HomeMy WebLinkAbout08-03-2015 CITY COUNCIL AGENDAA rr r
O
WASH I NGIUN
CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
City Council Meeting
August 3, 2015 - 7:00 PM
Auburn City Hall
AGENDA
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II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
III. APPOINTMENTS
IV. AGENDA MODIFICATIONS
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
Public Hearing for Right -of -Way Vacation V4 -14 (Snyder)
City Council to conduct a public hearing on the proposed vacation of right -
of -way located on the south side of South 318th Street, east of 56th Avenue
South (Vacation V4 -14)
(RECOMMENDED ACTION: City Council conduct the public hearing.
For further action on this items, see Ordinance No. 6564.)
2. Public Hearing on 2016 -2021 Transportation Improvement Program
Modification (Snyder)
City Council to conduct a public hearing to receive public comments and
suggestions with regard to the proposed modification to the 2016 -2021
Transportation Improvement Program (TIP)
(RECOMMENDED ACTION: City Council conduct the public hearing.
For further action on this item, please see Resolution No. 5158.)
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 May 26, 2015 Study Session*
B. Minutes of the July 20, 2015 City Council Meeting*
C. Claims Vouchers (Coleman)
Claims voucher numbers 434746 through 434979 in the amount of
$1,428,938.84 and three wire transfers in the amount of $169,568.37 and dated
August 3, 2015.
D. Payroll Vouchers (Coleman)
Payroll voucher numbers 535745 through 535765 in the amount of $323,472.58
and electronic deposit transmissions in the amount of $1,443,068.03 for a grand
total of $1,766,540.61 for the period covering July 16, 2015 to July 29, 2015.
E. Public Works Project No. CP1402* (Snyder)
City Council approve Change Order No. 1 and Final Pay Estimate No. 5 in the
amount of $45,042.85 to Contract No. 15 -02 and accept construction of Project
No. CP1402, 2014 Citywide Pavement Patching and Overlay Project
(RECOMMENDED ACTION: City Council approve the Consent Agenda.)
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
A. SCORE Jail Statistics* (Mayor Backus)
X. ORDINANCES
A. Ordinance No. 6564, First Reading* (Snyder)
An Ordinance of the City Council of the City of Washington, vacating right -of -way
of the south side of South 318th Street, east of 56th Avenue South, within the
City of Auburn, Washington
(RECOMMENDED ACTION: City Council suspend the rules and adopt
Ordinance No. 6564 on first reading.)
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
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(RECOMMENDED ACTION: City Council adopt Resolution No. 5154.)
B. Resolution No. 5158* (Snyder)
A Resolution of the City Council of the City of Auburn, Washington, amending
the 2016 -2021 Six -Year Transportation Improvement Program of the City of
Auburn pursuant to RCW Chapter 35.77
(RECOMMENDED ACTION: City Council adopt Resolution No. 5158.)
C. Resolution No. 5159* (Snyder)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor to execute an interlocal agreement (ILA) among the participating
jurisdictions within the Green River, Duwamish River, and Central Puget Sound
Watersheds within the Geographic Planning Area of Water Resources Inventory
Area (WRIA) 9
(RECOMMENDED ACTION: City Council adopt Resolution No. 5159.)
D. Resolution No. 5164* (Lee)
A Resolution of the City Council of the City of Auburn, Washington, declaring a
certain firearm as surplus property and approving its sale to a retired police
officer
(RECOMMENDED ACTION: City Council adopt Resolution No. 5164.)
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
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: Date:
Public Hearing for Right -of -Way Vacation V4 -14 July 22, 2015
Department: Attachments: Budget Impact:
CD & PW No Attachments Available $0
Administrative Recommendation:
City Council to conduct a public hearing to receive public comments with regard to
Right -of -Way Vacation No. V4 -14. For further action on this item, see Ordinance No.
6564.
Background Summary:
Per Auburn City Code Chapter 12.48, a public hearing shall be held to consider the
proposed right -of -way vacation for V4 -14 for the right -of -way of the south side of
South 318th Street, east of 56th Avenue South. The date of the public hearing was set
by Resolution No. 5152 on July 6, 2015.
Reviewed by Council Committees:
Councilmember: Staff: Snyder
Meeting Date: August 3, 2015 Item Number: PH.1
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Agenda Subject: Date:
Public Hearing on 2016 -2021 Transportation Improvement July 28, 2015
Program Modification
Department: Attachments: Budget Impact:
CD & PW No Attachments Available $0
Administrative Recommendation:
City Council conduct a public hearing to receive public comments and suggestions
with regard to the proposed modification to the 2016 -2021 Transportation
Improvement Program (TIP). Attachments can be found with Resolution No. 5158.
Background Summary:
Pursuant to RCW 35.77.010 the City is required to prepare and adopt a
Transportation Improvement Program (TIP) for the ensuing six years. The program
may be revised at any time by a majority of the City Council, but only after conducting
a public hearing.
The date of public hearing was set by Resolution No. 5157 on July 20, 2015.
Reviewed by Council Committees:
Councilmember: Staff: Snyder
Meeting Date: August 3, 2015 Item Number: PH.2
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the May 26, 2015 Study Session
Department: Attachments:
Administration 5 -26 -2015 Study Session Minutes
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: August 3, 2015
Staff:
Date:
July 27, 2015
Budget Impact:
$0
Item Number: CA.A
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c� City Council Study Session
May 26, 2015 - 5:30 PM
Auburn City Hall
MINUTES
CALL TO ORDER
Councilmember Osborne 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: Rich Wagner, Bill Peloza, Largo
Wales, Wayne Osborne, Claude DaCorsi. Deputy Mayor Holman
and Councilmember Wales were excused.
City officials and staff members present included: Mayor Nancy
Backus, City Attorney Daniel B. Heid, Community Development and
Public Works Director Kevin Snyder, Finance Director Shelley
Coleman, Human Resources and Risk Management Director Rob
Roscoe, Assistant Chief of Police William Pierson, Director of
Administration Michael Hursh, Public Affairs and Marketing Liaison
Dana Hinman, IT Operations Manager Ashley Riggs, IT Customer
Support Manager Reba Stowe, and Deputy City Clerk Shawn
Campbell.
II. AGENDA ITEMS FOR COUNCIL DISCUSSION
A. 1 st Quarter 2015 Financial Report - 15 Minute Presentation /5 Minute
Q&A (Coleman)
Director Coleman explained she has adjusted the quarterly report to
include the dashboard slides. The General Fund revenues include
property taxes, sales taxes, other taxes, intergovernmental (grants),
service fees, culture and recreation fees and other fees and
charges. The property taxes and other tax bracket are lower then
expected due to the time of year. The electric and gas tax are low
due to the warmer winter and not as much electricity or natural gas
was needed to heat homes this winter.
Expenditures include personnel, supplies and services,
intergovernmental and other. The year to date expenditures and all
departments are within budget.
Councilmember Peloza asked about the low water / sewer usage.
Director Coleman explained higher flows occur through the summer.
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Director Coleman explained the City had a large deposit from real
estate excise tax transactions in March. The City received $1.2
million, this included the Market at Lake Tapps, Safeway distribution
center and the Outlet Collection.
Councilmember Wagner asked if REET 1 and REET 2 funds have
been combined in the spreadsheet and what can the City spend the
different funds on. Director Coleman explained the funds are
combined. They can both be used on roads, streets, parks and utility
infrastructure. REET 1 can also be used for administration and
general government buildings.
Councilmember Osborne asked why pet licensing is down over last
year at this time. Director Coleman explained there was a spike in
the first quarter of pet licensing in 2014 due to a change in the pet
licensing requirement.
Mayor Backus stated the funds for the animal licenses are a pass
through and go directly to the Auburn Valley Humane Society.
B. Workers Comp and Liability Assessment - 20 Minute
Presentation /10 Minute Q &A (Roscoe)
Director Roscoe provided Council with an update on the Workers
Compensation Program since the City has gone self insured.
Workers Compensation sets the amount the City pays for injuries.
Claims that were opened prior to 2014 stay with the State of
Washington Workers Compensation program. The City will continue
to pay fees to the state to monitor the City's self insured status.
A percentage of salaries go towards the City's Workers
Compensation fund. There are fixed costs to the third party
administrator and medical expenses are for the actual claims from
2014.
Director Roscoe explained the City's liability and property insurance
is with Washington Cities Insurance Authority, a risk sharing pool.
The goal of a risk sharing pool is to keep rates stable. The rates are
calculated on the last five years' loss. An individual jurisdiction has
their losses capped at $100,000.00.
III. OTHER DISCUSSION ITEMS
There was no other discussion.
IV. ADJOURNMENT
There being no further discussion, the meeting adjourned at 6:18 p.m.
APPROVED this day of
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JOHN HOLMAN, DEPUTY MAYOR Shawn Campbell, Deputy City Clerk
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Agenda Subject:
Minutes of the July 20, 2015 City Council Meeting
Department: Attachments:
Administration Minutes
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: August 3, 2015
Staff:
Date:
July 22, 2015
Budget Impact:
$0
Item Number: CA.B
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Au BuRN
WASHINGTON
CALL TO ORDER
A. Pledge of Allegiance
City Council Meeting
July 20, 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, Claude DaCorsi and Yolanda Trout.
Department Directors and staff members present included: Innovation and
Technology Customer Support Manager Reba Stowe, Community Development
and Public Works Director Kevin Snyder, Assistant Director of Engineering
Services /City Engineer Ingrid Gaub, Assistant City Engineer Jacob Sweeting,
Utilities Engineering Manager Lisa Tobin, Water Utility Engineer Susan Fenhaus,
Parks, Arts and Recreation Director Daryl Faber, Environmental Services
Manager Chris Andersen, Environmental Planner Jenna Wallace, Police
Commander Mark Caillier, Assistant City Attorney Neal Wachter, Director of
Administration Michael Hursh, Finance Director Shelley Coleman, Public Affairs
and Market Manager Dana Hinman, and City Clerk Danielle Daskam.
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
Mayor Backus recognized the Auburn Little League 11 -12 Majors Baseball All-
Stars as District 10 Champs. Team Manager Kai Nahaku, the 13 team members
and Coaches Jilbert and Parascondola, who will be participating in the state
championship later this week.
Team members introduced themselves: Evan Jilbert, Grant Harris, Jackson
Conner, Javon Forward, Giovani Parascondola, Ian Middelburg, Brett Harvey,
Wyatt Nelson, Brodie Beilke, Rhett Stein, Blake Deshler, Kamana Nahaku, and
Brayton Eilenberger.
Mayor Backus presented the team with a City of Auburn flag to display in their
dugout at the state tournament, and team members received the congratulations
and well wishes from Mayor Backus and City Councilmembers.
III. APPOINTMENTS
A. Parks & Recreation Board
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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.
Deputy Mayor Holman moved and Councilmember Osborne seconded to confirm
the appointment of Bob Kickmer to the Parks and Recreation Board.
MOTION CARRIED UNANIMOUSLY. 7 -0
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.
Deputy Mayor Holman moved and Councilmember Osborne seconded to confirm
the appointment of James Kelly to the Civil Service Commission.
MOTION CARRIED UNANIMOUSLY. 7 -0
IV. AGENDA MODIFICATIONS
There was no change to the agenda.
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing was 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.
Ronald P. Lemmen, 1006 12th Street SE, Auburn
Mr. Lemmen stated he lives near Les Gove Park where there is a significant tree
that appears to be in distress and needs maintenance. He suggested that the
tree be inspected and protected by a fence or barrier to prevent children from
playing and climbing on the tree.
Deanna Kilga, 711 East Main Street, Auburn
Ms. Kilga, Assistant Principal at Auburn High School, reported on activities at the
high school. She reported that Phase 2 of the Auburn High School building
project is nearly complete. Ms. Kilga also spoke about efforts relating to the
culture and climate in the high school and presented the Council with the Trojan
Way, a roadmap that focuses on values and beliefs to ensure
successful students.
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 Osborne reported on behalf of the Council ad hoc committee that
reviews claims and payroll vouchers. Councilmember Osborne reported the
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committee reviewed the claims and payroll vouchers as presented on this evening's
Consent Agenda and recommends their approval.
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
Mayor Backus requested a staff report on Project No. CP1412. Assistant City
Engineer Jacob Sweeting reported eight bids were received for the Auburn Teen
Center and Community Center. The low bid was approximately 19 percent
below the engineer's estimate. Stan Lokting, Principal Architect with ARC
Architects, reported on the low bidder, Pease Construction, from Lakewood. Mr.
Lokting stated Pease Construction is a family -owned business. All their
references reported Pease Construction is a thorough and conscientious
contractor. Mr. Lokting noted that today's Daily Journal of Commerce contains
an article regarding the new Bellevue Children's Theater, which
Pease Construction constructed. The article conveys the high degree of quality
and quality control by Pease Construction during construction. Other projects
constructed by Pease Construction include: Joint Base Lewis- McChord Youth
Center, the Fort Worden renovation, and the Puyallup Farmers Market pavilion.
Councilmember Wales expressed thanks for the opportunity to stay involved in
the design and status of the project. Councilmember DaCorsi congratulated staff
and ARC Architects on the project and the bid results. Councilmember DaCorsi
thanked Councilmember Wagner for his vision for the project.
Councilmember Wagner moved and Deputy Mayor Holman seconded to approve
the Consent Agenda.
Councilmember Wagner stated he has been working on the community center
project for over 30 years and the result is even better than he could have
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imagined. He commended ARC Architects on the design.
MOTION CARRIED UNANIMOUSLY. 7 -0
VIII. UNFINISHED BUSINESS
There was no unfinished business.
IX. NEW BUSINESS
There was no 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
MOTION TO PASS ORDINANCE NO. 6562 CARRIED UNANIMOUSLY. 7 -0
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
MOTION TO PASS ORDINANCE NO. 6566 CARRIED UNANIMOUSLY. 7 -0
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
Deputy Mayor Holman moved and Councilmember Wales seconded to adopt
Resolution No. 5154.
Councilmember Wagner stated he favors the project in theory; however, he is not
yet satisfied with the details of the project presented thus far. Councilmember
Wagner stated he reviewed the consultant's (HDR) report to better understand
their analysis of the advantages of the project; however, the consultant did not
discuss whether the proposed approach for asset management reduces capital
costs over time. Councilmember Wagner questioned whether staff has
conducted enough analysis on the time and expense for retrofitting meters for
the current system. He suggested a statistical sample of the kinds of issues that
could be encountered in the field in retrofitting the new meter system.
Councilmember Wagner moved to postpone Resolution No. 5154 for a month.
Councilmember Peloza seconded.
Councilmember Osborne expressed support for Councilmember Wagner's
position. Councilmember Osborne stated all of his questions have been
answered, but he will support postponement.
Councilmember Peloza stated he will support postponement.
Deputy Mayor Holman stated the Resolution and project were discussed at
length during the last study session and additional materials have been received
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since then. He expressed opposition to postponement.
Councilmember Trout spoke in favor of postponing the Resolution.
Councilmember DaCorsi spoke in favor of the project and suggested shortening
the time for postponement to two weeks.
Upon further discussion, Councilmember Wagner modified his motion to
postpone Resolution No. 5154 to August 3rd, provided the Resolution can be
discussed at the next study session on July 27th. Councilmember Peloza
concurred.
MOTION CARRIED. 6 -1 Deputy Mayor Holman voted no.
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
Councilmember Osborne moved and Deputy Mayor Holman seconded to adopt
Resolution No. 5157.
Resolution No. 5157 sets the date for a hearing on an amendment to the 2016-
2021 Transportation Improvement Program. The proposed amendment will
reflect the secured grant funding for TIP #69, 22nd & I Street NE intersection, as
well as change the name and description of the project.
MOTION CARRIED UNANIMOUSLY. 7 -0
C. Resolution No. 5160 (Snyder)
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
Deputy Mayor Holman moved and Councilmember DaCorsi seconded to adopt
Resolution No. 5160.
Resolution No. 5160 approves the purchase of approximately 41 acres near
Roegner Park. The property will be used for future flood control capital project
capacity.
MOTION CARRIED UNANIMOUSLY. 7 -0
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
Councilmember Osborne moved and Councilmember Trout seconded to adopt
Resolution No. 5161.
Resolution No. 5161 extends the effective date of Resolution No. 5113.
MOTION CARRIED UNANIMOUSLY. 7 -0
E. Resolution No. 5162 (Hursh)
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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
Deputy Mayor Holman moved and Councilmember Trout seconded to adopt
Resolution No. 5162.
Resolution No. 5162 approves disbursement of lodging tax revenues as
recommended by the Lodging Tax Advisory Board and Tourism Board.
In response to questions from Councilmember DaCorsi, Mayor Backus explained
applications for lodging tax revenues were reviewed by the Lodging Tax Advisory
Committee; however some members abstained from scoring and voting due to
conflicts of interest. Mayor Backus offered to provide the Council with a copy of
the scoring form.
In response to a question from Councilmember Osborne, Mayor Backus reported
the Committee did not award a significant amount to Hops & Crops as some
members were concerned with sponsoring an alcohol related event.
Councilmembers Wales and Peloza expressed disappointment that the Hops &
Crops event did not receive more funding from the Lodging Tax Advisory
Committee. Councilmember Wales also questioned the funding requested from
the Auburn Symphony for advertising.
Director Coleman advised the Council can decrease allocations, but the Council
cannot increase or add allocations to those recommended by the Lodging Tax
Advisory Committee.
Councilmembers Wales and Peloza expressed appreciation for the work of the
Lodging Tax Advisory Committee.
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
Councilmember Peloza reported on his attendance at the Auburn Airport
Advisory Board meeting and the King County Solid Waste Advisory Committee
meeting where discussion included the Roadmap to 70% Recycling.
Councilmember Wagner reported on his attendance at the Puget Sound
Regional Council Transportation Policy Board meeting, which included
discussion relating to the funding for Sound Transit 2 projects and the state
transportation funding package. Councilmember Wagner also reported on his
attendance at the Pierce County Regional Council meeting where
members received information on the Sound Transit 3 funding package.
Councilmember Wagner stated Auburn's deferred second parking garage is not
getting the attention it deserves.
Councilmember Wales reported on her attendance at the Seattle -King County
Public Health meeting where discussion centered on the proposed levy for Best
Starts for Kids. Councilmember Wales reported, that based on information she
received, the Auburn Public Health Center will be funded if the Bests Start for
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Kids levy passes. Councilmember Wales also announced Seattle -King County
Health will be sponsoring a free public health clinic at Key Center October 22 -25.
Councilmember DaCorsi reported on his attendance at the Association of
Washington Cities Legislative Priorities Committee meeting. The meeting was in
preparation for the AWC Board of Directors meeting in August. The
Committee discussed the recent legislative session and issues for the upcoming
legislative session. Councilmember DaCorsi noted there is a possibility that the
legislature could be called back for a fourth session if the Supreme Court finds
that the legislature has not complied with the Court's McCleary decision on the
state's funding for basic public education.
B. From the Mayor
Mayor Backus reported she attended the King County Council meeting today
with the intent to testify in favor of the proposed levy for Best Starts for Kids.
Several amendments to the levy language were proposed and the vote to place
the proposed levy on the ballot was postponed until Wednesday morning.
Mayor Backus stated passage of the proposed levy would fund the King County
Public Health Center in Auburn and provide benefits county -wide.
XIII. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
8:16 p.m.
APPROVED the 3rd day of August, 2015.
NANCY BACKUS, MAYOR Danielle Daskam, City Clerk
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Agenda Subject:
Claims Vouchers
AGENDA BILL APPROVAL FORM
Date:
July 28, 2015
Department: Attachments: Budget Impact:
Finance No Attachments Available $0
Administrative Recommendation:
City Council approve the claims vouchers.
Background Summary:
Claims voucher numbers 434746 through 434979 in the amount of $1,428,938.84 and
three wire transfers in the amount of $169,568.37 and dated August 3, 2015.
Reviewed by Council Committees:
Councilmember: Staff: Coleman
Meeting Date: August 3, 2015 Item Number: CA.0
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Agenda Subject:
Payroll Vouchers
AGENDA BILL APPROVAL FORM
Date:
July 28, 2015
Department: Attachments: Budget Impact:
Finance No Attachments Available $0
Administrative Recommendation:
City Council approve the payroll vouchers.
Background Summary:
Payroll voucher numbers 535745 through 535765 in the amount of $323,472.58 and
electronic deposit transmissions in the amount of $1,443,068.03 for a grand total of
$1,766,540.61 for the period covering July 16, 2015 to July 29, 2015.
Reviewed by Council Committees:
Councilmember: Staff: Coleman
Meeting Date: August 3, 2015 Item Number: CA.D
CA.D AUBURN * MORE THAN YOU IMAGINED Page 19 of 165
AuRN 'i`Y F tA
WASH I NUO
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Public Works Project No. CP1402 July 27, 2015
Department: Attachments: Budget Impact:
CD & P W Budget Status Sheet $0
Final Pay Estimate 5
Vidnity Map
Administrative Recommendation:
City Council approve Change Order No. 1 and Final Pay Estimate No. 5 in the amount
of $45,042.85 to Contract No. 15 -02 and accept construction of Project No. CP1402,
2014 Citywide Pavement Patching and Overlay Project.
Background Summary:
The work provided for the construction of Project CP1402, 2014 Citywide Pavement
Patching and Overlay Project. The major items of work included grind and overlay of
1.00 lane -miles of arterial and collector streets, pavement patching on 9.53 lane -miles
of arterial and collector streets; thick overlay of 0.37 lane -miles of arterial and collector
streets; and thin overlay of 1.04 lane -miles of local residential streets as part of the
Save Our Streets Program; and 30 ADA curb ramps in the project area.
Change Order No.1 is needed to remove and replace additional asphalt pavement on
Kersey Way SE. An evaluation was completed during the project design that indicated
40% of the Kersey Way SE roadway would need to be patched before the surface
could be overlaid. During construction, it was discovered that the pavement was in
worse condition than originally estimated and that almost the entire roadway would
require patching. The roadway was repaired with a thicker pavement section than was
originally specified that will better withstand the heavy truck traffic originating from the
ICON production pit. Per Mining Permit # MIN07 -0001, ICON Materials is responsible
for 80% of the costs for maintaining the pavement on Kersey Way SE due to the
number of heavy vehicles that access the site daily. After this project is closed out, the
City will issue a bill to ICON Materials to recover 80% of the cost of the pavement
preservation that was done on Kersey Way, which will include the cost of Change
Order No. 1.
Project contingency in the amounts of $895,597.00 from the Arterial Preservation
Fund (105) and $37,975.00 from the Local Street Preservation Fund (103) remain.
CA.E AUBURN * MORE THAN YOU IMAGINED Page 20 of 165
Reviewed by Council Committees:
Councilmember:
Meeting Date:
Staff: Snyder
August 3, 2015 Item Number: CA.E
CA.E AUBURN * MORE THAN YOU IMAGINED Page 21 of 165
BUDGET STATUS SHEET
Project No: CP1402 Project Title: 2014 Citywide Pavement Patching, and Overlay Project
Project Manager: Jai Carter
O Final Design
Initiation Date: January 6, 2014 O Budget Carry Forward Date: 7 -27 -15
Advertisement Date: Jan 15, 2015 O Permission to Advertise
Award Date: February 16, 2015 C) Contract Award
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
2015
Total
103 Fund - Local Street Preservation
0
17,822
270,000
270,000
105 Fund - Arterial /Collector Preservation
0
18,000
2,250,500
2,268,500
105 Fund - ICON Materials*
0
0
110,000
110,000
105 Fund - Marchini Meadows*
0
0
12,350
12,350
Total
0
18,000
2,642,850
1 2,660,850
*Funds to be contributed as traffic mitigation fee associated with Mining Permit, and a court decision with Marchini Meadows.
Shown below combined with 105 fund budget.
