when due all bills and charges for labor, materials, and rental of equipment used in the performance of this Contract or of insolvency, or fail to pay promptly when due all bills and charges for labor, materials, and rental of equipment used in the performance of this Contract, or required by this Contract to be paid, and /or in the event of Supplier's failure to perform promptly each and every obligation required hereunder, the City, upon mailing a written notice to Supplier, may take over the Work or any separable part thereof, and complete the same, or have same completed at Supplier's expense, and in taking over City shall have the right, for the purpose of completing the Work hereunder, to take possession of all drawings belonging to Supplier, 15 RES.A Page 89 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson and for such purpose this Contract shall be construed as an assignment by Supplier to City of said drawings. Such taking over shall not constitute or be construed as a waiver by City of any action, claim or demand City may have against Supplier by reason of injury or damage resulting to City because of Supplier's failure of performance hereunder. 1.23. Audits A. The Supplier and its Subcontractors, shall maintain books, records, documents, and other evidence directly pertinent to performance of the work under this Contract in accordance with generally accepted accounting principles and its customary practices, The City shall, for the purpose of audit and examination, have reasonable access to and be permitted to reasonably inspect such books, records, documents, and other evidence directly related to this Contract for inspection, audit and copying for a period of three years after completion of this Contract. Written notice of any audit shall be provided in advance to Supplier and any and all costs shall be paid by the City. Such information, relating solely to this Contract, shall include but not be limited to: 1. A statement about the accounting system indicating the following: a. An overview of the accounting system and its capability to track costs and provide financial information, b. Written procedures and policies concerning the accounting system, timekeeping, payroll, purchased services and materials, direct and indirect cost control, asset capitalization, depreciation, and pre- contract costs. 2. Chart of accounts including definition of what is included in each account. B. Audits conducted under this Section shall be in accordance with generally accepted auditing standards and established procedures and guidelines. 1.24. Contract and Performance Bond The Supplier shall provide an executed Performance Bond for the amount of the sum of the prices for all Service Items inclusive in Attachment B (Pricing Matrix), The bond shall: A. Be on the form set forth in Attachment G; B. Be signed by an approved Surety (or Sureties) that: 1. Is registered with the Washington State Insurance Commissioner, and 2. Appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner; 16 RES.A Page 90 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson C, Be conditioned upon the faithful performance of the Contract by the Supplier within the prescribed time; D. Guarantee that the Surety shall indemnify, defend, and protect the City against any claim of direct or indirect loss resulting from the failure: 1. Of the Supplier (or any employees, subcontractors, or lower tier subcontractors of the Supplier) to faithfully perform the Contract, or 2. Of the Supplier (or any employees, subcontractors, or lower tier subcontractors of the Supplier) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, materials person, or any person who provide supplies or provisions for carrying out the Work. E, Be accompanied by a power of attorney for the Surety's officer empowered to sign the bond; and, F. Be signed by an officer of the Supplier empowered to sign official statements (sole proprietor or partner). If the Supplier is a corporation, the bond must be signed by the president or vice - president, unless accompanied by written proof of the authority of individual signing the bond to bind the corporation (i.e,, a corporate resolution, power of attorney, or a letter to such effect by the president or vice - president, G. The bonds will remain in force for one (1) year following Final Acceptance Date of the Contract to insure Contract defects during the one -year warranty period in Section 2.14. 1.25 Prevailing Wage Requirements, RCW 39,12 This Contract is subject to payment of prevailing wages in accord with Title 39.12 RCW, Supplier and all entities contracting with Supplier for completion of the work required by this Contract shall pay all workers at least the prevailing wage for each classification as established by the Industrial Statistician for the Department of Labor & Industries and shall otherwise fully comply with the Washington Prevailing Wage Act and associated regulations. Supplier is directed to the Washington Department of Labor & Industries website for prevailing wage rates required for this Contract. The rates that apply to this Contract shall be the most recent rates published by the Industrial Statistician as of the date Supplier executes the Contract and shall be attached to the final executed contract as Attachment H. SECTION 2. ADDITIONAL CONTRACT TERMS AND CONDITIONS 2.1. Execution of the Contract and Total Price A. The documents constituting the Contract between the City and the Supplier are intended to be complementary so that what is required by anyone of them shall be as binding as if called for by all of them. In the event of any conflicting provisions or requirements within the several 17 RES.A Page 91 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson parts of the Contract Documents, they shall take precedence as listed on the Contract Form. The date the Contract Form is countersigned by the City is the Contract Effective Date, No other act of the City shall constitute Contract award. After Contract award, the City shall issue a "Notice to Proceed" detailing the Work to be performed. Purchase of Equipment shall be by Purchase Order. The Contract Price shall not be adjusted unless authorized by a Change Order in accordance with Subsection 1.2 Contract Changes and the Claim Procedures required by Subsection 1.14. B. City Equipment and City Services may be purchased at the City's option based on the unit prices set forth in Attachment B. C. The Contract may be executed in two counterparts, each of which shall be deemed an original and which shall together constitute one Contract. D. Cooperative purchase by other governmental or municipal agencies shall only be allowed in compliance with RCW 39.34 and the execution of an Intergovernmental Cooperative Purchasing Agreement as appropriate. 2.2. Contract Term and Notice to Proceed A. The term of this Contract shall commence on the Effective Date of the Contract and continue until December 31, 2017 as set forth in the Contract Schedule unless terminated earlier pursuant to the provisions of Subsection 1.4. B. Notice(s) to Proceed shall be issued referencing this Contract. Notices to Proceed shall define and authorize the Work by the Supplier based on the Work contained in Attachment A. The Notice(s) to Proceed issued by the City may confirm duly executed Change Orders to the Contract terms, funding or other matters subject to Subsection 1.2, Contract Changes. The Supplier shall commence the Work upon receipt of the Notice to Proceed and shall diligently prosecute the same in conformity with the Contract Schedule, which the City may change from time to time for any reason. 2.3. Schedule The schedule by which the Supplier shall provide the Equipment and Services required by this Contract is attached hereto as Attachment D and incorporate herein by this reference. 2.4. Notices All notices or Documentation required or provided pursuant to this Contract shall be in writing and shall be deemed duly given when delivered to the addresses first set forth below. RES.A Page 92 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson For Project Management related notices or Documentation: - - - - -- - - - - - -- — - - - - - -- City of Auburn Ferguson Enterprises, Inc. Susan Fenhaus, Water Utility Engineer , Project Manager 25 West Main Street Address 24025 Snohomish Woodinville Rd Auburn, WA 98001 Address Woodinville, WA 98072 Phone: (253) 804 -5061 Phone: (503) 209 -2027 Email: sfenhaus@auburnwa gov Email. @ferguson.com A. Invoice Schedule The Contract Schedule that identifies the major milestones in the Work is attached hereto as Attachment D and incorporated herein by this reference. FAILURE TO COMPLY WITH THESE REQUIREMENTS OR TO PROVIDE AN INVOICE IN CONFORMANCE WITH THE CONTRACT MAY DELAY PAYMENT. B, Subcontractor Prompt Payment The Supplier shall pay each Subcontractor under this Contract for satisfactory performance of its subcontract according to the terms agreed to between the Supplier and each of its Subcontractors. The Supplier shall pay any and all bills when due for all charges in connection with the Work. Failure to comply with the provisions of this paragraph shall constitute a default under this Contract. At any time the City may request, as a condition precedent to payment under this Subsection 2.5, reasonable and customary lien releases from Subcontractors for the completed portion of the Subcontractor's work shall be provided to the City in a form acceptable to the City. C. Payment Procedures for Equipment and Implementation Services and Other Purchases Attached as Attachment D is the Contract Schedule that identifies the major Implementation Services milestones. Within thirty (30) days of the Notice to Proceed for this Contract, the Supplier shall submit to the City a more detailed schedule of values that accurately defines the Work (or deliverables) performed for each water meter route designated by the City and a refined value of such Work. The final schedule of values shall substantially conform to the preliminary schedule attached as Attachment D and shall be subject to the Project Manager's approval prior to implementation. Such approval shall not be unreasonably withheld or delayed. The revised and approved Schedule of Values shall include line items, which reflect the values associated with the major components of the AMI system in such detail to allow the Project Manager to monitor and track monthly progress and percentage completion of the Work to ensure timely progress and approval of progress payments. Payment terms are NET 45. Progress payments are subject to and conditioned on the successful, timely completion of each water meter route. Progress payments will be made against the allocated funds for each milestone as invoiced and approved by the Project Manager. Such approval shall not be unreasonably withheld or delayed. However, the Supplier 19 RES.A Page 93 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson shall not be entitled to any payment for successive milestones if the deliverables from the previous milestone have not been accepted by the City. Following the request by purchase order for Equipment and the delivery of the same, the Supplier shall invoice the City. The City will pay for actual equipment or hardware that is on hand for this project. The City will make payments according to the contract based installation services on completion of each water meter route. The quantities provided for each month are estimated annual requirements. The City will place orders as needed in lots per month or as determined by the City. Payments are subject to retainage in the amount of 5% of each invoice. The retainage shall be fully paid to Contractor within sixty (60) days following completion of the Work, provided, however, that if the Work is to be completed in phases, the retainage for each Phase shall be paid upon completion of such phase. D. General Condition Before any payment can be made, the Supplier must submit a completed W -9 form to the City. 2.5 Not Used 2.6. Pricing Prices for Equipment and Services furnished under this Contract shall remain effective through December 31, 2017. All adjustments to the contract price and equitable adjustments including all claims under Subsection 1.14 herein shall be in accord with this pricing and subparagraph 2.8 herein. Future purchases of equipment beyond December 31, 2017, including new equipment needed to extend AMI system service to new City customers or an expanded City service area, will be based on the published list price less 12% for all equipment in effect for the year of purchase, or current pricing at time of order, whichever is less. AMI system equipment purchased under this contract will be based upon orders placed by the City. Deliveries of ordered equipment will be shipped to the City. Supplier will pay all freight charges for such deliveries, including return of equipment that the City is submitting for warranty replacement. Supplier will agree to the pricing terms of this contract as long as the supplier retains the distribution rights to the Sensus product line in this territory and current Sensus Distributor pricing discount scheme remains in effect. 2.7. Shipping Charges All prices shall include freight FOB to the delivery point(s) designated by the City. The City shall reject requests for additional compensation for freight charges. 20 RES.A Page 94 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between; City of Auburn and Ferguson 2.8. Direct Costs Related to Additional Work All direct costs for additional work, if any, performed by the Supplier at the City's request, and included in a Change Order, shall be billed at cost plus 10% and in accordance with subparagraph 2.6 above. The Supplier's costs for travel, lodging, meal expenses, equipment, materials and supplies, equipment rental and all other costs related to the Work are included in the Total Price (section 2.1 A) and will NOT be billed separately to the City. The Supplier or Sensus Metering Systems' costs for travel, lodging, meal expenses, equipment, materials and supplies, equipment rental and all other costs related to additional work will be included in the price negotiated for the additional work and will NOT be billed separately to the City. 2.9. Acceptance Process The City may give iterative acceptances as the Work is accomplished either by phase or milestone, as described in Attachment A. The Supplier shall give the City "notice of completion" of Work related to a specific milestone following the Supplier's substantial completion of all such Work associated with the Milestone or phase. A. Acceptance Process Upon completion of the milestone deliverables the Supplier shall notify the City in writing (e -mail to address identified in section 2.4 preferred) and the Acceptance process will commence. Acceptance shall be based on conformance with the milestone guidelines. After notice by Supplier of completion of the milestone, City will issue a written notice of milestone Acceptance or provide Supplier with a notification of rejection, which will include documentation of the specific grounds for rejection, outlining items not in compliance with the deliverable guidelines. Acceptance shall not be unreasonably withheld or delayed, B. Correction of Deficiencies Process If a deliverable is rejected, the Supplier will have a commercially practicable time to correct items documented in the City's notification of rejection, Following the delivery of Suppliers' notice that the Work has been corrected, the City will issue a written notice of Acceptance or provide Supplier with a notification of rejection, which will include documentation of the specific grounds for the rejection, outlining Work not in compliance with the milestone, The project schedule will be adjusted accordingly in the event that a dispute regarding the method or accuracy of the correction causes a delay, If the deliverable(s) fails to comply with the milestone after Suppliers' second attempt to correct the Work and no agreed resolution is reached between the City's Project Manager and the Supplier's Project Manager, the City will determine the appropriate corrective actions. 2.10. Final Acceptance Process The City shall begin the Final Acceptance process in accordance with the Contract as follows: 21 RES.A Page 95 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson A. Final Acceptance shall be based on successful completion of the Scope of Services, as described in Attachment A, B. If the City Accepts the Work, the City will send a notice of Final Acceptance to the Supplier indicating the successful completion of the performance testing described in the Scope of Services, Attachment A. C. If the City determines that the Work is not acceptable, the City shall notify the Supplier in writing, describing the deficiencies. D. The Supplier shall either provide a detailed, written plan to achieve Final Acceptance or to make corrections or replacements within a mutually agreed upon time period with no charge to the City. The Parties shall mutually agree on a start date for beginning another Performance test as described in Attachment A, Scope of Services. E. If the City Accepts the Work following a second or subsequent Performance Test the City will send a notice of Final Acceptance to the Supplier, F. If the Supplier does not correct or replace the unacceptable Work the City may declare a breach of contract. G. Final Acceptance shall not be unreasonably withheld or delayed. 2.11. Warranty Provisions Subject to Subsection 1.4, Supplier warrants that all products supplied shall be new and shall be installed in accord with manufacturer's instructions and requirements in a good and workmanlike manner. Supplier's warranties under this Contract do not include the performance or suitability of any manufactured or prefabricated goods and all such warranties are limited to those offered by the respective manufacturer or fabricator. To the extent permitted, Supplier hereby assigns all manufacturer or fabricator warranties to the City and agrees to assist the City in any claims under those warranties. 2.12. Express Warranties for Implementation Services A. The Supplier warrants that; 1. The Implementation Services shall in all material respects conform to the requirements of this Contract. 2. Qualified, professional personnel with in -depth knowledge shall perform the Implementation Services in a timely and professional manner, and that the Implementation Services shall conform to the standards generally observed in the industry for similar Implementation Services. 3. The Implementation Services shall be in compliance with all manufacturer warranties and installation instructions, applicable laws, rules and regulations. 22 RES.A Page 96 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson B. Subject to Subsection 1.4, upon receipt of notice from the City that the Implementation Services were not performed in accordance with the limited warranty herein, the Supplier shall re- perform the services to the City's reasonable satisfaction in accord with the provisions of Subparagraph 2.14 below. 2.13. Equipment Warranty For specific terms of the Equipment Warranty, see Attachment E incorporated in its entirety as if fully set forth herein. The sole and exclusive remedy for Equipment alleged to be defective in workmanship or material will be the repair or replacement of the Equipment, subject to the manufacturer's inspection and warranty. In addition, the annual maintenance agreement between the City and the Supplier is provided in Attachment C. 2.14. Defective Work and Supplier Warranty Service A. Supplier agrees to return to the project and repair or replace any of its installation work and services that fail to perform as required by the Contract for a period of twelve (12) months from Final Acceptance Date of the work (the "Warranty Service Period "). Supplier's warranty service is in addition to all other obligations and duties under this Contract including but not limited to Supplier's warranty that the work comply with the requirements of this Contract. During the Warranty Service Period, if the City determines that Supplier's work is not performing as required under this Contract, the City will give Supplier written notice of the deficiency and Supplier will respond by repairing or replacing the work to the City's reasonable satisfaction within five (5) working days of receiving the notice. The Supplier's obligation to repair or replace work is limited to the work performed by Supplier and its subcontractors and does not extend to work necessitated by equipment defects, work performed by the City, or work required due to normal wear and tear, abuse, or neglect. If the City is not reasonably satisfied with the repair or replacement or with Supplier's actions or response, the parties will attempt to negotiate a resolution of the matter and failing that will submit the dispute to voluntary mediation if the parties agree or otherwise to litigation in accord with the venue provisions of Subsection 1.5. Any related claims by the Supplier for additional compensation, equitable adjustment, or additional time must meet the claim notice provisions of Subsection 1.14. B. In addition to the Supplier Warranty Service described in Subsection 2.14(A), if the City determines that Supplier's work is not fully and completely in accordance with any requirement of the Contract, it may give written notice and description of such non - compliance to the Supplier in the manner set forth in Subsection 1.4. Within ten (10) business days of receiving the City's notice that the Supplier's work is not in accordance with the requirements of the Contract, Supplier will respond by either repairing or replacing the work or presenting the City with a reasonably thorough and prompt remedy. The Supplier's obligation to repair or replace work is limited to the work performed by Supplier and its subcontractors and does not extend to work necessitated by equipment defects, work performed by the City, or work required due to normal wear and tear, abuse, or neglect. If the City is not reasonably satisfied with the 23 RES.A Page 97 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson repair or replacement or with Supplier's actions or response, the parties will attempt to negotiate a resolution of the matter and failing that will submit the dispute to voluntary mediation if the parties agree or otherwise to litigation in accord with the venue provisions of Subsection 1.5. Any related claims by the Supplier for additional compensation, equitable adjustment, or additional time must meet the claim notice provisions of Subsection 1.14. 2.15 Accrual of Actions. The parties mutually agree that as to acts or failures to act occurring prior to the date of Substantial Completion of the work under this contract, any alleged cause of action shall be deemed to have accrued in any and all events no later than such date of Substantial Completion. 2.16 Responsible Contractor. Supplier warrants and represents that it meets all mandatory responsibility criteria under RCW 36.04.350 including but not limited to being a registered contractor under RCW 18.27 at the time this Contract is executed. Supplier further warrants that it will require all of its subcontractors, if required by law, to meet these criteria if required to register under these provisions. SECTION 3. INSURANCE REQUIREMENTS 3.1 Evidence and Cancellation of Insurance A. Prior to execution of the Contract, the Supplier shall file with the City evidence of insurance and endorsements from the insurer(s) certifying to the coverage of all insurance required herein, All evidence of insurance shall be certified by a properly authorized officer, agent, general agent or qualified representative of the insurer(s) and shall certify the name of the insured, the type and amount of insurance, the location and operations to which the insurance applies, and the expiration date. B. Failure to provide such insurance in a timeframe acceptable to the City shall enable the City to suspend or terminate the Supplier's Work hereunder in accordance with Contract provision regarding "Termination for Convenience /Default." Suspension or termination of this Contract shall not relieve the Supplier from its insurance obligations hereunder. 3.2. Insurance Requirements Description The Supplier shall not commence any work until it has obtained, at its own expense, all insurance including the required insurance. Supplier shall include all costs for insurance in the Pricing Matrix (see Attachment B). The Supplier shall take out, pay for and maintain throughout the duration of and specifically for the work the insurance as specified in the following section. Insurance Requirements A. The Supplier shall obtain and keep in force during the term of the contract, Commercial General Liability insurance policies and any and all other insurance, including those required 24 RES.A Page 98 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson herein, that will fully protect the City from any and all losses, costs and damages arising out of Suppliers' work or products. Such insurance shall be with insurance companies which have an A.M. Best's rating of "A VII" or better, and who are approved by the Insurance Commissioner of the State of Washington pursuant to Title 48 RCW. B. Providing of coverages in the stated amounts shall not be construed to relieve the Supplier from liability in excess of such limits. C. Prior to the execution of the Contract, the Supplier shall purchase a Commercial General Liability insurance policy meeting the requirements set forth herein. The Supplier shall file with the City at the time of execution of the Contract Agreement, a Certificate of Insurance evidencing and confirming that all required insurance coverages have been obtained and are in force. The certificate shall be accompanied by such policy endorsements as are necessary to comply with the requirements set forth herein, including but not limited to Additional Insured endorsement forms CG 2010 0413 and CG 2037 0413, set forth in Attachment F or their most recent equivalent which are necessary to cover both on -going and completed operations, Failure of the Supplier to fully comply with the requirements regarding insurance will be considered a material breach of Contract and shall be cause for immediate termination of the Contract and of any and all City obligations, regarding same. Supplier agrees to keep its completed operations coverage in effect for a minimum of three (3) years after final acceptance. D. The Supplier shall not begin work under the Contract or under any special condition until all insurance required by law and the Contract has been obtained and is in effect. Said insurance shall provide coverage to the Supplier and City as required herein. The coverage so provided shall protect against claims from bodily injuries, including accidental death, as well as claims for property damages which may arise from any act or omission of the Supplier or by anyone directly or indirectly employed or retained by either of them, to do all or any part of the work. E. In the event the Supplier is required to make corrections on the premises after the project has been inspected and accepted, it shall obtain at its own expense, and prior to commencement of any corrective work, such insurance coverage as is required herein above for such periods when corrective operations are being performed. F. The insurance policies shall specifically name the City, its elected and appointed officers, officials, employees, volunteers, as additional Insured with regards to damages and defense of claims arising from: (a) activities performed by or on behalf of the Supplier; (b) products and completed operation of the Supplier, and (c) premises owned, leased or used by the Supplier. The insurance shall be maintained in full force and effect at the Supplier's expense throughout the term of the contract. G. The commercial general liability and property damage insurance shall include coverage to protect the Supplier from contingent liability, which may arise from operations of their subcontractors. Also, the Supplier shall secure certificates of insurance as evidence that each subcontractor carries insurance to provide coverage under this Contract for the same limits as is required by the Supplier. The Supplier shall submit copies of its subcontractor insurance certificates to the City and the Engineer as evidence of insurance coverage. H, Supplier agrees to give the City at least 30 days prior written notice of cancellation or, nonrenewal. The coverages provided by the Supplier's insurance policies shall be primary to any insurance maintained by the City, except as respects losses attributable to the negligence of the City. 25 RES.A Page 99 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between; City of Auburn and Ferguson Any insurance that might cover this Contract which are maintained by the City shall be in excess of the Suppliers insurance and shall not contribute with it. J. The Supplier's insurance policies shall protect each Insured in the same manner as though a separate policy had been issued to each. The inclusion of more than one Insured shall not affect the rights of any Insured as respects any claim, suit or judgment made or brought by or for any other Insured or by or for any employee of any other insured. K. The General Aggregate provision of the Supplier's insurance policies shall be amended to show that the General Aggregate Limit of the policies apply separately to this project. The Supplier's insurance policies shall not contain deductible or self- insured retention's in excess of reasonable amounts based upon the size and net -worth of the Supplier. M. Reserved. N. City is not required to provide Supplier's insurance companies with any special notification of any change or modification of this Contract or of extension of time, or of decreased or increased work, or of the cancellation of the Contract or of any other act or acts by the City or its authorized employees and agents, under the terms of this Contract and failure to so notify the aforesaid insurance companies of changes shall in no way relieve the insurance companies of their obligation under this Contract. 