HomeMy WebLinkAbout07-20-2015 CITY COUNCIL AGENDACity Council Meeting
July 20, 2015 - 7:00 PM
Auburn City Hall
��� AGENDA
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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.
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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.)
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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.
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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.
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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
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CITY Of
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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Dogwood Street SE to Hemlock Street SE
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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
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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
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ORD.A Page 37 of 195
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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
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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
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CONSULTING ENGINEERS
ENGINEERS PUWNERS SURVEYORS
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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
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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°�
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°E
°m "A'-
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I
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a
39 sEE E.P. ,3,
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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
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ED
Z
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SHEET 2 69803 S.F.
z I>
139.60'
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°
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FOUND IN PLACE AT THE SOUTHEAST
UTILITY DISTRICT
SECTION CORNER AND THE EAST
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CITY OF AUBURN FILE NO. PLT14 -0010
JOB NO. 13012
ORD.B Page 51 of 195
SHEET 6 OF 10
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SEE SHEET 5 FOR CONTINUATION
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FOUND. MONUMENT AS NOTED
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CITY OF AUBURN FILE NO. PLT14 -0010
ORD.B
FENCE IS
0.2•W. OF
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FOUND. MONUMENT AS NOTED
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CITY OF AUBURN FILE NO. PLT14 -0010
ORD.B
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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—
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CITY OF AUBURN, KING COUNTY, WASHINGTON /
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/
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INGRESS AND EGRESS
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8407110929
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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
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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
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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
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SEE SHEET 9 FOR CONTINUATION
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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
®
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Aa4
c
Ipy�sENGINEERS
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PSDE PRIVATE STORM DRAINAGE EASEMENT
^ V B ® FZ-F H
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/
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GRAPHIC SCALE
0 20' 40' 80'
25
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ME WIRE FENCE
BASIS OF BEARINGS:
/
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85
MORNING CREST
88 \ \ VOL. 116, PG. 4 -5
LEGEND:
FOUND MONUMENT AS NOTED
SET STANDARD CITY OF AUBURN
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Aa4
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^ V B ® FZ-F H
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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
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66023 S.F. 2 & 10' WILL
N89'51'46 "E
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EWE
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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
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155.03' 4
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/
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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'
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SECTION CORNER AND THE EAST
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JOB NO. 13012
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SEE SHEET 9 FOR CONTINUATION
LEGEND:
FOUND MONUMENT AS NOTED
® SET STANDARD CITY OF AUBURN
MONUMENT BRASS DISK STAMPED
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E.P. EASEMENT PROVISION
BASIS OF BEARINGS:
620 -OWh AVENUE KIR -AID,, WA 98033
N00'53`05 °E BETWEEN THE MONUMENTS
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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, " . ... . ......
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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
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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.
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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
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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.
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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,
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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;
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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
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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.
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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
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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.
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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:
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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.
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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
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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
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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
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DATE: 19
DATE: 20
Untitled
RES.0 Page 171 of 195
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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,
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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
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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.
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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
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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
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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 )
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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