Estimated Cost (Funds Needed)
Activity
Prior Years
Actual 2014
2015
Total
Design Engineering - City Costs **
0
17,822
4,874
22,696
Construction Contract Bid
0
0
1,584,183
1,584,183
Line Item Changes
0
0
41,263
41,263
Change Order #1
0
0
45,043
45,043
Construction Engineering - City Costs **
34,093
34,093
Total
0
17,822
1,709,456
1,727,277
* *City staff costs for Local Street Preservation (103 fund) are not charged against the project budget, amount shown is
for City staff design and construction costs of the Arterial and Collector Streets (105 fund).
103 Local Street Budget Status
105 Arterial /Collector Budget Status
Prior Years
2014
2015
Total
** *103 Funds Budgeted O
0
0
(270,000)
(270,000)
103 Funds Needed
0
0
232,025
232,025
** *103 Fund Project Contingency(
0
0
1 (37,975)
(37,975)
103 Funds Required
0
0
1 0
1 0
105 Arterial /Collector Budget Status
* ** ( # ) in the Budget Status Sections indicates Money the City has available.
1 of 1
CA. E Page 22 of 165
Prior Years
2014
2015
Total
** *105 Funds Budgeted O
0
(18,000)
(2,372,850)
(2,390,850)
105 Funds Needed
0
17,822
1,473,431
1,495,253
** *105 Fund Project Contingency(
0
1 (178)
(899,419)
(895,597)
105 Funds Required
0
1 0
1 0
1 0
* ** ( # ) in the Budget Status Sections indicates Money the City has available.
1 of 1
CA. E Page 22 of 165
CITY OF AUBURN
CP1402
PAY ESTIMATE #5 & FINAL
CO. NO. 15 -02
2014 Citywide Pavement Patching & Overlay
SCHEDULE A: Street Improvements
ITEM
NO.
ITEM DESCRIPTION
ESTIMATE
QUANTITY
TOTAL
QUANTITY
PERIOD
QUANTITY
UNIT
TYPE
UNIT COST
TOTAL COST
PERIOD COST
PERCENT EST.
QTY.
1
Minor Changes
1
0.4886386
Eq.
15 000.00
$ 7,329.58
$ -
49%
2
Mobilization
1
1
LS
81 000.00
$ 81,000.00
$ -
100%
3
Traffic Control Supervisor
1
1
LS
20,500.00
$ 20,500.00
$
100%
4
Traffic Control Labor- Flaqqinq
3514
2447
250.25
HR
45.00
$ 110,115.00
$ 11,261.25
70%
5
Sequential Arrow Siqn
90
30
Dav
17.20
$ 516.00
$ -
33%
6
Portable Changeable Messaqe Sign
123
162
Dav
34.50
$ 5,589.00
$ -
132%
7
Outside Aqencv Uniformed Police Flaqqinq
1
0.212128
Eq.
5,000.00
$ 1,060.64
$ -
21%
8
Removal of Cement Concrete Flat Work
647
778.93
SY
37.50
$ 29,209.88
$ -
120%
9
Removal of Curb and Gutter
1106
1395.2
LF
15.50
$ 21,625.60
$ -
126%
10
Remove Extruded Asphalt Concrete Curb
1300
713
LF
1.35
$ 962.55
$ -
55%
11
Unsuitable Foundation Excavation
217
0
CY
39.00
$ -
$ -
0%
12
Crushed Surfacing Top Course
493
164.73
TON
35.50
$ 5,847.92
$ -
33%
13
Crushed Surfacinq Base Course
100
0
TON
63.50 $ -
$ -
0%
14
HMA for Overlav CI. 3/8 -inch PG 64 -22
877
1061.39
TON
91.50 $ 97,117.19
$ -
121%
15
HMA for Overlay CI. 1/2 -inch PG 64 -22
2675
3465.33
TON
76.50 $ 265,097.75
$ -
130%
16
HMA for Pavement Repair Cl. 1/2 -inch PG 64 -22
6125
6427.15
404.57
TON
83.50 $ 536,667.03
$ 33,781.60
105%
17
Commercial HMA
26
48.97
TON
203.00 $ 9,940.91
$ -
188%
18
Planing Bituminous Pavement
19750
20527.76
SY
3.50 $ 71,847.16
$
104%
19
Rubberized Asphalt for Crack Sealinq
1
1.3125
TON
9,500.00 $ 12,468.75
$
131%
20
Pavement Repair Excavation Includinq Haul
20985
20899.46
SY
7.65 $ 159,880.87
$
100%
21
Asphalt Cold Patch Mix
20
5.61
TON
123.95 $ 695.36
$ -
28%
22
Adiust Manhole with New Ring and Solid Cover
39
46
EA
870.00 $ 40,020.00
$ -
118%
23
Adiust Catch Basin
19
13
EA
520.00 $ 6,760.00
$ -
68%
24
Adiust Valve Box
56
51
EA
310.00 $ 15,810.00
$ -
91%
25
Inlet Protection
131
124
EA
46.50 $ 5,766.00
$ -
95%
26
Topsoil Type A
23
15
CY
225.00 $ 3,375.00
$ -
65%
27
Lawn Sod
205
117.33
SY
11.50 $ 1,349.30
$ -
57%
28
Bark Mulch
5
2
CY
200.00 $ 400.00
$ -
40%
29
Miscellaneous Roadside Restoration
1
0
E .
7,500.00 $ -
$ -
0%
30
Cement Concrete Traffic Curb and Gutter
1106
1298
LF
19.00 $ 24,662.00
$ -
117%
31
Extruded Cement Concrete Curb Tvpe 6
1300
713
LF
8.00 $ 5,704.00
$ -
55%
32
Residential Drivewav Apron
10
0
SY
53.50 $ -
$ -
0%
33
Industrial or Commercial Drivewav Apron
60
79.41
SY
60.20 $ 4,780.48
$
132%
34
Raised Pavement Marker Tvpe 2
277
783
EA
6.30 $ 4,932.90
$
283%
35
Monument Tvpe B (Modified)
9
26
EA
280.00 $ 7,280.00
$ -
289%
36
Adiust Surface Monument with Citv Provided
16
1
EA
280.00 $ 280.00
$ -
6%
37
Cement Concrete Sidewalk
159
246.41
SY
47.00 $ 11,581.27
$ -
155%
38
Cement Concrete Curb Ramp
418
443.57
SY
95.00 $ 42,139.15
$
106%
39
Induction Loop Vehicle Detector
17
26
EA
825.00 $ 21,450.00
$
153%
40
Paint Line
21870
28973
LF
0.40 $ 11,589.20
$
132%
CA. E
h: \proj \pe \CP1402 PE.xls
Period Dates
Begin: June 21, 2015
End: June 24, 2015
1 of 5
SCHEDULE $
Page 23 of 165
45,042.85
7/28/2015 at 9:34 AM
CITY OF AUBURN
CP1402
PAY ESTIMATE #5 & FINAL
CO. NO. 15 -02
2014 Citywide Pavement Patching & Overlay
SCHEDULE A: Street Improvements
ITEM
NO.
ITEM DESCRIPTION
ESTIMATE
QUANTITY
TOTAL
QUANTITY
PERIOD
QUANTITY
UNIT
TYPE
UNIT COST
TOTAL COST
PERIOD COST
PERCENT EST.
QTY.
41
Painted Wide Line
8490
7675
LF
0.40 $ 3,070.00
$ -
90%
42
Plastic Wide Line
116
0
LF
3.65 $ -
$ -
0%
43
Plastic Crosswalk Stripe and Stop Bar (24 inch
791
1192.5
LF
7.35 $ 8,764.88
$ -
151%
44
Painted Bicycle Lane Svmbol
18
18
EA
78.50 $ 1,413.00
$ -
100%
45
Plastic Traffic Arrow
5
7
EA
99.70 $ 697.90
$ -
140%
46
Plastic Traffic Letter
12
0
EA
68.20 $ -
$ -
0%
47
Removal of Painted Markinqs
3790
0
LF
0.65 $ -
$ -
0%
48
Temporary Pavement Markings
7865
8458
LF
0.05 $ 422.90
$ -
108%
CO -1
Add 250.25 Hrs Traffic Control - Flagging to B 1 #4
oil
HR
$ -
$
CO -1 -2
Add 404.57 TN to 13I #16
0
TN
83.50 $
$
SCHEDULE TOTAL $ 45,042.85
Period Dates
Begin: June 21, 2015
End: June 24, 2015
CA. E Page 24 of 165
h: \proj \pe \CP1402 PE.xls 2 of 5
7/28/2015 at 9:34 AM
CITY OFAUBURN CO. NO. 15-02
CP1402 2O14 Citywide Pavement Patching &Overlay
PAY ESTIMATE #5&FINAL SCHEDULE B: Street |mprovmentn'132nd Ave. SE
ITEM
NO.
ITEM DESCRIPTION
ESTIMATE
QUANTITY
TOTAL
QUANTITY
PERIOD
QUANTITY
UNIT
TYPE
UNIT COST
TOTAL COST
PERIOD COST
PERCENT EST.
QTY.
Traffic Control 5-up-qrvisaar
LS
450.00
$ 450.00
$
100%
Remove Raised Pavement
I
I
LS
86.00
$ 86:00--$
100%
54—
-Crushed Surfacing j_Qp__Q;LuLs
56
Planing_j3itqMinous Pavement
80
81.1
SY
20.50
$ 1,662.55
$
101%
Miscellaneous Roadside Restoration
1
0
250.00
$_
0%
rosswalk Stripe and Stop Bar (24 inch
10
01
LF
26.201
0%
SCHEDULE TOTAL $
Period Dates
Begin: June u1.2015
End: June 24.2O15
CA.E Page 25Of165
h:\mnoj\pnVCP14OoPs.xln 3of5
7/28/2015 at 9:34 AM
Y OF G°n t ra ct .
PROJECT Force"
#5 & FINAi. TWIS Period
PAY p,Slop, 1p3 °I°
in9 &Overlay Change g5,0A2•a5
02 patch ct Contract Total Payment
20' Noity�ide Pavement ai Contra orders 1 g'
659,71 13
14 pr4g4n
Amount
A,51 1,842,75 $ $ 659 13 $
E A: StreetIMPrOVem
ants 1 719.
SCH�pUI. �o Tax APPlicabie 45,042 85 $
etalnage 1,571642.15
Bona In Ij1eu °I R
�OU4'E• TOT At-
Sr Sao 2° $ $
132n6 Ave, SE 12, 10,134.37 $
vments - $
SGR�DU�� Street ImprO Gontract "
N° Tax P,PPii Q ol"a9e
Bond In Lieu 12,340.20 $
$
SOHEOU�E TOT AI-
1,669,$53.50
45,p42'a5
$ 1 669 g53.5O 45,O42.g5
TRACT AMOCO�TRACTOR
TOT TAcpp,YMENT TO ACTOR eriodDate$
TO YMDNT DOE CONTR ge9p ' dune 24, vA6
P A End:
4015
CiP` E 1402 PE •xts
h. \prod \pe \GP
W.
page 26 of A 65
102.5 °j°
712012015 at 9.34 PM
CITY OF AUBURN CO. NO. 15 -02
CP1402, 2014 Citywide Pavement Patching & Overlay
PAY ESTIMATE # 5 & FINAL
CONTRACTOR:
ICON Materials
1508 Valentine Avenue SE
Pacific, WA 98047
Phone: 206 - 575 -3200
The undersigned has reviewed and approved this final pay estimate. I agree that it is a true and correct statement
showing all monies due me from the City of Auburn under this contract; that I have carefully examined the final pay estimate
estimate and understand it and that I hereby release the City of Auburn from any and all claims of whatsoever
nature which I may have, arising out of this contract, which are not set forth in this estimate,
PAYMENT DUE TO CONTRACTOR =
Signatures:
Contractor
Inspector
Project Manager
City Engineer
$ 45,042.85
Date
Date --7 — 23 - /S'
Date -1 /;- 3 /I
Date
CAItroj \pe \CP1402 PEAS 5 of 5 Page 27 of 165 7/22/2015 at 3:00 PM
15TH ST NW /N
_ SR 18 RAMPS TO A ST NE g
Work:
PATCH
k
ADT = 30,950 VPD I
g Y 3 `EAST MAIN ST
JST TO RST
A, a Work:
PATCH
ADT = 5,550 VPD
-I�5
6g0 ,p0 9y0
SCALE: 1 INCH = 3,300 FEET
0 L. L7 5
``
3
IT 112TH AVE SE
132ND AVE S.E.
SE 304TH ST TO SE 281ST ST, �x
5 n EXCEPT 294TH ST TO 290TH ST
=
Work: .. 5
PATCH
THICK OVERLAY
ADT = 4,700 VPD l?
�
A
116 AVE SE
6
GRIND • OVERLAY
5
5
ADT = No Recent
k:
�.�S1C1IC�E
Record
T
ADT 19,450 VPD
15TH ST NW /N
_ SR 18 RAMPS TO A ST NE g
Work:
PATCH
k
ADT = 30,950 VPD I
g Y 3 `EAST MAIN ST
JST TO RST
A, a Work:
PATCH
ADT = 5,550 VPD
-I�5
6g0 ,p0 9y0
SCALE: 1 INCH = 3,300 FEET
0 L. L7 5
``
3
IT 112TH AVE SE
132ND AVE S.E.
SE 304TH ST TO SE 281ST ST, �x
5 n EXCEPT 294TH ST TO 290TH ST
=
Work: .. 5
PATCH
THICK OVERLAY
ADT = 4,700 VPD l?
�
116 AVE SE
_ 5 \l� SE312TH ST TO SE304TH ST
SRS �6 Work: GRIND &
OVERLAY
5
• QQ•Oa ADT = 2,500 VPD
�*
29TH ST SE
P ST SE TO RST SE
Work:
PATCH
PDT= 8,350 VPD
107TH
Work: GRIND &
OVERLAY
ADT = 4,600 VPD
u �Nx
5
Y
R ST SE
ORA \'ET2 RD TO BRIDGE
Work,
PATCH & OVERLAY
ADT = 11,950 VPD
r
e
54TH ST SE
& 57TH ST SE
MILL POND DR TO LAKELA
HILLS WAY
Work:
THIN OVERLAY
SOS STREETS i0?
r
MARCHINI
MEADOWS
132ND AVE S.E.
Work:
THICK OVERLAY
CP1402 - 2014 CITYWIDE PAVEMENT
PATCHING AND OVERLAY PROJECT
PATCH
OVERLAY
CA. E
LEGEND
ADT AVERAGE DAILY TRAFFIC
VPD VEHICLES PER DAY
Page 28 of 165
ebruary 10, 2015 LOCATION: H: \PROI \CP1402 -2014 Citywide Pavement Patching and Overlay \4.00 City Council- Commlttee \Project Award \Map Data \2014 P \VC Map.dwg
C -M OF
AUBURN
WASH E NG1'( -)N
Agenda Subject:
SCORE Jail Statistics
AGENDA BILL APPROVAL FORM
Department: Attachments:
Administration SCORE Jail Statistics -June
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: August 3, 2015
Date:
July 28, 2015
Budget Impact:
$0
Staff: Mayor Backus
Item Number: NB.A
NB.A AUBURN * MORE THAN YOU IMAGINED Page 29 of 165
JUNE 2015 JAIL STATISTICS
SCORE Member City Billable Average Daily Population 1 ,
aoo SORE
Page 1
3SO 1 331 339
A Auburn ®Renton ® Federal Way ■ Tukwila ■ Burien ■ SeaTac ■ Des Moines
NB.A Page 30 of 165
Total ADP by Month and Year���
725
SC6RE --
NB.A Page 31 of 165
NB.A Page 32 of 165
Auburn Billable Average Daily Population
,Aj
2013 -2015
SCORE
Page 3
130
i
2013 Budget ADP: 122
120
110
100
2014 Budget ADP: 97
90
83
T21015 Budget ADP: 79
70
.... . ..
......... .............. V.... ... . ... ... ........
60
Median: 67
50
40
J F M A M J Ju A S OJ N a
J F M A M J Ju A 5 0 N 0 J F
M A M J Ju A I S O N d
2013
2014
2015
NB.A Page 32 of 165
Total Bookings for Member and Contract Agencies
June 2014 - June 2015
�Uomhar �rr%ntrnrt —& rTniaf
J Ju A
70
60 6C
60
50 45
40 34
30
Average Average Average J
2012 1 2013 2014
5 0 N 0 J F M
Daily Average Bookings
61 60 60 60
57
F M A I M J Ju A 5
2015
A M
NB.A Page 33 of 165
N D
SCORE
Page 10
1500
000
203!
1906
L500
869 961
1000
500
0
Total Bookings for Member and Contract Agencies
June 2014 - June 2015
�Uomhar �rr%ntrnrt —& rTniaf
J Ju A
70
60 6C
60
50 45
40 34
30
Average Average Average J
2012 1 2013 2014
5 0 N 0 J F M
Daily Average Bookings
61 60 60 60
57
F M A I M J Ju A 5
2015
A M
NB.A Page 33 of 165
N D
Member Bookings by Agency
July 2014 to June 2015 3 C 0 R E
Page 11
350
300
250
244
239
200
_ 183
150
131
100
8
_ .. —60
50 - 53
a
AS1NDJF A J AS NDJF A J AS Np1F A J11 I AS NDJF Q J AS NpJF A J ASONDJF A l RSONDJF A J
Auburn Federal Way Renton Tukwila Burien SeaTac Des Moines
NB.A Page 34 of 165
NB.A Page 35 of 165
Member Agency Bookings by Type
SCARE
June 2015
Page 12
100%
98%
q
- 100%
900
- 90%
800
y�
` 80%
700
- 7096
600
60%
500
I
44%
- 50%
400
- 40%
300
- 30%
200
- 20%
100
= ZD°/n
19
D
�
096
WARRANTS
NEW ARREST CUSTODY TRANSFER FELONY RUSH TO COUNTY
FELONY INVESTIGATION
NB.A Page 35 of 165
JIJ� AL SCORE Unbillable Bookings
a��
SCORE June 2014 to June 2015
Page 14
140
128
11$ 120
120
112
100
100
80
Custody Transfer and
Felony Rush
9.1% of Total Bookings
for June 2015
119
114 115
'lil4 __ - - - - -- - -- 112
96 95 107
90
56 65 65
64
60 56 57
— — — — — — — — — — — - -- -- •_ — »� - - - -- -------- - - - -57
4 58
42 41 43 51
W, to]
20
0
Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
--4-- Custodv Transfer --0— Felonv Ruch to fnnntw n/Ecrlinn
NB.A Page 36 of 165
320
280
240
200
a
D
d
160
120
80
40
0
M
Contract Inmates ADP - June 2015
SCORE
Page 17
4 AAn/
100%
40%
80%
70%
60%
50%
40%
30%
20%
10%
neomono Lynnwood Kirkland Covington Sumner Other (16) 0%
Page 37 of 165
C -M OF
AUBURN
WASH E NG1'( -)N
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Ordinance No. 6564, First Reading July 22, 2015
Department: Attachments: Budget Impact:
CD & PW Ordinance No. 6564 $0
ExhibitsA & B
Staff Repor
Vicinity Map
Administrative Recommendation:
City Council suspend the rules and adopt Ordinance No. 6564 on first reading.
Background Summary:
Hastings 10, LLC has applied to the City for vacation of the right -of -way of the south
side of South 318th Street, east of 56th Avenue South, shown on Exhibit "B ". The
applicant currently owns the adjacent parcel to the south and is proposing to
incorporate the right -of -way in the development of the adjacent property.
The application has been reviewed by City staff and utility purveyors who have an
interest in this right -of -way. 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. 6564, if adopted by City Council, approves Vacation No. V4 -14 and
vacates the right -of -way subject to conditions outlined in the Ordinance. Due to the
anticipated cancellation of the next regular City Council meeting, staff requests that
City Council waive the second reading of Ordinance No. 6564 and take action upon
the first reading.
Reviewed by Council Committees:
Councilmember: Staff: Snyder
Meeting Date: August 3, 2015 Item Number: ORD.A
ORD.A AUBURN * MORE THAN YOU IMAGINED Page 38 of 165
ORD.A AUBURN * MORE THAN YOU IMAGINED Page 39 of 165
ORDINANCE NO. 6564
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, VACATING RIGHT -OF -WAY OF
THE SOUTH SIDE OF SOUTH 318TH STREET, EAST OF
56TH AVENUE SOUTH, WITHIN THE CITY OF AUBURN,
WASHINGTON
WHEREAS, the City of Auburn, Washington (the "City "), has received a petition by
not less than two- thirds (213) of the owners of real property adjacent to the City's right -of-
way located at the south side of South 318" Street, directly east of 56th Avenue South,
within the City, requesting vacation of the same; and
WHEREAS, the City Council of the City of Auburn, Washington ( "City Council "),
has, after a review of its needs for streets and right -of -ways in the vicinity of the south side
of South 318th Street, east of 56th Avenue South within the City, determined that
consideration should be given to the vacation of the same; and
WHEREAS, a public hearing was held in connection with the possible vacation,
with notice having been provided pursuant to statute; and
WHEREAS, the City Council has considered all matters presented at the public
hearing on the proposed vacation, held on the 3rd day of August, 2015, at the Auburn City
Council Chambers in Auburn, Washington.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN as a non - codified ordinance as follows:
Section 1. Vacation. That the right of way located at the south side of South
318th Street, directly east of 56th Avenue South, located within the City of Auburn, County of
Ordinance No. 6564
ROW Vacation V4-14
June 9, 2015
Page 1 of 6
ORD.A Page 40 of 165
King, Washington, legally described as follows:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 21
NORTH, RANGE 4 EAST, W.M., KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF TRACT
11 OF WEST AUBURN FIVE ACRE TRACTS, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF
PLATS, PAGE 12, IN KING COUNTY, WASHINGTON;
THENCE NORTH 88 058'52" EAST, ALONG THE NORTH
LINE OF SAID TRACT, A DISTANCE OF 39.41 FEET;
THENCE SOUTH 01001"08" EAST, 30.00 FEET TO THE
POINT OF BEGINNING, BEING A POINT ON A CURVE
CONCAVE SOUTHEASTERLY, FROM WHICH THE RADIUS
POINT BEARS SOUTH 42 °25'43" EAST A DISTANCE OF
20.00 FEET; THENCE. ALONG SAID CURVE
NORTHEASTERLY 14.45 FEET THROUGH A CENTRAL
ANGLE OF 41024'-35" TO A. POINT 25 FEET SOUTH OF
AFORESAID NORTH LINE AS MEASURED
PERPENDICULARLY; THENCE NORTH 88 058'52" EAST,
PARALLEL WITH SAID NORTH LINE, A DISTANCE OF
341.73 FEET, MORE OR LESS TO THE WEST LINE OF
THE EASTERLY 260 FEET OF AFORESAID TRACT 11;
THENCE SOUTH 00 002'35" EAST, ALONG SAID WEST
LINE, A DISTANCE OF 5.00 FEET TO A POINT 30.00 FEET
SOUTH OF AFORESAID NORTH LINE AS MEASURED
PERPENDICULARLY AND BEING A POINT ON THE
SOUTH LINE OF THAT PORTION OF AFORESAID TRACT
11 CONVEYED TO KING COUNTY FOR ROAD PURPOSES
BY DEED RECORDED UNDER KING COUNTY
RECORDING NUMBER 3376319; THE_ NCE DEPARTING
SAID WEST LINE, SOUTH 88 °58'52" WEST, PARALLEL
WITH AFORESAID NORTH LINE, A DISTANCE OF 354.86
FEET TO THE POINT OF BEGINNING.