0. Not applicable P. The Supplier shall maintain Workers' compensation Insurance and /or Longshore and Harbor Workers Insurance as required by State or Federal statue, for all of their employees to be engaged in work on the Project under this contract and in case any such work is sublet, the Supplier shall require the subcontractor similarly to provide Workers' Compensation Insurance and /or Long shore and Harbor Workers' Insurance for all of the latter's employees engaged in such work. The Supplier's Labor & Industries account number shall be noted on the Certificate of Insurance. Q. Workmen's Occupational Disease Insurance shall be taken out covering all persons whom the Supplier may employ in carrying out the work contemplated under this Contract, R. In the event any class of employees engaged in the work under this Contract is not covered under Worker's Compensation insurance or Longshore and Harbor Workers' Insurance as required by State and Federal statute, the Supplier shall maintain and cause each subcontractor to maintain Employer's Liability Insurance for limits of at least $1,000,000 each employee for disease or accident, and shall furnish the City with satisfactory evidence of such. S. The Supplier shall be solely and completely responsible for safety and safety conditions on the job site, including the safety of all persons and property during performance of the work. The services of the City's or engineer's personnel in conducting construction review of the Supplier's performance is not intended to include review of the adequacy of the Supplier's work methods, equipment, bracing scaffolding, or trenching, or safety measures in, on, or near the construction site, The Supplier shall provide safe access for the City and its inspectors to adequately inspect quality of work and the conformance with project specifications. T. The Supplier shall be solely and completely responsible to perform all work and furnish all material in strict compliance with all applicable State, City, County and Federal laws, I RES.A Page 100 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson regulations, ordinances, orders and codes, The Supplier's attention is directed to the requirements of the Washington Industrial Safety and Health Act, WISHA, RCW 49.17. The City will not pay any progress payments until the Supplier has fully complied with this section. This remedy is not exclusive and the City may take such other action as is available under other provisions of this contract, or otherwise in law. U. The Contractual coverage of the Supplier's policy shall be sufficiently broad enough to insure the provisions of the Hold Harmless Agreement of this contract (see Section 1.13), Types and Limits of Insurance Required Commercial General Liability • $2,000,000 each occurrence Bodily Injury and Property Damage • $2,000,000 General Aggregate • Employees and Volunteers as Additional Insured for both on -going and completed operations • Premises and operations • Broad form property damage including underground, explosion and collapse hazards (XCU) • Products completed operations (through guaranty period) • Blanket contractual • Subcontractors • Personal Injury with employee exclusion deleted • Employers liability (Stop gap) 2. Automobile Liability • $2,000,000 per accident Bodily Injury and Property Liability covering: o Any owned automobile o Hired automobiles o Non -owned automobile 3. Umbrella Liability • $2,000,000 per occurrence • $2,000,000 aggregate As an alternative to the above indicated Commercial General Liability and Umbrella Liability insurance policies the Supplier may provide the City with a City and Supplier Protective Policy with a limit of coverage of $5,000,000. SECTION 4. SPECIFICATIONS Information contained within the Supplier's Proposal, taken together with the information contained in the Contract Documents, constitute the specifications. SECTION 5. ADD /DEDUCT PRICING At the City's option, it may add or deduct equipment at the prices set forth in Attachment B to this Contract. At the City's sole discretion it may purchase additional AMI units and /or AMI components at the prices set forth in Attachment B to this Contract. 27 RES.A Page 101 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson SECTION 6. PERMITS AND LICENSES The Supplier and any subcontractors are required to obtain a City of Auburn business license prior to beginning any work. Ilm RES.A Page 102 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between City of Auburn and Ferguson ATTACHMENT "A" Project CP1317, Water Meter & Billing System Improvements, Contract No. 15.11 SCOPE OF SERVICES RES.A Page 103 of 195 aam.,� 1,0 Surnmary 1,11 This Scope of Services describes activities, rules and responsibilities of Ferguson Waterworks ( " "F w "" or "Ferguson"), associated with the Advanced Metering fnfrastrUcture (AW) system within the defined service territory and City boundaries, excluding those areas serviced by other water purveyors, for City of Auburn customers. 12 Ferguson Waterworks will perform water meter, register and/or radio change outs on every endpoint (approximately '15,000) frorn 50 to 12" meters for City of Auburn project. 13 F will provide the fully - functioning AMI system as defined herein that transmits and integrates, the water meter readings from all endpoints into the City of Auburn's customer billing system (Springbrook). 2,0 GeneralResponsibilities, 21 Ferguson Waterworks,: 211 Conduct a propagation study to determine the locations best suited for installation of the FlexNet Base Stations and to ensure proper communications with end point transmitters and the Regional Network Interface (RNI). 2,12 Attend regularly scheduled meetings during implementation. 2,2 City of Auburn: Z2A Provide a key point of contact to work with Ferguson. 2. 21,2 Provide Ferguson a map of its Service Territory with latitude and longitude ("lat/long") coordinates of its Service Territory boundaries, ,a list of meter locations, and a list of preferred Customer tower locations. 21,3 Work with Ferguson to develop a shipping schedule to include network and metering components for the Sensus, AMI System, The shipping schedule will be updated at least quarterly, but may be updated on a more frequent basis as implementation proceeds,. The shipping schedule shall identify each geographic area of the deployment, the specific locations of meters (street addresses and/or laUlong if available) in that area, and the estimated date of installation in that area. The plan shall estimate the number of meters by Sensus part number and form type to be installed for each quarter of the project until completion. 2,2.,E Be responsible for monthly fees)asso,ciated with the network access for all sites, where network access is needed, Z2.5 Provide communications link between the RNI and the FlexNet Base Station. One of the following should be used to access these components.- (1) Cisco VPN: (Ni) Open VPN Connection; or (iii) SSH access via port 22 to Linux NC. If Customer is providing SSH access, Port 22 on the firewall must be opened and redirected to the internal IP address of the Sen:sus RNI. 22,6 Purchase any routers,, hubs, mounting equipment, uninterruptible power supply and/or security equipment needed to connect the RNI to Customer's internal network, if software is hosted by City. 2.2.7 Be responsible for the payment of any taxes, renewal, regulatory or license fees associated with the network collector hardware sites. ZZ 8 Be responsible for applying for and purchasing any needed work permits. 229 Purchase registers required for retrofit of existing Badger meters, 3" or larger (approximately 60 meters). Z210 Pre-drili meter box lids with the correct size hole for the 520M SmartPoint Transmitter. 3,0 Software as a: Service- See Attachment C, of the Contract (Sensus,AMI Base Terms) for details RESA Page 104 of 195 sm 4,,1 Water Meter As,sumptions 4A,1 Most meters are located outdoors in pits,. Meters not located outdoors, in pits will require scheduled appointments, 4A.2 FWW is not responsible for meter box adjustments or replacements 4A,3 FWW is not responsible for pipe modifications or repairs of any kind 4A A For meter boy, pits with excessive dirt or water, a problem ticket will be created, Irstalier will be responsible for removal of water from meter pit. Excessive water will be defined as continuous water flow. Meter box pits with excessive dirt will be determined if the dirt is in excess over the top of the meter nuts, If this is the case, will escalate the location to the City of Auburn project manager for review and corrective work by the City. 41 5 Aill water meter exchanges will be like for like, no resizing 4,1 6 FWW will provide Command Links (in working condition) and software to be used for module prograimming-. one per water meter installer and two spares 4,1 7 Meter box lids will be pre - drilled with the correct Si2e hole for the 520M SmartPoinit Transmitter 41,8 FWW will be responsible for correcting any leaks at the valves, couplings or service lines that could be attributed to the meter installation if reported within the one (1) year warranty period, The warranty period will begin after the completion of each phase, of installation, UT =4. 4.2,1 FWW to provide warehouse space, 4. 2. Pricing assumes meters will be available in warehouse at least I month prior to installation, 4-Z3 Project duration Is 3 calendar years, Start Time Will be determined by signed contract date, 4,2A The City will provide customer communications regarding the project. 4,Z5 There will be no City of Auburn Imposed work stoppages or interruptions, excluding Holidays listed in Section 11,1 Meters will be installed according to the schedule established in Attachment D of the Contract. The City will determine order of meter installation, and will coordinate with other City construction projects, activities and events to provide the least disruption to citizens. C2.6 Standby Rate: applies when F staff has to stay at meter site due to hazardous condition or awaiting the City staff. 4Z7 Clean-Lip Rate: Applies to new installations, not able to be completed during the normally scheduled route duration. 4Z8 FWW will provide permits for confined space entry and all equipment, material and labor required for confined space entry. 429 City's meter location address date Is 95% accurate, 4. 2, 1 Standardized leased 'vehicles are not required; installers can use their own vehicles. The vehicles will have the FWW company logo on them, C2,11 FWW will locate the meter box, If the meter is on pdvate property, in a dangerous location or is in Use, the FWW representative will enter onto the property only for the expressed purposed of attempting to make contact with the resident, If contact is made, the FWW representative will identify himself Including showing appropriate Identification and explain the purpose of the contact, After two (2) attempts to make contact in the same day, FWW wilt escalate the work order to the City of Auburn Project Manager to schedule an appointment for installation. The new installation must be scheduled while the install crew is in the current route. Any installation outside this time will be billed at a cleanup rate, 4 2,112 installation, rates comply with prevailing wage rates for Washington State Department of Labor & industries (King County and Pierce County). 43 Equipment 4,31 Meters and radios: 'Wert, OMNI R2, OMNI C2, OMNI T2, and Sens,us 520M MXU single port and dual port, 4 3,2 Programming Eciuipiannent: Trimble Nomad 9DO handheld! and Command Link. 4,3,3 Base Stations: Sens,us, M400 two-way collector. 4,~x'„4 Antenna and cable, RESA Page 105 of 195 4, 5 RNI for hardware equipment, 51 Retry ofit-Only Work Instructions 5 I, t If contact is n ladu With I thm UuStUITIER', I I I rUFM It iefn 1hatyuu will be perforn'lirig won( on their water meter and their water service will not be Interrupted. Provide the customer an estimate of time that it will take you to complete this, process, Proceed with retrofit. 5.1,2 If contact was not made with the customer, proceed with retrofit and leave a door hanger after work is complete. 5,13 For large Badger meters, replace register, install and activate radio, 5,1 4 For Sensus [Pert meters, install and activate radio, 51, 5 Leave the area in the condition that you found it before you started the meter change -out. Check meter for leakage in the box and leave area clean from debris and tools. Any debris or dirt removed from the pit to effect the installation will be replaced in the pit upon completion. 51,6 Under no circumstance will a meter pit or vault be left uncovered and Unsupervised by FWW, 5,11 All Site Photos shat be taken prior to leaving the meter location. 5,2 Full Meter Exchange Work Instructions 521 If contact is made with the customer, inform them that you will temporarily shut off their water to change-out their water meter. Provide the customer an estimate of time that it will IW(e you to complete this process. Proceed with meter exchange, 5, 2,2 If the customer is currently using water and will not allow the install to be performed, raise problem ticket. 5,2.3 If no contact is made with the customer and no large amounts, of water are being used, proceed with meter exchange. Leave a door hanger after exchange is completed. 5Z4 If no contact is made with the customer but large amounts of water are being used, raise a problem ticket and move to the next location. 525 If it is not possible to exchange the meter for some reason, raise a problem ticket and move to the next location, 52,6 When changing-out the meter and gaskets,, avoid getting any debris such as dirt, bark, etc., into the service line, Tighten the meter nuts snuggly during installation, Install the radio in the meter box lid per manufacturer's recommendation. 5,23 Prior to restoring water service, open the hose bib closcst to the arca where you think the service enters the foundation of the home. 528 Turn on the water at the meter, return to the hose bib, and hush the complete service line until all the air and discolored water has left the line. (There should be a burp of air at the hose bib before leaving!.) 5,2.9 Leave the area in the condition that you found it before you started the meter change-out . Check meter for leakage in the box and leave area clean from debris and tools. Any debris or dirt removed from the pit to effect the installation will be replaced in the pit upon completion. 5Z10 Under no circumstance will a meter pit or vault be left uncovered and unsupervised by FWW 5, 2,11 All Site Photos, shall be taken prior to leaving the meter location, 1=11111 IT-4 The following deliverables are to be provided to the City of Auburn 5,11 Legacy Meter Out Read 5,12 Legacy Meter Number 5,3 New Meter In Read 53,41, New Meter Serial Number 5,15 Radio ID 516 MXU Type "C" Fixed RESA Page 106 of 195 5 3. 7 Installation date and time 5,18 Installer-field worker identification number 53.9 Installation problem tickets using the problem escalation codes specified in Section 5.4. 53 101 Photos: All Photos can be viewed and uploaded for the Ferguson work force software, GPS information will be collected thiru the Sensus Flex Net System and sent to City of Auburn CIS system. 5,3.1 f1. Pro-installation Site Photo (extending at least one foot outside meter box footprint) ..1f1 2 Legacy Register Face Photo (Showing Last Read) 5.3.111! 3 New Register Face Photo (Showing New Read) 5.1 10.4 Post-installation Site Photo (extending at least one foot outside meter box footprint) 5A If Unable to Change-Out Water Meter If unable to perform retrofit or change-out, raise a problem ticket using the following problem escalation (PE) codes. PE Group PE Item Photo? Problem Resolution Process, Cannot Access Meter Access Obstructed Y PATH 1: City Escalation Cannot Access Requires Key/Code Y PATH 1: City Escalation Cannot Access Aggressive Animal Y PATH 2: Call Center Cannot Access I -n- Locked GatelFence Y PATH 2: Call Center C, a­ Access Unable. to Locate N PATH 2; Call Center Customer Issue Refusal N PATH 1: City Escalation Customer Issue Requires Appointment N PATH 2: Call Center Customer Issue Missed Appointment N PATH 2: Call Center Information . . ....... Pre-existing Leak Y PATH 1: City Escalation . Information . ....... . Description (Note) If required PATH 4: Informational Meter Issues Serial Number Mismatch Y PATH 1, City Escalation Meter tissues Meter Size Mismatch Y PATH 1 City Escalation Meter Issues Flooded Meter Box Y I PATH 1 City Escalation Meter Issues Dirt in Pit Y PATH 1 City Escalation Meter Issues . ...... . Meter Box Damaged . . Y t_l_,City Escalation Other-Blocker Description (Note) If required PATH I : City Escalation, Out of Scope Confined space (OSHA) Y PATH 2: Call Center Out of Scope Incorrect Meter Type Y PATH 1 City Escalation Out of Scope Meter pit in street Y PATH 1 City Escalation Suspected Tampering Meter Bypassed Y PATH 1: City Escalation Suspected Tarmpering Inverted/Backward Meter Y PATH 1: City Escalation 6,0 FWW Responsibilities 6,1 General. FWW shall provide the necessary services, software, and facilities for the installation of the System. 6,2 Installation Services. FWW will provide meter replacement and such other services as are described in this Scope of Services and the manufacturers installation specificat=s. All installers shall be trained by a Sensus Certified Trainer. Services will be completed utilizing, FWW trained Installers and FWW supervisors, Additionally, FWW will provide a project manager who will be experienced in the installation of AM I meters. RESA Page 107 of 195 6Z 1 FWW shall supply all necessary personnel and supplies for installation of the meters, including, without limitation, personnel protective equipment, tools, products, services, supplies, training, and on-site support for deployment, of the System.. FWW shall perform installations, in accordance with the Installation Procedures as detailed in Section 3.0. 6,3 FWW Will Utilize the Wark Order Management System ("WOMS"') to track, collect, and report critical project information regarding field forces acid fiend assets. FWW will, provide ten (10) Licenses to City of Auburn. This, number does not include licenses used in the field by FWW personnel. Additional licenses may be purchase(i separat,ely. 6A Vehicles, FWW shall be responsible for all vehicles it uses on the project, FWW shall provide service vehicles, on site stocked with common fitrigs and supplies needed for normal service restoration and/or replacement. FW' vehicles, including private vehicles used for the work, shall have the company logo prominently displayed on both sides of the vehicle. Any employee of FWW that drives a vehicle in connection with this project must have a valid driver's license for the class of vehicle being driven, 6,5 Meter salvage. FWW will be responsible for returning all legacy meters and registers from the endpoint installation to City of Auburn pro"Iect manager for recycling by tile City. 6.6 F'WW appearance and identification. FWW will wear uniform identifying their company name. picture ID and supervisor contact information, 63 Customer Issues. FW'W must notify City of Auburn Project Manager, at time of incident, regarding any customer complaints received during the project, F. Water Meters, FWW shall provide all water meters required for installation one month in advance so as not to impede installation activities. 6.9 AMY Radios. FWW shall provide all AMI radios required for installation one month in advance so as not to impede Installation activities. 6,1 OProgramming Equipment. FWW shall provide all programming equipment and software required for installation prior to project deployment so as not to impede installation actMfies. 6,11 Materials, FWVV will provide all seals, gaskets, mounting brackets, nuts and bolts, and any other miscellaneous material's that are needed, 6.12Warehouse Storage. FWW shelf provide warehouse space and necessary equipment, i.e palle1jack, fork lift, etc. for storage of new and legacy meters, cross-dock facilities, 6, 13 FWW will provide all meters and radios required including meters over 3". All meters not installed under this contract shall be delivered to the City facilities, 7 0 City of Auburn Responsibilities 7,1 Door Hangers, City of Auburn will provide to FWVV all door hangers. FWW will provide message to use on door hangers, and will provide such information to allow sufficient time for City to prepare door hangers. 7,2 Pre-Installation Notices. City of Auburn will be notifying their customers of the project prior to Installation, T3 PER Tickets. City of Auburn will respond promptly to Production Escalation Report (PER) tickets, as appropriate. 7A Sensitive Customers. City of Auburn will identify in the CIS data provided to FWW all medical needs and highly sensitive customers requiring pre-scheduled appointments as known by the City, 7.5 CIS Data, City of Auburn will provide to FWW all CIS data needed to determine the location of meters to be installed. Meter location address data shall be at least 95% accirate. IFor each site, information will be provided that will indicate whether the meter register only Is to be removed and an AMR-compatible retrofit register installed, or whether the meter is to be completely replaced; City shall provide either, Street Address and/or GPS location of the meter. 7 6 Meter Box Lids: The meter box lids shall be configured to obtain the maximum signal strength from transmitters installed in meter pits or vaults. City of Auburn shall replace or retrofit all meter box lids and any other lids needed to obtain the performance requirements specified herein. City of Auburn will drill 1-7/8 Inch AMI radio holes in all lids prior to FWW performing scheduled work. In the event that a hole is not drilled to tile Sufficient size, FWW will document and bill City of Auburn on as time and materials basis, using the Stand-By Rate for the work of re-sizing the hole. 7.7° City Project Manager. City of Auburn will designate an employee or agent who willnianage the project on behalf of City. The function of this Project Manager is to coordinate with FWW and ensure, compliance with the specifications and scope of work- RESA Page 108 of 195 ME= 8A After the first full route of meters are installed, City of Auburn and FWW staff will conduct a System Acceptance Testing (SAT) of the system. SAT Includes meter and radio installation procedures, CIS integration confirmation and Sensus FlexNet confirmed meter reads, FWW will not be permitted to perform work until this testing has been completed and approved. The SAT period is not to exceed 3 business days, After 3 business days, FWW will be permitted to continue performing meter installations. System Acceptance will be deemed acceptable by the City of Auburn when the Sensus FlexNet System receives 98,5% success in a 4 day billing window. See Section 14,6 for Acceptance Criteria 9.0 Additional Project Related Information 9,1 installation sequence 91,11 City of Auburn and FWW shall establish an overall schedule for Installation of the entire project. afflMINUT0210W. 10,1 Ali meter change out work will be done between 7:00arn to 5-OOpm Monday through Friday unless pre- approved by City of Auburn. No work will be done on City legal holidays except where required or authorized by City of Auburn. Legal holidays shall be defined as those holidays annually observed by City of Auburn,. These are: Labor Day, Veterans Day, Thanksgiving (2 days), Christmas (1 day), New Year's Day, Martin Luther King Day, President's Day, Memorial Day, and Independence Day (a total of 10 days), 11,0 Scheduling. I I A If FWW personnel is unable to perform an installation, the installer shall leave, a City of Auburn- provided door hanger informing the Customer that the meter installation attempt was made and advising the Customer that an appointment must be scheduled to perform the installation. Such door hanger shall provide a toll free number that the Customer Should call for appointment purposes. FWW shall be paid for the initial visit at the applicable meter exchange price, 11,2 FWW shall attempt to contact the Customer by phone two (2) times after FWW attempts to install the meter at the Customer's premises FWW will make an appointment to perform the instaIlation. 111 If FWW is unable to locate an Customer's premises, they shalt escalate a problem ticket to the City of Auburn Project Manager. 11 A If FWW is able to make an appointment, with such Customer, then FWW agrees to use commercially reasonable efforts to perform the installation at the appointmeril time. FWW shall be paid for the additional visit at the applicable meter exchange price. There will be a maximum of one charge per meter location, 11,5 After three failed (3) attempts as described above tdefined as one in person and two via phone calls), FVVW will Identify this Customer as returned to City . '12,0 Acceptance of completed work 121 Acceptance of completed work. All work will be considered acceptable based on meeting 911 of the criteria listed below. I2.1.'1 There are no visible leaks post-installation, The Meter and Radio are Installed per the manufacturer's installation guidelines, The installer received an "Activation Success" message during the Radio activation process. 12.1,2 The meter pit was covered and the site was left in workable condition, ,12,13 City of Auburn will be inspecting 10% of all installations' in each route to verify that all of the criteria, listed above are met. These inspections must be completed within I business day of receiving the meter exchange file from FVVW. 12,1A The route will be accepted and approved for billing and payment if greater than 95% of the inspected, sample meets all of the criteria listed above. If City of Auburn determines 5% or more of the inspected sample in a route do not meet all the criteria listed above, then FWW and City of Auburn will revisit 100% of the meters in that route to guarantee the proper installation at no additional cost to City of Auburn, RESA Page 109 of 195 MMNE�� 13 .1 Quality control proglarn. FWW will validate 100% of the legacy meter readings (compare pictures to data) and 10% of project pictures for quality. 13,2 Improper installations. FWW shall be responsible for replacing any meter, transmitter, or appUtenances Improperly set. FWW shall correct any damage to couplings, threads, unions, or meters by use of improper tools or cross threading by an installer, 14,0 City of Auburn Sensus FlexNet BaseStation Installation Scope of Work Summary: 44A Ferguson Enterprises, Meter & Automation Group will provide both the City with Instruction Manuals necessary for completing each step outlined! in the Scope of Work. 14,2 FWW will provide all site work and mounting of equipment for Base Stations at the Lea Hill and Lakeland Hills Reservoirs. General Responsibilities: 14A The City Shaill: 14,11 Provide 120V 30 amp Electrical to each BaseStation Cabinet mounting location 14.12, Provide padlocks for BaseStation Security 144 Ferguson, Waterworks Shall, 114.4.1 Provide overall, Project Management of the Installation of Infrastructure and Backhaul, Configure Bas,eStations, Configure Backhaul, Request Commissioning of BaseStations, Assist with Software Implementation and Configuration, Provide and Assist with Training on Endpoint Installation, Logic and RNI Software Training, System Optimization, end Overall System Management, 1x.4.2 Provide Cellular Backhaut -LS300 AIrLink Modems with Magnetic Antenna 14A.3 Provide Conduit for Power Supply to the BaseStation Cabinet. Install conduit for Heliax Antenna Cable, sweeps for the Delia x Cable will be 36" Schedule 80 Rigid PVC. Any conduit necessary for the Cellular Backhaul Antenna is at the discretion of the City. 14.4 . 