[Also identified as Exhibit A hereto]
and as shown on the survey, a copy of which is attached hereto, marked Exhibit "B" and
Ordinance No. 6564
ROW Vacation V4 -14
June 9, 2015
Page 2 of 6
ORD.A Page 41 of 165
incorporated herein by this reference, the same is hereby vacated and the real property
lying in said portion of right -of -way described hereinabove, shall be returned and belong to
those persons entitled to receive the property in accordance with RCW 35.79.040,
conditioned upon the following;
A. Reservation in favor of the City a perpetual nonexclusive easement under,
over, through and across the vacated right -of -way as described above (the "Easement ")
fo.r the purpose of laying, maintaining, and installing future and existing storm water
drainage facilities.
The City shall have the absolute right, at times as may be necessary for
immediate entry upon the Easement for the purpose of maintenance, inspection,
construction, repair or reconstruction of the above improvements without incurring any
legal obligation or liability therefore.
The City shall have the absolute right to place any type of driving surface within
the Easement, as deemed necessary by the City.
The owners of the adjacent property agree and shall not in any way block, restrict
or impede access and egress to or from the Easement, and /or in any way block, restrict
or impede full use of the real property within the Easement by the City 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
the Easement -, without the express written consent of the City. No excavation shall be
made within three feet of said facilities and the surface level of the ground within the
Ordinance No. 6564
ROW Vacation V4 -14
June 9, 2015
Page 3 of 6
ORD.A Page 42 of 165
Easement shall be maintained at the elevation as currently existing.
The Easement shall be a covenant running with the adjacent property parcels
and burden said real estate, and shall be binding on the successors, heirs and assigns
of all parties hereto.
B. It is provided, however, that the Easement may be modified to
accommodate a removal, relocation and siting of the affected utility facilities if the City
and the property owners on whose property the utility facilities are located agree to the
removal, relocations and siting being paid by said property owners and with the
removal, relocation and siting being done in conformity with applicable standards.
C. Payment to the City of Auburn, shall be made by the owner or owners of
property adjacent thereto, i.e. fhe applicants for the vacation, in the total amount of Four
Thousand Seven Hundred ($4,700.00) dollars for the full appraised value of the right -of-
way, which has been right -of -way for more than twenty =five (25) years.
D. This vacation shall be effective upon completion of said provisions in
paragraphs A, B and C within one - hundred and eighty (180) days of the date hereof,
and that this Ordinance shall be in full force and effect five (5) days after publication is
required by law. If the above described provisions are not completed within the time
period provided above, this Ordinance shall be null and void.
Section Z. Constitutionality or Irivalidity. If any portion of this Ordinance or
its application to any person or circumstances is held invalid, the remainder of the
Ordinance No. 6564
ROW Vacation V4-14
June 9, 2015
Page 4 of 6
ORD.A Page 43 of 165
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.
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 S. 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 AS TO FORM:
Daniel B. Heid,
City Attorney
PUBLISHED:
Ordinance No. 6564
ROW Vacation V4 -14
June 9, 2015
Page 5of6
ORD.A Page 44 of 165
EXHIBIT `A'
RIGHT OF WAY VACATION
DESCRIPTION
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 11, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF TRACT 11 OF WEST AUBURN FIVE
ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF
PLATS, PAGE 12, IN KING COUNTY, WASHINGTON; THENCE NORTH 88 °58'52" EAST,
ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 39.41 FEET; THENCE
SOUTH 01 001'08" EAST, 30.00 FEET TO THE POINT OF BEGINNING, BEING A POINT ON
A CURVE CONCAVE SOUTHEASTERLY, FROM WHICH THE RADIUS POINT BEARS
SOUTH 42 025'43" EAST A DISTANCE OF 20.00 FEET; THENCE ALONG SAID CURVE
NORTHEASTERLY 14.45 FEET THROUGH A CENTRAL ANGLE OF 41 024'35" TO A POINT
25.00 FEET SOUTH OF AFORESAID NORTH LINE AS MEASURED PERPENDICULARLY;
THENCE NORTH 88 058'52" EAST, PARALLEL WITH SAID NORTH LINE, A DISTANCE OF
341.73 FEET, MORE OR LESS TO THE WEST LINE OF THE EASTERLY 260 FEET OF
AFORESAID TRACT 11; THENCE SOUTH 00 °02'35" EAST, ALONG SAID WEST LINE, A
DISTANCE OF 5.00 FEET TO A POINT 30.00 FEET SOUTH OF AFORESAID NORTH LINE
AS MEASURED PERPENDICULARLY AND BEING A POINT ON THE SOUTH LINE OF THAT
PORTION OF AFORESAID TRACT 11 CONVEYED TO KING COUNTY FOR ROAD
PURPOSES BY DEED RECORDED UNDER KING COUNTY RECORDING
NUMBER 3376319; THENCE DEPARTING SAID WEST LINE, SOUTH 88 °58'52" WEST,
PARALLEL WITH AFORESAID NORTH LINE, A DISTANCE OF 354.8E FEET TO THE POINT
OF BEGINNING.
KENNETH W. SWINDAMAN, P.L.S.
WASHINGTON STATE REGISTRATION NO. 34130
2601 South 35t" Street, Suite 240, Tacoma, Washington 98409 253) 473 -4494 Fax: (253) 473 -0599 [R ING7
ORD.A Page 45 of 165
EXHIBIT 'B'
RIGHT OF WAY VACATION
A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST OUARTER OF SECTION H,,
TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M, Cr Y OF AUBURN, KING COUNTY, WASHINGTON
i NW CORNER OF TRACT 11,
WEST MIURN FIVE ACRE TRACTS
L L
z 501 !01'Q$ 'E 30.00'
5852 °E SOUTH 318TH STREET
N$8'
Cl} 39.41' NORTH LINE OF TRACT 11
R= 20.00' L= 14.45'
j ' 6= 412435' 341.73'
Z w
,s# 1 354.86'
5' RIGHT OF WAY TRACT 11
NEW RIGHT OF WAY
EXISTING RIGHT OF WAY
F- i I I VACATION CRE TRACE
P.O.B. FV A
30' SST At3� vR'� 5, p • 12
RIGHT OF WAY VACATION
APEX JOB NO: 32426 DATE: 08/04/2014
a
�
DRAWN BY: 5JN CHECKER BY: KWS
DWG: 32426_ROW— VACATION SCALE: 1 " =50'
WEST
0
ORD.A Page 46 of 165
N / r�
fl
OF EAST 260'
RACT 11
c , x,\
Engineering
2601 South 35th, Suite 200
Tocomo, Woshlington 98409 -7479
(253) 473 -4494 FAX. (253) 473 -0599
*APEX ENGINEERING PLLC 2014
CITY OF
AijBURN
WASHINGTON
RIGHT -OF -WAY VACATION
STAFF REPORT
Right -of -Way (ROW) Vacation Number V4 -14
Applicant: Hastings 10, LLC
Property Location: Right -of -Way located at the south side of South 318th Street, east of 56th Avenue
South.
Description of right -of -way:
This ROW proposed for vacation consists of the south five feet and the east 354.86 feet of South 318th Street,
east of 56th Avenue South. The proposed ROW is adjacent to Parcel 926280 -0055 on the south side and City
right -of -way on the west, north and east sides. The adjacent parcel is owned by the applicant. The proposed
area of ROW for vacation is approximately 1,774( + / -) square feet.
The ROW was Quit Claim deeded to King County for street purposes on March 28, 1944. The ROW was
annexed into the City of Auburn on January 1, 2008.
See Exhibits "A" and "B" for legal description and survey.
Proposal:
The Applicant proposes that the City vacate the above described right -of -way so that they can include the area in
development of the adjoining parcel.
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.
Discussion:
The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, Lakehaven Utility
District and City staff.
1. PSE — Comments and clarification of the location of existing facilities in S 318th Street were requested
from PSE several times but they have failed to respond with additional information. It appears that PSE's
existing facilities are well outside the proposed vacation area and there should be no reason that they can
not maintain their facilities from the street without the need for easements. Due to the location of the
facilities and PSE's failure to respond with additional information it has been determined that easements
over the proposed vacation area are not needed and will not be reserved for PSE facilities.
2. Comcast — Comcast has facilities attached to the PSE poles near the proposed area of vacation but as
long as the poles are not impacted by the vacation they do not require an easement.
3. CenturyLink — Centuryl-ink's existing facilities are located on the north side of S 318th Street and do not
require an easement in the proposed vacation area.
4. Lakehaven Utility District — Lakehaven has an existing 6" water main in this segment of S 318th Street that
is approximately 7 +/- feet north of the ROW centerline. No easement is required in the vacation area as
1 of 2
7/22/2015
�V4 -14 Staff Report
Page 47 of 165
there is more than sufficient room to stay on the north side of the ROW centerline should work need to be
done on the 6" line in S 318th Street.
5. Water— No comments on Auburn Water. This area is served by Lakehaven Utility District.
6. Sewer — Sewer does not need an easement reserved on the proposed vacation area.
7. Storm — Please retain a public drainage easement over the vacation area due to the presence of roadside
ditches.
8. Transportation — No comments.
9. Planning — No comments.
10. Fire — No comments
11. Police — No comments.
12. Streets — No comments.
13. Construction —No comments.
14. 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 $2,000.00, 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."
RCW 35.79.030 states the vacation "shall not become effective until the owners of property abutting upon the
street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not
exceed one -half the appraised value of the area so vacated. If the street or alley has been part of a dedicated
public right -of -way for twenty -five years or more, or if the subject property or portions thereof were acquired at
public expense, the city or town may require the owners of the property abutting the street or alley to compensate
the city or town in an amount that does not exceed the full appraised value of the area vacated."
The value of the right -of -way was determined to be greater than $2,000.00 and an appraisal, by an MAI appraiser,
of the subject right -of -way was required to be submitted by the applicant. The appraisal was reviewed and found
to be acceptable by the City Engineer. The appraisal values the right -of -way in an "as is" condition at $4,700.00.
The right -of -way has been right -of -way for more than 25 years and was acquired through Quit Claim deeded to
King County on March 28, 1944 and annexed into the City of Auburn on January 1, 2008.
Recommendation:
Staff recommends that the street vacation be granted subject to the following conditions:
1. A public utility /drainage easement shall be reserved for City of Auburn stormwater facilities along the
entire length and width of the vacated ROW.
2. That compensation for the value of the right -of -way be required in the full amount of the appraised value
of $4,700.00 since the right -of -way has been right -of -way for more than 25 years.
2 of 2
7/22/2015
V4 -14 Staff Report
ORD.A Page 48 of 165
Right -of -Way Vacation #V4 -14 Vicinity Map
Printed Date:6/11/2015 N
Map Created by City of Auburn eGIS
Information shown is for general reference
purposes only and does not necessarily W E
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
S
AuRN 'i`Y F tA
WASH I NGIU
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Resolution No. 5154 July 27, 2015
Department: Attachments: Budget Impact:
CD & PW Resolution No. 5154 $0
Exhibit A -Contract 15 -11
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 Automated Metering Infrastructure (AMI).
The Meter and Billing System Improvement Project was included in the 2012 budget
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 50 of 165
• 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 13th Council Study Session and at the July 20th City Council meeting,
there were requests for additional information to be provided prior to the Council's
consideration of the agreement. Staff prepared the requested information, provided it
for the Council's review, and discussed it at the July 27th Council Study Session.
Reviewed by Council Committees:
Councilmember: Staff: Snyder
Meeting Date: August 3, 2015 Item Number: RES.A
RES.A AUBURN * MORE THAN YOU IMAGINED Page 51 of 165
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 52 of 165
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 53 of 165
Automated Meter Infrastructure System Equipment and Services Contract
Between City of Auburn and Ferguson
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 54 of 165
City of Auburn
Nancy Backus, Mayor
Date Signed;
ATTEST;
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM
Daniel B. Heid, City Attorney
Automated Meter Infrastructure System Equipment and Services Contract
Between; City of Auburn and Ferguson
Ferguson Enterprises, Inc.
NAME, TITLE
Date Signed;
2
RES.A Page 55 of 165
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 56 of 165
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 AM
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.
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.
Change Documentation: A written document agreed upon by the Supplier and the City, which if it creates a
4
RES.A Page 57 of 165
Automated Meter Infrastructure System Equipment 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.
Pay: 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 Majeure: 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 58 of 165
Automated Meter Infrastructure System Equipment and Services Contract
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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.
Project 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 RN I.
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
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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."
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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.
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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.
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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;
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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 1.4, 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.
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: sfenhaus6a auburnwa.mv Email (a,ferauson,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 21A) 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 corrector 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
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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
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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.
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.
I. 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.
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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.
L, 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,
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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 AM units and /or AM components at the prices set
forth in Attachment B to this Contract.
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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.
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ATTACHMENT "A"
Project CP1317, Water Meter & Billing System Improvements, Contract No. 15.11
SCOPE OF SERVICES
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Scope of Services
1.0 Summary
1. i Tnis Scope of Services describes activities, roles and responsibilities of Ferguson Waterworks ( "FW W" or
"Ferguson "), associated with the Advanced Metering Infrastructure (AMI) system within the defined service
territory and City boundaries, excluding those areas serviced by other water purveyors, for City of Auburn
customers.
1.2 Ferguson Waterworks will perform water meter, register and/or radio change outs on every end paint
(approximately 15,000) from 518" to 12" meters for City of Auburn project.
1.3 F,NW 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 (Springbrock).
2.0 General Responsibilities.
2.1 Ferguson Waterworks:
2A A 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).
2.1.2 Attend regu;arly scheduled meetings during implementation.
2.2 City of Auburn:
2.2. 11 Provide a key point of contact to work with Ferguson.
2.2.2 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.
223 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 ne 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 lat/long if avai(able) 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.
2.2.4 Be responsible for monthly fees )associated with the network access for all sites
where network access is needed.
2.2.5 Provide communications link between the RNI and the FlexNet Base Station. one of
the following shniil:1 he used to access these components: (i) Cisco VPN; (ii) 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 Sensus RNI,
2.2.8 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 tie payment of any taxes, renewal, regulatory or license fees
associated with the network collector hardware sites.
2.2.8 Be responsible for applying for and purchasing any needed work permits.
2.2.9 Purchase registers required for retrofit of existing Badger meters 3" or large`
(approximately 60 meters).
2.2.10 Pre -drill meter box lids with the correct size hole fcr the 520M SmartPoint Transmitter.
3.0 Software as a Service- See Attachment C, of the Contract (Sensus AMI Base Terms) for details
RES.A Page 83 of 165
A.ip Assumptions for Deployment
4.1 Mater Meter Assumptions
4_,1_1 Most meters are located outdoors in pits. Meters not located outdoors in pits will require scheduled
appointments.
4.1,2 FWW is not responsible for meter box adjustments or replacements
4.1.3 FWW is not responsible for pipe modifications or repairs of any kind
4AA For meter box pits with excessive dirt or water, a problem ticket will be created. Installer 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.
4.1.5 All 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
programming: one per water meter installer and two spares
4.13 Meter box lids will be pre - drilled with the correct size hole for the 520M SmartPoint Transmitter
4.1.8 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.
4.2 General Assumptions and Notes
4.2A FWW to provide warehouse space.
4.1.2 Pricing assumes meters will be available in warehouse at least 1 month prior to installation.
4.2.3 Project duration is 3 calendar years. Start Time will be determined by signed contract date.
4.2.4 The City will provide customer communications regarding the project.
4.2.5 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 pro vide the least disruption to citizens.
4.2.6 Standby Rate: applies when FWW staff has to stay at meter site due to hazardous condition or
awaiting the City staff.
4,2.7 Clean -up Rate: Applies to new installations not able to be completed during the normally
scheduled route duration.
4.2.8 FWW will provide permits for confined space entry and all equipment, material and labor required
for confined space entry.
4.2.9 City's meter location address data is 95% accurate.
4.2.14 Standardized leased vehicles are not required; installers can use their own vehicles. The vehicles
will have the FWW company logo on them.
4.2.11 FWW will locate the meter box. If the meter is on private 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 will 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.
4.2.12 Installation rates comply with prevailing wage rates for Washington State Department of Labor &
Industries (King County and Pierce County).
4.3 Equipment
4.3.1 Meters and radios: iPerl, OMNI R2, DMNI C2, OMNI T2, and Sensus 520M MXU single port and
dual port.
4,3.2 Programming Equipment: Trimble Nomad 900 har-dheld and Command Link.
43.3 Base Stations: 5ensus M400 two -way collector.
4.3.4 Antenna and cable.
RES.A Page 84 of 165
4.3.5 RNI for hardware equipment.
5.0 Installation Procedures
5.f Retrofit -Only Work Instructions
5A_1 If contact is made with the customer, inform them that you will be performing work 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.
5.1,3 For large Badger meters, replace register, install and activate radio.
5.1.4 For 5ensus iPerl meters, install and activate radio.
5.1.5 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.
5.1.5 Under no circumstance will a meter pit or vault be left uncovered and unsupervised by FWW.
5.1.7 All Site Photos shall be taken prior to leaving the meter location.
5.2 Full Meter Exchange Work Instructions
5.2.1 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 take 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 a
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.
5.2.4 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.
5.2.5 If it is not possible to exchange the meter for some reason, raise a problem ticket and move to the
next location.
5.2.5 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.
5,2.7 Prior to restoring water service, open the hose bib closest to the area where you think the service
enters the foundation of the home.
5,2.5 Turn on the water at the meter, return to the hose bib, and flush 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.
5.2.10 Under no circumstance will a meter pit or vault be left uncovered and unsupervised by FWW.
5.2. 111 All Site Photos shall be taken prior to leaving the meter location.
5.3 Deliverables
The fallowing deliverables are to be provided to the City of Auburn:
5.3 1
Legacy Meter Out Read
5.3.2
Legacy Meter Number
5.3.3
New Meter In Read
53.4 New Meter Serial Number
5.3.5 Radio I❑
5.3.6 MXU Type "C" Fixed
RES.A Page 85 of 165
5.3.7 installation date and time
5.3.8 installer -field worker identification number
5.3.9 Installation problem tickets using the problem escalation codes specified in Section 5A.
5.3.10 Photos: All Photos can be viewed and uploaded for the Ferguson work force software. GPS
information will be collected thru the Sensus Flex Net System and sent. to Cily of Auburn CIS
system.
5.3.14.1 Pre - installation Site Photo (extending at least one foot outside meter box footprint)
5.3.14.2 Legacy Register Face Photo (Showing Last Read)
5.3.10.3 New Register Face Photo (Showing New Read)
5.3.10.4 Past - installation Site Photo {extending at least one foot outside meter box Footprint}
5.4 If Linable 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
Locked Gate /Fence
Y
PATH 2: Call Center
Cannot 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: Cali 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 Issues
Meter Size Mismatch
Y
PATH 1: City Escalation
Meter Issues
Flooded Meter Box
Y
PATH 1: City Escalation
Meter Issues
Dirt in Pit
Y
PATH 1: City Escalation
Meter Issues
Meter Box Damaged
Y
PATH 1: City Escalation
Other- Blocker
Description (Note)
If required
PATH 1: 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
Tam erin
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 manufacturer's installation specifications. All installers shall be trained by a Sensus
Certified Trainer. Services will be completed utilizing FWW trained Installers and FWW supervisors.
Additionally, FVVW will provide a project manager who will be experienced in the installation of AMI meters.
RES.A Page 86 of 165
6.2.1 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 3.8.
6.3 FWW will utilize the Work Order Management System ("WOMS ") to track, collect, and report critical protect
irformation regarding field forces and field assets, FWW will provide ten (10) Licenses to City of Auburn. This
n amber does not include licenses used in the field by FWW personnel. Additional licenses maybe purchased
separately.
6 -4 Vehicles. FWW shall be responsible for all vehicles it uses on the project. FWW shall provide service vehicles
on site stocked with common fittings and supplies needed for normal service restoration and/or replacement.
FWW' 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 project manager for recycling by the City.
6.6 FWW appearance and identification, FWW will wear uniform identifying their company name, picture ID and
supervisor contact information.
6.7 Customer Issues. FWW must notify City of Auburn Project Manager, at time of incident, regarding any
customer complaints received during the project.
6.8 Wafer Meters. FWW shall provide all water meters required for installation one month in advance so as not to
impede installation activities.
6.9 AMI Radios. FWW shall provide all AM radios required for installation one month in advance so as not to
impede installation activities.
610 Programming Equipment. FWW shall provide all programming equipment and software required for installation
prior to project deployment so as not to impede installation activities.
8.11 Materials_ FWW will provide all seals, gaskets, mounting brackets, nuts and bolts, and any other
miscellaneous materials that are needed.
6.12Warehouse Storage. FWW shall provide warehouse space and necessary equipment, i.e. palletjack, fork lift,
etc. for storage of new and legacy meters, cross -dock facilities.
6.13F',NW 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.
7,4 City of Auburn Responsibilities
7.1 poor Hangers. City of Auburn will provide to FWW 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.
7.3 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.S 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% accurate. For 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. Clty of Auburn shall replace or retrofit all meter box lids and any
other lids needed to obtain the performance requirements specified herein.
T6 1 City of Auburn will drill 1 -718 Inch AM radio holes in all lids prior to FWW performing scheduled
work. In the event that a hole is not drilled to the sufficient size, FWW will document and bill City of
Auburn on a time and materials basis, using the Stand -By Rate for the work of re- sizing the hole.
77 City Project Manager, City of Auburn will designate an employee or agent who will manage 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.
RES.A Page 87 of 165
8.0 Systems Acceptance Testing Period.
81 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 93.5% success in
a 4 day billing window. See Section 14.6 for Acceptance Criteria
9.0 Additional Project Related Information
9.1 Installation sequence
9.1.1 City of Auburn and FWW shall establish an overall schedule for installation of the entire project.
70.0 Work Hours
10.1 All meter change out work will be done between 7:40am to 5:00pm 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
Cary 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 Years Day, Martin Luther King
Day, P'resident's Day, Memorial Day, and Independence Day (a total of 10 days).
11.0 Scheduling.
11.1 if FWW personnel is unable to perform an installation, the installer shall leave a City of Aubum- 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 installation.
11.3 It FWW is unable to locate an Customer's premises, they shall escalate a problem ticket to the City of Aubum
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 appointment time. FWW shall be paid for tre additional visit
at the applicable meter exchange price. There will be a maximum of one charge per meter location.
11 s After three failed (3) attempts as described above (defined as one in person and two via phone calls), FWW
will identify this Customer as returned to City .
12.0 Acceptance of completes! work
12.1 Acceptance of completed work. All work will be considered acceptable based on meeting all of the criteria
listed below.
12.1.1 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 condltion.
12.1.3 City of Auburn will be inspecting 10% of all installations in each route to verity that all of the
criteria listed above are met. These inspections must be completed within 3 business day of
receiving the meter exchange file from FWW.
12,1.4 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 wiil revisit 100% of the meters in that route to guarantee the proper installation at no
additional cost to City of Auburn.
RES.A Page 88 of 165
13.0 Quality control
13.1 Quality control program. 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 responsibie for replacing any meter, transmitter, or appurtenances
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:
14.1 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:
14.3 The City Shall:
14,31 Provide 120V 30 amp Electrical to each BaseStation Cabinet mounting location
14.3.2 Provide padlocks for BaseStation Security
14.4 Ferguson Waterworks Shall:
14.4.1 Provide overall Project Management of the Insta4laJon of Infrastructure and Backhaul, Configure
BaseStations, Configure Backhaul, Request Commissioning of BaseStatlons, Assist with Software
Implementation and Configuration, Provide and Assist with Training on Endpoint Installation, Logic
and RNI Software Training, System Optimization, and Overall System Management.
14,4,2 Provide Cellular Backhaul -LS300 Airl-ink Modems with Magnetic Antenna
14.4.3 Provide Conduit for Power Supply to the BaseStation Cabinet. Install conduit for Feliax Antenna
Cable, sweeps for the Heliax 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,
14.4.5 Provide Project Management -MS Project Schedule to be provided
14.4.6 Provide Specifications for Infrastructure Installation.
14.4,7 Assist with Site Preparation.
14,4.8 Will contract with Pre Approved Installation Contractor for Antenna and BaseStation Connections.
14.4.9 Oversee Infrastructure Installation
14.4.10 Oversee Installation of Cellular Backhaul
14.4.11 Perform initial Configuration of the BaseStation
94.4.12 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.
94.4.14 Provide training on Endpoint Installation, Software and System Maintenance.
ia.r Antenna and BaseStation Installation Contractor(Provtded by Ferguson) Shall:
14,5.1 Provide Installation of the BaseStation and OMNI directional Antenna per Installation
Specifications. (See: BaseStation Installation Manual and Metro 50 Installation Manual)
14.5.2 Provide all Bracketing needed to mount the antennae.
14.5.3 Verify Installation of the Metro50 BaseStation Cabinets to designated location.
14.5.4 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 BaseStation per
specifications.
14.5.6 Perform Cable Sweeps and provide documentation from Spectrum Analyzer as to Return Loss
and Signal Strength,
14.5 Acceptance Milestones and Criteria
14.6.1 Milestone 1- Network Deployment
14.6.1.1 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
Springbrock Billing Software and the Integration has been validated.
14.6.2 Milestone 2- System Acceptance
14,6,2.1 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.
14.6.2.2 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
RES.A Page 89 of 165
network.
14.6.2.3 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 (included in neither the dividend
nor the divisor) if any of the following occur:
14,6.2.4.1 If daily reads are lost due to a BaseStation Power Failure that lasts more
than 24 hours
14,6.2.4.2 A Force Majeure Event or Act of God that affects the endpoint or
BaseStation
14.6.2.4.3 The endpoint is removed from service
14.6.2.4.4 The endpoint is damaged or tampered with
14.6.2.4.5 The endpoint cannot communicate to the system due to an object being
ptaced over it (e.g. parked automobile, RV, etc.)
14.6.2.4.6 The 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.
14.7.1 Logic Integration Manual
14.7.2 Logic User Manual
14.7.3 Logic Reference Manual
14.7.4 BaseStation Installation Manual R3
14.7.5 BaseStation M400 Installation Manual R2
14.7.6 Field Logic Conned Manual
14.8 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
14.8.3 Programming equipment
14.8.4 Submittal Transmittal Process:
14.8.4.1 All submittals shall be made electronically and shall be transmitted via e -mail to
PWSubmittals@auburnwa.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 2047, or PDF 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.
14.9Training
14.9,11 Minimum 5 non consccutivc days training onsitc.
14.9.2 Training specific far 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.
15.41ntegration
15.1 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 Springbrook, 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 formatted file:
15.2.1 Input Field (billing system to AMI system) Type and Field Length
15.2.2 Account Number (Char 44)
15.2,3 Service Code {Not used)
15.2.4 Service Sequence ftt 4)
15.2.5 Route /Book/Group {Not used)
15.2.6 Read Sequence tint 4)
15.2.7 Customer First Name {Char 20}
15.2.8 Customer Middle In tial {Char 1)
1529 Customer Last Name (Char 60)
15.2.10 Meter Location (Char 60)
RES.A Page 90 of 165
15.2.11
Street Number {Char 50}
15.2.12
Suffix {Not used)
15.2.13
Meter Number (Char 10)
15.2.14
High Reading {Int 4}
15.2.15
Low Reading {Int 41
15.2.16
Dials {Not used}
15.2.17
Previous Pleading {Int 41
15.2.18
Meter ID # {Char 10)
15.2.19
Read Type (Char 10)
RES.A Page 91 of 165
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 92 of 165
RES.A Page 93 of 165
FERGUSONa
24025 Woodinville- Snohomish Rd.
Waterworks
V V
Woodinville,
WA 98072
Tel: 253-
375 -3055
Meter & Autonwhon Group
"' 4er 806-8 g10 n.com
City of Auburn
2015- Phase 1- Large Meters and District 5
Date:
412412015
Sensus FlexNet Material and Install Pricing
Item No
Qty
Description
Unit
Unit Price
Total
Sensus FlexNet Hardware & Software
1
520M SmartPoint and Meters
$
347,833.27
1.1
213
Sensus 520M MXLI Single Port
ea
$
118.06
$
25,146.78
1.2
0
Sensus 520M MXU Dual Port
ea
$
143.36
$
-
1.3
4
518x314 Inch 1perl Meter
ea
$
127.14
$
508.56
1.4
43
1 Inch 1perl Meter
ea
$
201.43
$
8,661.49
1.5
34
1 -112 Inch OMNI R2 Meter
ea
$
449.60
$
15,286.40
1.6
27
2 Inch OMNI R2 Meter
ea
$
630.83
$
17,032.41
1.7
53
3 Inch OMNI C2 Meter
ea
$
1,517.38
$
80,421,14
1.8
32
4 Inch OMNI C2 Meter
ea
$
2,635.45
$
84,334,40
1.9
12
6 Inch OMNI T2 Meter
ea
$
4,623.17
$
55,478.04
1.11
7
8 Inch OMNI T2 Meter
ea
$
7,353.64
$
51,475.48
1.12
1
10 Inch OMNI T2 Meter
ea
$
9,488.57
$
9,488.57
2
Programming Equipment
$
16,533.04
2.1
4
Trimble Nomad 900 Handheld
ea
$
3,750.00
$
15,000,00
2.2
4
Command Link
ea
$
383.26
$
1,533.04
3
Sensus AMI Collection Equipment
$
40,000.00
3.1
2
Sensus M400 Two -Way Collector
ea
$
20,000.00
$
40,000.00
4
Sensus Logic Software and Training
$
37,325.00
4.1
1
RNI Logic Software Hosted 15K (Year 1)
ea
$
15,625.00
$
15,625.00
4.2
1
Logic Installation and Configuration Fee (One Time)
ea
$
15,000.00
$
15,000.00
4.3
1
Sensus RNI Logic Core Training
ea
$
6,700.00
$
6,700.00
4.4
1
Sensus /City of Auburn- Customer Access Portal
ea
$
48,867.50
TBD
Sensus FlexNet Hardware & Software Total
$
441,591.31'
Sensus FlexNet Installation
5
Sensus 520M and Meter Install
$
60,001.92
5.1
4
518x314 Inch 1perl and 520M Install
ea
$
50,71
$
202.84
5.2
43
1 Inch 1perl Meter
ea
$
50.71
$
2,180.53
5.3
34
1 -112 Inch OMNI R2 Meter
ea
$
114.09
$
3,879.06
5.4
27
2 Inch OMNI R2 Meter
ea
$
114.09
$
3,080.43
5.5
53
3 Inch OMNI C2 Meter
ea
$
313.74
$
16,628.22
5.6
32
4 Inch OMNI C2 Meter
ea
$
470.61
$
15,059.52
5,7
12
6 Inch OMNI T2 Meter
ea
$
705.91
$
8,470.92
5.8
7
8 Inch OMNI T2 Meter
ea
$
1,235.34
$
8,647.38
5.9
1
10 Inch OMNI T2 Meter
ea
$
1,853.02
$
1,853.02
5.11
1
RetroFit Sensus 520M Radio on New Meter
ea
$
38.00
TBD
RES.A Page 93 of 165
6
FlexNet Collection Equipment Install
$
135,000.00
6.1
2 Sensus Metro 50 Install
ea
$
35,000.00
$
70,000A0
Collector Site Prep Includes: (price not to exceed)
Site Preparation Contractor
Electrical Contractor
Antenna Contractor
Mono Pole
Mist Charges
6.2
1 Ferguson CIS Integration Workforce Software
lot
No
Charge
6.3
7 Project Management ( TBD by Project Deployment)
Month
$
5,000.00
$
35,000.00
6.4
1 Mobilization ( TBD by Project Deployment)
lot
$
30,000.00
$
30,000.00
6.5
Standby Rate
hr
$
115.46
As Needed
6.6
Route Clean -up Rate
hr
$
115.46
As Needed
Sensus FlexNet H&S Installation Total
$
195,001.92
Sensus Hardware and Install Total
$
636,693.23
RES.A Page 94 of 165
RES.A Page 95 of 165
FERGUSON24025
Woodinville- Snohomish Rd.
T A �aterwor7__
Y V i(�
Woodinville,
WA 98072
Tel: 253- 375 -3055
Meter & Automation Group
Fax 425 - 806 -8510
the mas.erickson(Vergusen.com
City of Auburn
2416- Phase 2 District 1 & 3
Date:
412412015
Sensus FlexNet Material and Install Pricing
Item No
City
Description
Unit
Unit Price
Total
Sensus FlexNet Hardware & Software
1
520M SmartPoint and Meters
$
1,486,948.51
1.1
5415
Sensus 520M MXU Single Port
ea
$
118.06
$
639,294.90
1.2
0
Sensus 520M MXU Dual Port
ea
$
143.36
$
-
1.3
4692
518x3!4 Inch Iperl Meter
ea
$
127.14
$
596,540.88
1.4
371
1 Inch Iperl Meter
ea
$
201.43
$
74,730.53
1.5
252
1 -112 Inch OMNI R2 Meter
ea
$
449.60
$
113,299.20
1.6
100
2 Inch OMNI R2 Meter
ea
$
630.83
$
63,083.00
1,7
0
3 Inch OMNI C2 Meter
ea
$
7,517.38
$
-
1.8
0
4 Inch OMNI C2 Meter
ea
$
2,635.45
$
-
1.9
0
6 Inch OMNI T2 Meter
ea
$
4,623.17
$
-
1.11
0
8 Inch OMNI T2 Meter
ea
$
7,353.64
$
-
1.12
0
10 Inch OMNI T2 Meter
ea
$
9,488.57
$
-
2
Programming Equipment
$
-
2A
0
Trimble Nomad 900 Handheld
ea
$
3,750.00
$
-
2.2
0
Command Link
ea
$
383.26
$
-
3
Sensus AMI Collection Equipment
$
-
3.1
0
Sensus M400 Two -Way Collector
ea
$
20,000.00
$
-
4
Sensus Logic Software and Training
$
23,125.09
4,1
1
Year 2 RNI Logic Software Hosted 15K
ea
$
23,125.00
$
23,125.00
4.2
0
Logic Installation and Configuration Fee (One Time)
ea
$
15,000.00
$
-
4.3
0
Sensus RNI Logic Core Training
ea
$
6,700.00
$
-
4.4
0
Sensus /City of Auburn- Customer Access Portal
ea
$
48,867.50
TBD
Sensus FlexNet Hardware &. Software Total
$
1,510,073.51
Sensus FlexNet Installation
5
Sensus 520M and Meter Install
$
296,904.41
5.1
4692
518x3!4 inch Iperl and 520M Install
ea
$
50.71
$
237,931.32
5.2
371
1 Inch Iperl Meter
ea
$
50.71
$
18,813.41
5.3
252
1 -112 Inch OMNI R2 Meter
ea
$
114.09
$
28,750.68
5.4
100
2 Inch OMNI R2 Meter
ea
$
114.09
$
11,409.00
5.5
0
3 Inch OMNI C2 Meter
ea
$
313.74
$
-
5.6
0
4 Inch OMNI C2 Meter
ea
$
470.61
$
-
5.7
0
6 Inch OMNI T2 Meter
ea
$
705.91
$
-
5.8
0
8 Inch OMNI T2 Meter
ea
$
1,235.34
$
-
5.9
0
10 Inch OMNI T2 Meter
ea
$
1,853.02
$
-
5.11
1
Retrol'it Sensus 520M Radio on New Meter
ea
$
38.00
TBD
RES.A Page 95 of 165
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 Pole
Misc Charges
6.2
0 Ferguson CIS integration Workforce Software
lot
No
Charge
6.3
12 Project Management ( TSD by Project Deployment)
Month
$
5,000.00
$
60,000.00
6.4
0 Mobili/_allon ( TBD by Project Deployment)
lot
$
30,000.00
$
-
6.5
Standby Rate
hr
$
115.46
As Needed
6.6
Route Clean -up Rate
hr
$
115.46
As Needed
Sensus FlexNet H &S Installation Total
$
356,904.41
Sensus Hardware and Install Total
$
1,866,977.92
RES.A Page 96 of 165
RES.A Page 97 of 165
FERGUSON(D
24025 Woodinville- Snohomish Rd,
Tq Taterworks
V V ft�
Woodinville,
WA 98072
Tel: 253- 375 -3055
Meter & Automation Group
Fax 425 -806
-8510
thomas. edcksonVergus❑_n . com
City of Auburn
2017- Phase 3 District 2 & 4
Date:
4/2412015
Sensus FlexNet Material and Install Pricing
Item No
Qty
Description
Unit
Unit Price
Total
Sensus FlexNet Hardware & Software
1
520M SmartPoint and Meters
$
2,361,207.15
1.1
8475
Sensus 520M MXU Single Port
ea
$
118.06
$
1,000,558.50
1.2
0
Sensus 520M MXU Dual Port
ea
$
143.36
$
-
1.3
7241
518x314 Inch Iperl Meter
ea
$
127.14
$
920,620.74
1.4
629
1 Inch Iperi Meter
ea
$
201.43
$
126,699.47
1.5
377
1 -112 Inch OMNI R2 Meter
ea
$
449.60
$
169,499.20
1.6
228
2 Inch OMNI R2 Meter
ea
$
630.83
$
143,829.24
1.7
0
3 Inch OMNI C2 Meter
ea
$
1,51738
$
-
1.8
0
4 Inch OMNI C2 Meter
ea
$
2,635.45
$
-
1.9
0
6 Inch OMNI T2 Meter
ea
$
4,62117
$
-
1.11
0
8 Inch OMNI T2 Meter
ea
$
7,353.64
$
-
1.12
0
10 Inch OMNI T2 Meter
ea
$
9,488.57
$
-
2
Programming Equipment
$
-
2.1
0
Trimble Nomad 900 Handheld
ea
$
3,750.00
$
-
2.2
0
Command Link
ea
S
383.26
$
-
3
Sensus AMI Collection Equipment
$
-
3.1
0
Sensus M400 Two -Way Collector
ea
S
20,000.00
S
-
4
Sensus Logic Software and Training
$
24,189.33
4,1
1
Year 3 RNI Logic Software Hosted 15K
ea
$
24,189.33
$
24,189.33
4.2
0
Logic I nstallation and Configuration Fee (One Time)
ea
$
15,000.00
$
-
4.3
0
Sensus RNI Logic Core Training
ea
$
6,700.00
S
-
4.4
0
Sensus /City of Auburn- Customer Access Portal
ea
$
48,857.50
TBD
Sensus FlexNet Hardware & Software Total
S
$
2,385,396.48
Sensus FlexNet Installation
5
Sensus 520M and Meter Install
$
468,112.15
5.1
7241
5!8x314 Inch Iperi and 520M Install
ea
$
50.71
$
367,191.11
5.2
629
1 Inch Iperl Meter
ea
$
50.71
$
31,896.59
5.3
377
1 -112 Inch OMNI R2 Meter
ea
$
114.09
$
43,011.93
5.4
228
2 Inch OMNI R2 Meter
ea
$
114.09
$
26,012.52
5.5
0
3 Inch OMNI C2 Meter
ea
$
313.74
$
-
5.6
0
4 Inch OMNI C2 Meter
ea
$
470.61
$
-
5,7
0
6 Inch OMNI T2 Meter
ea
$
705.91
$
-
5,8
0
8 Inch OMNI T2 Meter
ea
$
1,235.34
$
-
5.9
0
10 Inch OMNI T2 Meter
ea
$
1,853.02
$
-
5.11
1
RetroFit Sensus 520M Radio on New Meter
ea
$
38.00
TBD
RES.A Page 97 of 165
6
FlexNet Collection Equipment Install
$
60,000.00
6.1
0
Sensus Metro 50 Install
ea
$
35,600.06
$
-
Collector Site Prep Includes. (price not to exceed)
Site Preparation Contractor
Electrical Contractor
Antenna Contractor
Mono Pole
Mise Charges
6.2
0
Ferguson CIS Integration Workforce Software
lot
No Charge
6.3
12
Project Management ( TB by Project Deployment)
Month
$
5,600.06
$
60,000.60
6.4
0
Mobilization ( TBD by Project Deployment)
lot
$
30,000.06
$
-
6.5
Standby Rate
hr
$
115.46
As Needed
6.6
Route Clean -up Rate
hr
$
115.46
As Needed
Sensus FlexNet H &S Installation Total
$
528,112.15
Sensus Hardware and Install Total
$
2,913,508.63
RES.A Page 98 of 165
Automated Meter Infrastructure System Equipment and Services Contract
Between: City of Auburn and Ferguson
ATTACHMENT 6 C"
Project CP1317, Water Meter & Billing System Improvements, Contract No. 15.11
SENSUS AMI BASE TERMS & ANNUAL MAINTENANCE AGREEMENT
RES.A Page 99 of 165
SEnsus
Advanced Metering Infrastructure (AMI) Agreement
between
City of Auburn
("Customer ")
and
Sensus USA Inc.
( "Sensus ")
IN WITNESS WHEREOF, the parties have caused this AMI Agreement { "Agreement') Lu be exet;uted by their duly
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 ( "Term " ), provided that it may be
extended for a longer period by written agreement.
This Agreement contains two parts: Part (1) is The FCC Notification for Spectrum Manager Lease, to be filed with the FCC
by Sensus on behalf of the Customer and Part (2) is a AMI Agreement between Sensus and Customer. Together, these two
parts create the Agreement.
Sensus USA Inc.
By:
Name:
Title:
Date:
RES.A
Customer: City of Auburn
By:
Name: Nancy Backus
Title: Mayor
Date:
Contents of this Agreement:
Part 1: Notification for Spectrum Manager Lease
Part 2: AMI Agreement
Exhibit A Software as a Service
Exhibit B Technical Support
Page 100 of 165
CONFIDENTIAL I Page 1 or 10
1-11
0
0
4]
5Ensus
Part 1: Notification for Spectrum Manager Lease
In order for Sensus to apply to Ote FCC on the Customer's behalf for a spectrum manager lease, Cuslomer must complete Ine information below in boxes one (1) through ten (10) and certify via
authorized signalure. Customer's signature will indicate that Customer authorizes Sensus (a Me the spectrum manager lease no0fication on FCC Farm 608 with the Customer as spectrum
Lessee, and If Cuslomer does not already have one, ownership disclosure Information on FCC Finn 602.
Custom edLes see Name: City of Auburn
Attention To
Attention To: Colin Schmalz
Name of Real Party In Interest: City of Auburn
Street Address: 25 W Main Street
Zip:
City: Auburn
State: WA
yip; 98001
Phone: 253 - 931 -3440
Fax Emall:
cschmalz@auburnwa.gov
Is is uatwef Coa0cl In rprmahpn same as anOm7 Wee UNa (II Ni, complete cox L below]
e i nfI �r r ... M -0 r— t-1 I.Fn .2flr
Com an Name: City of Auburn
Attention To
Street Address:
City:
State:
Zip:
Phone:
Fax:
Email:
CuslomerUssee is al n) (Select one): ❑Individual 1 ❑ Unincorporated Association 10 T rust
Movernment Entity I ❑Corporation I ❑ Limited Liability Company I ❑General Parinership
❑Limited Partnership I ❑Urnilad Liability Partnership 10 Consortium 1 ❑ Other
FCC Form 502; FCC File Number of Customers Form 602 Ownership irdarmation: . If Customer has not filed a Form 6B2, Sensus will fie one for Cuslorner. Please
complete questions 5, 6, and 7 below, if Customer does Lol have a Form 602 on File.
Customer must complete items 8, 9 and 10 irrespective of whether Customer has an ownership report on file.
F-51 Customer Tax ro: 91-6001228
[ 61
0
1 rt1.1r1 1 rnn —f P., Frr U.tf-.
Please designate one individual {the Director of Public Works or similar person) who is responsible to the FCC for the operation of the FlexNel radio system. This person would need
to obtain his or her own personal F'RN {FM ltegislration Number] by cging In the link below and completing the Individual FRN regisbatloo.
Name Colin Schmalz
TiI.: Network Communications Engineer
Emaii:cschmalz@auburnwa.gov
Phone: 253-804-5021
Personal FRN: 0001563824
Unk for obtaining personal FRN: hltps:!l apps. fec .govfcoresWeblregEntityType.do
Clurnarehln nlG�1r,���rP rnr„r,.rawr,r,
Pleasa list the names of the Board President and all Board Members below, as well as verify citixenshIp and ownership interests in any ant[ty regulated by the FCC.
Such ownership must be disclosed where a board member member owns 10% or more, directly or indirectly, or has operating control of any entity subject to FCC
re utabon.If an X answer to Ownersh ip question is Yes, or an y answerto Citizen shi uesdon is No, r"de an attach mentwith further exial anai or
US Citizen?
Cwoarshl Disdosure7
Board President:
❑Yes ❑No
❑Yes 0 N
Board Member.
❑Yes ONO
❑Yes ONO
Board Member:
Oyes ONO
Oyes ❑No
Board Member:
❑Yes ❑No
Oyes ONO
RES.A Page 101 of 165
GONFIDENTI'L [ Fsge 2 of 1D
SEnsus
Board Member.
❑y. is
2) Has the Custom =r or any party to this filing, or any party directly or indirectly controlling the Customer or any party W Ihis Ilting ever been
Oyes a
convicted of a {elan by, an state or federal court?
♦xyea
❑Yes
❑No
Oyes
ONO
Board Member:
lyYes
See Section 1,2000 b of the rules. 47 CFR § 1,2002 6 , for the definhon of " ar Ic the a ticaWn' as used in Ihis rectification.
WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE ANDIOR IMPRISONMENT (U.S. Code, Title 1S, Secilon toot)
4) The Customer/Lessee hereby accepts Commission oversight and enforcement consistent with the Ilcense and lease aubho ration. The Lessee
Section 543),
❑Yes
❑ND
11 Yes
❑No
Board Member:
5) The CuslomedLessee acknowledges that In Ilia evenl an 3uthorizalio11 held by a Licensee that It has association with it a spectrum leasing
arrangement that is the subject of this filing is revoked, cancelled, lerminaled, or rlherwise ceases to be in effect, The CustomerlLassee will have no
Yes
Oyes
❑No
Oyes.
❑No
Board Member
arrangement under the Commission's Rules and Re ulnlions.
7)Tha CuslomerlLessee waives any claim to the use of any particular frequency or of the adedromagnetic spectrum as against the ragulal" power
ffy.
Oyes
❑No
Elves
ONo
Board Member
Oyes.
ONO
Oyes
❑No
Board Member
❑Yes
ONO
Oyes
❑No
R Mo O ostions tl ttce answer is Ya. provide an attachment explaining the omurnS =
1 Lassaa
a foreign government or the representative ❑f any foreign vemmenl7 ❑Yes ❑
v
IQ
Basic quaiifleation Information
t) Has the Customer or any party to lhis applleafon had any FCC station authorization, license, or cunstrucllon permit revoked or had any
application tar an initial, modification or renewal of FCC station authorzaton, license or construction permit denied 6 1h Commission?
❑y. is
2) Has the Custom =r or any party to this filing, or any party directly or indirectly controlling the Customer or any party W Ihis Ilting ever been
Oyes a
convicted of a {elan by, an state or federal court?
♦xyea
3) Has any court finally adjudged the Customer or any party directly or indirectly controlling the Customer guilty of unlawfully monopolizing or
Customer Name?
altempling to unlawrLily monopolize radio communication, directly or indirectl y, Ihrough control of manufacture or sale of radio- apparatus, exclusive
❑Yes QgN❑
Iraffic arrangement. orany other means or unfair melhods of competition?
lyYes
Custom erlLesseeCerdliication Statements
1 The CustemerlLessee agrees that the Lease is not a sale or transfer of the license itself.
w7es
2) The Cuslomedl -cssea acknowledges Thal It Is required to comply with the Commissions Rules and Regulations and other applicable law at all
Nancy
!Imes, and if the CustomerlLessee rails to so comply, the Lease may be revoked, cancelled, or terminaled by either the Licensee or the
♦xyea
Commission.