4 Provide any floor mounts or strut brackets for installation of the M400 BaseStation Cabinet, 14A.5 Provide Project Management-MS Project Schedule to be provided 14,4.6 Provide Specifications for Infrastructure Installation. 1:1 4.4 . 7 Assist with Site Preparation, 14,4,8, Wilt contract with Pro Approved Installation Contractor for Antenna and BaseStaithn Connections, '14,4.9 Oversee Infrastructure Installation 14AJ0 Oversee Installation of Cellular Backhaul 14AAI Perform initial Configuration of the BaseStation 14.4.12 Request Sensus RF Technician Commission BaseStation and Certify Installation 14,4,13 Supply, and assist with the Configuration of Logic and RNI Software in a Hosted Environment. 14,4,14 Provide training on Endpoint Installation, Software and Systwn Mainlenauce, 14,5 Antenna and BaseStation Installation Contractor (Provided by Ferguson) Shall: 14,51 Provide Installation of the BaseStation and OMNI Directional Antenna per Installation Specifications. (See: BaseStation Installation Manual and Metro 50 Installation Manual) 14� 51 Provide all Bracketing needed to mount the antennae. 14,5,3 Verify Installation of the Metro50 BaseStation, Cabinets to designated location. 14,5A Provide all strapping hardware needed to secure the Heliax Cable 14,5,5 Make all Data and Power Terminal, and Antenna Cable Connections to the BaseStaton per specifications. 14.5x6 Perform, Cable Sweeps and provide documentation from Spectrum Analyzer as to Return Loss and Signal Strength. 14,6 Acceptance Milestones and Criteria 14.&'l Milestone I-Network Deployment 14,6, 1 A Network deployment is achieved when., 1) the BaseStation(s) have been installed; 2) the RNI has been configured; 3) Logic Software has been integrated with City of Auburn's Springbrook Billing Software and the Integration has been validated. 14,&2 Milestone 2-System Acceptance 14.621 System acceptance is achieved when the system performance has reached a level of 98.5% (during a 4 day reading window) or better successful reads, 14.6. .2 System performance is calculated by dividing the number of installed endpoints that are registered on the network that have successfully provided a reading during a five day reading window by the total number of installed endpoints that are registered on the RESA Page 110 of 195 network, 14.0 2. System acceptance will be performed on a route by route basis,. A complete route will be installed, optimized and then evaluated for acceptance. 14.6.2.4 When calculating the system performance the following exceptions apply. An endpoint will not be included in the count of installed endpoints (inCtUded in neither the dividend nor the divisor) if any of the following occur,: 14 642,4.11 If daily treads are lost due to a BaseStation Power Failure that lasts inure than 24 hours 14,6,2,4,2 A Force Majeure Event or Act of God that affects the endpoint or BaseStation 14.1,2.4.3 The endpoint is removed from service 114.6.2.4,4 The endpoint is damaged or tampered with 14,6,2A.5 The endpoint cannot communicate to the system due to an object being placed over it (e.g. parked automobile, RV, etc.) '14,6,2-4,6 Tice endpoint is installed in an area outside of the service area. 14.7 Manuals: Sensus FlexNet System manuals to be provided as part of the scope of services. 114,71 Logic Integration Manual 143 Logic User Manual 14.7,3 Logic Reference Manual 14,7.4 BaseStation Installation Manual R3 14,7.5 BaseStation M400 Installation Manual R2 14.7A Field Logic Connect Manual '114.8 Submittals: FWW shall provide submittals for the following: 14,8.1 Site plan and equipment for Base Stations 14.'8.2 Meters and' endpoint transmitters 14.83 Programming equipment 14.&4 Submittal Transmittal Process: 14.8.4. 11 All submittals shall be made electronically and shall be transmitted via e-mail to PWSubmittals@aubumwa,gov. The e-mail subject line of electronic submittals shall include the following- CP1317, Water Meter & Billing System Improvements - - Submittal Title>>>, Each electronic e-mail shall be limited to 7 MB's In size. All electronic submittals shall be clear, sharp high contrast electronic files in Word 2007, Excel 2007, or P 1 formats. Hard copies may be submitted instead of electronic format upon approval of the City. 14.8,4,2, All submittals, indicated above shall accompany a City of Auburn "Request for Submittal Approval" (RSA) form as a cover letter, The RSA form is a writable Portable Document Format (PDF) form and shall remain writable until the city returns the signed reviewed submittal, mlu= 14,91 Minimum .9 nnn-c-nnsernifivp clays training nnsitn. 14.9,2 Training specific for each area of expertise. 14.9,3 Prerequisite training, scheduled 1. 2 weeks prior to initial training. 14-9.4 Initial training, scheduled after installing meters for a couple weeks to train the users with real City of Auburn data. 14 9,5 Secondary advanced training, scheduled 4-6 months after initial training, I 5.0integration 1x,11 FWW is responsible for furnishing all code and instructions necessary to the City or to the City's utility billing software vendor (Springbrook) at City's direction to allow data transfer to and from the installed AMI system, The City is using Version 7.16.0.0 Build #36788 of the utility billing software, Data shall transfer without error or loss of information from the AMI system to the billing software. 15,2The following is an example of the type of information that will be required in the transfer file. Details of the transfer file are to be identified by S pdrigbrook, in collaboration with Sensus, and with review by the City. The AMI'system shall accept the input fields from the billing system software in a standard ASCII fcrmatted file'. 1521 Input Field (billing system to AMI system) Type and! Field Length 15,12 Account Number {Char 44) 15,2,3 Service Code (Not used) 15,2A Service Sequence (Int 41 15,2,5 Route/Book/Group (NOt used) 15Z6 Read Sequence {Ini 4) 152.7 Customer First Name {Char 201 15Z8 Customer Middle Initial (Char 1) 15.2.9 Customer Last Name (Char 60) 15210 Meter Location (Char 60) RESA Page 111 of 195 15.2.1,1 Street Number (Char 50) 15, 2. "12 SL AX {Not used} 1 5.Zl 3 Meter Number (Char 1 O) 15214 High Reading {Int 4) 15,215 Low Reading {Int 4; 'I 5, 2,16 Diats, (Not used) 15.2.17' Previous Reading flint 4� 15,218 Meter I D {Char 10) '15.2A9 Read Type (Char 1 O} RES.A Page 112 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson ATTACHMENT "B" Project CP1317, Water Meter & Billing System Improvements, Contract No. 15.11 PRICING MATRIX RES.A Page 113 of 195 Plescription Senisu�s FlexNet HardwareA S Unit Unit Price Total RES.A Page 114 of 195 . . .. . . .......... . �1690�'ulpnner!t 2.1 4 Trimble Nomad 900 Handheld ea $ 3,750,00 S, 15,00 00 2.2 4 Comman ink ea S� 38326 $ 1,533,04 3.1 2 Sensuis M400 Two,-Waiy Collector ea $ 20,000.00 $ 40,0K00 4, 0 lc�i ap I inlrig $446 O�Io Oia 41 1 RNI Logic Software Hos,ted 15K (Year 1) ea $ 15,625.00 $ 15i,625010 42 1 Loigic Installation and Configuration Fee (One Tirne) ea $ 15,000.00 $ 15,000100 4,3 1 Sensus RNI Logic Core Training ea $ 6,700 i Al $i 6,,70o oio 4.4 1 Sensus/City of Auburn- Custorner Access Portal ea $ 48,867,50 TB ID . . .. ....... ... Sensus FlexN�et Installation 5 864�us SAM aii4'Wtirlhgf4ll $ 0 0 5A 4 5/8x3/4 Inch Iperl and 520M instafl' ea $ 50,71 $ 202.84 5.2 43 1 Inch 1perl Meter ea $ 5011 $ 2,180-53 5.3 34 1-1/2 Inch OMNI R2 Meter ea $ 11409 $ 3,879.06 5A 27 2 Inch OMNI R2 Meter ea $ 11409 $ 3,080.43 5.5 53 3 Inch OMNI C2 Meter ea $ 31174 $ 16,62822 5.6 32 4 �nch OMNI C2 Meter ea $ 470 ,0%52 5.7 12 • Inch OMNI T2 Meter ea $ 705.91 $ 8,47092 5.8 7 8 Inch OMNI T2 Meter ea $ 1,23534 $ 8,64738 5,9 1 10 Inch OMNI T2 Meter ea $ 1,85102 $ 1,853.02 5,11 1 Ret�roFit Sensus 520M Radio on New Meter . ... ....... . ......... ea $ 38,00 TBID RES.A Page 114 of 195 6.1 2 Sensus Metro 50 Install Collector Site Prep Includes: (price not to exceed) Site Preparation Contractor Electrical Contractor Antenna Contractor Mono Pole Misc Charges 6.2 1 Ferguson CIS Integration Workforce Software 6,3 7 Project Management ( TBD by Project Deployment) 6.4 1 Mobilization ( TBD by Project Deployment) 6.6 Standby Rate 6,6 Route Clean-up Rate $ 135,000.00 ea $ 35,000.00 $ 70,000,00 lot No Charge Month $ 5,,000.00 $ lot $ 30,00000 $ hr $ 115,46 hr $ 115.46, RES.A Page 115 of 195 DOW UGMUE "10 MAIM ............... ti�. c ... r i .. p . t! .. o .. n .. . ................... - WiZAIIR-n* WIT119.�-U, W I 4692 518x3/4 Inch Iperl and 520M Install 1.1 5415 Sensus 520M MXU Single Port 1.2 0 Sensus 520M MXU IDUal Port 1.3 4692 5]8x3/4 Inch 1ped Meter 1.4 371 1 Inch 1perl Meter 15 252 1-1/2 Inch OMlNI R2 Meter 1.6 100 2 Inch OMNI R2 Meter 1.7 0 3 Inch OMNI C2 Meter 18 0 4 Inch OMNI C2 Meter 1.9 0 6 Inch OMNI T2 Meter 1A1 0 8 inch OMNI T2 Meter 1.12 0 10 Inch OMNI T2 Meter $ 1,517.38 mirio Eqoipf��nt 2A 0 Tr�mble Nomad 900 Handlihel� 22 0 Command Link ea $ ILI, $ ea $ 7,,353.64 �846 i� 0i Lq4 6 $'O WiZAIIR-n* WIT119.�-U, W I 4.1 'I ear 2 ogle 0 tware os ed 15K 4.2 0 Logic Installation and Configuration Fee (One Time) 43 0 Sensus RNI Logic Core Training 4,4 0 Sensus /City of Auburn- Customer Access Portal ea $ 23,125.00 $ 23,125.00 ea $ 15,000.00 $ - e $ 6,700.00 $ ea $ 48,867.50 TBD 5.1 4692 518x3/4 Inch Iperl and 520M Install $ 1,486,948.51 ea 1 Inch 1perl Meter 118.06 $ 639,294.90 ea ea $ 14136 $ - ea, $ 12714 $ 596,540.88 ea $ 201.43 $ 74,730-53 ea $1 449.601 $ 113,299.20 ea $ 630.83 $ 63,083.00 ea $ 1,517.38 $ ea $ ea $ 2,635.45 $ ea $ 4,623 , 17 $ ea $ 7,,353.64 $ ea $ 9,488.57 $ ............. ea $ 3,750.00, $ ea $ 383.26 $ ient $ ea $ 201000,00 $ 4.1 'I ear 2 ogle 0 tware os ed 15K 4.2 0 Logic Installation and Configuration Fee (One Time) 43 0 Sensus RNI Logic Core Training 4,4 0 Sensus /City of Auburn- Customer Access Portal ea $ 23,125.00 $ 23,125.00 ea $ 15,000.00 $ - e $ 6,700.00 $ ea $ 48,867.50 TBD 5.1 4692 518x3/4 Inch Iperl and 520M Install ea $ 5.2 371 1 Inch 1perl Meter ea $ 5.3 252 1-162 Inch 0MNf R2 Meter ea $ 5.4 100 2 InchOMNI R2 Meter ea $ 5.5 0 3 Inch OMNI C2 Meter ea $ 5.6 0 4 Inch OMNI C2 Meter ea $ 5.7 0 6 Inch OMNII T2 Meter ea $ 5.8 0 8 Inch OMNI T2 Meter ea $ 5.9 0 10 Inch OMNI T2 Meter ea $ 5.11 1 RetroFit Sensus 520M Radio on New Meter ea $ 50.71 $ 50.71 $ 114.09 $ 114.09 $ 313.74 $ 470.61 $ 705.91 $ 1,235.34 $ 1,853.02 $ 3&00 2K904.41 237,931.�� 18,813,41 28i,750.68 11,409;,00 TBD RES.A Page 116 of 195 6 FlexNet Collection Equipment Install $ 60,000.00 6,1 0 Sensus Metro, 50 Install ea 35,000,00 $ Collector Site Prep Includes: (price not to exceed) Site Preparation Contractor Electrical Contractor Antenna Contractor Mono Role M,isc Charges 6,2 0 Ferguson CIS Integration Workforce Software lot No Charge 6.3 12 Project Management ( T by Project Deployment) Month $ 5'000,00 $ 60,000.00 6.4 0 MobilIzation ( TBD by Project Deployment) lot $ 30,0001,00 $ - 6.5 Standby Rate h:r $ 1115,40 As Needed 5,6 Route Clean-up Rate hr $ 1� 1 5A6 As Needed RES.A Page 117 of 195 Item No 4/241201 5 �SeTsus FleyVet—Umtoril I Description 1 n it TnIt Price • "r Sensus FlexNet, Hardware & Sft,% � I 11 8475 777777- 77777777�7777 777177777777 77 Sensus 520M MXU Single Port — 12 Oi Sensus 520M MXU DILIjal Port 13 7241 5/80/4 Inch Iperl Meter 1A 629 1 Inch 1perl Meter 1,5 377 1-1/2 Inch OMNI R2 Meter 1,6 228 2 Inch OMNI R2 Meter 1,7 0 3 Inch OMNI C2 Meter 1B 0 4 Inch OMNI C2 Met�er 126,699.47 ea Inch OMNI T2 Meter 1.11 0 8 Inch OMNI T2 Meter IA2 0 10 1 nch OM N I T2 Meter $ 143,829.24 Progoni mi i�* qN. 9W 2A 01 Trimble Nomad 900i Handheld 2.2 0 Command Link 2,635,45 $ - ea $ 4,528.17 4 4.1 42 43 4.4 �RIMMMIJI MM z M-INT-M, 1FITWON, 5.1 7241 5/8x3/4 Inch tperl and 520M Install ;p Z'Jol'zuf.lb ea $ 118.06 1-1/2 Inch OMNI R2 Meter 1,000,558.50 ea $ 143.36 0 3 Inch OMNI C2 Meter ea $ 12714 $ 920,620.74 ea $ 2011 A3 $ 126,699.47 ea $ 449.6'0 $ 169,499.20 1 ea $ 630,83 $ 143,829.24 ea $ 1,517.38 $ - ea $ 2,635,45 $ - ea $ 4,528.17 $ - ea $ 7,353.6'4 $ - ea $ 9,488.57 $ ea, $ 3,750.00 $ ea: $ 383.26 $ it $ ea $ 20,000,00 $ ,ing $ 2,4.11189.33 �RIMMMIJI MM z M-INT-M, 1FITWON, 5.1 7241 5/8x3/4 Inch tperl and 520M Install 5.2 629 1 Inch 1perl Meter 5,3 377 1-1/2 Inch OMNI R2 Meter 5.4 228 2 Inch OMNI R2 Meter 5,5 0 3 Inch OMNI C2 Meter 5,6 0 4 Inch OMNI C2 Meter 5.7 0 6 Inch OMNI T2 Meter 5.8 0 8 Inch OMNI T2 Meter 5.9 0 10 Inch OMNI T2 Meter 5.11 1 RetroF!t Sensus 520M Radio on New Meter ea $ 50.71 $ 367,191.11 ea $ 50.71 $ 31,896.5'9 ea $ 114,09 $ 43,011.9'3 ea $ 114.09 $ 26,012.52 ea $ 313.74 $ - ea $ 470.61 $ ea $ 705.91 $ ea $ 1,23534 $ ea $ 1,85102 $ ea $ 38,00 TBD RES.A Page 118 of 195 6 F1'exNet Collection Equipment Install 60,000,00 .`1 0 Sensus Metro 50 Install ea 35"000.00 - Collector Site Prep Includes: (price not to exceed ") Site Preparation Contractor I. iectrlcaU Contractor Antenna Contractor Mono Pole Miss Charges 62 0 Ferguson CIS Integration "workforce Software lot No Charge 6,3 12 Project Mannagemen!t ( TBD by Project Deployment) Month 5,000.00 60,000.001 6A 0 Mobilization ( TBD, by Project Deployment) lot 30,000.00 6.5 Standby Rate hr 115.46 As Deeded 6.6 Route Clean -up Rate hr 115.46 As Needed RES.A Page 119 of 195 Automated Meter Infrastructure System Equipment and Services Contact Between: City of Auburn and Ferguson ATTACHMENT " C" Project CP1317, Water Meter & Billing System Improvements, Contract No. 15.11 SENSUS AMI BASE TERMS & ANNUAL MAINTENANCE AGREEMENT RES.A Page 120 of 195 I A0,4 3 1: U I if V11121 111,21 11 1' 1111111�� 7 1 r, 11 -Tro • Vffi-. and Sens is USA Inc. ("Sensus") IN WITNESS WHEREOF, the parties have caused this Affil Agreement ("6greemen ") to be executed by their dully authorized representatives as of the day and year written below. The date of the last party to sign is the "Effective Date," This Agreement shall commence on the Effective Date and continue for/until.- 5 Years ('Lerm"), provided that it inlay be extended for a longer period by written agreement. This Agreement contains two parts: Part (11) Is The FCC Notification for Spectrum Manager Lease, to be filed with the FCC by census on behalf of the Customer and Part (2) is a AM[ Agreement between census and! Customer. Together, these two parts create the Agreement. Seri USA Inc. IN mm RES.A WE„ , • e By: Name: Nancy Backii ljm�,LVA= M Contents of this Agreenient; Part 1 Notification for Spectrum Manager Lease Part 2 API Agreement Exhibit A Software as a Service Exhibit 6 Technical Support Page 121 of 195 CONFOENTiJAIL t� Page I of 10 VERBS HIMPH1111110YER1111 P1111 RERNIM a F01 ■ ............... ... . . . .... —1 SEn�sus pa0 I' h'-if In o(der for Sensus to apply to the FCC on the Customers behalt for a spednirn man8ger lease, Customer must complete tie Inform abap below in taxes one R 1) 14rough tore (10) and certify Yja auffiarized s,igoalore, Customer's sqnaWrO W11 i11(]Itale that Sensws to Me the sper*urn manager lease tiolillicakm oo FCC Re "1 608 with [he Cuslornei as spectrum Li�ste,e, and R Obtfamw does not Already have one, OwWghip d&I6AU* iflfbrft0liOn On FCC Form 6112, Custornerkessee Name � City of Auburn Atterition To Colin Schmalz arty in Interest City or Aubur Street Address: 25 W Main Street city, Auburn State: WA zip; 98001 Phone: 253-931-300�O Fax: EmalL csch,malz@auburnwa.gov ls Cmtorner unntact w6onnation came as above? [3Yes ONO lit No, complete Wx 2 below) Name of Paad n Additional Customerfi-essee Contact Information Company Name. City of Auburn Attention To: ........... Street Addresv City, ---l— .. . ............ State: Phone: Fax; 1, 'ustomerl,Less see us ai)ri) (SeIect mie); Undmalual 10 Unmoorponited Associa ftim I [Pnisl Tuovernmeni. Frok I DiCorporation 10 Urvited Liability Company I ElGeneral Partmqs1hRp 2 Limpted Partnership t OlUnted [Jabdity Partriersnip 11 OConsofliurn I El Other . .. . ... . .... FCC Form 610Z FCC File Number of CusWm&s Form 602 Ownership lnfojrnaliop� 0 Customer has not Wed ai Form 601o, Semus w 1 file one for Cusiorner. Please c -omplele, queg , tions 5 6� and 7 below 0 Customer does nal have a Form .502 on flie. Customer must cornolele items S. 9 and W lrreswWive 0 whether Customer has in ftnershlo reu)q on file, R customer T-- ID 91-600,1228 Individual Contact For FCC Matters Please designate one individual! (the Director of Public, Wofks, or similis person) who ks TesponsiWe to the FCC for ft operation of the FWKNet radio syslem, This person would need to obtain his or her awn personal FRN pFCC Number) by going to Me link below and compleling tko. individuall FRN fnislfafion, Name C'olin Schmalz Tilde: Network Communications Engineer rmafi: cschTTialz@aubLir,nwa.gov Phone; 253-804-5021, Re,rsonalFW 0001563824 LIO for obtah*g personal FRW hitps:ilapps,fj7,c,govlcoresWo4)rogEntityType.do wo8rship Disclasure Information Please list the names of the Board President and aR Boardi Members below, as well as verify citizenship and ownership Interests In any entity regulated by the FCC. Such ownership must be disclosed where a board membpr member owns 10% or more, directly or indirectly, or his, operating control of any entity subject to FCC regulation. It any answer to Gwnership goestion is Yes, or any answer to Citizenship q elLU2n is No, provide an attachment with further explanation. _p —Eo—ard T-eT�—ide . .... .... . uscdmen? Ownershill Disclosure? D Yes 0 No Dyes nNo ..... . ..... Board Member DYes ONO I Dye's 0No Board Member OYOS ONo Dyes ONo Soa;d Member myesi ONo DI Yes ONQ ...... . . . . . ............ . . . ..... . . .................................. . . . ............. RES.A Page 122 of 195 CONHIDEMIAL � P@qP2uf10 Boaod Member Yes 2� The CumomeoLessee acknowledges; Ihai 4 is required to cornpl� Min fire CotnoirsWurfe Rules ond RegulatJons arld Other apiricalble law M alf bme., and I — C�jsloinerfl-egsee lails, 0 so immply the Lease ,Toy be revoked, (Ancolled, or terminated tfy either Ille Ucensee or the MP5 0yes ONo 0yes [Irio .......... Board Member Eykes, SeeSo0w 20G2LbLiof0iendes,4?q for the defirrilkm ol J�arjy lr,� Me apirlirition" as wed in lNs, cenification,) 4) The CusIw&?.VLes.w.e Nrcby ancepts Counrn�smjoii ovefsl hl and PfftimonranI wnsislerrI with �hp liceosp, and lease aruithors,.eton The Lessee DYP5 ONO Oyes ONo, . . ................................. 5� The Customqdl.6ssee ackpowledges that in me event an Authro6zation held by a Licensee that if bas as�=,Wjoo w4h it a speotrurri ea.0ig arrangerneni that is %e subject of this fArg rs revoked, cancelled, lerm,naled, or ofl'"s�p. ceaseg to bp irii ef`Iecl, the Cuslornor&es5pe 0III have An [Nyes� Dyes ONo 0 Yes nNo Board Member: . . .... as a an ment undef fire Commi0orts Rules and a �_t_ . Rniflati n% . . .......... I)i1heCustorror/Lessec wainesanyda4in to Ifeuse0anV ptirliculm Ircquencyatal o6��r Oye"� ONo Oyes ONO Board membpc 0yo E)No Oye�' ONo Board Membec 0 Ye's [:)No OYes ONO Afi on, Owners hl P Ou astion 9 (d ffie answer 1s_YP&. grqvide an altadivient explaken2 ihp rimmo %Ianrrw�) 1 1) Is the Cuslorneril-esgerra lore�n 2averwripnil Gr the represootaliye Many foreign government? B�s�c: Qu8filicmiori InIonallon n voked as tied a 9 1) Has lhe Cusforner or any parly to this applh�a!Jon had my FCC Mallon aulboflza[ton, Noonse. our consiripalion permil rc application far an in[fial, modiNzlion at renewal of FCC'station auRrortz.afion, license or Eq�,I%o6on sMon? Yes IN0 2) Has, the Customer or any party to Ihs, flilng, or aoW party directly or indwectly controlling the CArstomer of any paIV to Ilhli� filmg eveo been wnvic,lsd of a felon� lb� anj 51diep or wefaf Court? Oyps 040 3) Has any court finally actudged the Cw5torper or �y parly directly or indkedy conirollting the Cusiorrier guitty of unlawfully rinonopol0rig or aftempl�irg to, unlaAflly n-uDnopr4lz.e radio, corroniflnicilian� dire"'fly or iodkectly, ffirouW4 coriltol of nrranufarlure or sale, of iadio opparalu5, excluilve ElYes INNO r., Mn—rh Aqt.. r-6fl,Afi- I The CuMorner)Lessee aarees that the Lease �s not a s4k-r Yes 2� The CumomeoLessee acknowledges; Ihai 4 is required to cornpl� Min fire CotnoirsWurfe Rules ond RegulatJons arld Other apiricalble law M alf bme., and I — C�jsloinerfl-egsee lails, 0 so immply the Lease ,Toy be revoked, (Ancolled, or terminated tfy either Ille Ucensee or the MP5 cornrniss�ori 3) The Cusfourerll-e5sae cudlfle�s that neiflier 4 oo� any offier party to ,he ApplicalljorVNolf(walron is SUIcKt 10 a denial of Federal bencrts pursuaril to Secfion 53JOI of Ve Anh-Drug Abtr.5e AW of 1988. 21 U-S-C § 862, because of a corivichoo lot possession or dWribution of a controlled substoocr, Eykes, SeeSo0w 20G2LbLiof0iendes,4?q for the defirrilkm ol J�arjy lr,� Me apirlirition" as wed in lNs, cenification,) 4) The CusIw&?.VLes.w.e Nrcby ancepts Counrn�smjoii ovefsl hl and PfftimonranI wnsislerrI with �hp liceosp, and lease aruithors,.eton The Lessee aicknowled9eq Mal it niast o�pwale fully Willi any investigalion or nqu�ry conducted eilhe� by the Commisisw or the Ucflispe, allow Vie Commission Or the Uoell�sae to conducl no-Mle �nspecfions of Itansviission facilkires, and suspend Operations at the difedor, of [he Ccoprnl0on or khe UcLnsei� and to 1he exteot fliaEl smir 00! an would be consistent Willi —. ��wsron of 5� The Customqdl.6ssee ackpowledges that in me event an Authro6zation held by a Licensee that if bas as�=,Wjoo w4h it a speotrurri ea.0ig arrangerneni that is %e subject of this fArg rs revoked, cancelled, lerm,naled, or ofl'"s�p. ceaseg to bp irii ef`Iecl, the Cuslornor&es5pe 0III have An [Nyes� corlikluing au(hacly 10 use Me ]eased spectrum end wfll be requin;'d 10 terminale Its operations no War thin the date ar� whrGh lhe Licensee ceases to have any aullhorily to operate under the Itcoose, onless offierMse alullanzed by itre Commission 6) Fhe agrees, the Lease 5b8ll not be as,�nedl to any entily thal ls; riot efigible of qualified Io o 'f into a spectruni ieasino . . .... as a an ment undef fire Commi0orts Rules and a �_t_ . Rniflati n% . . .......... I)i1heCustorror/Lessec wainesanyda4in to Ifeuse0anV ptirliculm Ircquencyatal o6��r of [be orotherwise 8) The Cius[)Dmar&er.�eee cerbrieg lhai It is nW ifi, default on any paym�,nt for Coninossmir lk�enses and that 4 Is not deif—Nwil W—any"o—on—lax —dlehl'" my, owed to aj!y iodaraI �gency The Custorriarli-essee certifies that i01 ofits, striternents made in this AppficafionlNofirication atid In the schedules, m�xhibifti, altachileft ordocurnfflits incorporated by reference are m6terial, a ve part of this ApplIcatloalNotification, and are true, complete, corre�-.L, and made In good fakit The CustDnie,01.essee she I f nnLFy Sansas in writing In Vie event any Inrormation supplied on this form chariges, ype or Printed! Narne of Party Authorized to S go Arst Nnrm� MIL Last Www SLIMC Nancy Backus -Tile— Customer Nanw�: Mayor City of Auburn . .. . ...... . . . ............... . ......... . . . ............. FAILURE 70 S:IGN THIS APPLICATlON MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID, WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY A—TACHMENTS ARE PUNISHABLE BY FINE ANWOR IMPRISONMENT (U,S, Code, TRIe III. Section 1001) ANDiOR REVOCA11ON OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S, Code, Title 47, Section 312la)(1)) ANDIOR FORFEITURE iO.S, Code Title 47, Sectlon 503�� RES.A Page 123 of 195 f.";ONFIDENTIAL � Page 3 (fl, '10 Part 2 AMI AGREEMENT Equipment. A. Purchase of Equipment. Customer shall purchase all Equipment from Sensus' authorized distributor pursuant ro the forms and conditions (Including any warranties on MCh Equipment) agreed by Customer and Sensus authorized distributor, 'This Agreement shall not affect any terms and conditions, including any warranty temis, agreed by Custorner arid Sensus" authorized distributor, It Customer elects to purchase any equipment or services, drecily from Sensus, or if Customer pays any fees or other costs to Sensus,, then Sensus' Terms of Sale shall apply, The "Terris of Sale" are, available at: tit lria,s.,,nsus,cor;nITCPTertn;sCondlitb,nUdf, or 1-800-METER-IT, B . THERE ARE NO WARRANTIES IN THIS AGREEMENT, EXPRESS OR IMPLIED, THERE ARE NO IMPLIED WARRANTIES, INCLUDIING WITHOUT LIMITATION, WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED,, Services. A, Installation of Equipment, Instalblion services %ill be as, agreed between the Customer and Sensus' authorized distributor. Sensus will not provide installation services pursuant to this Agreemeril, B, Software Implementation. Sensus shall instalt and configure the Software and shall Ins et the Software on the Server Hardware, C, IT Systems Integration Services. Integration of the Software into Customer's new or existing inIemal, IT SySerl'S is not Included in thls Agreement. D Technical Support. Sensus shall! provide Customer the tuchnicat support set forth in Exhibit 8. E. Project Management Project Management oil the AMI System is not Included In this Agreement, Software, A. Software as a Service (SaaS), Sensus shall provide Customer with Software as a Service, as defined In Exhibit A, only so, long as Customer is current in its payments for such services, 4, Spectrum A. Definitions in this Section 4. In this Section 4 only, "Sensus "" mean Sensus USA Inc. and Its wholly owned subsidiary, Sensus Spectrurn LLC, B. Spectrum Lease, Sensus hereby grants to Custoaner, and Customer accepts, a spectrum manager lease ("Lease") over the frequencies of certain FCC license(s) (' FCC License " ") solely within Customers Service Territcry, (The frequencies of t1he FCC License 4hin Cuslomer's geographic Service Territory are called Oe Customer shall pay the Ongoing Fees, for use of the Leased Spectrum; if no Ongoing Fees are specifically listed for use of the Leaied Spectrum, then Sensus shall partition $9010 from the other Om oinq Fees and such amount is, hereby allocated to this spectrum lease pursuant 9 to this Agreement. C. FCC Forms, At the Federal Communications Commission (FCC), Sensus will; (1) obtain an FCC Registrafion Number (FRN) for Customer" (2) bubmiil on behalf of Customer the FCC Form 602 Ownership Disclosure information if Customer has not already done so; and (3) file a FCC Form 608, notificalloriapplicallon for long-term spedrunn, manager lease, This Lease becomes effeclNe when the FCC accepts the FCC Form 606. D. Lease Application. In order to complete the FCC lease apickcation, Customer will promptly: j. Complete and sign the representations in Pad 1 of this Agreement Such That Customer demonstrates it qualifies for a spectrum lease under FCC rules, Customers signature will indicate Thar Customer authorizes SOfISUS to; (t) obtain an FRN on behalf of Customer: (2) submit the FCC Form 602 Ownership Disclosure l Information on behalf of Customer It Customer has not already done so; and (3) file the spectrum manager lease notfflication on FCC Fonn, 608 with the Customer as spectrum lessee. II. dive Sense the coordinates of Ifie boundaries of Customer's Service Territory or alternatively, approve Sensus'esfirnation of the same, N It Customer has not already done so; Customer hereby aultio4zas Sensus to apply on Customer's behalf and obtain for Customer a Federal Registration Nurriber (FRN, the FCC's unique ldenbfipr for Fach licensee) and shall supply Serisus with Customers Taxpayer Identification Number (TIN). iv, Provide any other information or other cooperation reasonably necessary for the Parties to perform, as set forth herein, E, Permitted Use of Spectrum Lease. CLIStOner may transmit or receive over the Leased Spectrum Only In the Service Territory and only using FlaxNet equipment manufactured by Sensus and used In accordance with Sensus ' %ppcifirafinng. C"Istrun- moy use the Leased Spectrum only to read and direct meters in support of Customer's primary Lidlity business or any olber operation approved by Sensus In wriling, Williout limiting The foregoing, Customer is prohlbred from reselling, subleasing or s0icensingi the Leased Spectrum or from transmitting voice communications over Ilbe, Leased Spectrum R Term of Spectrum Lease, Unless terminated earlier (because, for example, Customer stops using the FlexNet equipment or because this Agreement. n terminates or expires for any reason), this Lease will have the same, temn as the FCC license, If Customer is operating in compliance with this Agreement and is current on any payments owed to Sensus when the FCC License renews, time Parties will apply to the FCC to renew this Lease, G. Ternifnaflon of Spectrum Lease. The Lease wilt terminate: (a) two months after Cuslorner stops transmitting with FlexNet equipment manufactured by Sensus; (b) upon termination, revocation or expiration of the FCC License; (c) upon Customers breach of this Agreement: or (d) upon termination or expiration of MisAgreemeni for any reason, H, FCC Compliance, The following FCC requirements apply RESA J, Pursuant to 47 CFR 1,9040(a): (a) Customer most comply at all limes wits applicable FCC rules, This Agreement may be revoked by Sensus or the FCC if Customer lags to so comply; (b) If the FCC License