Customer Name?
3) The CuslamerlLessee cerlihes that neither it nor any other party to the ApplicatidnlNoti floation is subject to a denial or Federal beretrls pursuant
City of Auburn
to Section W of the And -Drug Abuse Act of 1988, 21 U.S.0 § 662, h =_cause of a convidlon for possession or dishibulion of a can trolled substance
lyYes
See Section 1,2000 b of the rules. 47 CFR § 1,2002 6 , for the definhon of " ar Ic the a ticaWn' as used in Ihis rectification.
WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE ANDIOR IMPRISONMENT (U.S. Code, Title 1S, Secilon toot)
4) The Customer/Lessee hereby accepts Commission oversight and enforcement consistent with the Ilcense and lease aubho ration. The Lessee
Section 543),
acknowledges that it must cooperate fully with any investigation or inquiry conducted either by the Commission ti Iha licensee, elbow the
��
Commission or the Licensee to conduct on -site inspections of tlranwNsfan facill6es, and suspend operations al the &ection of the Commission or
the Licensee and to the extent that such sus radon or ❑ eration would be consistent with applicable Commission policies .
5) The CuslomedLessee acknowledges that In Ilia evenl an 3uthorizalio11 held by a Licensee that It has association with it a spectrum leasing
arrangement that is the subject of this filing is revoked, cancelled, lerminaled, or rlherwise ceases to be in effect, The CustomerlLassee will have no
Yes
conti nuing authority to use the leased spectrum and will be required to terminate its operations no Ialer than the dale on dkh the licensee Ceases
to have any a0horily to operate under the license, unless otherwise authorized by the Commission,
6) The Cugtamer)Lessee agrees the Lease shall not M assigned to any enllty that is not eligible or qualified to enter into a spectrum leasing
arrangement under the Commission's Rules and Re ulnlions.
7)Tha CuslomerlLessee waives any claim to the use of any particular frequency or of the adedromagnetic spectrum as against the ragulal" power
ffy.
of the United Stales because of the previous use of the same whether by, s !rum lease or otherwise.
M The CuslomedLessee certifies that it is not in default on any payment for Commission licenses and that dl is not delirquent on any non -lax debt
ayes
owed to any federal agency .
The CustomerlLessee certifies that all of its statements made to this App IlcaVonlNotlficatton and In the schedutea, exhibits, attachments, or documents incorporated by reference are
material, are part of this AppV4 catlonlNoti6catlon, and are true, complete, Correct, and made in good faith. The CustomerlL asses shall notify Sensus In writing in the event any
information supplied on this farm changes.
Tyne or Printed Name of Partv Authorized to Sian
First Name: MI:
Last Name:
Suffrx
Nancy
Backus
Title:
Customer Name?
Mayor
City of Auburn
Signature:
Date,
FAILURE TD SIGN THIS APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID.
WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE ANDIOR IMPRISONMENT (U.S. Code, Title 1S, Secilon toot)
ANDIOR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S, Code, Title 47, Section 312(a)(1)) ANWOR FORFEITURE (U.S. Code Title 41,
Section 543),
RES.A Page 102 of 165
CONFIDENTIAL j Page 3 of 10
r.
SEnsus
Part 2: AMI AGREEMENT
Equipment.
A. Purchase of Equipment. Customer shall purchase all Equipment from Sensus' authorized distributor pursuant to the terms and conditions (Including any
warranties on such Equipment) agreed by Customer and Sensus' authorized distributor. This Agreement shall not affect any terms and conditions, including
any warranty terms, agreed by Customer and Sensus' authorized distributor. If Customer elects to purchase any equipment or services dlrwtly from Sensus,
or if Customer pays any fees or other costs to Sensus, then Sensus' Terms of Sale shall apply. The 'Terms of Sale" are available at;
httpJ Ina. sansus .ccrn1TCfTermsCond[lions, poll f, or 1.800- METER -IT.
B. THERE ARE NO WARRANTIES IN THIS AGREEMENT, EXPRESS OR IMPLIED. THERE ARE NO IMPLIED WARRANTIES, INCLUDING 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. Installation services will be as agreed between the Customer and Sensus' authorized distributor. Sensus will not provide
installation services pursuant to this Agreement.
B. Software Implementation. Sensus shall install and configure th e Software and shall Install the Software on the Server Hardware.
C. IT Systems Integration Services. Integration of the Software into Customer's new or existing Intemal IT systems is not included In this Agreement.
D. Technical Support. Sensus shall provide Customer the technical support set forth In Exh[bit B.
E. Project Management. Project Management or the AMI System Is not Included in this Agreement.
Software.
A. Software as a Service (Sao S). Sensus shall provide Customer with Software as a Service, as defined in Exhibit A, only so long as Custorer is current in its
payments for such services.
Spectrum
A. iDeiinitions [n this Section 4. In this Section 4 only "Sensus" shall mean Sensus USA Inc. and its wholly owned subsidiary, Sensus Spectrum LLC.
B. Spectrum Lease. Sensus hereby grants to Customer, and Customer accepts, a spectrum manager lease ( "Lease ") over the frequeicies of certain FCC
licenses) { "FCC License") solely within Customer's Service Territory, (The frequencies of the FCC License within Customer's geographic Service Territory
are called the "Leased Spectrum "). Customer shall pay the 0ngaing fees for use of the Leased Spectrum; if no Ongoing Fees are specifically listed for use
of the leased Spectrum, then Sensus shall partition $900 from the other Ongoing Fees and such amount is hereby a[located to th is spectrum lease pursuant
to this Agreement.
C. FCC Forms. At the Federal Communications Commission (FCC), Sensus will; (1) obtain an FCC Registration Number (FRN) for Customer, (2) submit on
behalf of Customer the FCC Form 602 Ownership Disclosure Information if Customer has not already done so; and (3) rile a FCC Form 608,
notiFrcationlappiication for long -term spectrum manager lease. This Lease becomes effective when the FCC accepts the FCC Form 608,
D. Lease Application. In arderto complete the FCC lease application, Customerw[II promptly!
I. Complete and sign the representations in Part 1 of this Agreement such that Customer demonstrates it qualifies for a spectrum lease under FCC rules.
Customers signature will indicate that Customer authorizes Sensus to; (1) obtain an FRN on behalf of Customer; (2) submit the FCC Form 602
Ownership Disclosure Information on behalf of Customer if Customer has not already done so; and (3) File the spectrum manager lease notification on
FCC Form 608 with the Customer as spectrum lessee.
Ii. Give Sensus the coordinates of the boundaries of Customer's Service Territory or, altematively, approve Sensus' estimation of the same,
iii. If Customer has not already done so; Customer hereby authorizes Sensus to apply an Customer's behalf and obtain for Customer a Federal Registration
Number (F RN, the FCC's unique Identifier for each licensee) and shall supply Sensus with Customers Taxpayer Identification Number (TIN).
iv, Provide any other information or other cooperation reasonably necessary for the Partles to perform as set forth herein.
E, Permitted Use of Spectrum Lease. Customer rray transmit or receive over the Leased Spectrum only in the Service Territory and only using FlexNel
equipment manufactured by Sensus and used in accordance with Sensus' specifications. Customer may use the Leased Spectrum only to read and direct
meters in support of Customers primary utility, business or any other operation approved by Sensus in writing. Without limiting the foregoing, Customer is
prohibited from reselling, subleasing or soblicensing Jte Leased Spectrum or from transmitting voice communications over the Leased Spectrum.
F. Term of Spectrum Lease. Unless terminated eadier (because, for example, Customer stops using the FlexNet equipment or because this Agreement
terminates or expires for any reason), this Lease will have the same term 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, the Parties will apply to the FCC to renew this Lease.
G. Termination of Spectrum Lease. The Lease will terminate: (a) two months after Customer stops transmitting with FlexNet equipment manufactured by
Sensus; (b) upon termination, revocation or expiratiol of the FCC License; (c) upon Customers breach of [his Agreement; or (d) upon termination or expiration
of this Agreement for any reason.
H. FCC Compliance. The following FCC requirements apply
I, Pursuant to 47 CFR 1.9040(a);
(a) Customer must comply at al! times with applicable FCC rules. This Agreement may be revoked by Sensus or the FCC If Customer fails to so
comply;
(b) If the FCC License is terminated, 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 other transfer of the FCC License;
(d) This Agreement may not be assigned except upon wri tten can sent of Sensus, which consent may be withheld in its discretion: and
(e) In any event, Sensus will not consent to an assignment that does not satisfy FCC rules.
Il. Refarencing 47 CFR 1.9010, Sensus retains de jure 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 I has engineered the
FlexNet equipment and accompanying software and other programs to comply with FCC rules. Customer will operate the FlexNet equipment
subject to Sensus' supervision and control and solely in accordance with Sensus' specillcations. Sensus retains the right fa inspect Customers
radio operations hereunder and to term note this Agreement or take any other necessary steps to resolve a violation of FCC rules, Including to
order Customer to cease transmission. Sensus will act as spectrum manager in assigning spectrum under the FCC License so as to avoid any
harmful interference or other violation of FCC rules. Sensus will be responsible for resolving any interference complaints or other FCC rule
violations that may arise; and
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(b) Sensus will file any necessary FCC forms or applications and Customer agrees reasonably to assist Sensus with such filing by providing any
necessary information or other cooperation_ Sensus will otherwise interact w4h the FCC with respect to this Agreement the FCC License or
FlexNet equipment,
t. Interference. Customer agrees to report to Sensus promptly, and in no event later than 72 hours afterward, any incident related to the Leased Spectrum,
including where Customer experiences harmful interference, receives a complaint or Other notice of having caused harmful interference or receives any type
of communication from the FCi; or othergovernment agency regarding radio transmission,
General Terms and Conditions.
A. Intentionally Omitted
8. Limitation of Liability.
i. Sensus' aggregate Ilability In any and all causes of action arising under, out of or in relation to this Agreement, its negotiation, performance, breach or
terrnination (collectively "Causes of Action ') shall not exceed the greater of; (a) the total amount paid by Customer directly to Sensus under this
Agreement or (b) ten thousand US dollars (U SD 10,004.00). This is so whether the Causes of Action are in tort, including, without limitation, negligence
or strict liabllly, In contract, under statute or otherwise. As separate and independent limitations on liability, Sensus' liability shall be limited to direct
damages. Sensus shall not be liable for; (i) any indirect, incidental, special or consequential damages; nor (lt) any revenue or profits lost by Customer or
its Affiliates from any End User(s), irrespective whether such lost revenue or profits is categorized as direct damages or otherwise; nor (III) any In1OuI
Costs; nor (iv) manual meter read costs and expenses; nor (v) damages arising from maincase or bottom plate breakage caused by freezing
temperatures, water hammer conditions, or excessive water pressure. 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 glue
Sensus the maximum protection permitted under law.
ii. To he 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,
C. Terminat^on. 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 forty -five (45) days of written notice by the other party. Upon any expiration or termination of this Agreement, Sensus' and Customers obligations
hereunder shall cease and the software as a service and spectrum lease shall Immediately cease.
D. force Majeure. If either party becomes unable, either wholly or in part, by an event of Force Majeure, to fulfill its obligations unda- this Agreement, the
obligatlons affected by the event of Farce Majeure will be suspended during the continuance of that inability. The party affected by the force Majeure will take
reasonable steps to mitigate the Farce Majeure. "Farce Majeure' means an event beyond a party's reasonable control, Including, wtitout limitation, acts of
God, hurrcane, flood, volcano, Isunaml, tomado, storm, tempest, mudslide, vandalism, illegal or unauthorized radon frequency interference, strikes, lockouts,
or other industrial disturbances, unavailability of component parts of any goods provided hereunder, acts of public enemies, wars, blockades, insurrections,
riots, epidemics, earthquakes, fires, restraints or prohibitions by any court, board, department, commission or agency of the United States or any States, any
arrests and restraints, civil disturbances and explosion.
E. Intellectual Property, No Intellectual Property is assigned to Customer hereunder. Sensus shall own or continue to awn all Intellectual Property used,
created, a ndlor de rived in the course of performing this 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 Customer, Customer agrees to grant and assign and hereby
does grant and assign to Sensus all right, title, and interest that Customer may have in and to such Intellectual Property. Customer agrees not to reverse
engineer any Equipment purchased or provided hereunder. "Intellectual Property' means patents and patent applications, inventions (whether patentable or
not), trademarks, service marks, trade dress, copyrights, trade secrets, know -how, data rights, specifications, drawings, designs, maskwork rights, moral
rights, authors rights, and other inteileclual property rights, as may exist now or hereafter come Into existence, and all renewals aril extensions thereof,
regardless of whether any of such rights arise under the laws of Me United States or of any other state, country or Jurisdiction, any registrations or applications
thereof, and all goodwill pertlnenI thereto,
F. Confidentiality, Bath parties shall (and shall cause their employees and contractors to) keep all Confidential Information strictly confidential and shall not
disclose it to 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 parry, including the terms of [his agreement, all
technical information about either party's products c services, pricing information, marketing and marketing plans, Customer's End Users' data, AMI System
performarce, AM] System architecture and design, AMI System software, other business and financial information of either parry, and all trade secrets of
either party. The Confidential Information may be transmitted orally, in writing, electronically or otherwise observed by either party. Notwithstanding the
foregoing, 'Confiden0a I Information" shall not include; (1) any Information that is in the public domain other than due to Recipient's breach of this Agreement; (ii)
any in forms Hun in the possession of the Recipient without restriction prior to disclosure by the Discloser; or (iii) any information independently developed by
the Recipient without reliance on the information disclosed hereunder by the Discloser. "Discloser' means either party that discloses Confidential Information,
and 'Recioieni" means either parry that receives it.
G. Non-Waiver of Rights. A waiver by either party of any breach of [his Agreement or the failure or delay of either parry to enforce any of the articles or other
provisions of this Agreement will not in any way affect, limit or waive that parry's right to enforce and compel strict compliance with the same or other articles or
provisions.
H. Assignment and Sob•contracting. Either parry may assign, transfer or delegate this Agreement without requiring the other party's consent; (o) to an Affiliate;
(it) as pa r# of a merger; or (Iii) to a purchaser of all or substantially all of its assets. Apart from the foregoing, neither party may assign, transfer or delegate this
Ag reamer t without the prior written consent of the other, which consent shall not be unreasonably wlth held . Furthermore, Customer acknowledges Sensus
may use subcontractors to perform R Flaid Equipment installation, the systems integration work (if applicable), or project management Yf applicable), without
requiring Customer's consent.
I. Amendments. No afferaticn, amendment, or other modification shall be binding unless in writing and signed by bath Customer and by a vice president (or
higher) of Sensus.
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. Any and all disputes arlsing under, ort of, or in relation to this Agreement, Its negotiation, parforrnance or termination ( "Disvutes') stroll first be
resolved by the Parties attempting mediation in Wash ing [on . If the Dispute is not resolved within sixty (60) days of the commencement of the mediation, itshe11
be litigated in the state or federal courts located in Washington. To THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES AGREE TO A BENCH
TRIAL AND THAT THERE SHALL BE No JURY IN ANY DISPUTES,
tf. Restriction an Discovery. The Parties acknowledge the abundance of documents, data, and other Information stored in an electronic manner and the time
and costs associated with retrieving relevant electronic data from the Parties during the Discovery portion of a claim. Accordingly, the Parties shall utilize only
printed or hard -copy documents, data, and other information In Discovery and shalt not use or request electronic or L-Discovery methods for any claim,
demand, arbitration or litigation subject to this Agreement. All relevant and unprivileged printed or hard -ropy materials shall be subject to Discovery, but
RES.A Page 104 of 165
CONFIDENTIAL 1
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neither Party has an oblogathon to maintain printed or hard -copy fles in anticipation of a claim, demand, fitigahon, or arbitration proceeding,
L. Survival. The provisions of this Agreement that are applicable to circumstances arising after its termination or expiration shall survive such termination or
expiration.
M. Severabitity, in the event any provision of this Agreement is hell to be void, unlawful or otherwise unenforceable, that provision will be severed from the
remainder of the Agreement and replaced automatically by a provision containing terms as nearly like the void, unlawful, or unenforceable provision as
possible; and the Agreement, as so modified, will continue to he In full force and effect.
N. Four Comers. This written Agreement represents the entire understanding between and obligations of the parties and supersedes all prior understandings,
agreements, negotiations, and proposals, whether written or oral, formal or informal between the parties. There are no other terms or conditions, oral, wri tten,
electronic or otherwise. There are no implied obbMfons. All obligations are specifically set fortis in this Agreement. Further, there are no representations that
induced this Agreement that are not included in it 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 original, but all o- which together shall
constitute one and the same instrument. Additionally, this Agreement may be execuled by facsimile or electronic copies, all of which shall be considered an
original for all purposes,
Definitions. As used In this Agreement, the following terms shall have the following meanings:
A. "Affiliate" of a party means any other entity controlling, controlled by, or under common control with such party, where "control" of an entity means the ownership,
dire My or Indirectly, of 50% or more of either, (t) lie shares or ether equity In such entry; or (4) the vcting rights In such entity.
B. "AMI System" identifies the Sensus FlexNet Advanced Meter Infrastructure System comprised cr the SmenPolnt Modules, RF Field Equipment, Server Hardware,
software licenses, FCC licenses, and other equipment p rovided to Customer hereunder. The AMI System only Includes the foregoing, as provided by Sensus. The Am
System does not Include goads, equipment, software, licenses or rights provided by a third party or partes to this Agreement,
C. "Echo Transceiver" identifies the Sensus standalone, mounted relay device that takes the radio frequency readings from the Sma Vol nt Modu as and relays them by
radio frequency to the relevant FlexNet Base Station.
D. "End User" means any end user of electricity, water, ar-d/or gas (as applicable) that pays Customer for the consumption of electricity, water, and/or gas, as applicable.
E. "Field Devices" means the meters and SmartPoint Modules.
F. `FlexNet Base Station" Iientfies the Sensus manufactured device consisting at one transceiver, to be located on a tower that receives readings from the SmartPoint
Modules (either directly or via an Echo Transceiver) by radio frequency and passes those readings to the RNI by TCPIIP backhaul communication. For clarity, FlexNet
Base Stations Include Metro Base Stations.
G. "F1exWerem Software" identifies [he Sensus proprietEry software used in the RNI and any Patches, Updates, and Upgrades that are provided to Customer pursuanI to
the terms of this Agreement.
H. 'Harris Software" means the specific items 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 (f) is current in its payments for [hat specific item of Harris Software.
I. 'InlOut Cosle 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, unlnstallfng and removing goods,
J. 'intellectual Property' means patents and patent appli:afions, inventions (whether patentable or not), trademarks, service marks, trade dress, copyrights, trade secrets,
know -how, data rights, specifications, drawings, designs, maskwork rights, moral rights, authors 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 arise under
the laws of the United States or of any orher state, country orjumisdiction, any registrations or applications thereof, and all goodwill pertinent thereto-.
K, 'L CH' Identifies the load control modules.
L. "Ongoing Fee" means the annual or monthly fees, as applicable, to be paid by CustornerolOng the Term of this Agreement.
M. "Patches" means patches or other maintenance releases of the Software that correct processing errors and other faults and defects found previous versions of the
Software. For clarity, Patches are not Updates or Upgrades.
N. 'Permitted Use" means only for reading Customer's meters In the Service Territory. The 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 T ranscelvei identifies the Sensus standalone, mounted relay device that lakes the radio frequency readings from the SmartPoinl Modules and relays them
dI=4 to the RNI byTCPIlP backhaul communication.
0. "RF Field Equipmenf means, collectively, FlexNet Base Stations, Echo Transceivers and Remote Transceivers.
R. "RNP identifies the regional network interfaces consisting of hardware and software used to gather, store, and report data collected by the FlexNet Base Stations from
the SmartPoint Modules. The RNI hardware specifications will be provided by Sensus upon written request from Customer.
S. "Service Territory' Identifies the geographic area where Customer provides electricity, water, and/or gas (as applicable) services to End Users as of the Effective Date.
This area will he described in the parties' spectrum lease filing with the FCC.
T. "Server Hardware" means the RNI hardware.
U "SmartPaint"^ Modules" identifies the Sensus transmission devices installed on devices such as meters, distribution automation equipment and demandlresponse
devices located at Customer's End Users' premises that take the readings of (the meters and transmit those readings by radlo frequency to the relevant FlexNet Base
Station, Remote Transceiver or Echo Transceiver.
V. "Software' means ail the Sensus proprietary software provided pursuant to this Agreement, and any Patches, Updates, and Upgrades that are provided to Customer
pursuant to the terms of this Agreement.
W. "TouchCoupler Unlf identifies an inductive coupler connection from a water register to the SmartPoint Module.
K "Updates" means releases of the Software that constitute a minor improvement in functionality.
Y. "Upgrades" means releases of the Software which constitute a significant improvement in functionality or architecture of the Software.
Z. "WAN BackhauF' means the communication link between FlexNet Base Slations and Remole Transceivers and RN 1.
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Exhibit A
Software as a Service
Description of Services
This exhibit Dan iains the details of the Software as a Service that gang Lis shall provide to Customer i4 both: (i) pricing for Software as a Service has open provided to
the Customer; and (it) the Customer is current in Its payments for Software as a Sarvice.
A. Termination of Software as a Service. Customer shall have the option at any time after full deployment but before the end of the Term to terminate the
Software as a Service by giving Sensus one hundred twenty (120) calendar days prior written notice- Upon delivery of the notice, Customer shall purchase the
necessary 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 Service, Customer acknowledges that; (a} Customer shall purchase the RNI hardware; (b) Customer will
purchase the necessary software license(s) i (c) Sensus will cease to provide the Software as a Service ; the parties will fulfill their respective obligations provided
that the Customer shall Only be obligated to purchase software Ilcenses It it elects to continue to use and host the Sensus software. Sensus acknowledges and
agrees at the time of termination and subsequent purchase, the Customer Is the sole owner of any hardware purchased by the City from Sensus. Customer shall
own all raw end user data. Sensus shall continue tc own all Intellectual Property created during the term of the Agreement, including any aggregated and
anonymlzed data.
B. Software as a Service Definition.
1. "Software as a Service" means of the following services:
I.. Use of RNI. hardware, located at Sensus' or a third party's data center facility (as determined by Sensus), that is necessary to operate the AMI System.
ii. Initial training (not to exceed five days) on the use of the AMI System and all product documentation, including any updates to product documentation.
Iii. Providing Patches, Updates, and Upgrades to latest Sensus FlexWare Software releases.
Iv. Providing FCC spectrum, pursuant to the terms of the spectrum lease, to operate the AMI System (for USA customers).
v. Providing remote firmware maintenance for FlaxNet Base Stations and SmartPolnt Modules (Customer must provide IP access to each FlexNet Base
Station In order to perform secure shall (SS H) functions).
wI. Providing certain third party software required to operate the RNI ispedficatly, Microsoft SOL server, Microsoft Windows Server, Red Flat Linux OS, and
other Bundled Software).
vii. Providing secure Web portal access to the hosted FlexWare Software application for the Customer (Customer system administrator grants RNI access to
authorized Customer personnel as They are added),
viii. if requested, submitting a "daily reading file" it standard file format containing hourly consumption reads and all available alarms collected by the AMI
System, including exception reports, such as zarc consumption reads and non - responding meters (including traceability to the meter location when the
mete* installer provides the location informationi,
ix. 24x7x365 server and network monitoring and trouble ticket generation, advanced security monitoring and preventative maintenance monitoring using
diagrostfc software tools.
x. Network optimization after the final propagation study and FlexNet Base Station site plan is verified by Sensus, and network tuning of endpoints deployed
In the Service Territory,
xi. Pe caning daily off -site vaulting of encrypted backup tapes containing one yea rof history for auditing purposes,
xii. Providing current Sensus fixed base reporting software (for up to 50,000 SmartPoint Modules) for up to thirteen (13) months of hourly data retention for
basic reporting, route processing and querying functionality.
xin. Providing telephone support consiste nt with the Sensus Technical Support as set forth in Exhibit B.
xW. Providing "hat faIlover' disaster recovery solution within twenty four (24) hours.
XV. Provding FlexNet Base Station parts repair or replacement, at Sensus' discretion, ThIs excludes Feld repair labor and field maintenance labor.
2. "Software as a Service" does not include any of the following services:
i. Normal periodic processing of accounts or readings for Customer's billing system for billing or other analysis purposes (other than daily file delivery),
1. Field labor to troubleshoot any Sma Vol nt Modules in the field in meter populations that have been previously accepted.
iii. First response labor to troubleshoot FlexNet Base Station, Echo Transceivers, Remote Transceivers or other Field network equipment,
iv. Parts c r labor required to repair damage to any field network equipment that is the result of a Force Majeure event
v. Customer understands that the Sensus route manager meter data management (MOM) application is limited to 50,D00 or fewer 9maVoint Modules, and
Customer must utilize an enterprise MD MS (or other suitable solution) to manage reading data when system size exceeds 50,000 SmaVoint Modules.
If an item Is not listed In subparagraphs (1) or (2) above, such item is excluded from the Software as a Sery ce and is subject to additional pricing.
II Further Agreements
A. System Uptime Rate
1, Sensus (or its contractor) shall host the FlexWare Software application on computers owned or controlled by Sensus (or its contractcrs) and shall provide
Customer access to the hosted FlexWare Software application via Internet c point to point connection (i.e„ Hosted - Access use), according to the terms
below. Sensus endeavors to maintain an average System Uptime Rate equal to ninety -nine (99.0) per Month (as defined below). The System Uptime Rate
shall be calculated as follows:
System Uptime Rate = 100 x JMO — Total Non-scheduled downtime minutes 1n the Month)
TMO
2. Calculations
t. " Targeted Minutes of Operation" or" TMO" means total minutes in the applicable n'onth ( "Month ") minus the Scheduled Dow. itime 1n the Month.
ti "Scheduled Downtime" means the number of minutes during the Month, as measured by Sensus, in which access to the FlexWare Software is
scheduled to be unavailable for use by Customer due to planned system maintenance. Sensus shall provide Customer notice (via amaii or
otherwise) at least seven (7) days in advance of commencement of the Scheduled Downtime.
iii. "Non- Scheduled Downtime" means the number of minutes during the Month, as measured by Sensus, in which access to FlexWare Software is
unavailable for use by Customer due to reasons other than Scheduled Downtime or the Exceptions, as defined below (e.g., due to a need for
unplanned maintenance or repair).
3. Exceptions. "Exceptions" mean the following events:
RES.A CONFICENTIAL�j �a�e� ti� Of 165
sEnsus
t. =orce Majeure;
ii, Emergency Work, as defined below; and
GI. _ack of IntemetAvathebilfty, as described below.
4. Emergency Work. In the event that Force Male ure, emergencies, dangerous conditions or-other exceptionai circumstances arise or continue during TMO,
Sensus shall be entitled to take any actions that Sensus, in goad faith, determines is necessary or advisable to prevent, remedy, mitigate, or otherwise
address actual or potential harm, intemlptton, loss, threat, security or like concern to any of the Host Systems or the FlexWare Software ("Emergency Work
"), Such Emergency Work may include, but is rot limited to: analysis, testing, repair, maintenance, re- setting and other servicing of the hardware, cabling,
networks, software and other devices, materials and systems through which access to andlor use of the FlexVVare Software by the Customer is made
available (the "Host Systems "). Sensus shall endeavor to provide advance notice of such Emergency Work to Customer When practicable and possible.
5. Lack of Internet Availability. Sensus shall not be responsible tar any deterioration of performance attributable to latencies in the pubic intemet or point -to-
point network connection operated by a th ird party. Customer expressly acknowledges and agrees that Sensus does not and cannot control the Flow of data
to or from Sensus' networks and other portions of the Internet, and that such flow depends in part on the performance of Intemel services provided or
controlled by third parties, and that at times, actions or inactions of such third parties can impair or disrupt data transmitted through, and/or Customer's
connections to, the Internet or point -lo -point data connection (or portions thereot)l. Although Sensus will use commercially reasonable efforts to tape actions
Sensus may deem appropriate to mitigate the effects of any such events, Sensus cannot guarantee that such events will not occur. Accordingly, Sensus
disclaims any and all liability resulting from or relating to such events.
Host Site. Sec uriry. Although Sensus may modify such security amaregaments without consent or notice to Customer, Customer acknowledges the fallowing
are the cu rent arrangements regarding physical access to and support of the primary hardware components of the 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 uninterruptible power supply (UPS) devices and diesel generators or other altematiue power for back -up electrical
power
3. Air - conditioning facilities (for humidity and lemperature controls) are provided in or for such computer rooms) and can be monitored and adjusted for humidity
and temperature settings and control. Such air systems are supported by redundant, back -up and/or switch -over environmental units.
4. Such electrical and K systems are monitored on an ongoing basis and person net are available to respond to system emergencles (if 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 (1) carelessly, knowingly, intentionally or maliciously threaten, disrupt, harm, abuse or interfere with the FIWVVare Software, Host
Systems or any of their functionality, performance, security or integrity, nor attempt to do so; (ii) impersonate any person er entity, including, but not limited
to, Sensus, a Sensus employee or another user; or (iii) Forge, falsify, disguise or otherwise manipulats any identlfication information associated with
Customers access to or use of the FlexWare Software application.
3. The provisioning, compatibility, operation, security, support, and maintenance of Customer's hardware and software ( "Customer's Systems ") is
exclusively the responsibility of Customer. Customer is also responsible, In particular, for oorrectly con Figuring and maintaining (h) the desktop environment
used by Customer to access the FlexWare application hosted by Sensus; and (u) Customers network router and firewall, if applicable, to allow data to
flow between the Customer's Systems and Sensus' Host Systems in a secure me nine rvia the public Intemat,
4. Each of Customer's authorized users will receive a usememe and password upon complation of the applicable Sensus registration process ( "Authorized
Users"), Such usernames and passwords will allow Authorized Users to access the Flexl'Vare Software application. Customer shall be solely responsible
for maintaining the security and confidentiality of each user ID and password pair associated with Customer's account, and Sensus will not be liable for
any loss, 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 ft} not to allow anyone
othef than the Authorized Users to have any access to, or use of Custameris account or any user ID and password pairs at any time; (it) to notify Sensus
immediately of any 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 confidenllality; and (ii1) to take the Sensus - recommended steps to log out from and otherwise exit the
Flex%Vare Software application and Host Systems at the end of each session. Customer agrees that Sensus shall be entitled to rely, without inquiry, c
the validity of the user accessing the FlexWare Software application through Customers aoaount, account ID, usemames or passwords.
D. Disaster Recovery. In the case of a disaster and loss of access to or use of the FlexWare Software application, Sensus shall use commercially reasonable
efforts to restore operations at Me same location or at a backup location wilhin twenty tour (24) hours. Customer acknowledges and agrees that such an event
may result in partial or degraded service when restored. The pre-d sasterlloss level of service shall be restored as a soon as commercially reasonable.
if Sensus Is providing Customer with a Itcense to use Harris Software, Customer agrees to the following:
Cuslamer License Agreement
1. No license is given to the Cuslamer [or the source code to the Harris Software. Tire Cuslomer agrees Thal it Wil nil attempt to derive, or lu mil W help otters to derive the source code reiakng to
the Harris Software or attempt to olherwnse covert or slier the Harris Software into human readable code The Customer f idhar agrees that it will not attempt to duplicEie, or pomiil or help others
fo dupticate, the source code relaling to the Harris Sorrware.
2. The Cuslorner shall have no right b modiH the Harris Saitwaresupplied by Sensus for Cuslomers use under this Customer llcanse Agreement wilhoul the prior written approval and direction of
Sensus and Harris.
3. Customer shall not sublicense or permit the sublicense of any of the rights granted to Ilse Customer related to the Harris Software.
4. The Customer agrees Mat it unit nol, except as otherwisa expressly provided in [his Customer License Agreeme it or except as dictaled by Customers standard computer system's bookvp
procedures andfor Iasi environments, make or alkrvr others to make copies or reproductions or the Harris Software or other proprietary information in arty form.
5. The Custorrer will ensure Mal Me universal Copyright Covention symbol and oilier copyright and proprietary notices of Harris will remain on the Harris Sonware In machine-readable term.
S. The Customer will take Me same care to safeguard the Harris Software as it lakes to safeguard its own conlidennal informallori and such care shaft not he any less Man would be Iakei+ by a
reasonable mrson to safeguard its own cool +den Gat ineormatlon.
7 No third part', oilier than duly aufhorized agents or employees ce the Customer aulhorued pursuant to the licenses issued hereunder, shall have access to or use of the Harris Sotmwe.
a To enable Harris to provide effective support. the Customer shalt allow Harris to have female access to the Harris Software and shall permit Harris to use online diagneslics if required dudnp
problem diagnosis
RES.A CONFIDENTIAL-1 165
Exhibit B
Technical Support
1. Introduction
SEnsus
Sensus Technical Services provides utility customers with a single point of contact for Tier 1 support of technical issues as well as any coordination of additional
resources required to resolve the issue. Bequests that require specialized skills are to be forwarded to a senior support engineer or Technical Advisor within the
team for further analysis. If Technical Services has exhausted all troubleshooting efforts for the product type, the issue will escalate to the Engineering Support
Team. Oocasloaally, on -site troubleshootinglanalysis may be required. The preferred order of on site support is
a) The Customer (for assistance with the easiest and lowest I me- consuming activities such as power empower off).
b) The local distributor.
c) Sensus employees or contracted personnel, if required to fulfill a contract comm 1 Imen I.
Support Categories
2.1. General questions regarding functionality, use of product, how -to, and requests for assistance on Sensus AMR, AMI, RF Network Equipment, Metedng
Products and Sensus Lighting Control.
2.2. Proactive reporting and resolution of problems.
2.3. Readve reporting to isolate, document, and salve reported hardwarelsoftware defects.
2.4. Responding to service requests and product changes.
2.5. Addressing customer inquiries with printed or electronic documentation, examples, or additional explanationlolarification.
Support hours
3.1. Standard Support Hours: Toll -free telephone suppert (1- 1300- 638 -3 748 option #2) is available Monday thru Friday from 8:ODAM EST io 5:00PM EST. After -
hours, holiday and weekend support for Severity 1 and Severity 2 issues is available by calling 1- 800.838 -3748, option Q.
4. Support Procedures
4.1. Customer identifies an issue or potential problem and calls Technical Services at 1- 800 - 638.3748 Option #2. The Customer Service Associate or Technical
Support Engineer will submit a Support ticket
42 The Customer Service Associate or Technical Support Engineerwill identify the caller name and utility by the assigned software serial number, city, and state
In which the call originated. The nature of the problem and seventy levels will be agread upon by both parties (either at the time the issue is entered or prior to
upgrading or downgrading an existing issue) using the severity definitions below as a guideline. The severity level is then captured Into a support ticket for
creation and resolution processing. Any time during :he processing of this ticket, if the severity eve is changed by Sensus, the customer will be updated.
Severity Levels Description;
Sev1 Customer's production system is down. The system is unusable resulting in total disruption of work. No workaround is available and requlres
immediate attention.
Example: Network mass outage, all reading collection devices inoperable, Inoperable head end software (e.g., FlexWare, Sensus MI7M).
Sev2 Major system featurelfunctlan failure. Operations are severely restricted; there Is a m*r disruption of work, no acceptable work - around is
available, and failure requires immediate attention.
Examples: Network equipment failure (e.g.. FlexNet Echo, FlexNat Remote, Base Station transceiver, or VGB); inoperable reading devices (e.g.,
AR5500, VXU, VGB, or CommandUnk); head end software application has Important functionality not working and cannot create export file for billing
system operations.
Sev3 The system is usable and the issue doesn't affect critical overall operation.
Example: Minor network equipment failure (e.g., EcholRemote false alarms or Base Station transceiver false alarms); head and software application
operable but reports are not running property, modAcation of view or some non - critical function of the software is not running,
Sev4 Mirror system issues, questions, new features, orenhan came nt requests to be corrected in future versions.
Examples: Minor system issues, general questions, and "How -To" questions.
4.1 The Customer Service Associate or Technical Support Engineer identifies whether or not the customer is an support. If the customer is not an support, The
customer is advised of the service options as well as any applicable charges that may be billed,
4,4. Calls are placed in a queue from which they are accessible to Technical Support Engineers on a first- come -First -serve basis, A First level Customer Service
Associate may assist the customer, depending on the difficulty of the call and the rapresentafrve's technical knowledge, Technical Supporl Engineers (Tier 1
supp4 typically respondlresolve the majority of calls based on their product knowledge and experience. A call history for the particular account is researched
to note or existing pattern or if the fall is a new report. This research provides the representative a basis and understanding of the account as well as any
associated problems andlor resolutions that have been communicated.
a. Technical Services confirms that there is an issue or problem that needs further analysis to determine its cause. The following information must he
collected; a detailed description of the issue's symptoms, details on the softwaralhardware product and version, a description of the environment in
which the issue arises, and a list of any corrective action already taken.
b. Technical Services will check the intemal database and product defect tracking system, to see if reports of a similar problem exist, and If any working
solutions were provided. If an existing resolution is found that will address the reported issue, It shall be communicated to the customer. Once It is
con-Irmed that the issue has been resolved, the ttckel is closed.
Q If there Is no known defect or support that defines the behavior, Technical Services will work with the customer to reproduce the issue. If the issue can
be reproduced, either at the customer site or within support center test lab, Technical Services will escalate the ticket for furthor investigation f resolution,
If the issue involves units that are considered to be defective with no known reason, the representative will open a Special Investigalien RMA through The
Support system. If It is determined that a sample Is required for further analysis, the custome.- will be provided with Instructlons that detail where to send the
product sample(s) for a root cause analysis. Once ii is determined that the issue cannot be resolved by Tier 1 resources, the ticket will be escalated to Tier 2
RES.A CON FIOENTI Lg9g§e19§00f 165
sEnsus
support for confimnationlworkarounds to resolve immediate issue. Technical Services will immediately contact the customer to advise of the escalation. The
response and escalation times are listed in Section 5. At this time, screen shots, log files, configuration files, and database backups will be created and
attached to the ticket.
5. Response and Resolution Targets.
Sensus Technical Support will make every reasonable effort to meet the following response and resolution targets;
Seventy
Standard Target
Standard Target Resolution
Resolution tone or more of the foilowtngy
Response
Immediately assign trained and qualified
' Satisfactory workaround is provided.
Services Staff to correct the error on an
• Program patch is provided.
t
36 Minutes
expedited basis. Provide ongoing
. Fix incorporated into future release.
communication on the status of a
. Fix or workaround incorporated into the Support
correction.
Knowledge Base.
a Satsfactory workaround Is provided.
Assign trained and qualified Services
■ Program patch is provided.
2
4 hours
Staff to correct the error. Provide
. Fix incorporated into future release.
communication as updates occur.
. Fix or workaround incorporated into the Support
Knowledge Base.
■ Answer to question is provided.
5atlsfactory workaround Is provided.
3
1 Business day
90 business days
. Fix or workaround incorporated into the Support
Knowledge Base,
■ Fix incorporated into future iiaIease.
Answer to question is provided,
4
2 Business days
12 months
. Fix or workaround incorporated into the Support
Knowled a Base.
6, Problem Escalation Process
81 If the normal support process does not produce the desired results, or if the severity has changed, the issue maybe escalated as follows to a higher level of
authority.
6.1.1. Severity 1 issues are escalated by Sales or Technical Services to a Supervisor if not resolved within 2 hours; to the Manager level if not resolved
within 4 hours; to the director level if not resolved within the same business day; and to the VP level if not resolved within 24 hours.
6.11. 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.
6.1.3. in the event that a customer is not satisfied with the level of support or continual problem with their products, they may escalate a given Support
ticket to Manager of Technical Services (1.800 -63a -3748, Option 2).
General Support Provisions and Exclusions.
7.1. A Dell- provided lhree -year Prasupport hardware service plan plus a 4 hour "Mission Critical' upgrade accompanies the servedsystem hardware that Sensus
procures on behalf of the customer. Sensus does not warrant third party server hardware. The customer may renew the ProSup port service plan directly with
dell. The "dell Master Services Agreement' and 'Pro Support for IT Services description" documents may be found at www. dell .ccmtservice contracts,
7.2. Sensus procures cerlain third party software licenses (e.g. Red Hat Enterprise Linux) required to operate the FlexNet -based applications on the dell hardware .
Sensus registers all the applicable third party software licenses in the customer's name and ships all documentation and licensing Information to the customer
with the server. The customer is responsible for maintaining all third party software licenses.
7,3. In the event of a server hardware failure at the customer sile, Sensus will provide replacement Sensus proprietary software (e.g., FlexWare) either on digital
media or downloadabte from an Internet site, as necessary. The method of software redistribu t on is at Sensus' discr6on. The customer is responsible for re-
installing the replacement software. Sensus installation support is not covered under this standard Technical Support program but may he provided as a fee -
based senfice.
7.4. Sensus pmvides online documentation for Sensus products through the Sensus User Forum ( htt p:l lmyfl exnetsystem .romlModuleluserlLogin ). All Sensus
customers are provided access to this online database, which includes operation, configuration and technical manuals, Sensus also hosts periodic user group
teleconferences to facilitate the interchange of product ideas, product enhancements, and overall customer experiences. The customer shall provide names
and email accounts to Sensus so Sensus may provide access to the Portal.
7.5. Specialized support from Sensus Is available on a fee basis to address support issues outside the scope of this support plan or if not covered under another
specific maintenance contract. For example, specialized systems integration services or out of warranty network equipment repair that is not covered under a
separate maintenance contract.
RES.A CONFIOENTIAPI'riag9499 of 165
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 110 of 165
2015
: Name I Start Finish Au Se
tract Negotiations Complete Mon 8/17/15 Mon 8/17/15 ♦ 8/17
Contract Signed
Notice to Proceed Tue 8/18/15 Tue 8/18/15 ♦ 8/18
Project Management Kick -Off Mon 8/24/15 Mon 8/24/15 ♦ 8/24
Meeting
Order Lead -time for Collectors, Tue 8/25/15 Mon 10/5/15 -
Meters, Radios, and Software
Logic Software Integration & Tue 9/1/15
Mon 10/12/15
Wed 11/18/15
Installation
Fri 11/20/15
Thu 9/8/16
Fri 9/8/17
Tue 1/3/17
Collectors Site Preparation and Thu 9/3/15
Tue 11/24/15
Tue 11/24/15
Thu 10/1/15
Installation
Fri 12/15/17
Project: AMISchedule3
Sensus Validation Meeting Thu 9/24/15
Duration-only
Y
j
Fri 9/25/15
Phase 1 -Large Meters & District 5 Mon 10/5/15
Thu 12/24/15
Installation
Project Summary
Manual Summary Rollup ♦
Prerequisite Software Training Tue 11 /10/1 51 Wed 11/11/15
Software Training
Radio Installation and Field
Programming Training
Phase II- District 1 & 3
Phase III - District 4 & 2
Mon 11/16/15
Thu 11/19/15
Mon 1/4/16
Wed 11/18/15
j
♦ 11/24
Fri 11/20/15
Thu 9/8/16
Fri 9/8/17
Tue 1/3/17
Provide Sensus Manuals
Tue 11/24/15
Tue 11/24/15
Closeout Project
Thu 12/14/17
Fri 12/15/17
2016
2017
01
Task
Inactive Milestone I
nish -only
Split.........................
Inactive Summary .........................
External Tasks
Milestone
♦ Manual Task
External Milestone
Project: AMISchedule3
Summary
Summa
Duration-only
Y
Progress
Date: Tue 7 /28/15
Project Summary
Manual Summary Rollup ♦
Deadline
External Tasks
Manual Summary
External Milestone
♦ Start -only
Page 1
01
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 112 of 165
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 IIO and accuSTREAMI 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 regls,tration 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:
New Meter Accuracy Repair Meter Accuracy
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
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 MeterAccuracy
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 -1/2" 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 MeterAccuracy
1.1/2" SR Meter 5,000,000 gallons
2" SR Meter 8,000,000 gallons
V. PMMO 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 MeterAccuracy
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 MeterAccuracy
1 -1/2" PMM 5,000,000 gallons
2" PMM 8,000,000 gallons
VII. iPERi Water Management Systems...
that register water flow are warranted to perform to the accuracy levels set forth in the
PERIL Water Management System Data Sheet (IPL -110), available at www.sensus.
RES.A
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, OMNITM' Meters and Propeller Meters...
are warranted to perform to AWWA New Meter Accuracy Standards for one (1) year
from the date of Sensus shipment.
X. Sensus accuMAGI 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.
XI. Sensus Registers...
are warranted to be free from defects in material and workmanship from the date
of Sensus shipment for the periods 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
Standard Registers 25 years
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, 51OR 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 FlexNet'"" System AMI Interface
Devices... (continued)
Remote Transceiver 1 year
iConA and FlexNet Electricity SmarlPoint Module 1 year
iPERL System Battery and iPERL System Components 20 years*
Residential Electronic Register 20 years*
(continued)
S E rFS 01f 165
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 two firmware downloads during the life
of the product) and batteries,
Residential Electronic Register with hourly reads
PERIL System Batteries, and /or the iPERL System flowtube, the flow sensing and
data processing assemblies, and the register ( "iPERL 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 (ii)
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 Semsus, 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 WAR1RANTIES.
XV. 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
FREKS.K- 27615
1 -800- 638 -3748
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 of 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 -
INFRINGEMENT AND TITLE.
SENSUSASSUMES NO LIABILITY FORCOSTS OR EXPENSESASSOCIATED 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.
XVI. Limitation of Liability...
SENSUS'AGGREGATE LIABILITY INANYAND ALL 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 (111) 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 ELECTRIC ITYM/ATER /GAS, AS APPLICABLE.
The limitations on (lability 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.
1 f 165
SE Il
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 115 of 165
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
Bonding Documents To Be Provided At Time of Contract Acceptance
RES.A Page 116 of 165
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 perforin 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 fiilly do and perform all matters and things by them undertaken to be performed
under said Contract, upon the teens 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 performance
of said work, and shall in all respects faithfully perforin 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 perfonmance, 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 117 of 165
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 , 20
Principal
Surety
By
Attorney in Fact
Resident Agent's Address & Phone Number
RES.A Page 118 of 165
Automated Meter Infrastructure System Equipment and Services Contact
Between: City of Auburn and Ferguson
ATTACHMENT "H"
Project CP1317, Water Meter & Billing System Improvements, Contract No. 15.11
PREVAILING WAGE RATES
All Prevailing Wale 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 119 of 165
C -M OF
AUBURN
WASH I NG1K)N
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Resolution No. 5158 July 27, 2015
Department: Attachments: Budget Impact:
CD & PW Resolution No. 5158 $0
Existing TI P #169
Proposed M odified TI P #169
Administrative Recommendation:
City Council adopt Resolution No. 5158.