is lenninated, Customer has no, continuing right to use the Leased Spectrum unless otherwise authorized by the FCC (c) 'This Agreement is not an assignment, sale or otiner transfer of the FCC Llcensei (d) This Agreement may not be asshqned except uponi written consent of Sensus, which consent may be withheld in its discretion; and (e) In any eveni, Sensus wit not consent to an assignment that does not satisfy FCC rules. it Referencing 47 CFR 19010, Sensus retains de, jute and de facto control over the applicable radio facilities" including that, (a) Sensus will be responsible for Customer 's compliance with FCC policies and rules, Sensus represents and warrants that it has engineered lhe FfexNet equipment and accompanying software ,end other programs to comply with FCC rules, Customer will operate the FlexNet equipment subject to &BI]SUS' supervision and control and solely in accordance with Sensus' specifications. Sensus retains the right to rmped Custorner's radio operations hereunder and to terminate this Agreement or take any other necessary steps to resolve a violation of FCC rules, inducting to order Customer to ease transmission, Sensus will act as spectrum manager in assigning, spedrum under Pie FCC License so as to avoid any frarnitui Interference or other violation cif FCC rules, Sensus will be responsible for resolving any interference complaints or other FCC rule violations chat may arise, and Page 124 of 195 COW IDEN TIAL I Page 4 of 10 IC S Ensus (b) Sensus will file any necessary FCC Inns or applications and Customer agrees reasonably to assist Sensus with such filing by providing any, necessary information or other cooperaflon, Sensus w4[ otherwise Interact with the FCC with respect to this Agreement, the FCC License or F lexNe I eq urilip rnent, I Interference. Customer agrees to report to Sensus promptly,, and in no event later than 72 hours, afterward, any incident related to the Leased Spectrum, includingw1here Customer experiences harmful interference, receives, a complaint or other notice of having caused harmful interference, or receives any type of covViinunication fioirr the FCC w other govenilueri[ ayeuuy wyaidl[q fadlu General Terms and Conditions. A. Intentionally Omitted 8, Limitation of Lial I Sensus' aggregate lability in any and alt causes of action arising under, out of or in relation to this Agreement its negotiation, performance, breach or termination (collectively '�Luses of Action ") shall not exceed the girpater of (a) ifie tool amount paid by Customer directly to Sensus under tlim Agreement; or (b) ten thousand US dollars (USD 10,000-00) This is so whether the Causes of Action are In tort, inducing, without limitalion, negligence or strict liabtliy, in contract, under Statute or :41herwise, As separate and Independent limitations on liability, Sensus' liability shall be limited to direct damages. Sensus shall not be liable for; (I) any indirect, inddental, special or consequentiat damages; nor (it) any revenue or profits, lost by Custorneror its Afffliates from any End User(s), irrespective whether such lost revenue or profits is categorized as direcl, damages or otherw[se; nor (N6) any In/Oul Costs; nor (Nl manual meter read costs and expenses; nor (v) damages arising from maincase or bottom plate breakage Caused by freezing lamperatures, water harnmer conditions, or excessive water pressure. The limitations on fabil% set forth in this Agreement are fundamental Inducements to Sensus entering into this Agreement. They apply unconditionally and in all respects, They are to be interpreted broadly so as to give Sensus the maximum protection penn[tted under law, ii. To the maximum extent permitted by law, no Cause of Acton may be instituted by Customer against Sensus sore than TWELVE ( 12) MONTHS after the Cause of Action first arose In the calculation of any damages in any Cause of Ac(ilm', no damages incurred more than TWELVE (12) MONTHS prior to the filing of the Cause of Action shall be reGaverable, C. Termination. Either party may terminate this Agreement earlier if the other party commits a material breach of this Agreement and such material breach is not cured within forly,five (45) days of written notice by the other p�arty, Upon any expiration or termination of this Agreement, Sensus' and Customer's obligations hereunder shall cease and the so rare as a service and spectrum lease shall irnmedlairdy coEsp, D. Force Maieure. If either party becomes unable, either wholly or in part, by an event of Force Majeure, to fulfill Its obligations under this Agreement, the abhgations affected by the event of Force Majeure will be suspended during the continuance of that lnalbilo, The party affected by the force majetoe will take reasonable steps to mitigate the Force Majeure, "Force Maieu " means an event beyond a party's reasonable control, including, without qmliation, acts of God. ingricane, Hood, volcano, tsunami, tornado, storm teiripest mudelide, vandalism, Illegal or unauthorized radio frequency Interference, strikes, lioc. k�uls, or other industrial disturbances, Unavailability of component parts of any goods provided hereunder, arts, of public enemies, wars, blockades, insurrections, hots epidemics, earthquakes, fires, restraints or prohibitions by any court, board, department, commssion or agency of the United States or any States, any arrests and restraints, civil disturbances and explosilon. E, Intellectual Property. No Intellectual Property is assigned to Customer hereunder. Sensus shall own or continue to own all intellectual Property used, created, andlor dedved In the course of performing Its Agreement. To the extent, if any that any ownership interest In and to such intellectual Property does not automatically vest In: Sensus by virtue of this Agreement or otherwise, and instead vests in Cuslomer, Customer agrees to grant and assign and hereby does grant and assign to Sensus all right, little, and Interest that Customer may have in and to such bliallectual Property. Customer agrees not to reverse engineer any Equipment purchased or provided hereunder, 'Intellectual Pro d " means patents and patent applications, inventions (whether patentable or not), fradlemarks, service marks, trade dress, copyrights, trade secrets, know-how, data rights, spedfications, drawings,,, de5Igris, maskwork rights, moral rights, author's rights, and other Inte0ectual property rights, as may exist now or hereafter come into existence, and all renewals and extensions thereof, regardless of wheflipi any of such rights arise under the laws of the United States or of any other state, country or jurisdiction, any registrations or applications thereof, and alf goodwill pertinent thereto, F. Conficienflatity. Both parties shall (and shall cause their employees and contractors to) keep all Confidential informallorr strictly confidential and shall not disclose it [a any third party, except to the extent reasonably required to perform and enforce this Agreement or as required under applicable law, court order or regulation. As used herein, "Confidential Information" means any and all non - public information of either party, including the terms gat this agreement, all technical intormaton, about either party's products ca services, pridlig inlomiallon, rnarkefing and marketing plans, Customer's End Users' data, AMI System performance, AMI System architecture and design, AMI Systein software, other business and financial information at either party, and all trade secrets of either party, The Confidential lintormalion, may be transmifted orally, In writing, electronically or otherwise observed by either party, Notwithstanding the foregoing, `Confidendat information" shall not include; (I) any information that * in the public dornain other than due to Recipient's breach of this Agreement; (ii) any information in the POSSCSSIM of the Recipient without restsictIon prior to disclosure by the Djsdosar; or (III) any information independently developed by the Recipient without reliance al the information disclosed hereunder by the Disolloser, "Discloser" means either party that discloses, Confidential information, and "Recipien means either party that receives it, G Non-Waiver of Rights, A waiver by either party of any breach of this Agrecrnent or the failure or delay at wither party to enforce any of the articles or other provisions of this Agreement will riot in any way affect, limit or waive that party's right to intone and compels strict compliance with the same or other articles or provisions H Assignment and Subcontracting. Either party may assign, transfer or delegate this Agreement without requiring the other party's consent; (Q to an Affiliate: (11) as part, of a merger; or (iii) to a purchaser of all or supstanlialiy all of its assets. Apart from the foregoing, n0her party may assign, transfer or delegate this Agreement wiflioul the prior written consont of the other, which consent shall not be unreasonabty withheld, Furthermore, Customer acknowledges Sensus may use subcontractors to perform RIF Field Equipment installation, the systems integration work (it applicable), or project management (ilf applicable), without requiring Customer's consent, l, Amendments, No alteration, arnandment, or other modification shall be handing unless in writing and signed by both Customer and by a vice president (or h ig her) of Se nsu s, J, Governing Law and Dispute Resolution. This Agreement shall be governed by construed and enforced In accordance with the laws of the State of Washington r Any and all disputes arising under, out of, or in relation to this Agreement, its negotiation,, perforniance or termination (`DLqp aj) shall first be L resolved by the Parties attempting inediation in Washington, if the Dispute is not resolved within sixty (60) days of the commencement oi mediiatkin, it shall be litigatisd in the Mate or feral courts located in WashingloriL TO THE lvIAXiMUM EXTENT PERMITTED BY LAW, THE PARTIES AGREE TO A BENCH TRIAL AND THAT THERE SHALL BE NO JURY IN ANY DISPUTES, K, Restriction on Discovery, The Parties acknowledge the abundance of documents, data, and other information stored in an electronic manner and the time and costs associated with relieving relevant electronic data from the Parties during the Discovery portion at a claim, Accordingly, the Parties shall utilize only printed or hard-copy clocornents, data, and other information In Discovaq and shall not use or request eledfrJ* or e-Discovery methods for any claim, demand, ali)ltratlori or litigation subject to this Agreement All relevant and unpholeged printed or hard-copy materials shall, be subject to Discovery, buf RESA Page 125 of 195 CONFiDENTIAL � Pagc 5 of 10 II SEEMS,/. SIEnsus neither Party has an obligation to maintain printed or hard-copy files in anticipation of a, claim, dernand, litigation, or arbitrafion proceeding, L Survival, The provisions of thus Agreement that we applicable to &GLIM31I arising aiter its termination or expiration shall survive such termination or expiration. M, Severability, in the event any provision, of this Agreement Is held to be void, unlawful or otherwise unenforceable, that provision world be severed from the rernainder of the Agreement and replaced automatically by a provision containing tennis as nearly like the void, unlawful, or unenforceable provision as possible; and, the Agreement, as so modified ,will continue to be In full force and effect N, Four Corners, This written Agreement represents the entire understanding between and obligations of the pales and supersedes all prior undersiandings, agreemerIs, negotiations, and proposals, whether whillen or oral, formal or informal between the parties. There are no other, teram or coridiflons, oral, written, electronic or otherwise, There are no implied obligations. All obligations are specifically set forth in this Agreement Further, there are ino representations that induced thus Agreement that are not included in ft. The ONLY operative provisions are set forth in writing In this Agreement, 0, Counterparts. This Agreement may be executed in any number of counterparts, each of which shall, be deemed an orliginal, but all of which together shalf constitute one and the same irrstrument. Additionally, this Agreement may be executed by facjsimllfe or electronic copies, all of which shall!, be considered an orioginali for all purposes, Definitions. As used in [his Agreerneril, the following terms shall have the following meanings; A ".Affiliate" of a party means any other entity conlrolling, controlled by, or under common control with such party, where "control' of an enuty means the ownership, directly or ridiredly, of 50% or more of either: (i) she shares or other equity in such entity, or (If) the voling rights in such entity. R 11AM1 System" Identifies the Sensus FexNet Advanced Meter infrastructure System comprised of the SmartPoint Modules, RIF Field Equipment, Serve( Hardware, software licenses, FCC licenses, and other equipment provided to Customer hereunder, The AMI SyMern only includes, the foregoing, as provided by Sensus Throe AMI System does not Include goods, equipment, software, licenses, or rghb provided by a third party, of parties to this Agreenntril, C 'Echo Transceive0dertilies the Sensus standalone, mounted relay device [hat takes the radio frequency readings from the SinfartPotint Modules and relays them by radio frequency to III relevant FlexNet Base Station, D "End User" means, any end user of dectricty, water, andlor gas (as app4cable) that pays, Customer br the consumption of electricity, water, and/or gas, as applicable, E 'Field Devices" means the meters and Smar-I Modules, F. "FiaxNel Base Station" idmilifies the Sensus inanufactured device consisting of one transceiver, to be located on a lower that receives readings from the SmailpoirI0 Modules (eifter directly or via an Echo Transceiver) by radio frequency and passes thow, readings to the RINI by TCPIIP backhaul communication, For clarity, FleyNel Base Stations include Metro Base Staborm G. "FlexWar*114 Softward'idenfifies thp Sensus proprietary software used in the RNI and any Patclies, Updates, and Upgrades that are provided to Customer pursuant to the terms of this Agreement K "harris; Software' means • the specific III of software provided by N. Harris Computer Corporation only to the extent Customer'; (i) has been provided pricing for that specific item of Harris Software; and 01) is current in its payments for that specific item of Harris Software, 1, "InlOat Costs' means any costs and expenses incurred by Customer In transporting goods between its warehouse and its End User's premises and any costs and expenses Incurred by Customer in installing, uninstallfrig and rerno*g goods. J. "Infellectaial Property" means patents and patent applicatioris, inventions (whether patentable or not), trade narks service marks, trade dress, copynghts, Veda secrets, kjjoWLh0W, data rights, specificallofls, drawings , designs, maskwork rights, nioral rights, author's rights, and other intellectual property rights, Including any derivations and /or derivative works, as may exist now or hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights, aftse under the laws of the United States or of any other state, country or jurisdilotion, any registrations or appliQal*s theraof, and all goodw#I pertinent Ifieretc. K. 1CVider4ifies the load controt nrI L "Ongoing Fee"' means the annual or monthly fees, as applicable, to be paid' by Customer during the Terrn of this Agreement, M. 'Patchee means patches or other maintenance releases Of the SOftWaff that correct processing -,nors and other faults and defects found fifavii:ius versions of the Software, For clarity, Palches, are not Updates or Upgrades. N. 'Permitted Use" means only for reading Customer's meters in the Service Territory, This Permitted Use does not Include reading third party meters or reading meters outside the Service Territory. 0, 'Release means both Updates and Upgrades, P Remote Transceiver' identifies the Sensus Aafldalone, mounted relay device that takes the radio frequency readmits lI the SmartPoint Modules and relays them directly to the RNf by TGPIIP backhaul communication. 0, "PFFfaid Equipment means, collectively, FlexNel Base Stations, Echo Transceivers and Remote Transceivers. R, "W" denlifiet the regional network interfaces consisling of hardware and software used to gather, store, and report data cdleded by the FlvxNet Base Stations from the SiranPoint Modules , Ire RNf hardware specifications will be provided by Sensus upon written request from Customer, S, "Service Territory' idendfies the geographic area where Customer provides electricity, water, anidlor gas (as applicable) services to End! Users m of the Effective Date, This area will be described in the part es" lease fiting with ffie'r-co. T, 'Server Hardware' means the RNI hardware, U, "SmartPoirit"I Modules" identifies the Sersus tranismissbn devices installed on devices such as meters, distribution autornation eqi,6pmeritand demand/response dev�es located at Customer's End Users' premises that lake the readings of the maters and transmit those readings by radio fre,,qU800Y to the, relevant RexNet Base Stator, Rmote 'Transceiver or Echo Transceiver V, "Software' means all III Sensus pfolpiletairy software provided pursuant to tNs Agreement, and any Patches, Updates, and Upgrades that are provided to Customer pursuant tc the, ternris of this Agreement. W "TouchCoapter Unif idenfifies an induclrve coupler nor Inaction from a water register to the SmailPoirit Module, X "Updates" means releases of the Software That constitute a minor improvement In functionailty, Y. "Upgrades ' means releases of the Software which consMute a significant improvement in fundionality, or aidlitecture of the Software, W. "WAN Backhaut" means the corrimunivatirm link between Flexrlet Base Stations and Remote Transceivers and RNf, RESA Page 126 of 195 CONFIDENTIAL 1 Page 6 of 10 IN UP101011110111 VNIP Exhibit A Software as a Service Nsciq*on of 5',Prvices, The exhibit con',,ains the details of the Software. as, a Service that Sensus shaA provide to Ctistomer If bofh� �jj, pricinq for Software as a Service has been provided to the Cuslorne(I and (it) the CUSIdiffler is current In its paymenis for Software as a Service. Termination of Software as a ServIce, Customer shall have the option at any time after fut deployment but before (tie end of tie Term to terminate the Software as a Service by giving S�en:sus one hundred twenty (1 20)� calendar days prior written notice, Upon delivery of tire notice, Cuslorner shall purchase the n,ermsary RNi(s) and shall pay all applicable fees, Including any unpaid Software as, a Service fees,, Such notice, once delivered to Sensus, Is irrevocable. Should Customer elect to terminate the Software as, a Ser&e, Customer acknowledges that; (a; Customer shall purchase the RNI hardvvare� ('b) Customer will purchase the necessary software frense(s); (c) Sensus, will cease to provide the Software as a Service ; the parties will fulfill their resperflye obligations provOed that the Customer shJ only be obligated In purdiase software Iceflses it it elects to continue to use and host the Sensus software, Sensus acknowledges and agrees at Me time ol term�natbn arid subsequent purchase, flie Customer is the sde, owner of any hardware purchased by the Cily from Sensus, Customer shall own all raw end user data, Sensus shall conlinue to own all! Intellectual Property created during the tarm of the Agreement, including any aggregated and anonymized data. B. Software as a Service Definition. 1, "Software as a Service" means �i 12 the followft striii4a& I� Use of RNf hardware, located 91 Sensus'or a third party's data center tadiity (as determined by Sensus), that is necessary to operate the AMt System, ti, initial training I , (not to exceed five days) on the use of the AMI Systerni and: all product documentatIon, including any updales to product documentation. iii, Providing Patches, Updates, and Upgrades to latest Sensus FlexWare Software re�eases, iv, Providing FCC spectrum, pursuant to the terms ol hie spectrum �ease, to operate, the AMI System (for USA customers) v, Providing remote; flornware ni&tenance for FlexNet Base Stations and SmartPoint Modules (Customer must provide IP access to each Fl;exNet Base Stabon in order to perform secure shell, (SSH) finclions), vi, Providlng certain third party software required to operate the RNI (specifically, Microsoft SQL server, Microsoft Windows Server, Red Hat Lrrux OS, and other Bundled Software), vi, Providing secure Web portal access to the hostpo FbxWare Software application for the Cuslomer (Custorner systern administratorgran[s RNI access to aultiorized Cuslorner personnel as they are added), viij. It requested, submitting a "daily readIng Me" in standard file tormat containing hourly co-isumption reads and all! amia* alarms collected by the AMI SyStC11R, Including exception: reports, such as zaro consumption reads arid non-responding Ineters (mclu&g traceability to the meter tocationwhen the meter installer provides, the location, informattofl�, ix, 24x7x365 server and network rnDnitoflng and trouble ticket generation, advanced security munitonngi arid, preventative maintenarice rnooiloring using diagnostic software tools, x, NetwA optImization after the finalI propagation study and FlexNet Base Station site plan is verified by Sensus, and network tuning of endpoints deployed in the Service Ternfory, xi, Perwminig daily off-sile vaulting ot encrypted backup tapes containing, one year of history for auditing purposes, xii� ProOding current Sensus fixed base reporting saftware, (tor up to 50,0010 SmadPolnt Modules), for up tothirteen (13) months of hourly data retenfion tor basic reporting, route processing and querying finclionalify. xiii- Providing telep�l,one support consistent with the Sensus, Technical Support as so forth In Exhibit 8, xiv. Providing "hot failover" disaster recovery sdution within twenty four (24), hours xv� Providing FlexNet Base Station pads repair or replacement, at Sensus'&Gretibn, This excludes field repair labor and fie�d maintenance l�abor� 2, 'Software as a Service" does no j Include any of the, fokowing services: I, �—orma"Tp—eflodic processing of accounts or readiings for Customer's billing system for Nflng or other ana�ysls purposes (Dther than dat!� file delivery), ij� Fietd labor to troubleshoot any SmartPoint Modules in the field! in metai popukations that have been previously accepted, hi, First response labor to troubleshoot RexNet Base Stafion, Echo Transceivers, Remole Transceivers or other fileld network equipment, iv, Parts or labor required to repair darnage to, any field network equipment that Is the result of a Force Majeure eVentL v. Customer unders,tanids that the Sensus route manager meterdata management (MDM) application is Iimiled to 510,G001 or fewer ScmdPolnIt Modules, and Customer must udlj7e, an enterprise NIDMS (or other suitable solution) to manage reading data when system size, exceeds 50,,O�00 Sm,dPoint Modutes. If an itern is not listed in subparagraphs (1) or (2) above, such item is exdude4 from the Software as a Service and is subject to additional pricing, Futilmr AgmempnN A. System Uptime Rate Sensus (or its contractor) shall host the FlexWare Software application or computers owned or controlled by Sensus (or 14s; contractors) wid s1half provide GUSIMer access to the hosted FlexWare Software application via internel or point fD point connection li,e., Hosted-Access use), according to Vie terms be�liow SonSLIS endeavors to malntaIn an average System Uptime Rate equal W ninely-nine (99,0) per Mon1h (as defined below). The System Upt�me Rate shall be calculated as foltows: System Uptime Rate m 1010 x (IMO – Total NgLI-Schieduled Downtime minutes in the Monith TMO 2. Calculations i, "Targeted Minutes of Operation" or 11TM9' means tritalt minutes in the applicable month ("Morn") minus the Sclieduled Downtime in Pie Month, 4, "Scheduled Downtime" means Pie number of ff0nutes during the Monith, as rnpa%ired by Sensus, in which access to the FlexVVare Software is scheduled to be unavailable for use by Customer due, to planned system maintenance. Sensus sha0 provide Customer notice (via emall or ctherwise) at icaisi seven (7) days in advance of commencement of the Scheduled Doonlime, iii, Von- Scheduled Downtime" means the number of miflutes during the Month, as memured by Sensus, �n which access to FlexWare Software is unavailable for use, by Customer due to reasons other lharr Scheduled Downtime or the Exceptions, as defined below due to a need for unplanned matntertance or repair)- 3. Exceptions, "Exception " mean the following events: RES.A CONFIDENTIPL�9#0270 Of 195 SEnsus, I, Force MaIeure; 11, Emergency Work, as defined below; and III. Lack of Internet Availability, as described below, 4, Emergency Work, In the event that Force Majeure, emergencies, dangerous condition,, or Other exceptional circumstances arise of continue during TMO, Sensus shall be entitled to take any actions that Sensus, in good tath, determines is necessary or adWsable to prevent, remedy, mitigate, or otherwise address actual or potential, harm, interruption, loss, threat, security or ilke concern to any of the f lost Systems or the FlexWare Software � " "Eme�lenoy lurk, "), Such Emergency Work may include, but is not limited to: analysis, feeling, repair, malrdeflainoe, re-setting and other servicing of the hardware, cabling, networks software and other devices, rraterlalr and systems through which access to andlor use of the I'lleMare Software by the Customer 6 made available (the 111-lost Sj� (� U "), Senstis shall endeavor to provide advance nOfi Ce Of Such Enielgency Work to Gusionner when praclicabie and possible. �L 5. Lack of Internet Availability, Sensus shat) not be responsible for any deterioration, of performance attribulabie to latencies in the public Internet or point-to- point network connection operated by a third parly, Customer expressly acknowledges and agrees that Sensus does not and cannot control the ffow of data to or from Sensus nefworks and other portions of the Internet, and that such flow deperds in part on the performance of Internet services provided or conlro led by Mind pales, and that at times, aclions, or inactions of such third parties can Impair or disrupt data transmitted Virough, anWor Customer's connections to, the friternet or point - -point data connection (or portions thereof), Although Sensus Will use commercially reasonable efforts, to take actions Sensus may deem appropriate to mitigate the effects of any such events, Sensus cannot, uarmilee that such events 011 not occur. Accordingly, Sensus disclaims any and all liability resulting from or retailing to such events, Host Site•Security. Although Sensus may modify such security arrangements without consent or notice to Customer,, Customer acknowledges the following are the current arrangements regarding physical access to and support of the primary hardware components of flie Host Systems, 1.. The computer room(s) in which the hardware is installed is accessible only to authorized Individuals. 2. Power infrastructure Includes one or more uninteffulofible Frower supply (UIPS�� devices and diesel generators or other Mernative power for back-up electrical power, 3. Air-conMoning facilities (for humidify arid temperature controls) are provided In or for such computer room(s) and can be monitored and adjusted for hurniclity and temperature settings and control. Such air systems are supported by redundant, back -up andlor switch-over environmental units, 4, Such elecIrical and A/C systems are monitored on an ongoing basis arid personnel, are available to respond to system emergencies (it any) In real time, 5, Dry pipe pre.-action fire detection and suppression systems are provided. 6. Data circuits are available via multiple providers, and diverse paths, giving access redundancy. C. Responsibilities of Customer I Customer shall promptly pay all Software as a Service fees. 2. Customer may not (I) carelessly, knowingly, intentionally or maliciously threaten, ditsrupt, harm, abuse or interfere with the FleMare Software, Host systems or any of their functionality, Performance, security or integrity, nor attempt to do so; (Ii) Impersonate any person or entity, including, but not limited to, Sensus, a Senses employee or another user; or (III) forge, iatsify, disguise or otherwise manipulate any identification Information associated with Customer's access to or use of the FlexWare Software application. 3, The provisioning, compatibility, operation, security, support, and maintenance Of Customer's hardware and software ins ") is exchisNely ithe responsibility of Customer Customer is also responsible, in particular, for correctly configuring and maintaining (I) the desklop, environment used by Customer to access tire FlexViVare application hosted! by Sel-ISLIS; and (fl) Cl.tstomer'os network router and firewall, if applicable, to allow data to flow between the C ustorner's Systems and Sensus'Hosl Systems, in a secure manner via the public Internet, 4, Each of Customer's authorized users w0 receive a userna;me and password upon completion of the applicable Sensus registration process ("Authorized Users"), Such usernames and passwords Mf allow Authorized Users to access the FleMare Software application, Customer shalt be solely responsible for maintaining the security and confidentiality of each user ID and password pair associated with Customer's accounl,, and Sensus will not be liable for any bss, damage or liability arising from Customer's account or any user ID and password pairs associated with Customer. Customer is fully responsible for all acts and omissions that occur through the use of Customer's account and any user ID and password pairs, Customer agrees ii) not to allow anyone other than the Authorized Users to have any access to, or use of Customer's account or any user fi) and password! pairs at any tame„ (ii) to notify Sensus Immediately of arry actual or suspected unauthorized use of Customer's account or any of such user ID and password pairs, or any other breach or suspected breach of security, restricted use or confidentiality, and (III) to take the Sens us recommended steps [a log out frorn, and Otherwise exit the FlexWare Software application and Host Syst"s at the end of each session, Customer agrees that Senses shall be entitled to rely, withotti inquiry, on the validity of the user accessing the FlexWare Software application through Customer's account, account ID,, usernarnes or passwords, D. Disaster Recovery, In the case of a disaster and loss of access to or use of the Flex" are Software application. Sensus shall use commercially reasonable efforts to restore olperafions at the sarne location or at a backup location within twenty four (24) hours, Customer acknowledges and agrees trial such in event may result in partiat or degraded service when restored, The pre-6sasteriloss level of service shall be restored as a soon, as commercially reasonable. 0 Uresin is PMWding CL Monier With a licersse to use Hairls Software, Custorner agrees to the following: UsOmer License Agreemeru t NO kciamse M given 11 the cuslornr nor Oe souli"a wde to the i-ars sftvafe, The cwmirncl '39rees Mar ilmll not alrempt to deteve, or permit or holis others to revive Me ,,mc.e aide oAatinq ki:i, Me or allei'llo M rlJiKm,,,,e coovod or alter the Nan,* 1Sallware into Nnvan #eiilabte, case Hie CuF baler flArvief agrees MaHt Or lot arpmpI lo dui kca%, or erniii M help olhirus IQ duirAceirB tre souTco Code re alipig M 1112 Hams SM fwarv: 2 The Cw�,Iomer 0all bive no ri9b I mm&fy Hit Hanm Sdhv are suppNed by sensors Im Gag birm's uso� under Ili is GuaJuoitv I. ic on 5e Arjrtarneak wylhoul he piw wriflai apWaval and dirochnn 0 senses r7aid Havis I Cusltomer 001 nil still rise Qrperivil ire 501iceil�,c Wally of Me niqlhis granied Iv die CuMorfler rel a Wd W Me 11,3° w Sothvare, 4 Ilbe custamor agrees Viat 11 WIN runt, 0%14A as 01torwho exrXessly proodod m rhi�, Lijeoqwr iicen5e Agreerroil or except as *[aWd by Gustonrers siandard conirnfler iVsium's hacwp prooedures ar0or fr-'1k0 Or adIUWQIrIerS tOsJlak,,r�Oples or repodLimoris W the ­enjs Softwarc, or other proirriotory Oiformaiinqi in airy terser. 5 Me Custorm wvltenwre thatilhe yfribriiand Gillet f'opyoglit and proprielmy nDfircis olHarnr MI rernamoo Me Hmos tinware err m0inq,readable ropm 6 Tim CosWiw & will 1Hwar ilia same caie lo sale Inp . ilarfis SofiWIFE as 0 lakes lo sateqijard ll'S M1 confidenkil irillnunallon 3110 ,woh care ,Moll rM be any terns than %ould be takeii, by a per,,mn to sah gwird il', ovm ciiflrderiU miloamlio,n 7 rM Mind parq,, Mier thaii daly aolhowed agei%, or einpbyees & the CwAMPer NfliM72d PWSAGM ID 11he ricefises insured IlKeunklw, shall NIVP ,ar"CPBS, 10 Or UsP, 01i the HX65 $Di1VV,?f4 8 10 Qrrnbks" Hs7i$ ID ;,NOVIde effKjiur, support, IN, CuMornef rhilk allow Harm to hsvp renvif, iuPF4, N [lie Harrix S,arlware and 01,111 pencil Harris V) use Mine &,9noq6c, (f reqjiio,rd glyppq probhtrri II*qom� RESA C()NFIDEN`TIRq9q,12i1% Of 195 Exhibit B Technical Support Sensus Technical Services provides utility customers with a single point ol contact for Tier 1 support of lechmcal issues as well as any coordination of additional resources required to resolve the Issue, Requests that require specialized skills are to be forwarded to a senior support engineer or Technical Advisor within lfie team for further analysis. It Technical Services has exhausted all troubieshoofing efforts lot the product type, the issue will escalate, to the Engineering Support learn. Occasionally, on-site troubeshootingfafiaiysjs may be required. The preferred order of on -site support & a) The Cuslomer (for assistance willh ff2 easiest and lowest thrre-conmArning actlovifies such as poweron/power off, b) The, local distributor. c) Sensus employees or contracted personnel, it required to ftAfill a conlract commitment, Su ppo rt C a tego r I es 21.1. General questions regarding funclJonality, use of product, how-to, and requests, for assistance an Sensus AMR, AMI, RF Network Equipment Metering Produrt and Sensus Lighting Control. 22 Proactive reporting and resolution of problems, 2.1 Reactive repoffing b isolate, document, and solive reported hardware/software defects, 2A. Responding to service reqL*St3, and product changes, 2.5. Addressing customer inquiries with printed or eiectrcruc documentation, examples, or addition explanaflWdarOlcatioin, j, Support Hours 11 . Standard Support Hours; Toll-free telephone support (11 -800-1338-3748 option #2) is ava0able Monday thru Friday from &DOAM EST to 6 0013M EST. After, hours, holiday and weekend support for Severity I and Severity 2 Issues is available by calling 11-800,638-3748, option All, 4, Support Procedures 4A, Customer identifies an issue or poterifial problem and calls Technical Services at 1-800-6,38-3748 Option #2, The Customer Service Associate or Technical Support Engineer will submit a Support, ticket, 42, The Customer Service Associate or Techj*al Supped Engineer will ldenlify the moiler flameand utility by the assigned sciftwafeserfat number, city, and slate in, which the call originated, The nature of the problem and severity levels will be agreed upon by both parties (either, at the time the issue is antered or prior to upgrading or downgrading an existing issue) using the severity definitions below as a guideline The severity level rs then captured into a support ticket for creation and resoluffon processing, Any time during the processing of this ticket„ if the severity level is changed by Senses, the customer will be updated, Severity Levels Description: Sev1 Customer's production system is down. The system is unusable resulting in total 6sruiption, of work, No viorkarcund is availabie and requires Jinfroediate atipflfion. Example. Network Mass outage, all reading cd ertion devices lifloperable, inoperable head end s0tware (e,g,,, Flex ;are, Sensus MDM), Sev2 Major system featurelfunction failure. Operations are severely restricted; there is a major disruption of work, no acceptable work-around is available, and failure requires irnmediale attention, Examft,c Network equipment failure, (e.g., FlexNet Echo, FlexNet Remote, Base Sration transceiver, or VG13); Inoperable reading devices (e.g,, AR5500, VX1J, VGB, Of COMInan,41-ink)l neac end software application has tmportant functionality not working and cannot create export file for billing symern operations, SeQ The system is usable and the issue doesn't affect crificalf overall operation. Example: Minor network equipment Witire le g,, EcholRernfole false alarms or Base Station transceiver false alarms); head end software application operable but reports are not running property, modification of view or some rion-aftical function of the software rs not running, Sev4 Minot system issues, questions, new features, or enhancernent requests to be corrected in future versions. Exa-niplies° Minor system issues, general queslions, and "How-To" questions. 43 , The Customer Sefvtca Associate or Technical SUPPOrt Engineer identiffes whether or not the customer is an support, U the customer is not on support, the cuslorner is advised of the service options as weli as any applicable charges that may be billed, 4,4. Calls are placed in a queue from which May are accessible to Technical Support Engineers nn a firs i-corne- firsi-serve basis, A first level Customer Service Associate may assist the customer, depending on the difficulty, of the call and the representatives technicat knowledge. Tedinicat Support Engineers (Tier 1i support) typically respond/resolve the majority of calls based on their product knowledge and experience. A call history for the particular account is researched to note any existing pattern or if the call is a new report. This research provides the representative a basis and understanding of the account as well is any associated problems aridlor resolutions that have been communicated, a. Technical Services confirms that there is an issue or problem itial needs further analysis to determine its cause. The following infonnation muiM be coflacled: a detailed description of the issue's symptoms, details on the softwareMardware product and version, a description of the environment in which the issue arises, and a list of any cofrecfive action already taken,. b, Technical Services will check the Internal database and product detect tracking system, to see it reports of a similar proWern exist, and if any working solulions were provided. If an exisfing rmIuJon is found that will address the reported issue, Il snail be communicated to the CUSIOMK Once it is confirmed that the issue has been resolved, the ticket is closed c. If there is no known defect or support that defines the behavior, Technical Services will work, with the customer lo reptriduce the Issue, If the issue can be reproduced, either at the customer site or vvidiin support center test lab, Technical Services wif escalate the fickel for further invesfigatiOn 1 resolution, If the issue involves units that are considered to be defective with no known reason, ifie representative will open a Special Inveskgaton RMA through the Support syslern. if it is determined fli�al a sample is -equired for further analysis, the customer will be provided with instructions that dM,"�O where, to send the protAict s�srnple(s) for a root cause analysis, Once it is determined that the issue cannot be resolved by Tier I PPSOOrCeS, the ticket will to escalated to Tier 2 RESA CONFIDENTIP. � gg V of 195 OZONE 6, Protflem Escalation F`iocess 61. It the normal support process does not produce the desired results, or it the severity has changed, the issue may be escalated as follows to a hkjher level of aulhorfty. 6, l'.' Severity 1 issues are escalated, by Sales or Technical Services to a Supervisor it rot resolved within 2 hours; to the Manage,, level if not resolved within 4 hours; to the Director level' If Fiat resolved within the same business day. and to the VP level if not resolved within, 24 hours. 612 A customer may escalate an issue by calling 1-800,-638-3748, Option 2, Please specify the Support ticket number and the reason why the Issue is being escalated, 6,11 In the event that a cuslonner Is not satisfied worth the level of support or continual problern with their p,roducts, they may escalate a given Support ticket to Manager of Technical Services (1 •800-638-3748, Opfion 2), 7 Gerieral Suppml Provisions and Excltrsions: 71 A Dell- provided three-year ProSupport hardware service plan plus a 4 hour "Mission GrIfical" upgrade accornpanies the server/systern hardware that Senses procures on behalf of the customer. Senses does not Warrant third party server hardware, The customer may renew the ProSupfpM se5ire plan directly with Dell The "DO Master Services Agreement" and 'Pro Support for IT Services Description" documents may be found at www,dell,corniservicp contracts 7,2. Sensus pmuLues ue iain third put[y software Iluenses (u g, Red Hat Enlwpflse Linux) required to opemie the FlexNet-based applimlions on the Dell hardware, Senses registers all the applicable Mind party software licenses In the customer's name and ships all dorunientalJon and licensing information to the custonrier with the server, The customer is responsible for maintaining all third party software licenses, 7.3. in the event of a server hardware (ailure at the customer site, Senses will provide replacement Senses proprietary software (e g.„ FlexWafe) either on d Qjtal media or downleadable from an inlernel site, as necessary, The method of software redistributbri is at Senses discrellon, The customer is responsible for re- installing the replacement software. Senses installation support is not covered under this standard Technical Suppoi-1 program but may be provided as a, fee based service. 7A , census provides online documentation for Sensus, products through the Senses User Forum (htip:/Bmyflexnelsys,lern.comiMadollelUserPLoqin), All SensUS cuslorners are provided access to this online database, which includes operation, configuration and technical manuals. Senses also hosts periodic usergroup leleconferences to facilitate the Interchange of product ideas, product enhancements, and overall customer experlenras The customer shall provide names and email accounts to Senses so Senses may provide access to the Portal, 7,5, Specialized support irorn Senses is available oo a fee basis, to address support iSsues, outside the scope of this suppor plan or If not covened, under another specific maintenance contract, For example, specialized systems integrifion services or out of warranty network equipment repair thal is not covered under a separate maintenance contrail,. RESA C0NF10EN,r1AI19C'W1J3Q Of 195 SEnsus MINIM Support fo, con fiirmationtworkarourids to resolve rmrnediade Issue, Technical Services will immediately contact the customer to advise D' the escalation, The response and escalation limps are iisted in Section 5, At this tome, screen shots, log files, configuration files, and database backups will be created and attached to the fickel, & tiospcmse and IRiesolntlon Targots, Se!nsus Technical Support will make every reasonable l effort to meet the following response and resolution targets: Severity Standard Target Standard Target Resolution Response Resolution (one or more of the following) immediately assign trained and qualified ' Satisfactory workaround is provided. Services Staff to correct the error on an * Program patch is provided, 1 30 fOinutes expedited basis. Provide ongoing , Fix incorporated Into future release. Communication or) tine status of a . Fix, or workaround incorporated into the Support correction, Knowledge Base. * Satisfactory workaround is provided. Assign trained mid qualified Services 6 Program patch is provided. 2 4 hours, Staff to correct the error. Provide - Fix incorporated into future release, communcatton as updates occur. Fix or workaround incnrpnran4d lindgn the SLippDa Knowledge Base. Answer to question is provided. , Satisfactory workaround is provided, 3 1 Business Day 90 business, days * Fix or workaround incorporated into the Support Knowledge Base, ...... . . . .. ...... m Fix incorporated into future release, * Answer to question is provided, 4 2 Business Days 12 months & Fix or workarOLind incorporated Into the Support Knowledge Base. 6, Protflem Escalation F`iocess 61. It the normal support process does not produce the desired results, or it the severity has changed, the issue may be escalated as follows to a hkjher level of aulhorfty. 6, l'.' Severity 1 issues are escalated, by Sales or Technical Services to a Supervisor it rot resolved within 2 hours; to the Manage,, level if not resolved within 4 hours; to the Director level' If Fiat resolved within the same business day. and to the VP level if not resolved within, 24 hours. 612 A customer may escalate an issue by calling 1-800,-638-3748, Option 2, Please specify the Support ticket number and the reason why the Issue is being escalated, 6,11 In the event that a cuslonner Is not satisfied worth the level of support or continual problern with their p,roducts, they may escalate a given Support ticket to Manager of Technical Services (1 •800-638-3748, Opfion 2), 7 Gerieral Suppml Provisions and Excltrsions: 71 A Dell- provided three-year ProSupport hardware service plan plus a 4 hour "Mission GrIfical" upgrade accornpanies the server/systern hardware that Senses procures on behalf of the customer. Senses does not Warrant third party server hardware, The customer may renew the ProSupfpM se5ire plan directly with Dell The "DO Master Services Agreement" and 'Pro Support for IT Services Description" documents may be found at www,dell,corniservicp contracts 7,2. Sensus pmuLues ue iain third put[y software Iluenses (u g, Red Hat Enlwpflse Linux) required to opemie the FlexNet-based applimlions on the Dell hardware, Senses registers all the applicable Mind party software licenses In the customer's name and ships all dorunientalJon and licensing information to the custonrier with the server, The customer is responsible for maintaining all third party software licenses, 7.3. in the event of a server hardware (ailure at the customer site, Senses will provide replacement Senses proprietary software (e g.„ FlexWafe) either on d Qjtal media or downleadable from an inlernel site, as necessary, The method of software redistributbri is at Senses discrellon, The customer is responsible for re- installing the replacement software. Senses installation support is not covered under this standard Technical Suppoi-1 program but may be provided as a, fee based service. 7A , census provides online documentation for Sensus, products through the Senses User Forum (htip:/Bmyflexnelsys,lern.comiMadollelUserPLoqin), All SensUS cuslorners are provided access to this online database, which includes operation, configuration and technical manuals. Senses also hosts periodic usergroup leleconferences to facilitate the Interchange of product ideas, product enhancements, and overall customer experlenras The customer shall provide names and email accounts to Senses so Senses may provide access to the Portal, 7,5, Specialized support irorn Senses is available oo a fee basis, to address support iSsues, outside the scope of this suppor plan or If not covened, under another specific maintenance contract, For example, specialized systems integrifion services or out of warranty network equipment repair thal is not covered under a separate maintenance contrail,. RESA C0NF10EN,r1AI19C'W1J3Q Of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson ATTACHMENT "D" Project CP1317, Water Meter & Billing System Improvements, Contract No. 15.11 CONTRACT SCHEDULE City of Auburn and Ferguson Waterworks AMI Deployment Project Schedule To Be Provided Within 30 Days of Signed Contract RES.A Page 131 of 195 Task Name Start I Finish AuglSepl Oct No Dec Jan Feb Mar A r Ma Junj Jul 1AuqJSep1OctJNoyJD7eJJanF eb Mar A r Ma Junj Jul lAuqlSepl Oct NovlDecl. Contract Negotiations Complete Mon 8/3/15 Mon 8/3/15 8/3 .Und Contract Signed In 0> 814 8111 Notice to Proceed Tue 8/4/15 Tue 8/4/15 Project Management Kick -Off Tue 8/11/15 Tue 8/11/15 Meeting Order Lead -time for Collectors, Tue 8/11/15 Mon 9121/15 Meters, Radios, and Software j Logic Software Integration & Tue 8/18/15 Mon 9/28/15 Installation IWO- Collectors Site Preparation and Thu 8/27/15 Thu 9/24/15 Installation i Sensus Validation Meeting Thu 9/24/15 Fri 9/25/15 Phase 1 -Large Meters & District 5 Mon 10/5/15 Thu 12/24/15 Installation 1 Prerequisite Software Training Tue 11A0/15 Wed 11/11/15 Software Training Mon 11116/15 Wed 11118115 Radio Installation and Field Thu 11/19/15 Fri 11/20/15 Programming Training 11124 , I _... , .. j I g i Phase II- District 1 & 3 Mon 1/4/16 Thu 9/8/16 Phase III - District 4 & 2 Tue 1/3/17 Fri 9/8/17 Provide Sensus Manuals Tue 11/24/15 Tue 11/24/15 Closeout Project Thu 12/14/17 Fri 12/15117 Task "` "' Inactive Milestone Finish -only Split Inactive Summary External Tasks Milestone Manual Task External Milestone Project: AM]Schedule2.mpp Summary Duration -only Progress ate: Fri 6/26/15 Project Summary Manual Summary Rollup Deadliney External Tasks Manual Summary External Milestone Start-only Page 1 V1 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson ATTACHMENT "E" Project CP1317, Water Meter & Billing System Improvements, Contract No. 15.11 EQUIPMENT WARRANTY RES.A Page 133 of 195 Sensus Limited Warranty I. General Product Coverage Sensus USA Inc. ( "Sensus ") warrants its products and parts to be free from defects in material and workmanship for one (1) year from the date of Sensus shipment and as set forth below. All products are sold to customer ( "Customer ") pursuant to Sensus' Terms of Sale, available at: http: / /sensus.com /TC/ ( "Terms of Sale "), II. SR II® and accuSTREAMTm 5/8 ", 3/4" & 1" Meters... are warranted to perform to AWWA New Meter Accuracy Standards for five (5) years from the date of Sensus shipment or until the registration shown below, whichever occurs first. Sensus further warrants that the SR II meter will perform to at least AWWA Repaired Meter Accuracy Standards for fifteen (15) years from the date of Sensus shipment or until the registration shown below, whichever occurs first: G -500 R18 com /iperl or by request from 1- 800 - METER -IT, for twenty (20) years from the date of Sensus shipment. The iPERL System warranty does not include the external housing. VIII. Maincase... of the SR, SR II and PMM in both standard and low lead alloy meters are warranted to be free from defects In material and workmanship for twenty -five (25) years from the date of Sensus shipment. Composite and E- coated maincases will be free from defects in material and workmanship for fifteen (15) years from the date of Sensus shipment. IX. Sensus "W" Series Turbo Meters, OMNI'' Menters and Propeller Meters... are warranted to perform to AWWA New Meter Accuracy Standards for one (1) year from the date of Sensus shipment, New Meter Accuracy Repair Meter Accuracy X. 5/8" SR II Meter and 500,000 gallons 1,500,000 gallons accuSTREAM Meter 3/4" SR II Meter and 750,000 gallons 2,250,000 gallons XI. accuSTREAM Meter 1" SR II Meter and 1,000,000 gallons 3,000,000 gallons accuSTREAM Meter III. SRO 5/8 ", 3/4" & 1" Meters... are warranted to perform to AWWA New Meter Accuracy Standards for one (1) year from the date of Sensus shipment. Sensus further warrants that the 5/8 ", 3/4" and 1" SR meter will perform to at IeastAWWA Repaired MeterAccuracy Standards for fifteen (15) years from the date of Sensus shipment or until the registration shown below, whichever occurs first: Repair Meter Accuracy 5/8" SR Meter 1,500,000 gallons 3/4" SR Meter 2,250,000 gallons 1" SR Meter 3,000,000 gallons IV. SR 1.1/2" & 2" Meters... are warranted to perform to AWWA New Meter Accuracy Standards for one (1) year from the date of Sensus shipment. Sensus further warrants that the 1 -112" and 2" SR meter will perform to at least AWWA Repaired Meter Accuracy Standards for ten (10) years from the date of Sensus shipment or until the registration shown below, whichever occurs first: Repair Meter Accuracy 1 -1/2" SR Meter 5,000,000 gallons 2" SR Meter 8,000,000 gallons V. PMM® 5/8 ", 3/4 ",1" Meters... are warranted to perform to AWWA New Meter Accuracy Standards for one (1) year from the date of Sensus shipment. Sensus further warrants that the 5/8 ", 3/4 ", and 1" PMM meter will perform to at least AWWA Repaired Meter Accuracy Standards for fifteen (15) years from the date of Sensus shipment or until the registration shown below, whichever occurs first: Repair Meter Accuracy 5/8" PMM 1,500,000 gallons 3/4" PMM 2,000,000 gallons 1" PMM 3,000,000 gallons VI. PMM 1.1/2 ", 2" Meters... are warranted to perform to AWWA New Meter Accuracy Standards for one (1) year from the date of Sensus shipment, Sensus further warrants that the 1 -1/2 ", and 2" PMM meter will perform to at least AWWA Repaired Meter Accuracy Standards for ten (10) years from the date of Sensus shipment or until the registration shown below, whichever occurs first: Repair Meter Accuracy 1 -1/2" PMM 5,000,000 gallons 2" PMM 8,000,000 gallons VII. WERLI Water Management Systems... that register water flow are warranted to perform to the accuracy levels set forth in the iPERL Water Management System Data Sheet (IPL -110), available at www.sensus. RES.A Sensus accuMAGm Meters... are warranted to be free from defects in material and workmanship, under normal use and service, for 18 months from the date of Sensus shipment or 12 months from startup, whichever occurs first. Sensus Registers... are warranted to be free from defects in material and workmanship from the date of Sensus shipment for the perlods stated below or until the applicable registration for AWWA Repaired Meter Accuracy Standards, as set forth above, are surpassed, whichever occurs first: 5/8" thru 2" SR, SR II, PMM, accuSTREAM 25years Standard Registers 5/8" thru 2" SR, SR II, PMM, accuSTREAM Encoder Registers 10 years Electronic Communication Index (ECI) 10 years All HSPU, IMP Contactor, R.E.R. Elec. ROFI 1 year Standard and Encoder Registers for: "W" Turbo 1 year and Propeller Meters OMNI Registerwith Battery 10 years XII. Sensus Electric Meters... are warranted to be free from defects in material and workmanship for one (1) year from the date of Sensus shipment, Spare parts and components are warranted to be free from defects in material and workmanship for one (1) year from the date of Sensus shipment. Repaired or refurbished equipment repaired by Sensus is warranted to be free from defects in material and workmanship for ninety (90) days from the date of Sensus shipment or for the time remaining on the original warranty period, whichever is longer, XIII. Batteries, WERL System Components, AMR and FlexNet` System AMI Interface Devices... are warranted to be free from defects in material and workmanship from the date of Sensus shipment for the period stated below: Electronic TouchPads 10 years RadioRead® MXU (Model 505C, 510R or 520R) 20 years" and Batteries Act -Pak® Instrumentation 1 year Touch Read' Coupler and AMR Equipment 1 year FlexNet Water or Gas SmartPointT"' Modules and Batteries 20 years' Hand Held Device 1 year Vehicle Gateway Base Station 1 year FlexNet Base Station (including the Metro and M400 base stations) 1 year Echo Transceiver 1 year XIII. Batteries, WERL System Components, AMR and FlexNeff System AMI Interface Devices... (continued) Remote Transceiver 1 year iConA and FlexNet Electricity SmartPoint Module 1 year iPERL System Battery and iPERL System Components 20 years" Residential Electronic Register 20 years" (continued) S MrPM LJ4Sf 195 Sensus Limited Warranty "Sensus will repair or replace non - performing: RadioRead® MXU (Model 505C, 51 OR and 520R) and Batteries, FlexNet Water or Gas SmartPoint Modules (configured to the factory setting of six transmissions per day under normal system operation of up to one demand read to each SmartPoint Module per month and up to Iwo firmware downloads during the life of the product) and batteries, Residential Electronic Register with hourly reads iPERL System Batteries, and /or the 1PERL System flowtube, the flow sensing and data processing assemblies, and the register (1PERL System Components ") with hourly reads at no cost for the first ten (10) years from the date of Sensus shipment, and for the remaining ten (10) years, at a prorated percentage, applied towards the published list prices in effect for the year product is accepted by Sensus under warranty conditions according to the following schedule: Years 1 -10 Replacement Price 0% Years 16 Replacement Price 55% 11 30% 17 60% 12 35% 18 65% 13 40% 19 70% 14 45% 20 75% 15 50% >20 100% Note: Software supplied and licensed by Sensus is warranted according to the terms of the applicable software license agreement, Sensus warrants that network and monitoring services shall be performed in a professional and workmanlike manner. XIV. Return... Sensus' obligation, and Customer's exclusive remedy, under this Sensus Limited Warranty Is, at Sensus' option, to either (1) repair or replace the product, provided the Customer (a) returns the product to the location designated by Sensus within the warranty period; and (b) prepays the freight costs both to and from such location; or (it) deliver replacement components to the Customer, provided the Customer installs, at its cost, such components in or on the product (as instructed by Sensus), The return of products for warranty claims must follow Sensus' Returned Materials Authorization (RMA) procedures. Water meter returns must include documentation of the Customer's test results, Test results must be obtained according to AWWA standards and must specify the meter serial number. The test results will not be valid if the meter Is found to contain foreign materials, If Customer