Background Summary:
The purpose of this Resolution is for the City Council to adopt a 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: August 3, 2015 Item Number: RES.B
RES.B AUBURN * MORE THAN YOU IMAGINED Page 120 of 165
RESOLUTION NO. 5158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE 2016 -2021 SIX -YEAR
TRANSPORTATION IMPROVEMENT PROGRAM OF THE CITY
OF AUBURN PURSUANT TO RCW CHAPTER 35.77
WHEREAS, the City is required to include projects on the Transportation
Improvement Program (TIP) in order to be eligible to apply for grant funds from
the Washington State Transportation Improvement Board; and
WHEREAS, pursuant to RCW 35.77.010, a public hearing to consider
amending the 2016 -2021 Transportation Improvement Program for the City of
Auburn was held on August 3`d at the hour of 7:00 p.m. in the Council
Chambers of the Auburn City Hall, pursuant to notice published in the legal
newspaper of the City of Auburn on July 23rd; and
WHEREAS, said amendment to the 2016 -2021 Transportation
Improvement Program of the City of Auburn was approved by the City Council
by motion duly made and carried in said hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. There is attached hereto and denominated as Exhibit "A" and
the terms of which are incorporated herewith by reference as though fully set
forth, a designation of the streets within the corporate limits of the City of
Resolution No. 5158
July 6, 2015
Page 1
RES.B Page 121 of 165
Auburn to be improved in the manner therein set forth during the year set for
the improvement of such street or streets.
Section 2. That the City Engineer of the City of Auburn is hereby
directed to forward a certified copy of this Resolution to the Washington State
Department of Transportation for filing not more than thirty (30) days after the
adoption of this Resolution.
Section 3. That the Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 4. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
DATED this day of August, 2015
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
Danielle E. Daskam,City Clerk
APPROVED AS TO FORM:
aniel B. Heid, City AttoErIney
Resolution No_ 5158
,July 6, 2015
Page 2
RES.B Page 122 of 165
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 -NIA
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
Funding Sources: Prior to 2015 Estimate
Total Project Cost
2016 2017 2018
2019 2020 2021
Beyond 2021
Unrestncted 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
- - -
1,426,000
Capital Expenditures:
Design 50,000
50,000 150,000 -
250,000
Right of Way -
- - -
-
-
Construction
1,175000
1 175 000
50,000 160,000 1. 76,0001
1,42 000
Total Expenditures: 50 000
Intersection, Traffic Signal, do Intelligent Transportation Systems Improvement Projects 65
RES.13 Page 123 of 165
Proposed Modified TIP #69
City ofAtiburn Transportation Improvement Program
Six Year Transportation Improvement Plan TIP# 69
ARTERIAL-STREET FUND (102)
Project Title: 22nd Street NE & I Street NE intersection
Project No: CP1513
Project Type: Capacity (Safety)
Project Manager: TBD
STIP# AUB -roc
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: 2016 YE
-Budget
Forecast Project Cost
Funding Sources: Prior to 2015 Esunote
Total Project Cost
2016 2017 2018
2019 2020 2021
Beyond 2021
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
66,000
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 -
1,175000
Total Expenditures: 200.R0
1 65,000
1,176,000
1430 000
Intersection, Traffic Signal, & Intelligent Transportation Systems Improvement Projects
RES.B Page 124 of 165
65
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 125 nt Pro 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 126 nt Pro ects 65
AuRN 'i`Y F tA
WASH I NGIU
Agenda Subject:
Resolution No. 5159
Department:
AGENDA BILL APPROVAL FORM
Attachments:
Community Development & Resolution No.5159
Public Works ExhibitA
Administrative Recommendation:
City Council adopt Resolution No. 5159.
Background Summary:
Date:
July 28, 2015
Budget Impact:
$0
RCW 39.34 authorizes cities and counties to enter into interlocal agreements, as
necessary, to work together on issues requiring joint action of parties. Since 2000, the
City of Auburn has been entering into interlocal agreements or amendments or
extensions thereto for participation in Water Resource Inventory Area (WRIA) 9 for the
purposes described therein, more specifically authorized through the approvals of
Resolution Nos. 3276 (November 6, 2000), 3376 (August 6, 2001), 3921 (October 17,
2005) and 4118 (December 4, 2006). The current WRIA 9 ILA expires on December
31, 2015. At its meeting on May 14, 2015, the WRIA 9 Watershed Ecosystem Forum
(WEF) unanimously approved a final WRIA 9 ILA for 2016 — 2025 for consideration by
each WRIA 9 city and county.
Please find attached Resolution No. 5159 that would give the Mayor the authority to
execute the 2016 -2025 ILA. Please also find attached the 2016 -2025 ILA.
The City's continued participation in the WRIA 9 interlocal agreement affords the City
the opportunity to address shared interests in and responsibilities with neighboring
jurisdictions pertaining to long -term watershed planning and conservation of the
aquatic ecosystems and floodplains of the Green River, Duwamish River, and Central
Puget Sound Watersheds. More specifically, since 2001, the seventeen (17) local
governments in the WRIA 9 interlocal agreement have interacted in a forum of local
governments that has provided a mechanism and governance structure for the joint
funding, development, review, and approval of the WRIA 9 Salmon Habitat Plan,
Making Our Watershed Fit for a King The Salmon Habitat Plan is the blueprint for
meeting the requirements of the federal Endangered Species Act and recovering the
Threatened Green River Chinook salmon population. As documented in the WRIA 9
RES.0 AUBURN * MORE THAN YOU IMAGINED Page 127 of 165
Implementation Progress Report (March 2015), $137 million in capital funding has
been obtained to implement the Salmon Habitat Plan.
The cost -share of the City's participation in WRIA 9 is identified in the 2016 -2025
interlocal agreement. It identifies a 2016 cost -share of $22,686.00 that has been
previously appropriated by the City Council in its approval of the City of Auburn 2015-
2016 Biennial Budget. Future costs for the City's participation for the years 2017 -2025
will need be addressed through the City Council's approval of biennial City budgets.
A draft version of the ILA was reviewed by the City Council on March 23, 2015. The
ILA has also been reviewed and informed by several of the other ILA Parties over the
course of its development, including by the WRIA 9 Management Committee and
WEF, and the King County Prosecuting Attorney provided legal review. The final ILA
contains the following substantive changes from the draft ILA reviewed by the City
Council in March:
• Section 1.2 - Clarifies that ILA Parties are those parties signing the agreement.
• Section 1.3 - Provides explicit statement that WEF is advisory body for
recommendations to implement the salmon plan (statement relocated from
Section 6.1).
• Section 4.4 - Adds language, specifying that cost share formula to be updated
every 3 years, and providing for a more frequent update for parties involved in
an annexation.
• Section 9.1 - Termination clause reworded to clarify that an ILA Party may
terminate annually with an effective date of January 1 upon at least 60 days prior
notice.
• Exhibit "A" to the ILA - Exhibit previously not included with draft ILA; specifies
2016 cost shares for member jurisdictions.
Community Development and Public Works Department staff have reviewed the ILA
to insure conformity and consistency with applicable City goals and policies. In
addition, the City Attorney's Office has reviewed and approved the ILA. The City
Council reviewed the Resolution and the ILA at its scheduled July 27, 2015 study
session.
Reviewed by Council Committees:
Other: Leglal, Planning
Councilmember:
Staff: Snyder
Meeting Date: August 3, 2015 Item Number: RES.0
RES.0 AUBURN * MORE THAN YOU IMAGINED Page 128 of 165
RES.0 AUBURN * MORE THAN YOU IMAGINED Page 129 of 165
RESOLUTION NO. 51 5 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE AN INTERLOCAL AGREEMENT (ILA)
AMONG THE PARTICIPATING JURISDICTIONS WITHIN
THE GREEN RIVER, DUWAMISH RIVER AND CENTRAL
PUGET SOUNDS WATERSHEDS WITHIN THE
GEOGRAPHIC PLANNING AREA OF WATER RESOURCE
INVENTORY AREA (WRIA) 9
WHEREAS, RCW 39.34 authorizes cities and counties to enter into interlocal
agreements, as necessary, to work together on issues requiring joint action of parties;
and
WHEREAS, since 2000, the City of Auburn has been entering into interlocal
agreements or amendments or extensions thereto for participation in WRIA 9 for the
purposes described therein, more specifically authorized through the approvals of
Resolution Nos. 3276 (November 6, 2000), 3376 (August 6, 2001), 3921 (October 17,
2005) and 4118 (December 4, 2006); and
WHEREAS, the current WRIA 9 ILA expires on December 31, 2015; and
WHEREAS, at its meeting on May 14, 2015, the WRIA 9 Watershed Ecosystem
Forum (WEF) unanimously approved a final WRIA 9 ILA for 2016 -2025 for
consideration by each WRIA 9 city and county; and
WHEREAS, the City of Auburn wishes to continue participating with neighboring
jurisdictions on matters beneficial to the Green River, Duwamish River and Central
Puget Sound Watersheds, particularly within the geographic planning area of Water
Resource Inventory Area 9 (which includes portions of Water Resource Inventory Areas
8, 10 and 15); and
Resolution No. 5159
July 20, 2015
RE9 ?8 1 of 3
Page 130 of 165
WHEREAS, through its continued participation in the ILA attached hereto, the
City of Auburn will address shared interests in and responsibilities with neighboring
jurisdictions pertaining to long -term watershed planning and conservation of the aquatic
ecosystems and floodplains of the Green River, Duwamish River, and Central Puget
Sound Watersheds through collectively providing for planning, funding and
implementation of various activities and projects therein; and
WHEREAS, the cost -share of the City's participation in WRIA 9 is identified in the
2016 -2025 interlocal agreement attached hereto with a 2016 cost -share of $22,686.00
that has been previously appropriated by the City Council in its approval of the City of
Auburn 2015 -2016 Biennial Budget; and
WHEREAS, future costs for the City's participation for the years 2017-2025 will
be addressed through the City Council's future approval of biennial City budgets.
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 a new interlocal
agreement (ILA) between the City and the other participating jurisdictions within the
WRIA 9 (Green /Duwamish and Central Puget Sound basin) in a form in substantial
compliance with the agreement attached hereto as Exhibit "A" and the Mayor is further
authorized to negotiate the amounts of future year contributions on behalf of the City
during the term of the ILA.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Resolution No. 5159
July 20, 2015
R ?S t2of3
Page 131 of 165
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:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
niel B. , City Attorney
Resolution No. 5159
.July 20', 2095
REFM of 3
Page 132 of 165
Exhibit A
INTERLOCAL AGREEMENT
For the Green River, Duwamish River, and Central Puget Sound Watersheds
within the geographic planning area of Water Resource Inventory Area 9 (which
includes portions of Water Resource Inventory Areas 8, 10, and 15)
PREAMBLE
THIS AGREEMENT ( "Agreement ") is entered into pursuant to Chapter 39.34 RCW by
and among the eligible county and city governments signing this Agreement that are located in
King County or Pierce County, lying wholly or partially within or having a major interest in the
Green River, Duwamish River, and Central Puget Sound Watersheds and within the planning and
management area of Watershed Resource Inventory Area 9, which includes portions of WRIA 8,
10, and 15, ( "WRIA 9 ") all political subdivisions of the State of Washington (individually, for those
signing this agreement, "Party ", and collectively "Parties ");
WHEREAS, the planning and management area of WRIA 9 includes all of the area
recognized by the State of Washington as WRIA 9 and portions of WRIA 8, 10, and 15;
WHEREAS, the Parties share interests in and responsibility for addressing long -term
watershed planning and conservation of the aquatic ecosystems and floodplains of the Green
River, Duwamish River, and Central Puget Sound Watersheds and wish to collectively provide for
planning, funding and implementation of various activities and projects therein; and
WHEREAS, the Parties have participated in an Interlocal Agreement for the years 2001-
2005 to develop "Making Our Watershed Fit for a King" as approved in 2005 and since amended
( "Salmon Habitat Plan "), contributed to the federally- approved Puget Sound Salmon Recovery
Plan, and desire to continue providing efficient participation in the implementation of such plans;
and
WHEREAS, the Parties took formal action in 2005 and 2006 to ratify the Salmon Habitat
Plan, and
WHEREAS, the Parties have participated in an extension of the 2001 -2005 Interlocal
Agreement and an Interlocal Agreement for the years 2007 -2015 in implementing the Salmon
Habitat Plan; and
WHEREAS, the Parties have demonstrated in the Salmon Habitat Plan that watershed
ecosystem services are worth billions of dollars of value to local people in terms of stormwater
management, pollution treatment, recreational value, and other expensive and difficult to replace
services; and
WHEREAS, the Parties seek information on watershed conditions and salmon
conservation and recovery needs to inform local decision - making bodies regarding actions in
response to listings under the Endangered Species Act ( "ESA "); and
WHEREAS, the Parties have prioritized and contributed resources and funds for
implementing projects and programs to protect and restore habitat; and
ILA_ WRIA9_2016- 2025_05- 14- 2015.docx Page 1
RES.0 Page 133 of 165
WHEREAS, the Parties wish to monitor and evaluate implementation of the Salmon
Habitat Plan through adaptive management; and
WHEREAS, the Parties wish to continue to use adaptive management for identifying,
coordinating and implementing basin plans and water quality, flood hazard reduction, water
quantity, and habitat projects in the watersheds; and
WHEREAS, the Parties have a strong interest in participating on the Puget Sound
Salmon Recovery Council because of the contributions of the Green River, Duwamish River, and
Central Puget Sound Watersheds to the overall health of Puget Sound; and
WHEREAS, the Parties have a strong interest in participating on the Washington Salmon
Coalition and other groups associated with the Salmon Recovery Funding Board to collectively
seek funding to implement the Salmon Habitat Plan; and
WHEREAS, the Parties have a strong interest to implement the Puget Sound Partnership
Action Agenda to restore the Puget Sound to health and sustain that health by 2020; and
WHEREAS, the Parties have a strong interest in participating on the Puget Sound
Salmon Recovery Council and other entities associated with Puget Sound salmon recovery and
Puget Sound South Central Action Area Caucus Group to collectively seek funding to implement
the Salmon Habitat Plan; and
WHEREAS, the Parties have a strong interest to achieve multiple benefits by integrating
salmon recovery planning and actions; and
WHEREAS, the Parties recognize that identification of watershed issues, and
implementation of salmon conservation and recovery actions may be carried out more efficiently if
done cooperatively than if carried out separately and independently; and
WHEREAS, individual Parties are taking separate and independent actions to improve
the health of the Green River, Duwamish River, and the Central Puget Sound Watersheds and
the overall health of Puget Sound;
NOW, THEREFORE, the Parties hereto do mutually covenant and agree as follows:
MUTUAL CONVENANTS AND AGREEMENTS
1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning
provided for below:
1.1 ELIGIBLE COUNTY AND CITY GOVERNMENTS: The local governments eligible for
participation in this Agreement as parties are King County, and the Cities of Algona,
Auburn, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way, Kent,
Maple Valley, Normandy Park, Renton, SeaTac, Seattle, Tacoma, Tukwila, and any
newly incorporated city that lies fully or partially within the boundaries of WRIA 9.
1.2 WRIA 9 ILA PARTIES: The Parties to the WRIA 9 Interlocal Agreement are the
Parties who sign this Agreement and are the Parties responsible for implementing this
ILA_ WRIA9_2016- 2025_05- 14- 2015.docx Page 2
RES.0 Page 134 of 165
Agreement. The Parties to this ILA shall each designate a representative and alternate
representative to the WRIA 9 Watershed Ecosystem Forum.
1.3 WRIA 9 WATERSHED ECOSYSTEM FORUM: The WRIA 9 Watershed Ecosystem
Forum referred to herein is the cooperative body comprised of the designated
representatives of the WRIA 9 ILA Parties and a balance of Stakeholder
representatives and any other persons who are deemed by the Parties to this Agreement
to be appropriate members for the implementation of the Salmon Habitat Plan. The
WRIA 9 Watershed Ecosystem Forum shall be an advisory body responsible for
making recommendations for implementing the Salmon Habitat Plan including
substantive plan amendments recommended as a result of adaptive management or
other changed conditions.
1.4 GREEN /DUWAMISH AND CENTRAL PUGET SOUND WATERSHED WATER
RESOURCE INVENTORY AREA 9 SALMON HABITAT PLAN: The Green /Duwamish
and Central Puget Sound Watershed Water Resource Inventory Area 9 Salmon
Habitat Plan (2005 Salmon Habitat Plan or Salmon Habitat Plan) is the plan
developed by the WRIA 9 Watershed Ecosystem Forum and ratified by all of the
parties to an interlocal agreement for its development and implementation. The Salmon
Habitat Plan recommends actions that should be taken to protect and restore salmon
habitat, using an ecosystem approach, in the Green /Duwamish and Central Puget Sound
Watersheds. The Salmon Habitat Plan may be amended from time to time according to
the procedure in Section 6 herein and approved amendments shall be considered
integral parts of the Salmon Habitat Plan. Efforts under the Salmon Habitat Plan are
intended to complement habitat improvements in other parts of Puget Sound and
hatchery and harvest actions to recover Puget Sound Chinook salmon, steelhead, and
bull trout, and when implemented achieve multiple ecosystem benefits. The Salmon
Habitat Plan constitutes a chapter of the Puget Sound Salmon Recovery Plan.
1.5 MANAGEMENT COMMITTEE: The Management Committee as referred to herein
consists of seven (7) elected officials or their designees. The seven officials of the
Management Committee are chosen by the WRIA 9 ILA Parties, according to the
voting procedures in Section 5 herein, charged with certain oversight and administrative
duties on the WRIA 91LA Parties' behalf.
1.6 SERVICE PROVIDER: The Service Provider, as used herein, means that agency,
government, consultant, or other entity which supplies staffing or other resources to and
for the WRIA 9 ILA Parties, in exchange for payment. The Service Provider may be a
Party to this Agreement.
1.7 FISCAL AGENT: The Fiscal Agent refers to that agency or government which performs
all accounting services for the WRIA 9 ILA Parties as it may require, in accordance with
the requirements of Chapter 39.34 RCW.
ILA_ WRIA9_2016- 2025_05- 14- 2015.docx Page 3
RES.0 Page 135 of 165
1.8 STAKEHOLDERS: Stakeholders refers to those public and private entities within WRIA
9 who reflect the diverse interests integral to implementing the Salmon Habitat Plan,
and may include but is not limited to environmental and business interests.
2. PURPOSES. The purposes of this Agreement include the following:
2.1 To provide a mechanism to protect and restore the ecological health of the
Green /Duwamish Rivers and Central Puget Sound Watersheds.
2.2 To provide a mechanism, through an annually agreed upon work plan, for implementing
and coordinating local efforts to address issues with watershed -wide or basin
implications, including but not limited to flood hazard reduction, floodplain management,
surface and groundwater quality, water quantity, and habitat.
2.3 To provide information for WRIA 9 ILA Parties to inform land use planning, regulations,
environmental programs, education, and enforcement of applicable codes.
2.4 To provide a mechanism and governance and funding structures for jointly implementing
the Salmon Habitat Plan.
2.5 To develop and take actions on key issues during the implementation of the Salmon
Habitat Plan.
2.6 To provide a mechanism for cooperative review and implementation of recommended
policies and regulations needed for response to listings under the Endangered Species
Act.
2.7 To provide a venue for the ongoing participation of citizens and other stakeholders in
salmon recovery and other watershed efforts and to ensure continued public outreach
efforts to educate and garner support for current and future watershed and Endangered
Species Act listed species response efforts by local governments and in accordance with
the Salmon Habitat Plan.
2.8 To provide a mechanism for securing technical assistance and any available funding from
federal, state, and other sources to implement the Salmon Habitat Plan.
2.9 To provide a mechanism for implementing other multiple benefit habitat, surface and
groundwater quality, water quantity, floodplain management, and flood hazard reduction
projects with other local, regional, tribal, state, federal and non - profit funds as may be
contributed to or secured by the WRIA 9 ILA Parties and Watershed Ecosystem
Forum.
2.10 To annually recommend WRIA 9 administrative support, projects, and programs for
funding by the King County Flood Control District through the District's Cooperative
Watershed Management grant program.
2.11 To annually recommend projects for implementation of planning, engineering, permitting
and construction tasks for the Green /Duwamish Ecosystem Restoration Project in
partnership with the U.S. Army Corps of Engineers.
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2.12 To provide a framework for cooperating and coordinating among the Parties on issues
relating to WRIA 9 to meet the requirement of a commitment by any Party to participate in
WRIA 9 planning and implementation, to prepare or implement a basin plan, or to
respond to any state or federal law which may require these actions as a condition of any
funding, permitting or other program of state or federal agencies. Participation is at the
discretion of such Party to this Agreement.
2.13 To provide a mechanism to approve and support, through resources and funding from
grant sources or other means, implementation of restoration and protection projects and
programs.
2.14 To provide a mechanism for on -going monitoring and adaptive management of the
Salmon Habitat Plan as defined in the Plan and agreed to by the WRIA 9 ILA Parties
and Watershed Ecosystem Forum.
It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the
authority or role of any jurisdiction, governmental entity or water quality policy bodies including
the Regional Water Quality Committee.
3. EFFECTIVE DATE AND TERM. This Agreement shall become effective upon its execution by at
least five (5) of the eligible local governments within WRIA 9 representing at least seventy
percent (70 %) of the affected population within the geographic area of WRIA 9, as authorized by
the legislative body of each local government, and further provided that after such signatures this
Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and
.200. Once effective, this Agreement shall remain in effect for an initial term of ten (10) years;
provided, however, that this Agreement may be extended for such additional terms as the Parties
may agree to in writing with such extension being effective upon its execution by at least five (5)
of the eligible local governments within WRIA 9 representing at least seventy percent (70 %) of
the affected population within the geographic area of WRIA 9, as authorized by the legislative
body of each local government, and further provided that after such signatures this Agreement
has been filed by King County in accordance with the terms of RCW 39.34.040 and .200. Such
extension shall bind only those Parties executing the extension.
4. ORGANIZATION AND MEMBERSHIP. The Parties to this Agreement serve as the formal
governance structure for carrying out the purposes of this Agreement.
4.1 Each Party to this Agreement except Tacoma shall appoint one (1) elected official to
serve as its primary representative, and one (1) alternate representative to serve on the
WRIA 9 Watershed Ecosystem Forum. The alternate representative may be a different
elected official or senior staff person. Tacoma's representative shall be the Tacoma
Water Superintendent or designee, which designee shall be a senior staff position.
4.2 Upon the effective execution of this Agreement and the appointment of representatives to
the WRIA 9 Watershed Ecosystem Forum, the appointed representatives of the WRIA
9 ILA Parties shall meet and choose from among its members, according to the
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provisions of Section 5 herein, seven (7) officials or their designees, to serve as a
Management Committee to oversee and direct the scope of work, funds, and personnel
agreed to and contributed under this Agreement, in accordance with the adopted annual
budget and work program and such other directions as may be provided by the WRIA 9
ILA Parties. Representatives of the Fiscal Agent and Service Provider may serve as
non - voting ex officio members of the Management Committee. The Management
Committee shall act as the executive subcommittee of the WRIA 9 ILA Parties,
responsible for oversight and evaluation of any Service Providers or consultants,
administration of the budget and work plan, and for providing recommendations on
administrative matters to the WRIA 9 ILA Parties for action, consistent with other
subsections of this section. The appointed representatives of the WRIA 9 ILA Parties
shall consider new appointments or reappointments to the Management Committee
every two years following its initial appointments.
4.3 The services cost - shared under this agreement shall be provided to the WRIA 9 ILA
Parties and the Watershed Ecosystem Forum by the Service Provider, which shall
be King County Department of Natural Resources and Parks, unless selected otherwise
by the WRIA 91LA Parties. The Management Committee shall prepare a Memorandum
of Understanding to be signed by a representative of the Service Provider, and the
Chair of the WRIA 9 Management Committee., and this Memorandum of Understanding
shall set out the expectations for services so provided. Services should include, without
limitation, identification of and job descriptions for dedicated staff, description of any
supervisory role retained by the Service Provider over any staff performing services
under this Agreement, and a method of regular consultation between the Service
Provider and the Management Committee concerning the performance of services
hereunder.