chooses not to test a Sensus water meter prior to returning it to Sensus, Sensus will repair or replace the meter, at Sensus' option, after the meter has been tested by Sensus. The Customer will be charged Sensus' then current testing fee. Sensus SmartPoints modules and MXU's returned must be affixed with a completed return evaluation label. For all returns, Sensus reserves the right to request meter reading records by serial number to validate warranty claims. For products that have become discontinued or obsolete ( "Obsolete Product"), Sensus may, at its discretion, replace such Obsolete Product with a different product model ( "New Product "), provided that the New Product has substantially similar features as the Obsolete Product. The New Product shall be warranted as set forth in this Sensus Limited Warranty. THIS SECTION XIV SETS FORTH CUSTOMER'S SOLE REMEDY FOR THE FAILURE OF THE PRODUCTS, SERVICES OR LICENSED SOFTWARE TO CONFORM TO THEIR RESPECTIVE WAR-RANTIES. X11. Warranty Exceptions and No Implied Warranties... This Sensus Limited Warranty does not include costs for removal or installation of products, or costs for replacement labor or materials, which are the responsibility of the Customer. The warranties in this Sensus Limited Warranty do not apply to goods that have been: Installed improperly or in non - recommended installations; installed to 8601 Six Forks Road, Suite 700 1- STJII31374815 _ a socket that is not functional, or is not In safe operating condition, or is damaged, or is in need of repair; tampered with; modified or repaired with parts or assemblies not certified in writing by Sensus, including without limitation, communication parts and assemblies; improperly modified or repaired (including as a result of modifications required by Sensus); converted; altered; damaged; read by equipment not approved by Sensus; for water meters, used with substances other than water, used with non - potable water, or used with waterthat contains dirt, debris, deposits, or other impurities; subjected to misuse, improper storage, improper care, Improper maintenance, or improper periodic testing (collectively, "Exceptions. "). If Sensus identifies any Exceptions during examination, troubleshooting or performing any type of support on behalf of Customer, then Customer shall pay for and /or reimburse Sensus for all expenses incurred by Sensus in examining, troubleshooting, performing support activities, repairing or replacing any Equipment that satisfies any of the Exceptions defined above. The above warranties do not apply in the event of Force Majeure, as defined in the Terms of Sale. THE WARRANTIES SET FORTH IN THIS SENSUS LIMITED WARRANTY ARE THE ONLY WARRANTIES GIVEN WITH RESPECT TO THE GOODS, SOFTWARE LICENSES AND SERVICES SOLD OR OTHERWISE PROVIDED BY SENSUS. SENSUS EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON - INFRINGEMENTAND TITLE. SENSUSASSUMES NO LIABILITY FOR COSTS OR EXPENSESASSOC IATED WITH LOST REVENUE OR WITH THE REMOVAL OR INSTALLATION OF EQUIPMENT. THE FOREGOING REMEDIES ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR THE FAILURE OF EQUIPMENT, LICENSED SOFTWARE OR SERVICES TO CONFORM TO THEIR RESPECTIVE WARRANTIES. XVL Limitation of Liability... SENSUS'AGGREGATE LIABILITY INANY ANDALL CAUSES OFACTIONARISING UNDER, OUT OF OR IN RELATION TO THIS AGREEMENT, ITS NEGOTIATION, PERFORMANCE, BREACH OR TERMINATION (COLLECTIVELY "CAUSES OF ACTION ") SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO SENSUS UNDER THIS AGREEMENT. THIS IS SO WHETHER THE CAUSES OF ACTION ARE IN TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY, IN CONTRACT, UNDER STATUTE OR OTHERWISE. AS A SEPARATE AND INDEPENDENT LIMITATION ON LIABILITY, SENSUS' LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES, SENSUS SHALL NOT BE LIABLE FOR: (1) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; NOR (11) ANY REVENUE OR PROFITS LOST BY CUSTOMER OR ITS AFFILIATES FROM ANY END USER(S), IRRESPECTIVE OF WHETHER SUCH LOST REVENUE OR PROFITS IS CATEGORIZED AS DIRECT DAMAGES OR OTHERWISE; NOR (III) ANY IN /OUT COSTS; NOR (IV) MANUAL METER READ COSTS AND EXPENSES; NOR (V) DAMAGES ARISING FROM MAINCASE OR BOTTOM PLATE BREAKAGE CAUSED BY FREEZING TERMPERATURES, WATER HAMMER CONDITIONS, OR EXCESSIVE WATER PRESSURE. "IN /OUT COSTS" MEANS ANY COSTS AND EXPENSES INCURRED BY CUSTOMER IN TRANSPORTING GOODS BETWEEN ITS WAREHOUSE AND ITS END USER'S PREMISES AND ANY COSTS AND EXPENSES INCURRED BY CUSTOMER IN INSTALLING, UNINSTALLING AND REMOVING GOODS. "END USER" MEANS ANY END USER OF ELECTRICITY/WATER /GAS THAT PAYS CUSTOMER FOR THE CONSUMPTION OF ELECTRICITYM /ATER/GAS, AS APPLICABLE. The limitations on liability set forth in this Agreement are fundamental Inducements to Sensus entering Into this Agreement, They apply unconditionally and in all respects. They are to be interpreted broadly so as to give Sensus the maximum protection permitted under law, To the maximum extent permitted by law, no Cause of Action may be instituted by Customer against Sensus more than TWELVE (12) MONTHS after the Cause of Action first arose. In the calculation of any damages in any Cause of Action, no damages incurred more than TWELVE (12) MONTHS prior to the filing of the Cause of Action shall be recoverable. S E 1- fS 1L]8f 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson ATTACHMENT "F" Project CP1317, Water Meter & Billing System Improvements, Contract No. 15.11 INSURANCE CERTIFICATIONS AND ENDORSEMENTS RES.A Page 136 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson ATTACHMENT "G" Project CP1317, Water Meter & Billing System Improvements, Contract No. 15.11 CONTRACT BOND FORM Bondinq Documents To Be Provided At Time of Contract Acceptance RES.A Page 137 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson CONTRACTBOND CONTRACT NO. 15 -11 BOND NO. BOND TO CITY OF AUBURN, WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, as principal, and , a corporation, organized and existing under the laws of the State of as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety, are jointly and severally held and firmly bound to the City of Auburn, Washington, in the penal sum of dollars, for the payment of which sum we jointly and severally bind ourselves and our successors, heirs, administrators or personal representatives as the case may be. This obligation is entered into in pursuance of the Statutes of the State of Washington and the Ordinances of the City of Auburn, Washington. Dated at Auburn, Washington, this day of 20 Nevertheless, the conditions of the above obligation are such that: WHEREAS, the City of Auburn on the day of , 20 , let to the above bounden principal a certain Contract. The said Contract being numbered 15 -11, and providing for the construction of Project CP1317, Water Meter & Billing System Improvements (which Contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the said principal has accepted, or is about to accept, the said Contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, if the above bounden principal shall faithfully and truly observed and comply with the terms, conditions, and provisions of said Contract in all respects and shall well and truly and (ally do and perform all matters and things by them undertaken to be performed under said Contract, upon the terms proposed therein, and any and all duly authorized modifications of said Contract that may hereafter by made, and within the time prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply principal or subcontractors with provisions and supplies for the carrying on of said work and shall hold said City of Auburn, Washington, harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal or any subcontractor in the perfonnance of said work, and shall in all respects faithfuully perfonn said Contract according to law, and shall indemnify and hold the City of Auburn, Washington, harmless from any damage or expense by reason of failure of performance, as specified in said Contract, and The undersigned principal and the undersigned surety present this contract bond related to the Contract, PROVIDED that this document shall not be enforceable unless and until the City of RES.A Page 138 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between: City of Auburn and Ferguson Auburn awards and executes the Contract to the undersigned principal. No obligations under this bond, for the performance of the above - referenced contract, shall be enforceable until the City of Auburn has executed the contract to the undersigned principal. The Surety, hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Contract Bond in a like amount, such increase; however, not to exceed twenty — five percent (25 %) of the original amount of this bond without the consent of the Surety. PROVIDED, however, that after the acceptance of this Contract and the expiration of the lien period, and if there are no liens pending, then the penal sum of this bond, shall be reduced to either ten percent (10 %) of the value of the improvements to the City or two thousand dollars ($2,000), whichever is greater, to warranty against defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one (1) year after acceptance. Not withstanding the reduction of this bond, the principal and surety shall hold the City of Auburn harmless from all defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one (1) year after acceptance, THEN and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. It is hereby expressly agreed that if any legal action is necessary to be brought under the conditions of this bond, that the decisions of the Courts of the State of Washington shall be binding. IN WITNESS WHEREOF, the above- bounden parties have executed this instrument this day of 520 Principal Surety By Attorney in Fact Resident Agent's Address & Phone Number RES.A Page 139 of 195 Automated Meter Infrastructure System Equipment and Services Contract Between, City of Auburn and Ferguson ATTACHMENT "H" Project C131317, Water Meter & Billing System Improvements, Contract No. 15.11 PREVAILING WAGE RATES All Prevailing Wage Documents To Be Filed and Provided To The City of Auburn with Washington State Labor And Industries Prior to Execution of Services RES.A Page 140 of 195 p., , 01, " . ... . ...... r ,,y AGENDA BILL APPROVAL FORM Administrative Recommendation: City Council adopt Resolution No. 5157. Background Summary: The purpose of this Resolution is for the City Council to set a time and date for a public hearing regarding a proposed modification to the 2016 -2021 Transportation Improvement Program (TIP). The proposed modification is to update a project for which the City was awarded $200,000.00 in design phase funding on June 22, 2015 by the State Pedestrian and Bicycle Safety Grant Program. The project is required to be in the City's TIP consistent with the award in order to obligate the grant funds and proceed with the project. TIP #69, 22nd & I Street NE Intersection, was originally programmed in the 2015 -2020 TIP, updated with the 2016 -2021 TIP adoption on June 15th, and is being modified now to reflect the secured grant award. Both project name and description were revised to be consistent with the grant agency requirements. Reviewed by Council Committees: Councilmember: Staff: Snyder Meeting Date: July 20, 2015 Item Number: RES.B RES.B AUBURN * MORE THAN YOU IMAGINED Page 141 of 195 RES.B AUBURN * MORE THAN YOU IMAGINED Page 142 of 195 RESOLUTION NO. 5 1 5 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SETTING A HEARING DATE IN RELATION TO AMENDING THE 2016 -2021 TRANSPORTATION IMPROVEMENT PROGRAM OF THE CITY OF AUBURN PURSUANT TO R.C.W. CHAPTER 35.77 WHEREAS, the City is required to include projects in the Transportation Improvement Program (TIP) in order to be eligible to accept grant funds; and WHEREAS, RCW 35.77.010 requires that the legislative body of each City is required to prepare and adopt a Comprehensive Transportation Improvement Program (TIP) for the ensuing six years. The program may at any time be revised by a majority of the legislative body of a City, but only after conducting a public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. PURPOSE. The purpose of this Resolution is for the City Council to set a time and date for a public hearing to amend the 2016 -2021 Transportation Improvement Program, to modify one existing project for which the City has been awarded grant funding. Section 2. NOTICE OF HEARING. The Council hereby directs that a notice specifying the time and place of the public hearing shall be published one time in a newspaper of general circulation and the notice shall also be posted in Resolution No, 5157 July 6, 2015 Page 1 RES.B Page 143 of 195 three public places. Such public notice shall precede the public hearing by at least 10 days. Section 3. DATE OF HEARING. Pursuant to the requirements of State law, a public hearing on said 2016 -2021 Transportation Improvement Program will be held on the 3rd of August, 2015, at 7:00 p.m., or as soon thereafter as reasonably possible, in the Council Chambers of the Auburn City Hall at 25 West Main Street in Auburn, Washington, before the City Council.. All persons interested in said 2016 -2021 Transportation Improvement Program may attend and testify at said hearing. Section.4. AUTHORITY. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. EFFECTIVE DATE. This resolution shall be in full force and effect upon passage and signatures hereon. DATED and SIGNED this day of July, 2015. CITY OF AUBURN NANCY BACKUS MAYOR Resolution No. 5157 July 6, 2015 Page 2 RES.B Page 144 of 195 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: City Attorney Resolution No, 5157 July $, 2015 Page 3 RES.B Page 145 of 195 Existing TIP #69 City of Auburn Transportation Improvement Program Six Year Transportation Improvement Plan TIP# 69 ARTERIAL STREET FUND (102) Project Title: I Street NE & 22nd Street NE Roundabout Safety Improvement STIP# AUB -N /A Project No: cpxxxx Project Type: Capacity (Safety) Project Manager: TBD LOS Corridor ID# 21 Description: This project includes the design and construction of a roundabout at the 22nd Street NE intersection with I Street NE. This is currently a all -way stop controlled intersection. Progress Summary: Preliminary Design was initiated in 2015. Final design and construction are dependant on securing full funding. Future Impact on Operating Budget: There is no impact to the street maintenance budget. Activity: 2015 YE Budget Forecast Project Cost 2016 2017 2018 2019 2020 2021 Beyond 2021 Funding Sources: Prior to 2015 Estimate Total Project Cost - - - - - - - - Unrestricted Street Revenue - Unsecured Grant - - 100,000 940,000 1,040,000 Traffic Impact Fees 50,000 50,000 50,000 235,000 385,000 Other - - - - - Total Funding Sources: 50,000 50,000 150,000 1,175,000 1,425,000 Capital Expenditures: Design 50,000 50,000 150,000 - 250,000 Right of Way - - - - - Construction - - - 1,175,000 1,175,000 Total Expenditures: 50,000 50,000 150,000 1,175,000 1,425,000 RES. B Intersection, Traffic Signal, & Intelligent Transportation Systems P�e 146 nt P9�ects 65 Proposed Modified TIP #69 City of Auburn Transportation Improvement Program Six Year Transportation Improvement Plan TIP# 69 ARTERIAL STREET FUND (102) Project Title: 22nd Street NE & I Street NE intersection STIP# AUB -xx Project No: CP1513 Project Type: Capacity (Safety) Project Manager: TBD LOS Corridor ID# 21 Description: This project will design a modern roundabout at the 22nd Street NE and I Street NE intersection in place of the existing all -way stop - control. The proposed design will improve bicycle and pedestrian safety and ADA accessibility. Progress Summary: State grant was awarded for design in 2015. Construction phase is dependant on securing future grants or other local funding. Future Impact on Operating Budget: There is no impact to the street maintenance budget. Activity: 2015 YE Budget Forecast Project Cost 2016 2017 2018 2019 2020 2021 Beyond 2021 Funding Sources: Prior to 2015 Estimate Total Project Cost - - - - - - - - Unrestricted Street Revenue - - Secured State Grant 160,000 40,000 - 200,000 Unsecured Grant - - 940,000 940,000 Traffic Impact Fees 40,000 15,000 235,000 290,000 Other - - - - Total Funding Sources: 200,000 55,000 1,175,000 1,430,000 Capital Expenditures: Pre - Design 5,000 - - 5,000 Design 195,000 55,000 250,000 Right of Way - - - - Construction - - 1,175,000 1,175,000 55,000 1,175,000 1,430,000 Total Expenditures: 200,000 RES. B Intersection, Traffic Signal, & Intelligent Transportation Systems P�e 147 nt P9�ects 65 p., , 01, " . ... . ...... r ,,y AGENDA BILL APPROVAL FORM Administrative Recommendation: City Council approve Resolution No. 5160 authorizing the purchase of approximately 41.5 acres of vacant land from Puget Sound Energy for a purchase of price of $75,000.00, plus closing costs of approximately $850.00. Background Summary: Puget Sound Energy is the owner of certain real property, identified as King County Assessor's Tax Parcel No. 6655000025 comprised of 29.21 acres [located northerly and northwesterly of Roegner Park, within the City of Auburn, Washington], King County Assessor's Tax Parcel No. 3021059020 comprised of 4.69 acres [east of and adjacent to the corner of 42nd Street Southeast and 41 st Street Southeast, within the City of Auburn, Washington] and a portion of King County Assessor's Tax Parcel No. 302105HYDR [located northerly and northeasterly of Roegner Park, within the City of Auburn, Washington] comprised of approximately 7.60 acres, totaling approximately 41.5 acres of land. On February 2, 2015, staff briefed the City Council regarding the potential for City acquisition of the property, and ongoing City staff discussions with Puget Sound Energy representatives regarding the potential purchase of the land. On March 3, 2015, Mayor Backus upon advice and direction of the City Attorney executed a conditional purchase and sale agreement and Tax Pro - ration Agreement with Puget Sound Energy for the purchase of the property. The negotiated purchase price is $75,000.00. The purchase of the property is subject to the following Buyer's Conditions for Closing (Section 7.6 of the Conditional Purchase and Sale Agreement). RES.0 AUBURN * MORE THAN YOU IMAGINED Page 148 of 195 1. Receipt of written approval by the City from the King County Flood Control District (KCFD) for the City to use a portion of the City of Auburn's allocation of KCFCD Sub - Regional Opportunity Fund to pay the purchase price for the Property as established in Section 3 of the Agreement. 2. Adoption of a Resolution of the Auburn City Council approving the purchase and ratifying and confirming the Mayor's actions in connection with the Agreement. The public benefits for the acquisition of these properties include future flood control capital project capacity and assistance in helping the City maintain its Community Rating System (CRS) rating — acquisition of flood prone properties is eligible for positive scoring for the City's CRS rating. In addition, portions of the area of acquisition could be used for future salmon recovery/aquatic restoration projects, passive open space recreation, and /or public education opportunities. City staff due diligence activities for this property include, but are not limited to, the procurement and review of a title report, a Phase I Environmental Site Assessment, and a real estate valuation appraisal. The costs for these services were accommodated within the Department's existing 2015 -2016 budget. On -going operational expenses are anticipated to include routine monitoring and seasonal vegetation maintenance that can be accomplished with existing budget and staff resources. The funding source for this proposed property acquisition is the Subregional Opportunity Fund (SROF) Allocation from the King County Flood Control District. On July 13, 2015, the Board of the King County Flood Control District approved Flood Control District Resolution No. FCD2015 -07, which revised the Flood Control District's 2015 budget and included an allocation of $92,995 to the City of Auburn for the purchase of the PSE property. This allocation will fully cover the negotiated purchase price of $75,000, the City's portion of required closing costs and will reimburse the City for previous expenditures associated with pre - purchase due diligence (i.e. title report review, Phase I Environmental Site Assessment and a real estate appraisal). The City's match for the SROF funds is $1,000.00 of in -kind services related to the installation of sensitive area and SROF funding acknowledgement signs on the property. This match can be accommodated within existing budget and staff resources. Reviewed by Council Committees: Councilmember: Staff: Synder Meeting Date: July 20, 2015 Item Number: RES.0 RES.0 AUBURN * MORE THAN YOU IMAGINED Page 149 of 195 RES.0 AUBURN * MORE THAN YOU IMAGINED Page 150 of 195 RESOLUTION NO. 5 16 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE THE PURCHASE OF REAL PROPERTY FROM PUGET SOUND ENERGY WHEREAS, Puget Sound Energy has offered to the City of Auburn for purchase and sale certain real property, identified as King County Assessor's Tax Parcel No. 6655000025 comprised of 29.21 acres [located northerly and northwesterly of Roegner Park, within the City of Auburn, Washington], King County Assessor's Tax Parcel No. 3021059020 comprised of 4.69 acres [east of and adjacent to the corner of 42nd Street Southeast and 415t Street Southeast, within the City of Auburn, Washington] and a portion of King County Assessor's Tax Parcel No. 302105HYDR [located northerly and northeasterly of Roegner Park, within the City of Auburn, Washington] comprised of approximately 7.60 acres, totaling approximately 41.5 acres of land; and WHEREAS, following substantive analysis including but not limited to a title report review, a Phase I Environmental Site Assessment and a real estate valuation appraisal, City staff has identified that there is public benefit in the acquisition of this property and therefore recommends to the City Council that that the City acquire the subject property for municipal use. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to execute the purchase of approximately 41.5 acres of land from Puget Sound Energy, which agreement shall be in' substantial conformity with the agreement attached hereto as Exhibit A and incorporated herein by this reference. Resolution No. 5160 July 14, 2015 R?M 1 of 2 Page 151 of 195 Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 2015. CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Da. iel.le E. Daskam, City Clerk APPReVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 5160 July 14, 2015 R &� 2of2 Page 152 of 195 i Exhibit A �I PURCHASE AND SALE AGREEMENT This P,URCHA.SE AND SALE AGREEMENT ( "Agreement) is entered into as of the day of March, 201-5, by and between the CITY OF AUBURN,. a. Washington zritini6pal corporation ( "City" or `Buyer'), and Puget Sound Energy, a Washington corporation (hereinafter the "Seller "). RECITALS A. The Seller is the owner of certain real property and all improvements thereon ( "Property ") located in the City of Auburn, County of King, Washington, commonly known as the White River 01404 -103 property, which is legally described as follows: Parcel A; That portion of Lots 1, 3, 4, 5, 6, 11, 12, 13, 14 and 15, The Parker Homestead, according to the plat thereof, recorded in Volume 8 of Plats, Page 51, records of King County, Washington, described as follows; Beginning at the north 1/4 comer of Section .31, Township 21 North, Range 5 East, W.M., thence south 89 °49'20" west along the north line of said section 127.71 feet; thence south.4.1°20'1.6" west 615 feet more or less to a point on the east boundary of said Lot 6 and the true point of beginning; thence continuing south 4112016" west to a point 1436.51 feet from said north line of said section as measured along said line; thence south 44 °01'28" west 215.03 feet; thence south 16 °10'48" west 151.59 feet; thence south 46°2$'52" west 115.24 feet; thence south 26°27'43" west 246.55 feet; thence south 63°21'45" west 695 feet, more or less, to the east boundary of the west 500 feet of said Lot 14; thence southwesterly along the south bank of Stuck River to a point on the west line of said section 31 a distance of 359 feet Borth of the west N. corner thereof; thence north 00'45'10" east along said. west line 960 feet, more or less, to a point south 00'45110" west 54.22 feet from the intersection of the east margin of PSH ##5 with the west line of said section 31; thence south '89 °14'50" east 50 feet; thence south 00 °45'10 west 471.82 feet; thence north 50 050'01" east 1018.81 feet; thence north 42°30'49" east 376.31 feet; thence north 33 °31'10" east 581.74 feet; tl}en.ce north 32 °29'39" east 1,73.71 feet; thence north 36 °51'24' -' east 242.90' feet to a point which is 30 feet south of the north line of said section, as measured at right angles to said north line and being the south margin of 41 st Street S.E.; thence north 89 054'03" east along, said margin 380 feet, more or less, to the northeast. corner of said Lot 6; thence South along the east boundary thereof 435 feet, more or less, to the:true point of beginning. Puget Sound Energy /City of Auburn_ .Purchase and Sale Agreement March 2, 2015 Page 1of18 RES.0 i i Page 153 of 19 Except that portion described. as follows; Beginning at the northwest comer of said :section. 3 1; thence south 00 °45'10" west along the west line of said section. 31 a distance of 30 feet; thence south 89 °54'03" east parallel to the north line of said section 31 a distance of 240.15 feet; thence south 00 °28'27" west. parallel to the, east margin of "A" Street S.E. right of way (Old PSH 95) 200 feet; thence north 89 °54'03" west 200 feet to the east margin of said Street; thence south 00 °2827" west along said margin 725.43 feet to a point of a curvature to the right with a radius of 985 feet of which the radial center which bears north 89 °31'33" west; thence southwesterly along. said curvature 302.53 feet; thence south 00 °45'10" west 54.22 feet to the true point of beginning; thence south 89 °14'50" east 50 feet; thence south 00'45'10" west 471.82 feet; thence south 39 °09'59" east.70 feet; thence south 50 °50'01" west 123.76 feet to the west line of said section 31; thence northerly along said west line to the true point of beginning. Except that portion, if any, Iying within N.E. 41 st Street_ Parcel B; That portion of Lot l City of Auburn Short Plat Number SP 1 -83 as recorded under recording number 83 05 1203 01 lying southerly of Lot 2 of said Short-Plat and said Short Plat is described as follows; The south 112 of the southeast quarter of the southwest quarter of Section. 30, Township 21 Noith, Range 5. East, W.M. in King County, Washington; except that portion thereoflying southeasterly of a line described as follows; beginning at a point on the south line of said southwest quarter 127.71 feet west of the southeast corner of said southwest 114; thence north 41 °20'15" east 100.75 feet; thence north 44 °31'40" east 87.09 feet to a point on the east line of said southwest 114 and the terminus of said line. Except that portion, if any, lying within N.E. 41 st Street. Also known as a portion of City of Auburn Lot Line Adjustment number LLA- 0011 -92 as recorded under recording number 9209281726. Parcel C; That portion of King County Assessor-Pareet Number 302105HYDR that is bopnded on the East by the East sectional line of the SW 'l of SE '/ of 30- 21 -05. B, Seller desires to sell' the Property to City, on the terms and conditions set forth herein. AGREEMENT Puget Sound Energy /City of Auburn Purchase and Sale Agreement March 21) 2015 Page 2 of 18 RES.0 Page 154 of 195 NOW, THEREFORE, for good, and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, Buyer and Seller hereby agree as follows: 1. Certain Defined Terms. For purposes of this Agreement, the terms . set forth. below shall have the meaning assigned to them: 1.1 "Closing" or, "Close of Escrow" means the recordation of the Deed in the Official Records and Seller's receipt of the Purchase, Price. 1.2 "Closing Date" means any mutually agreeable date on or before July 3, 2015. 1.3 "Escrow" means the escrow opened with Escrow Agent for the consummation. of the transaction described in this Agreement. l..4 `-`Escrow Agent" means. C.K. Dotson, LPO, of First American Title. Insurance Company (425- 732 - 4807); e-mail: ekdotson firstam.com; whose address is 11400 SE 8`h Street, Suite 250, Bellevue, Washington 98004. 1.5 "Official Records" means the- official real property records of King County, Washington. 1.6 "Opening of Escrow" means the date a frilly executed. copy of this Agreement is deposited with Escrow Agent. 1.7 "Mutual Acceptance" shall mead the date when the last counteroffer is signed by the offeree, and the fully- signed counteroffer has been received by the offeror, his or her broker; or the licensed office of the broker. No acceptance, offer or counteroffer from the Buyer is effective-until a signed copy is received by the Seller. No acceptance, offer or counteroffer from the Seller is effective until a signed copy is received by the Buyer. Either party may withdraw its offer/counteroffer upon written notice delivered to the other party at any tine prior to Mutual Acceptance 1.8 "Permitted Exceptions" has the meaning as set forth in Section 5.3 below. 1.9 "Purchase Price" has the meaning as set forth in Section 3. 1.10 "Title Company" means First American Title Insurance Company. 1.11 "Title Policy" means a standard coverage owner's policy of title insurance issued by the Title Company to Buyer with coverage in the aanount of purchase price, showing title to the Property vested in Buyer subject only to the Permitted Exceptions. Puget Sound Energy /City of Auburn Purchase and Sale Agreement March 2, 2015 Page 3 of 18 RES.0 Page 155 of 195 2. Purchase and Sale. The Seller agrees to sell to City; and City agrees to purchase from Seller, the Property upon the terms and c6riditions set forth. in.this Agreement. Title to the Property shall be conveyed by a Quit Claire Deed in the form attached hereto as Exhibit A (the `-`Deed'-'), subject only to the permitted exceptions set forth in Section 5.3, and other exceptions approved by Buyer as provided for in Section 5.2. 3. Purchase Price, Cash Payment, The total purchase price for the Property (the "Purchase .Price ") shall be Seventy -five Thousand Dollars and no cents ($75,000.00).. Payment shall be made via a wire transferor check. 4. Earnest Money Deposit. On execution of this Agreeme1t, Buyer shall deposit with Escrow Agent :Five Thousand Dollars and no cents ($5,000.00) in cash (the "Deposit"); which shall be held by Escrow Agent as an earnest money deposit hereunder. The Deposit shall be held in Escrow and applied or disposed of by Escrow Agent as provided herein. Escrow Agent shall place the Deposit in an interest - bearing account approved by City and Buyer and all interest earned. thereon shall be added to and become a part of the Deposit. 5. Due Diligence. 5.1 Due Diligence Contingency. Buyer shall have the right for a period of thirty (30) days cor nftencing on the date of Mutual Acceptance of the Agreement (the "Due Diligence Period ") to conduct Buyer's doe diligence review, examination and inspection of all matters peitaining to its acquisition of the Property, including such inspections, tests, and surveys as Buyer deems appropriate to determine the suitability of the Property for Buyer's intended use;, and including such appraisals, comparisons, and valuations as Buyer deems appropriate to determine the suitability of the Purchase Price. Buyer's obligation to purchase the Property shall be contingent upon its approval of such Property after conducting its due diligence review (the "Due Diligence Contingency"). (a) Approval & Waiver of Due Diligence. If, based upon Buyer's review, examination and inspection, Buyer shall determine in its sole discretion that it intcads to acquire the Property, then Buyer shall promptly notify Seller of such determination in writing prior to the expiration of the thirty (30) day Due Diligence Peri od, whereupon Buyer's. Due Diligence Contingency shall be deemed satisfied and waived, the Earnest Money shall become nonrefundable (except as otherwise expressly provided in this Agreement), and Buyer shall proceed to Closing. (b) Disapproval & Exercise of Due Diligence Contingency. If Buyer deenns the Property to be unsatisfactory as a result of any of the above inspections in Buyer's sole and absolute discretion, or if Seller fails to- provide Buyer with any of the items required to be provided by Seller to Buyer under this Section, on. condition that Buyer turns over to Seller a full and complete copy of all studies, i.nvcstigations, surveys, Puget Sound EnergylCity of Auburn Purchase and Sale Agreement .117arch 2, 2015 Page 4 of 18 RES.0 Page 156 of 195 tests, and other written reports performed by Buyer and /or its agents during the Due Diligence Period in Buyer's possession, then Buyer may terminate this Agreement in writing at any time during the: thirty (30) day Due Diligence Period, in which event the Earnest Motley shall be returned to Buyer as Buyer's sole and exclusive remedy, I£ Buyer fails to timely provide Seller such written notice of Buyer termination under the Due Diligence Contingency; then Buy& shall (i) be deemed to. have approved its Due Diligence, (ii) proceed to CIosing, and (iii) the Earnest Money shall be nonrefundable (except as otherwise expressly provided under this Agreement). 5.2 Title. 5.2.1 Condition of Title. As to Parcels A & B: Unless otherwise specified in this Agreeineht, title to the Property shall be marketable at Closing. The, following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, presently of record and general to the area; easements and encroachments, not materially affecting the value of or unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Monetary encumbrances or liens not assumed by Buyer, shall be paid or discharged. by Seller on or before Closing; provided that, Seller shall riot be required to incur any out -of- pocket expenses or liability other than payment of monetary encumbrances or liens not assumed by Buyer, and proration of real property taxes, 5.2.2 Title Commitment. Promptly after mutual execution of this Agreetiient, at Seiler's sole cost and expense, Seller shall provide Buyer a standard coverage owner's policy of preliminary title insurance comriitment covering the Property from the Title Company (the "Commitment ") together with copies of all recorded documents listed as special exceptions therein. Approval by Buy& of the exceptions to title set forth in the Commitment (other than as hereinafter set forth) shall be a condition precedent to Buyer's obligation to purchase the .Property; PROVIDED THAT, unless Buyer gives written notice that it disapproves the exceptions to title shown on the Commitment (other than the exceptions to title approved by Buyer and described in Section 5.3 below), stating the exceptiors so- disapproved, not later than March_ 20, .2015; Buyer shall be deemed to have approved such exceptions. If any new title matters are disclosed in a supplemental title report, then the preceding termination, objection and waiver provisions shall apply to the new title matters except that Buyer's notice of objections must be delivered within_ five (5) days of delivery of the supplemental report and Seiler's response or Buyer's waiver must be delivered within three (3) days of Buyer's notice of objections. The Closing Date shall be extended to the extent necessary to permit time for these notices. Puget Sound Energy /City of Auburn Purchase and Sale Agreement March 2, 2415 Page 5of18 RES.0 i I' Page 157 of 19� If Buyer disapproves any title exception_ s, Seller shall have a seven (7) day period after its receipt of Buyer's written notice of disapproval of the same within which to provide written notice to Buyer as to which of such disapproved title eiceptions the Seller agrees to remove (or cause to be removed) from title; provided that, to the extent - Seller agrees to remove such exception(s), Seller shall not be required to actually remove such exception(s) until Closing. If, for any reason, Seller's notice given pursuant to the irntrrediately preceding, sentence does not covenant to remove all of Buyer's disapproved title exceptions at or prior to Closing, Buyer shall have. the right to terminate this Agreement by written notice to Seller and Escrow Agent given within two (2) days after the earlier of the expiration of such two (2) day period or the date Seller informs Buyer that it does not intend to remove the disapproved items (the "Termination Notice "). Buyer's failure to deliver the Termination Notice within such two (2) day period shall be deemed Buyer's approval of any such previously disapproved title exception. If Buyer delivers the Termination Notice within such two (2) day period, the obligation of Seller to sell, and Buyer to buy, the Property as herein provided shall terminate and the Earnest Money shall be returned to . BuYer.. Buyer shall have the option to waive. the condition precedent set forth in this Section by'wiitteri notice to Seller: In the event of such waiver, such condition precedent shall be deemed satisfied. 5.3 Permitted Exceptions. In addition to such other exceptions to title as may be approved by Buyer pursuant to the provisions of Section 5.2 above, Buyer ,shall accept . title to the Property subject to die following (collectively, the "Permitted Exceptions "): 5.3.1. The printed general exceptions which appear in the standard coverage Owner's policy of title insurance issued by Title Company ui the State of Washington; and items created by, or on behalf of, Buyer. Any special exceptions which appear in the standard coverage owner's policy of title insurance shall be approved or waived by the Buyer or shall be removed by the Seller in accordance with Section 5.2.2 hereof. As to Parcel C: Seller makes no representation of title, and is selling this property to Buyer as -is. 5.4 No New Leases or Contracts. Prior to Closing, Seller shall not enter into any new leases, contracts or agreements affecting, the Property without the prior written consent of Buyer, except the Seller may enter into iiiterim contracts or agreemen't's in comrcetion with the management, rilainteriance, repair or preservation of the Property in the norfnal. course of business if each such contract or agreeincht expires or is terminated at or prior to CIosing. 6. - Buyer's Right of Entry. Buyer, and its agents and consultants, at Buyer's sole expense and risk, may enter the Property during the tenn of this Agreement at reasonable times scheduled iu advance with Seller for the purpose of Buyer's due diligence-study of the Property. Buyer shall (a) exercise care at all times on or about the Property, and (b) take precautions for the prevention of injury to persons or damage to property on or about Puget Sound Energy /City of Auburn Purchase and Sale Agreement March 2, 2015 Page 6 of 18 RES.0 Page 158 of 195 the Property. Buyer shall keep the Property free from all mechanics', materialmen's and other liens, and all claims thereof, arising from any work or labor done, services performed, or materials and supplies furnished iu with Buyer's actions in the exercise of its right of entry on the Property, and Buyer shall indemnify and defend Seller against and hold Seller harmless from all such liens and claims. 7. CIosing. 7.1 Time for Closing. This purchase and sale shall be closed in the office of Escrow Agent on the Closing Date. Buyer and Seller shall deposit in Escrow with Escrow Agent by 12:00 p.m. all instnunents, documents and monies necessary to complete the sale .in accordance with this Agreement. Funds held in reserve accounts pursuant to escrow instructions shall be deemed, for purposes of this definition, as available for disbursement to Seller. 7.2 Closing Costs. 72.1 Seller's Costs. Seller. shall pay (a) any commissions due to its brokers or agents, (b) one half of 'all escrow fees and closing costs (prorated to the date of closing), (c) as to Parcel A & B, all premiums charged for coverage for the Title, (d) all applicable sales and/or excise taxes (prorated to the date of closing), and (e) any-other costs ,as specified herein. 7.2.2 Buyer's Costs. Buyer shall pay (a) one half of all escrow fees and closing costs (prorated from the date of closing) and (b) the recording fees for the Deed, and (c) any additional endorsements or coverage desired above and beyond the standard Policy of Title Insurance, and as to Parcel C. all premiums charged for coverage for the Title. 7.2.3 Other Costs_. Buyer- and Seller shall each pay its 'own legal fees and fees of its own consultants. 7.3 Real Property Taxation. Seller shall be responsible for all real property taxes, including any back taxes owed or associated with the Property's current ' tax exempt status, due and owing prior to the Closing (prorated'to the date of closing). 7.4 Closing Documents. 7.4.1 Seller's Documents. At Closing, Seller shall deliver to Escrow Agent- the following instruments and documents: 7.4.1.1 The executed and acknowledged. Deed in the form attached hereto as Exhibit "A," conveying the Property to Buyer; 7.4.1.2 The executed real estate excise tax affidavit to accompany the Deed; and Puget Sound Energy /City of Aubum Purchase and Sale Agreement March 2, 2415 € Page 7 of 18 i RES.0 Page 159 of 19� 7.4.1.3 An executed nonforeign person affidavit in the form required under Section 1445 of the Internal Revenue Code. 7.4.2 Buyer's Documents. At Closing, Buyer shall deliver to Escrow Agent the following funds,.instruments and docurn6its: 7.4.2.1 The balance of the Cash Purchase Price in accordance with Section 3; 7.4.2.2 The executed real estate excise tax affidavit referenced in Section 8.4.1.2 above. 7.5. Possession. Buyer shall be entitled to possession of the Propertyupon Closiug. 7:6 Buyer's Conditions for Closing. NotvAthstatiding any other provision of this Agreement, Buyer shall have one hundred twenty (120) days .commencing on Mutual Acceptance of the Agreement to either satisfy all of the following conditions,: 7.6.1 Receipt of written approval by the City from the King County Flood. Control District (KCFCD) for the City to use a portion of the City of Auburn 's allocation of KCFCD Sub. - regional Opportunity Funds to pay- the purchase price for the Property as established iii Section 3 of this Agreement_ 7.6:2. Adoption of a Resolution of the Auburn City Council approving the purchase acid ratifying and confirming the Mayor's actions in connection with this Agreement. or the Agreement shall expire. 8. Reserved. 9. Title Insurance. As soon as available after Closing, Seller shall provide the Buyer a Title Policy, dated as of the Closing Date, subject only to the Permitted Exceptions. 10. Representations and Warranties. 10.1 Seller's Representations and Warranties. In. addition to any other representations or warranties of City elsewhere in thus Agreement, Seller represents and warrants to Buyer now-, and as of the Date of CIosing, that: 10.1.1 Authority. That fhe Seller has full power and autfid ity to execute this Agreement and perfornii Seller's obligations hereunder, and all necessary action to authorize this transaction has been taken, except as specifically provided hereiri. Puget Sound Energy/City of Auburn Purchase and Sale Agreement March 2, 2015 Page 8 of 18 RES.0 Page 160 of 195 10.1.2 Hazardous Substances. Seller has not received notification of any kind from any governmental agency suggesting that the Property is or may be targeted for a Hazardous Substances cleanup; to the best of Seller's knowledge the Property has not been used (a) for the storage, disposal or discharge of oil, solvents, fuel, chemicals or ariy type of toxic, dangerous, hazardous or biological waste or substance (collectively, "Hazardous Substances "), or (b) as a landfill or waste disposal site; to- the best of Seller's knowledge the Property has-not been contaminated with any Hazardous Substances; and to the best of Seller's knowledge, there are no undergrouhd storage, tanks on the Property. 10.2 Buyer's Representations and Warranties. In addition to any other representations and warranties of Buyer elsewhere in this Agreement, Buyer represents and warrants to Seller now, and as of the Date of Closing that, subject to Section 7.6.2 of this Agreement (a) Buyer has full power to execute, deliver and carry out the terms and provisions of this Agreement, and has taken all necessary action to authorize the execution, delivery and performance of this Agreement; and (b) the individual executing this Agreement on behalf of Buyer has the authority to bind Buyer to the terms and conditions of this Agreement. It. Maintenance of Property; Risk of Loss, Condemnation. 11.1 Maintenance of Property. From the date of this Agreement until the Closing Date (or any earlier termination of this Agreement), Seller agrees to maintain the Property in substantially the same condition existing as of the date hereof, ordinary wear and tear, darnage by casualty excepted. 12. Default. 12.1 Time of Essence. Time is of the essence of f11i's Agreement. 12.2 Seller's Remedies for Buyer's Default or Failure to Close. If Buyer fails to complete the purchase of the Property in accordance with this Agreement, Seller shall have and may enforce the following exclusive remedies: (a) seek specific performance; (b) retain the Deposit as liquidated damages; or (c) seek rescission of this Agreement and retain the Deposit. . Buyer hereby waives- the rights and benefits of any lave, rule, regulation or order now or hereafter existing that would allow Buyer to claim a refund of the Deposit .as unearned earnest money, a penalty or for any other reason except default by Seller. 12.3 Buyer's Remedies for Seller's Default. if Seller fails to complete the sale of the Property in accordance with this Agreement, Buyer shall ]cave and. may enforce the following exclusive remedies: (a) seek specific performance;. (b) terminate this Agreement, .receive a refund of the Deposit; or (c) seek rescission of this Agreement and receive a refund of the Deposit. Puget Sound Energy /City of Auburn Purchase and Sale Agreement March 2, 2015 j Page 9 of 18 l f RES.0 Page 161 of 19$ 13. Notices. All notices, demands and other communications required or permitted to be given hereunder shall be in writing, and shad be sent by personal delivery (including by means of professional messenger or courier service) or registered or certified mail, postage - prepaid, return- receipt _requested, or by email at the addresses provided herein. Notice shall be deemed to have been given'if personally delivered or sent by email, upon receipt, if sent by mail, two (2) days after duly deposited in the U.S. Mail to all. of the addresses designated for such party. Puget Sound Energy /City of Auburn Purchase and Sale Agreement March 2, 2415 Page 10 of 18 RES.0 Page 162 of 195 The parties' respective addresses for notices are as follows: If to City: City of Auburn Coinmunity'Development and Public Works Department 25 West Maio, Street Auburn, WA 98001 -4998 Attn: Chris Andersen, Environmental Services Manager Email: cndersen@auburnwa.gov With copies to: City Attorney's Office City of Aiubiim 25 West Main Street Auburn, WA 98001 -4998 Attn: City Attorney Email: dheid auburnwa ov If to Seller: With copies to: Tim Reinertsen Realty Marketing/Nortbwest 522 SW Fifth Avenue Portland, OR 97204 tim(@nnnw- auctions.coi_n Puget Sound Energy 10885 N.E. 4`h Street Attn: P SE- 10S / N. Floros Bellevue, Washington 9.8004 -5591 nick.fl.o.ros@pse.com pse.com Notice of change of address shall be given by written notice in the manner detailed.in this Section 13. 14. General. 14.1. Entire Agreement. This is the entire agreement of Buyer and Seller with respect to the matters covered hereby and supersedes all prior agreements between them, written or oral. This Agreement may be modified only in writing, signed by Buyer and Seller. Any waivers hereunder must be. in writing. No waiver of any right or remedy in the event of default hereunder shall constitute a waiver of such right or remedy in the event of any subsequent default. This Agreement shall be governed by the laws of the State of Puget Sound Energy /City of Auburn Purchase and' Sale Agreement March 2, 2015 Page I 1 of 18 RES.0 Page 163 of 1 Washington. Venue for disputes under this agreement shall lie with the Superior Court of King County, Washington. 14.2 No Third Party Beneficiaries /Severability. This Agreement. is for the benefit only of the parties hereto and shall inure to the benefit of and bind the heirs, person_ al representatives, successors and.permitted assigns of the parties hereto. The invalidity or unenforceabi]ity of any provision. of this Agreement shall not affect the validity or enforceability of any other provision hereof. This Agreement may be executed in counterparts, each of which shall. be deemed an original, but all of which together shall constitute one and the same instrument. 15. Attorneys' Fees. In the event suit or action is instituted to interpret or enforce. the terms of this Agreement, the prevailing party therein shall be entitled to recover from the other party:such sum as the Court may adjudge reasonable as attorneys' fees, including fees incurred at trial, on any appeal and in any petition for review. 16. Reservation of Police Power. Notwithstanding anything to the contrary set forth herein, Seller understands and acknowledges that the City's authority to exercise its police (regulatory) powers in accordance with applicable law shall not be deemed limited by the provisions of this Agreement. 17. Exhibits, Exhibit A attached hereto is incorporated herein as if fully set forth. SIGNED in.duplicate original. as of the date first above written. CITY OF AUBURN agcy Ba s Mayor, Cr f Auburn Attest: Danielle Daskarn, City Clerk PUGET SOUND ENERGY A00-Ime,15�_ Brett Bolton Manager Real Estate Puget Sound Energy, Inc. Puget Sound Energy /City of Auburn Purchase and Sale Agreement March 2, 2015 Page 12 of 13 RES.0 Page 164 of 195 EX1F[IBrFS Exhibit A, Quit Claim Deed Puget Sound Energy /City of Auburn Purchase and Sale Agreement March 2, 2015 Page 13 of 18 RES.0 { i i Page 165 of 19� Quit Claim Deed REFERENCE #: GRANTOR: Puget Sound Energy, Inc. GRANTEE: LEGAL DESCRIPTION: ASSESSOR'S PROPERTY TAX PARCEL: THE GRANTOR, PUGET SOUND ENERGY, INC., a Washington corporation, for and in consideration of Ten and NO /100 Dollars $10.00) and other good and valuable consideration, in hand paid, conveys and quit claims to .the City of Auburn, a Municipal corporation of the State of Washington, ('Grantee") the follow_ ing described real estate, situated in the County of King, State of Washington; Legal Description attached hereto as EXhibit A and by reference made a part hereof. SUBJECT TO: Easements, restrictions, reservations, covenants and agreements. Dated .20— PUGET SOUND ENERGY, INC. By: Puget Sound Enera/City of Auburn Purchase and Sale Agreement March 2, 2015 Page 14 of 18 RES.0 Page 166 of. 195 STATE OF WASHINGTON ) )SS. COUNTY OF KING } On this day of .20___, before me, the undersigned _ , to me known to be the of PUGET SOUND ENERGY, INC., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. written. WITNESS my hand and official seal hereto affixed the day and year first above Print Name Notary Public in and for the State of Washington, residing at My appointment expires Puget Sound Energy /City of Auburn- Purchase and Sale Agreement March 2, 2015 Page IS of 18 RES.0 7 I 'Ih Page 167 of 19� STATE OF County of ) }55. } STATE OF WASHINGTON ) )ss. County of King } I certify that I know or have satisfactory evidence that is the person who appeared before me, and be acknowledged that he signed this instrument as his flee and voluntary act for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of residing at My appointment expires STATE OF } }ss. County of } STATE OF WASHINGTON ) )ss. County of King } I certify that I know or have.satisfactory evidence that is the person who appeared before me, and she acknowledged that she signed Oiis instrument as her free and voluntary act for the uses and purposes mentioned in this lnstru nc. it. Dated Notary Public in and for the State of residing at My appointment expires Exhibit 1 T Legal Description. Puget Sound Energy /City of Auburn Purchase and Sale Agreement March 2, 2015 Page 16 of 18 RES.0 Page 168 of 195 Exhibit 1 Legal Description Parcel A; That portion of Lots 1, 3, 4, 5, 6, 11, 12, 13, 14 and-1 5, The Parker Hoin_ estead, according to the plat thereof, recorded in Volume 8 of Plats, Page 5.1, records 'of King County, Washington, described as follows; Beginning at the north 114 corner of Section. 31, Township 21 North, Range 5 East, W.M., thence south '89 °49'20" west along the north line of said section 127.71 feet; thence south 41120'16" west 615 feet more or less to a point on the east boundary of said Lot 6 and the true point of beginning; thence continuing sou_ th 41'20'16"' west to a point 1436.51 feet from said north line of said section as measured along said lizie; therice south 44 "01'28" west 215.03 feet; thence south 16 °10'48" west ,151.59 feet; thence south 46°28'52" west 115.24 feet;. thence south 26°27'43" west, 246.55 feet; thence south 63 °21'45" west 695 feet, more or less, to the east boundary of the west 500 feet of said Lot 14; thence southwesterly along the sough bank of. Stuck Rives to a point on the west line of said section 31 a distance of 359 feet north of the west 114 corner thereof; thence north 00 °45'10" east along said west line 960 feet, more or Iess, to a point south 00 "45'10" west 54:22 feet from the intersection of the east margin of PSH #5 with the vest line of said section 31; thence south 89 014'50" east 54 feet; thence south 00 145'10" west 47 1. 82 feet; thence north 50 °50'01" east 1018.81 feet; thence north 42 °30'49" east 376.31 feet; thence north 33631'10" east 581.74 feet; thence north 32 °29'39" east 173.71 feet; thence north 36 °51'24" east 242.90 feet to a poirit which is '30 feet south of the north line of said section, as rrieasured. at right angles to said north line and being the south margin of 41 st Street S.E.; thence north 89 "54'03" east along said margin 380 feet, more or less.. to the northeast corner of said Lot 6; thence south along the east boundary thereof 435 feet, more or less, to thetrpe point of beginning. Except that portion described as follows; Beginning at the northwest comer of said section 31; thence south, 00 °45'10" west along the west line of said section 31 a distance of 30 feet; thence south 89 °54'03" east parallel to the north.line of said section 31 a distance of 240.15 feet; thence south 00 °28'27" west parallel to the east margin of "A" Street S.E.. right of way (Old PSH #5).200 feet; thence north 89 054'03" west 200 feet.to the east margin of said Street; thence south 00 °28127" west along said margin 725.43 feet to a, point of a curvature to the. right with a radius of 985 feet of which the. radial center which bears north 89 °31'33" west; thence southwesterly along said curvature 302.53 feet; thence. south. 00 °45'10" west 54.22. feet to the true point of beginning; thence south 89 °14'50" east 50 feet; thence south 00 °45'10" west 471.82 feet; thence south 39 °09'59" east 70 feet; thence south 50 °50'01" west .23.76 feet to the west line of said section 31; thence northerly along said west line to the true point of beginning. Puget Sound Energy /City of Auburn Purchase and Sale Agreement March 2, 2015 Page 17 of.18 RES.0 Page 169 of 1 Except that portion; if any, lying within N.E. 41 st Street. Parcel B; That ,portion of Lot 1 City of Auburn Short Plat Number SP 1 -83 as recorded under recording number 8305120301 lying southerly of Lot 2 of said Short Plat and said Short- Plat is described as follows; The south 112 of the southeast quarter of the southwest quarter of Section .30, Township 21 North, Range 5 East; W.M. in King County, Washington; except that portion thereof lying southeasterly of a line described as follows; beginning at a point on the south line of said southwest quarter 127.7.1 feet west of the southeast corner of said southwest 114; thence north 41°20'15" east 100.75 feet; thence north 44°31'40" east 87.09 feet to a point on the east line of said southwest 114 and the terminus of said line. Except that portion, if ariy, lying within N.E. 41st Street. Also known as a portion of City of Auburn Lot Line Adjustment number LLA- 0011 -92 as recorded under recording number 9209281726. Parcel C; That portion' of King County Assessor Parcel Number 302105HYDR that is.bounded on. the East by the East sectional line of the SW `/ of SE'/ of 30- 21 -05. Puget Sound Energy /City of Auburn Purchase and Sale Agreement March-2, 2015 Page l8 of 18 RES.0 Page 170 of 195 Form 22Y Extension of Closing Date Rev: 08101 Page 1 of 1 EXTENSION OF CLOSING DATE ADDENDUM a copyrigght 2001 Northwest Mulllple Listing Service ALL RIGHTS RESERVED The following Is part of the Purchase and Sale Agreement dated 3/312018 1 between r city of Auburn ( "Buyer") 2 and , Puget Bound Inergy ( "Seller") 3 concerning 1404 -103 King 17ount WA ( "the Property ") 4 1. EXTENSION OF CLOSING DATE. The partles hereby agree to extend the Closing Date set forth in the Agreement 5 until v k, Qi g, 6 2. OTHER DATES. In addkion, the parties hereby agree to rhddify other dates set forth in the Agreement as follows: ALL OTHER TERMS AND CONDITIONS of the Agreement remain unchanged. Initials: BUYER: A"fE: t2 - • /:5_ SELLER;.— �- TE: SELLER: Realty Marketingftsthw t, 322 S th Avenue, 91250 Portland, OR 97204 Phone: (800)4334 669 ax: Sharon Pccdo Produced with zlpFormG by zlpLoglx 18070 Firtaon Mlle Road, Fraear, Michigan 48028 7 B 9 10 11 12 13 14 15 16 17 18 DATE: 19 DATE: 20 Untitled RES.0 Page 171 of 195 PSE White River Property J.