4.3.1 A subset of the Parties to this Agreement may purchase and cost share services
from the Service Provider in addition to the annual cost - shared services agreed
to by all Parties pursuant to Section 4.3 herein.
4.3.2 The Management Committee shall prepare a Memorandum of Understanding to
be signed by a representative of the Service Provider, and the Chair of the
WRIA 9 Management Committee, which shall set out the expectations for the
additional services to be provided to the subset of the Parties to this Agreement.
4.4 The WRIA 9 ILA Parties by September 1 of each year shall establish and approve an
annual budget that provides for the level of funding and total resource obligations of the
Parties for the following calendar year. Such obligations are to be allocated on a
proportional basis based on the average of the population, assessed valuation and area
attributable to each Party to this Agreement, in accordance with the formula set forth in
Exhibit A, which formula and accompanying data shall be updated every third year by the
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WRIA 9 Management Committee. Individual Party cost shares may change more
frequently than every three years for Parties involved in an annexation that changes the
area, population, and assessed value calculation of such Party to the extent that the cost
shares established by the formula set forth in Exhibit A would be changed by such
annexation. Tacoma's cost share will be determined on an annual basis by the
Management Committee, and will be included in the annual updates to Exhibit A. The
weight accorded Tacoma's vote for weighted voting pursuant to Section 5 herein shall
correspond to Tacoma's cost share for each year relative to the cost shares contributed
by the other Parties.
4.4.1 The level of funding, total resource obligations, and allocation of obligations for
those members of the Parties that agree to cost share additional services
pursuant to Subsection 4.3.1 herein shall be negotiated and determined by those
Parties purchasing the additional services.
4.5 The WRIA 9 ILA Parties shall incorporate the negotiated additional cost share and
incorporate the services in the annual budget and work plan. The WRIA 9 ILA Parties
shall oversee and administer the expenditure of budgeted funds and shall allocate the
utilization of resources contributed by each Party or obtained from other sources in
accordance with the approved annual work program.
4.6 The WRIA 9 ILA Parties shall review and evaluate the duties to be assigned to the
Management Committee hereunder and the performance of the Fiscal Agent and
Service Provider to this Agreement, and shall provide for whatever actions are
necessary to ensure that quality services are efficiently, effectively and responsibly
delivered in the performance of the purposes of this Agreement. The performance of the
Service Provider shall be assessed every year.
4.7 The Parties to the WRIA 9 Interlocal Agreement may contract with similar watershed
forum governing bodies such as the Puget Sound Partnership or any other entities for
any lawful purpose related to the purposes provided for in this Agreement. The Parties
may choose to create a separate legal or administrative entity under applicable state law,
including without limitation a nonprofit corporation or general partnership, to accept
private gifts, grants or financial contributions, or for any other lawful purpose consistent
with the purposes provided for herein.
4.8 The WRIA 9 ILA Parties shall adopt other rules and procedures that are consistent with
its purposes as stated herein and are necessary for its operation.
5. VOTING. The WRIA 9 ILA Parties shall make decisions, approve scopes of work, budgets,
priorities, and any other actions necessary to carry out the purposes of this Agreement as follows:
5.1 Decisions shall be made using a consensus model as much as possible. Each Party
agrees to use its best efforts and exercise good faith in consensus decision - making.
Consensus may be reached by unanimous agreement of the Parties. If unanimous
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agreement of members cannot be reached then the Parties to this agreement may reach
consensus by a majority recommendation with a minority report. Any Party who does not
accept a majority decision may request weighted voting as set forth below.
5.2 In the event consensus cannot be achieved, as determined by rules and procedures
adopted by the Parties to the WRIA 9 Interlocal Agreement, the WRIA 9 ILA Parties
shall take action on a dual- majority basis, as follows:
5.2.1 Each Party, through its appointed representative, may cast its weighted vote in
connection with a proposed WRIA 9 action.
5.2.2 The weighted vote of each Party in relation to the weighted votes of each of the
other Parties shall be determined by the percentage of the annual contribution
made by each Party as set in accordance with Section 4.4 herein in the year in
which the vote is taken.
5.2.3 For any action subject to weighted voting to be deemed approved, valid and
binding, an affirmative vote must be cast by both a majority of the Parties to this
Agreement and by a majority of the weighted votes of the Parties to this
Agreement.
6. IMPLEMENTATION and ADAPTIVE MANAGEMENT OF THE SALMON HABITAT PLAN. The
Salmon Habitat Plan shall be implemented consistent with the following:
6.1 The WRIA 9 Watershed Ecosystem Forum shall provide information to the WRIA 9 ILA
Parties regarding progress in achieving the goals and objectives of the Salmon Habitat
Plan. Recommendations of the WRIA 9 Watershed Ecosystem Forum are to be
consistent with the purposes of this Agreement. The WRIA 9 ILA Parties may authorize
additional advisory bodies to the WRIA 9 Watershed Ecosystem Forum such as a
technical committee and adaptive management work group. The Watershed Ecosystem
Forum shall develop and approve operating and voting procedures for its deliberations,
but such procedures do not affect the voting provisions contained in this Agreement for
the WRIA 91LA Parties.
6.2 The WRIA 9 ILA Parties shall act to approve or remand any substantive changes to the
Salmon Habitat Plan based upon recommendations by the WRIA 9 Watershed
Ecosystem Forum within ninety (90) days of receipt of the proposed changes, according
to the voting procedures of Section 5 herein. In the event that the Salmon Habitat Plan
changes are not so approved, the recommended changes shall be returned to the WRIA
9 Watershed Ecosystem Forum for further consideration and amendment and
thereafter returned to the WRIA 91LA Parties for decision.
6.3 The WRIA 9 ILA Parties shall determine when ratification is needed of substantive
changes to the Salmon Habitat Plan. The changes shall be referred to the Parties for
ratification prior to the submission to any regional, state, or federal agency for further
action. Ratification means an affirmative action, evidenced by a resolution, motion, or
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ordinance of the local government's legislative body, by at least five Parties representing
at least seventy percent (70 %) of the total population within the geographic planning and
management area of WRIA 9.
6.4 Upon remand for consideration of any portion or all of the changes to the Salmon
Habitat Plan by any regional, state or federal agency, the WRIA 9 ILA Parties shall
undertake a review for consideration of the remanded changes to the plan. The WRIA 9
ILA Parties may include further referral to the WRIA 9 Watershed Ecosystem Forum
for recommendation or amendments thereto.
6.5 The Parties agree that any changes to the Salmon Habitat Plan shall not be forwarded
separately by any Party to any regional, state or federal agency unless the changes have
been approved and ratified as provided herein.
7. OBLIGATIONS OF PARTIES; BUDGET; FISCAL AGENT; RULES.
7.1 Each Party shall be responsible for meeting only its individual obligations hereunder as
established in the annual budget adopted by the WRIA 9 ILA Parties under this
Agreement, including all such obligations related to the WRIA 9 ILA Parties and WRIA 9
Watershed Ecosystem Forum funding, technical support and participation in related
planning and implementation of projects, and activities as set forth herein. It is
anticipated that separate actions by the legislative bodies of the Parties will be necessary
from time to time in order to carry out these obligations.
7.2 The maximum funding responsibilities imposed upon the parties during each year of this
Agreement shall not exceed the amounts that are established annually pursuant to
Section 4.4 herein.
7.3 No later than September 1 of each year of this Agreement, the WRIA 9 ILA Parties shall
adopt a budget, including its overhead and administrative costs, for the following calendar
year. The budget shall propose the level of funding and other (e.g., staffing)
responsibilities of the individual parties for the following calendar year and shall propose
the levels of funding and resources to be allocated to specific prioritized planning and
implementation activities within WRIA 9. The Parties shall thereafter take whatever
separate legislative or other actions as may be necessary to address such individual
responsibilities under the proposed budget, and shall have done so no later than
December 1 of each year. Parties may elect to secure grant funding to meet their
individual obligations.
7.4 Funds collected from the Parties or other sources on behalf of the WRIA 9 ILA Parties
shall be maintained in a special fund by King County as Fiscal Agent and as ex officio
treasurer on behalf of the WRIA 9 ILA Parties pursuant to rules and procedures
established and agreed to by the WRIA 9 ILA Parties. Such rules and procedures shall
set out billing practices and collection procedures and any other procedures as may be
necessary to provide for its efficient administration and operation.
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7.5 Any Party to this Agreement may inspect and review all records maintained in connection
with such fund at any reasonable time.
8. LATECOMERS. A county or city government in King County lying wholly or partially within the
management area of or with a major interest in WRIA 9 which has not become a Party to this
Agreement within twelve (12) months of the effective date of this Agreement may become a Party
by obtaining written consent of all the Parties to the Agreement. The provisions of Section 5
herein otherwise governing decisions of the WRIA 9 ILA Parties shall not apply to this section.
The Parties of the Agreement and any governments seeking to become a Party shall jointly
determine the terms and conditions under which a government may become a new Party. The
terms and conditions shall include payment of an amount by the new Party to the WRIA 9 Fiscal
Agent. The amount of payment is determined jointly by the existing WRIA 9 ILA Parties and the
new Party. The payment of the new Party is to be a fair and proportionate share of all costs
associated with activities undertaken by the WRIA 9 ILA Parties as of the date the government
becomes a new Party. Any government that becomes a Party pursuant to this section shall
thereby assume the general rights and responsibilities of all other Parties.
9. TERMINATION.
9.1 Termination can only occur on an annual basis, beginning on January 1 of each calendar
year, and then only if the terminating Party, through action of its governing body, provides
at least sixty (60) days' prior written notice of its intent to terminate. The terminating Party
shall remain fully responsible for meeting all of its funding and other obligations through
the end of the calendar year in which such notice is given, together with any other costs
that may have been incurred on behalf of such terminating Party up to the effective date
of such termination. It is possible that the makeup of the Parties to this Agreement may
change from time to time. Regardless of any such changes, the Parties choosing not to
exercise the right of termination shall each remain obligated to only meet their respective
share of the obligations of the WRIA 9 ILA Parties as reflected in the annual budget.
The shares of any terminating Party shall not be the obligation of any of the Parties not
choosing to exercise the right of termination.
9.2 This Agreement may be terminated in its entirety at any time by the written agreement of
all of the Parties. In the event this Agreement is terminated all unexpended funds shall
be refunded to the Parties pro rata based on each Party's cost share percentage of the
total budgeted funds and any real or personal property acquired to carry out the purposes
of this Agreement shall be returned to the contributing Party if such Party can be
identified, and if the Party cannot be identified, the property shall be disposed of and the
proceeds distributed pro rata as described above for unexpended funds.
10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law as to city
and county governments, and federal law as governing to tribes, and for the limited purposes set
forth in this Agreement, each Party shall protect, defend, hold harmless and indemnify the other
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Parties, their officers, elected officials, agents and employees, while acting within the scope of
their employment as such, from and against any and all claims (including demands, suits,
penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever)
arising out of or in any way resulting from such Party's own negligent acts or omissions related to
such Party's participation and obligations under this Agreement. Each Party to this Agreement
agrees that its obligations under this subsection extend to any claim, demand and /or cause of
action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by
mutual negotiation, hereby waives, with respect to the other Parties only, any immunity that would
otherwise be available against such claims under the industrial insurance act provisions of Title
51 RCW. In the event that either Party incurs any judgment, award, and /or cost arising
therefrom, including attorneys' fees, to enforce the provisions of this Section, all such fees,
expenses, and costs shall be recoverable from the responsible Party to the extent of that Party's
culpability. The provisions of this Section shall survive and continue to be applicable to Parties
exercising the right of termination pursuant to Section 9 herein.
11. NO ASSUMPTION OF LIABILITY. In no event do the Parties to this Agreement intend to assume
any responsibility, risk or liability of any other Party to this Agreement or otherwise with regard to
any Party's duties, responsibilities or liabilities under the Endangered Species Act, or any other
act, statute, regulation or ordinance of any local municipality or government, the State of
Washington, or the United States.
12. VOLUNTARY AGREEMENT. This Agreement is voluntary and is acknowledged and agreed that
no Party is committing to adopt or implement any actions or recommendations that may be
contained in the Salmon Habitat Plan.
13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or
more of the Parties from choosing or agreeing to fund or implement any work, activities or
projects associated with any of the purposes hereunder by separate agreement or action,
provided that any such decision or agreement shall not impose any funding, participation or other
obligation of any kind on any Party which is not a party to such decision or agreement.
14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be
construed to, create any rights in any third party, including without limitation the National Oceanic
and Atmospheric Administration - Fisheries, United States Fish and Wildlife Service, any agency
or department of the United States, or the State of Washington, or to form the basis for any
liability on the part of the WRIA 9 ILA Parties or any of the Parties, or their officers, elected
officials, agents and employees, to any third party.
15. AMENDMENTS. This Agreement may be amended, altered or clarified only by the unanimous
consent of the Parties to this Agreement, and requires authorization and approval by each Party's
governing body.
16. COUNTERPARTS. This Agreement may be executed in counterparts.
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17. APPROVAL BY PARTIES' GOVERNING BODIES. The governing body of each Party must
approve this Agreement before any representative of such Party may sign this Agreement.
18. FILING OF AGREEMENT. This Agreement shall be filed by King County in accordance with the
provisions of RCW 39.34.040 and .200 and with the terms of Section 3 herein.
19. ENTIRE AGREEMENT. This Agreement contains the entire Agreement among the Parties, and
supersedes all prior negotiations, representations, and agreements, oral or otherwise, regarding
the specific terms of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates indicated below:
Approved as to form:
CITY OF ALGONA:
By:
By:
Title:
Title:
Date:
Date:
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Approved as to form:
CITY OF AUBURN:
By:
By:
Title:
Title:
Date:
Date:
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Approved as to form:
CITY OF BLACK DIAMOND:
By:
By:
Title:
Title:
Date:
Date:
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Approved as to form:
CITY OF BURIEN:
By:
By:
Title:
Title:
Date:
Date:
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Approved as to form:
CITY OF COVINGTON:
By:
By:
Title:
Title:
Date:
Date:
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Approved as to form:
CITY OF DES MOINES:
By:
By:
Title:
Title:
Date:
Date:
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Approved as to form:
CITY OF ENUMCLAW:
By:
By:
Title:
Title:
Date:
Date:
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Approved as to form:
CITY OF FEDERAL WAY:
By:
By:
Title:
Title:
Date:
Date:
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Approved as to form:
CITY OF KENT:
By:
By:
Title:
Title:
Date:
Date:
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Approved as to form:
KING COUNTY:
By:
By:
Title:
Title:
Date:
Date:
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Approved as to form:
CITY OF MAPLE VALLEY:
By:
By:
Title:
Title:
Date:
Date:
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Approved as to form:
CITY OF NORMANDY PARK:
By:
By:
Title:
Title:
Date:
Date:
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Approved as to form:
CITY OF RENTON:
By:
By:
Title:
Title:
Date:
Date:
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Approved as to form:
CITY OF SEATAC:
By:
By:
Title:
Title:
Date:
Date:
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Approved as to form:
CITY OF SEATTLE:
By:
By:
Title:
Title:
Date:
Date:
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Approved as to form:
CITY OF TACOMA:
By:
By:
Title:
Title:
Date:
Date:
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Approved as to form:
CITY OF TUKWILA:
By:
By:
Title:
Title:
Date:
Date:
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Exhibit A
WRIA Based Cost Share: WRIA 9
Regional Watershed Funding
For 2016 Total: $424,320
Note: Beginning with the 2017 cost shares, jurisdictional area, population, and assessed value are to be recalculated every three years or if there is a
significant annexation per the WRIA 9 interlocal agreement for 2016 -2025.
Watershed Ecosystem Forum Approved May 14, 2015
WRIA 9 Jurisdiction
Population
(Pop) %
Adjusted
Pop
Assessed
Value (AV)
%
Adjusted AV
Area %
Adjusted
Acres
Cost -Share Amount
(Average of Pop, AV,
Area)*
WRIA 9 Jurisdiction
1 Algona*
0.23%
1,543
0.19%
$197,378,600
0.16%
363.06
0.19%
$784
1 Algona
2 Auburn*
6.06%
40,956
5.06%
$5,318,451,800
5.67%
12,550.28
5.59%
$22,686
2 Auburn
3 Black Diamond
0.61%
4,120
0.57%
$595,345,385
1.95%
4,308.20
1.04%
$4,219
3 Black Diamond
4 Burien
6.51%
44,006
5.10%
$5,356,038,587
2.86%
6,340.17
4.82%
$19,554
4 Burien
5 Covington
2.54%
17,190
1.86%
$1,954,508,239
1.70%
3,773.03
2.04%
$8,252
5 Covington
6 Des Moines
4.30%
29,090
2.66%
$2,792,105,100
1.78%
3,951.55
2.91%
$11,817
6 Des Moines
7 Enumclaw*
0.65%
4,366
0.55%
$573,979,500
0.62%
1,380.31
0.61%
$2,453
7 Enumclaw
8 Federal Way*
9.01%
60,918
5.06%
$5,316,134,126
3.63%
8,048.27
5.90%
$23,925
8 Federal Way
9 Kent*
16.35%
110,605
12.06%
$12,671,122,513
9.84%
21,781.73
12.75%
$51,698
9 Kent
10 King County*
15.04%
101,701
10.66%
$11,206,469,402
53.44%
118,333.97
26.38%
$106,972
10 King County
11 Maple Valley*
1.67%
11,299
1.77%
$1,863,263,500
1.37%
3,034.15
1.60%
$6,507
11 Maple Valley
12 Normandy Park
0.95%
6,435
1.23%
$1,289,320,500
0.72%
1,593.21
0.97%
$3,917
12 Normandy Park
13 Renton*
4.47%
30,221
4.09%
$4,299,847,610
2.75%
6,096.59
3.77%
$15,291
13 Renton
14 SeaTac
3.78%
25,530
2.78%
$2,918,228,100
1.85%
4,092.51
2.80%
$11,354
14 SeaTac
15 Seattle*
25.18%
170,297
42.49%
$44,654,964,773
9.00%
19,919.60
25.55%
$103,624
15 Seattle
16 Tukwila
2.66%
18,000
3.90%
$4,096,959,014
2.65%
5,867.21
3.07%
$12,448
16 Tukwila
100.0%
676,277
1 100.0%
$105,104,116,749
100.0%
221,433.83
1 100.0%
$405,500
1 SUBTOTAL
+Tacoma
$18,820
$424,320 TOTAL
NOTES: Cost shares reflect 2009 annexations of North Highline to Burien and Kent NE to Kent. No annexations or incorporations have occurred since these two major
annexations.
DATA SOURCES:
• 2007 Puget Sound Regional Council population estimates by census tract.
• 2009 King County Assessor's data. Assessed value of parcels owned by Port of Seattle Aviation Division is excluded from the analysis.
• Adjusted Acres excludes the Upper Green River subwatershed from King County's area and excludes Port of Seattle Aviation Division properties (airport and residential buyouts)
from Burien, Des Moines, and SeaTac shares.
* Cost share amount is an averaging of the population, assessed value, and area percentage of each jurisdiction within WRIA 9
(% population + % assessed value + % area divided by 3 = Cost Share)
RES.0
W R IA9 -1 LA- cost- shares2016.xlsx
Page 161 of 165
C -M OF
AUBURN
WASH E NG1'( -)N
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Resolution No. 5164 July 28, 2015
Department: Attachments: Budget Impact:
Police Resolution No. 5164 $0
Administrative Recommendation:
City Council adopt Resolution No. 5164.
Background Summary:
The Auburn Police Department has removed a firearm, Sig Sauer Model P226 (Serial
No. U430928) from service and would like to surplus the firearm. William Sundqvist
has recently retired from the Auburn Police Department and would like to purchase
the firearm.
Resolution No. 5164 would declare the firearm described above as surplus and
authorize its sale to retired Auburn Police Officer William Sundqvist.
Reviewed by Council Committees:
Councilmember: Staff: Lee
Meeting Date: August 3, 2015 Item Number: RES.D
RES.D AUBURN * MORE THAN YOU IMAGINED Page 162 of 165
RESOLUTION NO. 51 6 4
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, DECLARING A
CERTAIN FIREARM AS SURPLUS PROPERTY AND
APPROVING ITS SALE TO A RETIRED POLICE
OFFICER
WHEREAS, the City of Auburn Police Department owns a certain Sig
Sauer firearm, Model P226, Serial # U430928 (the "Sig Sauer "); and
WHEREAS, the City has .removed the Sig Sauer from service and would
like to surplus the firearm; and
WHEREAS, William Sundqvist has recently retired from the Auburn Police
Department and would like to purchase the Sig Sauer; and
WHEREAS, William Sundqvist remains eligible to legally possess and own
a firearm under state and federal law.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS.
Section 1. That the Sig Sauer firearm, Model P226, Serial # U430928 is
hereby declared surplus and its sale to retired Auburn Police Officer William
Sundqvist in accordance with the Sale and Hold Harmless Agreement set forth in
Exhibit A attached hereto and incorporated herein by this reference is approved.
Section 2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
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Resolution No. 5164
July 27, 2415
Page 1 of 2
RES.D Page 163 of 165
Section 3. This Resolution shall take effect and be in full force upon
passage and signatures hereon.
CITY OF AUBURN
Nancy Backus, Mayor
ATTEST:
Danielle E. Daskam, City Clerk
UQ
FORM:
Resolution No. 5164
July 27, 2015
Page 2 of 2
RES.D Page 164 of 165
SALE AND HOLD HARMLESS AGREEMENT Exhibit A
THIS AGREEMENT is entered into this day of , 2015, by and between the City of
Auburn, its agents, employees and assigns (hereinafter referred to as the "City ") and William Sundqvist, his-heirs
and assigns.
The Sig Sauer P226 Serial #U430928, having been removed from service, may be purchased by the prior
assigned officer, William Sundqvist, for the sum of three hundred dollars and no /100 ($300.00). William
Sundqvist seeks to purchase the said Sig Sauer under the terms of this Agreement and the City seeks to relieve
itself of ownership of Sig Sauer and any potential exposure to additional costs and/or other issues that may arise
in the future.
William Sundqvist acknowledges and agrees that the City has no basis upon which to render any
warranty or guarantee regarding function or capacity of the said Sig Sauer and accordingly the city offers no
warrant or guarantee and disclaims any warranty in law or equity that might otherwise accompany a sale. William
Sundqvist voluntarily accepts these conditions and disclaimers.
For sufficient consideration, including William Sundqvist's payment under the terms of this Agreement
and the City's agreement to sell the Sig Sauer in lieu of other means of disposal and for other consideration as set
forth in this agreement, William Sundqvist agrees to release, acquit and forever discharge the City of and from
any and all actions, claims, demands, claims for attorney's fees or other claims of any variety on account of or in
any way arising out of William Sundgvist's ownership of the Sig Sauer. William Sundqvist specifically
acknowledges that the sale of the said Sig Sauer is "as is" that the City has not agreed to provide any further
care, parts or repair for the said Sig Sauer as a condition of sale, and agrees that he will not make any claim
against the City after the sale for anything associated with the said Sig Sauer or other needs or conditions,
whether those needs and conditions occurred prior to or after this sale.
William Sundqvist agrees that the said Sig Sauer is solely his property and that he bears full responsibility
for the Sig SaOer's care, safety and actions from the time of purchase forward.
By signing this Agreement, William Sundqvist acknowledges that he has executed this Agreement of his
own free will and is a voluntary act.
William Sundqvist (Police Retiree), Purchaser By: Bob Lee, Chief of Police
Oh behalf of the City of Auburn
RES.D Page 165 of 165