�yy t���� 11V JITH�•ggjjU uu ei n 1- rC7�7 E 1, '"AS1Fi451.hd 1)f3?,S1i+�a }ij�� �POOOLCJLi D 62037TH -_ -� 33 T_SE uWPL Se t, .A, ET ORA'. L T _' RD SE RD SF APN 6655000025 I I � I a o` 490 ORAVE I _3n? �� RD SF (I FA I I J Ft Attachment A E' N 302105HYDR iK a r 0 302105 0 z Y 4220 KE NNEDY AVE SE a 4160 ?� KENNEDY AVE SE it O 8500RAVETZ RD`SE 910 ORAVE TZ �P RD SE 100% o q NO 47TH ST SE E 1,0 1 11*1 .et 4706 MILL POND -DR SEA `� 1311902; ^ 11. 7 4eTH cT sE IA1l4Q��e �p0` SE Pd.t d Dza:7 /1412015 Map Created by City of Aaban eG15 Infomution shave is for general Merence purposes only and does not necesanly represent exaa 9"Ial hk or canogaPhic data as mapped. The City of Aubwn makes no v mnty as to Its acre . 4802 QUIKY AVE SE. 3 U. 3J20 A v r IT '� 0 a 41.1i)G A - r�] nl t tom° i .� 41_I� I•. � 4 � I Sl • `I . A $T'SE '� Iguflvo JG -', A',T ' '!t 1 aTi,Iry1— •:1 ,' 11 t 1 1 '�k�.- lullpryln-N.Jn�yt110p��! 4 -s4TF1 ST SE ' - ' ' T `' I I 1 � i 1 I del gt 1 ORA'. L T _' RD SE RD SF APN 6655000025 I I � I a o` 490 ORAVE I _3n? �� RD SF (I FA I I J Ft Attachment A E' N 302105HYDR iK a r 0 302105 0 z Y 4220 KE NNEDY AVE SE a 4160 ?� KENNEDY AVE SE it O 8500RAVETZ RD`SE 910 ORAVE TZ �P RD SE 100% o q NO 47TH ST SE E 1,0 1 11*1 .et 4706 MILL POND -DR SEA `� 1311902; ^ 11. 7 4eTH cT sE IA1l4Q��e �p0` SE Pd.t d Dza:7 /1412015 Map Created by City of Aaban eG15 Infomution shave is for general Merence purposes only and does not necesanly represent exaa 9"Ial hk or canogaPhic data as mapped. The City of Aubwn makes no v mnty as to Its acre . 4802 QUIKY AVE SE. 3 U. TAX PRO - RATION AGREEMENT Escrow No. Puget Sound Energy, Inc. Attachment B The City of Auburn, the Purchaser of King County Assessor parcels # 6655000025, 3021059020 and 302105HYDR, agrees to reimburse Puget Sound Energy, Inc., as Seller, for any 2015 property taxes attached to the subject property subsequent to the closing date for sale of the parcel. The Purchaser agrees to make said reimbursement within 60 (sixty) days immediately following the submission of an invoice for same to the city by Seller to the below address. As a municipal corporation, the City of Auburn is exempt from property taxation pursuant to RCW 84.36.010. The city is entering into this agreement solely to facilitate the property sale transaction and is not waiving its status as an exempt municipal corporation for purposes of its property tax obligation. In the event that any taxing authority submits a claim or claims from this date forward for current or past taxes on King County Assessor Parcel 30215HYDR to either Purchaser or Seller, Purchaser shall assume all liability for that claim or those claims. Dated: ,xyo,, 3, 2-0 V6' By. N ncy Baf3f s Mayor, Cl Auburn Purchaser's Address: Attn: Chris Andersen, Environmental Services Manager Community Development and Public Works Department City of Auburn 25 West Main Street Auburn, WA 98001 RES.0 Page 173 of 195 Attachment C From: Murrav, 6rian To: Chris Andersen Subject: Re: Auburn 2015 SROF approval Date: Tuesday, July 14, 2015 4:09:31 PM Hi Chris, confirmed! Yesterday's materials authorized use of the SROF for this acquisition (f) 206 - 205 -5134 httD:/ /www.kin county.gov /environment/waterandIancl floodin .aspx www.facebook.com/k'in:L,countvrivers Download Mobile Flood Warning App here On Jul 14, 2015, at 4:01 PM, Chris Andersen <can ersen@au urnwaa ov> wrote: Hi Brian, Thank you again for all of your assistance with getting Auburn's FY15 SROF application in and approved for the City's acquisition of property on the White River. The next (and final) step prior to the scheduled closing of the purchase by July 31 is to submit the Purchase Agreement to the Auburn City Council for their approval to be able to complete the purchase. I need to submit all Council materials today for the Council meeting next Monday- can you send me a quick email confirming that based on the FCD Board of Supervisors action on FCD Res. No. 2015 -07, the City's SROF funding for acquisition of the White River property has been approved. Thanks, Chris Andersen, CFM Environmental Services Manager City of Auburn Email: candersenC@auburnwa.gov Web: www.auburnwa.Rov /environment RES.0 Page 174 of 195 Office: (253) 876 -1962 Mobile: (253) 261 -1111 Fax: (253) 804-3114 The information contained in this electronic communication is personal, privileged and /or confidential information intended only for the use of the individual(s) or entity(ies) to which it has been addressed. If you read this communication and are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication, other than delivery to the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify the sender by reply e -mail. Thank you. RES.0 Page 175 of 195 p., , 01, " . ... . ...... r ,,y AGENDA BILL APPROVAL FORM Administrative Recommendation: City Council adopt Resolution No. 5161. Background Summary: Sumner has requested that Auburn City Council authorize an extension of the closing date upon which the boundary adjustment per Resolution No. 5113 is dependent. On January 20, 2015, the City Council approved its Resolution No. 5113, authorizing an adjustment of the boundaries between the cities of Auburn and Sumner. Sumner has requested that the date by which the closing occur be adjusted to accommodate the later closing of the sale of its golf course property in the vicinity of Lake Tapps Pkwy. East. It was anticipated that the sale of this property would close by July 31, 2015, but, unrelated to the resolution and agreements between the city of Auburn and the city of Sumner, that closing has been delayed. By the terms of the proposed Resolution No. 5161, the Mayor would be authorized to administratively extend the date for the closing (per Resolution No. 5113) should it need to be extended. This would accommodate Sumner's request and would give some flexibility for the closing. Reviewed by Council Committees: Councilmember: Staff: Snyder Meeting Date: July 20, 2015 Item Number: RES.D RES.D AUBURN * MORE THAN YOU IMAGINED Page 176 of 195 RESOLUTION NO.6 16 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, EXTENDING THE EFFECTIVE DATE OF RESOLUTION NO. 5113 WHICH APPROVED AN AGREEMENT BETWEEN THE CITIES OF AUBURN AND SUMNER FOR ADJUSTMENT OF THE BOUNDARY BETWEEN THE CITIES OF AUBURN AND SUMNER WITH THE MOVEMENT OF CITY BOUNDARY TO THE OTHER SIDE OF THE ROADWAY OF A PORTION OF RIGHT -OF- WAY OF STEWART ROAD/ LAKE TAPPS PARKWAY EAST CURRENTLY WITHIN THE CITY OF AUBURN, PURSUANT TO RCW 35.13.310 WHEREAS, on the 20" day of January, 2015, the City Council of the City of Auburn, Washington, adopted Resolution No. 5113 that approved the adjustment of the corporate boundary between the cities of Auburn and Sumner, in conformity with the requirements of RCW 35.13.310; and WHEREAS, the cities of Sumner and Auburn also reached an agreement to adjust the boundary which was approved by and incorporated into Resolution No. 5113; and WHEREAS, according to the terms of Resolution No. 5113, the resolution would become null and void if the sale of certain property by the City of Sumner did not occur by July 31, 2015; and WHEREAS, unrelated to the terms of Resolution No. 5113 and the Agreement between the cities of Sumner and Auburn, closing on the sale of the property has been delayed, and will not occur by July 31, 2015, and it would be advantageous for the cities to extend the effective date of Resolution No. 5113 and the associated Agreement by which the sale must be concluded; and WHEREAS, the City Councils of the cities desire to authorize their respective mayors to extend the effective date administratively hereafter rather than requiring additional City Council action should an extension be deemed necessary; Resolution No. 5161 July 15, 2015 RES'6 1 Page 177 of 195 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows- Section 1. The effective date of Resolution No. 5113 as set forth in Section 4 of said Resolution is hereby amended and extended to July 31, 2016 unless otherwise extended as set forth herein. The Mayor of the City of Auburn is also hereby authorized to execute a written Agreement extending the effective date beyond July 31, 2016 should the sale of the City of Sumner property not occur prior to July 31, 2016. This Resolution No. 5161 hereby incorporates all the terms, conditions, Exhibits, and Agreements as set forth in Resolution No. 5113 and such terms, conditions, Exhibits, and Agreements shall remain in full force and effect upon passage and signatures hereon. It is provided, however, that the provisions set forth herein are subject to and conditioned upon the sale of the golf course property in Sumner that is prompting the jurisdictional boundary change. Should the sale of the golf course property not close by July 31, 2016, then this Resolution and its terms acid conditions shall immediately become null and void unless otherwise extended as authorized herein by the Mayor of the City of Auburn. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation, including transmitting a copy of this Resolution to the City Clerk of Sumner. Section 3. This Resolution shall be in full force and affect upon passage and signatures heron. DATED and SIGNED this day of 2015. ATTEST: Danielle E. Daskam, City Clerk Resolution No. 5161 July 15, 2015 REST. 2 CITY OF AUBURN NANCY BACKUS, MAYOR Page 178 of 195 APP ED AS TO FORM: Daniel B. Hei , City Attorn Resolution No. 5161 July 15, 2015 REM s Page 179 of 195 RESOLUTION NO. 5 1 1 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE AGREEMENT BETWEEN THE CITIES OF AUBURN AND SUMNER FOR ADJUSTMENT OF THE BOUNDARY BETWEEN THE CITIES OF AUBURN AND SUMNER WITH THE MOVEMENT OF CITY BOUNDARY TO THE OTHER SIDE OF THE ROADWAY OF A PORTION OF RIGHT -OF -WAY OF STEWART ROAD/ LAKE TAPPS PARKWAY EAST CURRENTLY WITHIN THE CITY OF AUBURN, PURSUANT TO RCW 35.13.310 WHEREAS, RCW 35.13.310 authorizes the legislative bodies of cities or towns to agree to adjust the boundaries between cities or towns that share a common boundary within a right -of -way of a public street, road or highway by moving the boundary between them to the other edge of the right -of -way; and WHEREAS, the City of Sumner is involved in a development with attendant public works projects along Stewart Road /Lake Tapps Parkway East, which development and projects would benefit from such an adjustment of the boundary between the City of Auburn and the City of Sumner, moving the boundary between the two cities to the other side of Stewart Road /Lake Tapps Parkway East; and WHEREAS, cities of Auburn and Sumner have reached an agreement to adjust the boundaries as provided herein; and WHEREAS, the adjustment of the boundary between such cities pursuant to RCW 35.13.310 is not subject to review by the Washington State Boundary Review Board for Pierce County. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn is authorized to execute an Agreement between the cities of Auburn and Sumner for adjustment of the boundary between Auburn and Sumner along the portion of Stewart Road /Lake Tapps Parkway East, --------------- - -- Resolution No. 5113 January 12, 2015 Pagel RES.D Page 180 of 195 moving the boundary between the two cities to the other side of the roadway of Stewart Road /Lake Tapps Parkway East, in substantial conformity with the Agreement attached hereto, marked as Exhibit "A" incorporated herein. Section 2. The effect of the boundary adjustment provided for herein is to remove the below- described right -of -way territory from within the City of Auburn and include it into the City of Sumner: LEGAL DESCRIPTION That portion of the City of Auburn in the Southwest quarter and the Southeast quarter of the Northeast quarter of Section 1, Township 20 North, Range 4 East, Willamette Meridian, more particularly described as follows: COMMENCING at the intersection of the South line of said Northeast quarter and the West line of Burlington Northern Santa Fe Railroad right -of -way, being a point on the city limit line between City of Auburn and City of Sumner; THENCE North 00 °54'30" West, 70.03 feet along said line; THENCE South 82 °26'07" West, 137.30 feet along said line to the TRUE POINT OF BEGINNING; THENCE CONTINUING South 82 °26'07" West, 10.75 feet along said common line; THENCE North 89 °48'08" West, 474.24 feet along said line; THENCE North 88 °25'14" West, 477.67 feet along said line; THENCE North 07 °41'58" West, 155.36 feet along said line; THENCE North 82 005'39" East, 987.52 feet; THENCE South 00 057'23" East, 303.22 feet to the TRUE POINT OF BEGINNING. Containing 226,046 Square feet, more or less. SITUATE IN PIERCE COUNTY, WASHINGTON. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation, including transmitting a copy of this Resolution to the City Clerk of Sumner. Section 4. This Resolution shall be in full force and affect upon passage and signatures heron. It is provided, however, that the provisions set forth herein and the terms and conditions set forth in the attached agreement are subject to and conditioned upon the sale of the golf course property in Sumner that is prompting the jurisdictional boundary change. Should the sale of the golf course property not close by July 31, 2015, then this --------------- - -- Resolution No. 5113 January 12, 2015 Page 2 RES.D Page 181 of 195 Resolution and the attached Agreement shall immediately become null and void. --------------- - -- Resolution No. 5113 January 12, 2015 Page 3 RES.D Page 182 of 195 DATED and SIGNED this qS2!L day of��,,.� 2015. 7-T 7-AT RN `f A CY BACKUSWAYOR ATTEST: 4je4 C, Danielle'-E. Daskam, City Clerk -- - - - - - - - - - - - - - - - - Resolution No. 5113 January 12, 2015 Page 4 RES.D Page 183 of 195 CONFORPIED COPY 201502230340 3 01:33:23 0 PM $m , 00 S PGS AUDITOR, Pierce County, WASHINGTON Name & Return Address: CITY OF AUBURN CITY CLERK 25 WEST MAIN AUBURN, WA 98002 Washineton State Recorder's Cover Sheet (RCW 65.04) Please print legibly or type information. DocumentTitle(s) Interlocal Agreement Adjusting Municipal Boundaries Grantor(s) CITY OF AUBURN, WASHINGTON Additional Names on Page of Document Grantee(s) CITY OF SUMNER, WA Additional Names on Page of Document Legal Description (Abbreviated: i.e., lot, block & subdivision name or number OR section /township /range and quarter /quarter section) Complete Legal Description on Page of Document Auditor's Reference Number(s) Assessor's Property Tax Parcel /Account Number(s) Non Standard Fee $50.00 By signing below, you agree to pay the $50.00 non standard fee. I am requesting an emergency non standard recording for an additional fee as provided in RCW 36.18.010. 1 understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature of Party Requesting Non Standard Recording NOTE: Do not sign above or pay additional $50.00 fee if document meets margin /formatting requirements. The Auditor /Recorder will rely on the information provided on this cover sheet. Staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. N:\ Recording \Forms \RecordingCoverSheet.docx Rev 7/14 RES.D Page 184 of 195 AGREEMENT REGARDING ADJUSTMENT OF MUNICIPAL BOUNDARIES BETWEEN THE CITIES OF AUBURN AND SUMNER RELATED TO LAKE TAPPS PARKWAY THIS AGREEMENT is entered into between the City of Sumner, a Washington Municipal Corporation, located and doing business at 1104 Maple St, Sumner, Washington 9898390 ( "Sumner ") and the City of Auburn, a Washington Municipal Corporation, located and doing business at 25 West Main Street, Auburn, Washington 98001 ( "Auburn ") RECITALS WHEREAS, both cities desire to work together for the mutual and overall benefit of their street systems in the vicinity of Lake Tapps Parkway; and WHEREAS, it is advantageous for a certain portion of Lake Tapps Parkway to be included within the city limits of the City of Sumner rather than its present position, located within the City of Auburn; and WHEREAS, such an adjustment of the boundaries between the two cities would make it also necessary for City of Auburn gravel and materials storage facilities to be relocated to a different position along Lake Tapps Parkway; and WHEREAS, Lake Tapps Parkway and certain areas in the vicinity currently utilize a common storm drainage system and stormwater pond; and WHEREAS, the cities have discussed these issues and have reached an agreement with respect to the adjustment of the boundaries between the two cities to provide for a portion of Lake Tapps Parkway currently located within the City of Auburn to be located within the City of Sumner, adjusting the boundary between the two cities accordingly, and relocation of the City of Auburn gravel and material storage areas. NOW, THEREFORE, Auburn and Sumner hereby agree as follows: A. AUBURN AND SUMNER MUNICIPAL BOUNDARIES REVISION 1. Sumner shall maintain two westbound continuous flow travel lanes bypassing the new signalized intersection as proposed by Sumner and Auburn and attached as Exhibit A. and known as the "Annexation Area ". 2. All existing public infrastructure facilities within the Annexation Area will become Sumner's property and maintenance responsibility; except that when Auburn is sanding or treating roads in the vicinity, it will continue to sand or apply treatment to the annexation area. 1 RES.D Page 185 of 195 3. Existing Auburn Street lighting facilities within the Annexation Area shall be re -wired by Sumner to be served by a Sumner -owned power service and separated from Auburn's facilities. 4. Roadway storm drainage from the Annexation Area is the responsibility of Sumner and will be entering Auburn's Stormwater Pond Facilities known as "Trillium Stormwater Pond ". 5. Stormwater from Lake Tapps Parkway drains to the Trillium Stormwater Pond through a drainage pipe system, Sumner and Auburn wish to set forth their agreements regarding the Trillium Stormwater Pond and related matters as follows. a. Trillium Stormwater Pond. Auburn will maintain the Trillium Stormwater Pond in compliance with City of Auburn Design and Construction Standards to meet the requirements of the calculated "100 year design storm" pursuant to the approved Pierce County plans. Sumner agrees to allow ongoing access to Auburn for the maintenance of the Trillium Stormwater Pond and secure any necessary property rights to allow access from the proposed pedestrian trail. Sumner agrees to provide a driveway cut on Lake Tapps Parkway in a location that is mutually acceptable to the Parties and consistent with the intent of this Agreement. b. Maintenance of Stormwater Connection Facilities. Sumner will inspect, maintain and remove accumulated sediments annually for the stormwater pipes connecting Sumner's storm system to Auburn's Trillium Stormwater Pond. Sumner agrees to continue to allow and provide for the existing drainage from Auburn's jurisdiction through the stormwater pipes as they are currently configured within the Annexation Area. C. Clean -Up. In the event of a spill of Hazardous Substances from Lake Tapps Parkway into the Auburn Trillium Stormwater Pond, Sumner will undertake immediate response as required by law, including, but not limited to, reporting to appropriate agencies, and pursue enforcement of all required remediation and cleanup efforts until they are completed and the cleanup and /or remediation has been approved by appropriate governmental agencies. d. Hazardous Substances Defined. As used herein, the term "Hazardous Substances" means any hazardous, toxic, chemical, or dangerous substance, pollutant, contaminant, waste or material, including petroleum, which is regulated under any federal, state, or local statute, ordinance, rule, regulation, or common law relating to chemical management, environmental protection, contamination, or cleanup including, without limitation, the 2 RES.D Page 186 of 195 Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended, the Resource Conservation and Recover Act as amended. B. RELOCATION OF AUBURN GRAVEL AND MATERIAL STORAGE FACILITIES 1. Sumner shall provide for the relocation of the existing Auburn Gravel and Material Storage Facilities and the construction of a Covered Dual Chamber Material Storage Facility including paved access to the facility for City of Auburn Maintenance & Operations use on the south side of Stewart Road at a location agreed to by both parties. 2. Sumner shall provide all necessary public access easements to Auburn for the Material Storage Facility and Non - Motorized Trail. Within 120 calendar days of the completion of the final design for ingress and egress from the golf course property is completed, the Parties will work cooperatively to complete a final legal description and necessary Exhibits for Auburn's access to the material Storage Facility and Non - motorized Trail. Sumner agrees to execute any and all easements and any other necessary documents to effectuate the intent of this section. C. PERPETUAL EASEMENT TO AUBURN GRAVEL AND MATERIAL STORAGE FACILITIES 1. Within 120 Calendar days of the completion of the final design for ingress and egress from the golf course property is completed, the Parties will work cooperatively to complete a final legal description and necessary Exhibits for Auburn's access to the material Storage Facility and Non - motorized Trail. Sumner agrees to execute any and all easements and any other necessary documents to effectuate the intent of this section. D. MISCELLANEOUS Termination. This agreement shall terminate only upon agreement of both parties 2. Governing _Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the cities under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. 3. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of each city. 4. Severability. If any one or more sections, subsections or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect 3 RES.D Page 187 of 195 the validity of the remaining portions of this agreement and the remainder shall remain in full force and effect. Entire Agreement. Written provisions and terms of this agreement, together with any attached exhibits, supersede all prior verbal statements by any representative of either city, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached exhibits contain the entire agreement between the parties. Should any language in any exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. THE CITY OF AUBURN N NCY BA , MAYOR THE CITY OF SUMNER DAVE ENSLOW, MAYOR APPROVED BY AUBURN CITY COUNCIL MOTION Z, , 20 V5 APPROVED BY SUMNER CITY COUNCIL RESOLUTION NO. 1419 ON JANUARY 20, 2015. ATTEST: katQ�Y- � k� (SEAL) DANIELLE E. DASKAM AUBURN CITY CLERK APPROVED AS TO FORM: IEL B. HEID AUBURN CITY ATTORNEY L, ATTEST: r/6.-ae-A-4� -- (SEAL) ERRI BERRY SUMNER CITY CLERK APPROVED AS TO FORM: BRETT VINSON SUMNER CITY ATTORNEY RES.D Page 188 of 195 B, N AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution No. 5162 July 16, 2015 Department: Attachments: Budget Impact: Administration Resdution No. 5162 $0 Administrative Recommendation: City Council adopt Resolution No. 5162. Background Summary: The Lodging Tax Advisory Committee (LTAC) sent out Request for Proposal for use of Lodging Tax Revenue Funds. Uses for Lodging Tax Grant Funds: • Marketing and operations of special events and festivals designed to attract tourists • Operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district • Operations of tourism-related facilities owned or operated by nonprofit organizations. ( RCW 67.28.1816 ) mrM00maysim 07-3 was, EM F.T.V-se, M. . - =9 17-• 4 • ff.-To, 11, 11 M Z W R 154TOTiTem re, 10 =_. I a =,- 0, The allocation of support services must demonstrate it provides a benefit to the Committee Local government must document those services and the costs to ensure that they are fair and equitable. Must be solely for the purpose of paying all or any part of the cost of tourism promotion. The creation of the tourism board's primary function is to promote and market tourism Who may apply: • Convention and visitors bureaus • Destination marketing organizations RES.E AUBURN * MORE THAN YOU IMAGINED Page 189 of 195 • Nonprofits, including main street organizations, lodging associations, or chambers of commerce LTAC reviews applications and makes recommendations for funding. After the Lodging Tax Advisory Committee recommends funding their recommendations go to City Council for their review and authorization. Reviewed by Council Committees: Councilmember: Staff: Hursh Meeting Date: July 20, 2015 Item Number: RES.E RES.E AUBURN * MORE THAN YOU IMAGINED Page 190 of 195 RESOLUTION NO. 51 6 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE LODGING TAX GRANT DISBURSEMENTS RECOMMENDED BY THE AUBURN LODGING TAX ADVISORY COMMITTEE AND THE AUBURN TOURISM BOARD WHEREAS, the City of Auburn has businesses within its corporate limits that collects lodging tax dollars in accordance with Chapter 67.28 of the Revised Code of Washington (RCW); and WHEREAS, the City of Auburn has a lodging tax advisory committee, the Auburn Lodging Tax Advisory Committee, established pursuant to Chapter 2.76 of the Auburn City Code (ACC), in accordance with RCW 67.28.1817; and WHEREAS, the City of Auburn also has a tourism board, the Auburn Tourism Board, established pursuant to Chapter 2.77 ACC; and WHEREAS, in accordance with ACC 2.76.040, the Lodging Tax Advisory Committee shall make recommendations to the City Council on tourism promotion and tourism related issues; and WHEREAS, pursuant to ACC 2.77.060 , the Tourism Board shall assist the City Council in formulating strategies for tourism related activities and programs geared to promote the city of Auburn as a tourist destination, and shall make recommendations to the City Council on tourism promotion and tourism related issues; and WHEREAS, on July 1, 2015, both the Auburn Tourism Board and the Auburn Lodging Tax Advisory Committee met to consider proposals for expending lodging tax Resolution No. 5162 July 15, 2015 Page 1 of 3 RES.E Page 191 of 195 dollars (taxes collected in accordance with Chapter 67.28 RCW), and consider proposals from various different potential recipients in terms of expanding lodging tax dol.iars in a way to promote the City of Auburn as a tourist destination; and WHEREAS, after the July 1, 2015, meeting, the Lodging Tax Advisory Committee and the Tourism Board voted on the proposals and requests they received for expenditure of lodging tax dollars; and WHEREAS, the Lodging Tax Advisory Committee and the Tourism Board have submitted their recommendations for expenditure of lodging tax dollars to the City Council for consideration and approval. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Approval of Recommendations. The City Council hereby approves and endorses the expenditure of lodging tax dollars in accordance with the lodging tax disbursements recommended by the Auburn Lodging Tax Advisory Committee and the Auburn tourism board, as shown on the lodging tax grants /recommended disbursements list, a copy of which is attached hereto, marked as exhibit "A" and Incorporated herein by this reference. Section 2. Implementation. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No. 5162 July 15, 2015 Page 2 of 3 RES.E Page 192 of 195 Dated and Signed this day of , 2015. CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: a4 Daniel B. Heid, City Attorney Resolution No. 5182 July 15, 2015 Page 3 of 3 RES.E Page 193 of 195 RESOLUTION NO. 5162 EXHIBIT A Lodging Tax Grant Event: Veterans Day Parad Amount Requested: $6,500.00 Possible Points: 900 Points Received: 843 Comments: • Fund is for advertising • Does put heads in beds Event: Auburn Symphony Amount Requested: $2,000.00 Possible Points. 1,000 Points Receive: 272 Comments: • Possible if they did some networking for more advertising • Thursday night not good for attendance Event: EMD 3on3 Basketball Tournament Amount Requested: $3,500.00 Possible Points: 800 Points Received: 730 Comments: • 15% out of town players • Trying to add a wheel chair competition • Goal is to have more youth participating • Did out heads in beds for the last 2 years Event: Hops & Crops Amount Requested: $4,000.00 Possible Points: 1,000 Points Received: 578 Comments: • Donation should go to promotion of don't drink & drive • Partner with hotels • Concerns about drinking • Should have shuttles available Approv.ed Amount $6,500.00 Approved Amount $250.00 Approved Amount $3,500.00 Approved Amount $00.00 RES.E Page 194 of 195 Event: Geocaching Amount Requested: $1,000.00 Possible Points: 1,000 Points Received: 975 Comments: • Great tourism, lots of hotel nights, great following • Participants will travel • Friday night party with us funding • Give them more.money Event: Mexican Independence Festival Amount Requested: $8,000.00 Possible Points: 900 Points Received: 876 Comments: • Family Event no Alcohol over 15,000 to 20,000 attendees o Great tourism opportunity, will put heads in beds o Lots of advertising opportunities • Will post our hotels • Extra advertising, N, Radio & Print Approved Amount $3,500.00 Approved Amount $8,000.00 RES.E Page 195 of 195