HomeMy WebLinkAbout05-01-2017 CITY COUNCIL AGENDACity Council Meeting
May 1, 2017 - 7:00 PM
Auburn City Hall
AGENDA
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I. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
A. West Auburn High School: Voice of the Community Awards
B. Proclamation - "Never Again Day"
Mayor Backus to proclaim May 22, 2017 as "Never Again Executive Order 9066
Day" in the city of Auburn.
III. APPOINTMENTS
IV. AGENDA MODIFICATIONS
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. 2016 Community Development Block Grant Annual Action Plan
Amendment (Continued from April 17, 2017) (Hinman)
City Council to conduct the public hearing on the proposed amendment of
the 2016 Annual Action Plan for Community Development Block Grant
(CDBG) Projects
2. Public Hearing for Franchise Agreement No. 17-09* (Snyder)
City Council conduct a public hearing in consideration of Franchise
Agreement No. 17-09 for MCImetro Access Transmission Services
Corporation d/b/a Verizon Access Transmission Services
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the
form provided.
C. Correspondence
There is no correspondence for Council review.
Page 1 of 108
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 April 17, 2017, Regular City Council Meeting*
B. Claims Vouchers (Coleman)
Claims voucher numbers 443513 through 443670 in the amount of $558,061.97
and four wire transfers in the amount of $635,638.21 and dated May 1, 2017.
C. Payroll Vouchers (Coleman)
Payroll check numbers 537238 through 537275 in the amount of $770,221.62
and electronic deposit transmissions in the amount of $1,460,100.24 for a grand
total of $2,230,321.86 for the period covering April 13, 2017 to April 26, 2017.
D. Golf Course Fireplace Smoke/Soot Remediation (Hinman)
City Council award Small Public Work Contract No. 17-16 to Northwest
Abatement Services, Inc. in the amount of $47,700.00 plus Washington State
sales tax of $4,770.00 for a total contract price of $52,470.00.
(RECOMMENDED ACTION: City Council approve the Consent Agenda.)
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
X. RESOLUTIONS
A. Resolution No. 5262* (Snyder)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor to execute an agreement for services with Airport Management
Group, LLC DBA Aviation Management Group for the day to day operation and
management of the Auburn Municipal Airport
(RECOMMENDED ACTION: City Council adopt Resolution No. 5262.)
B. Resolution No. 5284* (Heid)
A Resolution of the City Council of the City of Auburn, Washington, affirming the
value of all Auburn residents
(RECOMMENDED ACTION: City Council adopt Resolution No. 5284.)
C. Resolution No. 5291* (Hinman)
A Resolution of the City Council of the City of Auburn, Washington, approving
amendment to the 2016 Annual Action Plan update of the Consolidated Plan
(RECOMMENDED ACTION: City Council adopt Resolution No. 5291.)
Page 2 of 108
D. Resolution No. 5294* (Snyder)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor to accept federal grant funds to be administered through the
Washington State Department of Transportation for Project No. CP1513, 22nd
Street NE and I Street NE Intersection
(RECOMMENDED ACTION: City Council adopt Resolution No. 5294.)
XI. 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
XII. ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City
website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are
available for review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
Page 3 of 108
AGENDA BILL APPROVAL FORM
Agenda Subject:
2016 Community Development Block Grant Annual Action
Plan Amendment (Continued from April 17, 2017)
Date:
April 25, 2017
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council conduct the public hearing. For more information on this item, please see
Resolution No. 5291.
Background Summary:
The CDBG Annual Action Plan provides a concise summary of the actions, activities
and specific federal and non-federal resource that will be used each year to address
the priority needs and specific goals identified by the Consolidated Plan. Action Plan
Amendments carry out new activities using funds covered under the consolidated
plan. The process of a substantial amendment process is required by the U.S.
Department of Housing and Urban Development (HUD) and the City’s Consolidated
Plan to reallocate funds received.
The City of Auburn will reallocate $280,000 in CDBG funds for projects that are
consistent with federal regulations and the objectives and policies of the Auburn
Consolidated Housing and Community Development Plan. The funding will be used to
make ADA updates to Les Gove Park restrooms and to complete housing repair
projects for low-income homeowners in Auburn.
On April 17, 2017, the City Council continued the public hearing to the May 1st City
Council meeting.
Reviewed by Council Committees:
Councilmember: Staff:Hinman
Meeting Date:May 1, 2017 Item Number:PH.1
AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 4 of 108
AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 5 of 108
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for Franchise Agreement No. 17-09
Date:
April 24, 2017
Department:
CD & PW
Attachments:
Draft Ordinance No. 6643
Budget Impact:
$0
Administrative Recommendation:
City Council to conduct a public hearing in consideration of Franchise Agreement No.
17-09 for MCImetro Access Transmission Services Corporation d/b/a Verizon Access
Transmission Services.
Background Summary:
Per Auburn City Code Chapter 20.06.030 a public hearing shall be held to consider
Franchise Agreement No. 17-09 for MCImetro Access Transmission Services Corp.
d/b/a Verizon Access Transmission Services to build and operate a
telecommunications system within the City’s rights-of-way. The date of the public
hearing was set by Resolution No. 5287 on April 17, 2017.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:May 1, 2017 Item Number:PH.2
AUBURN * MORE THAN YOU IMAGINEDPH.2 Page 6 of 108
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Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 1 of 20
ORDINANCE NO. 6 6 4 3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
MCIMETRO ACCESS TRANSMISSION SERVICES
CORP., D/B/A VERIZON ACCESS TRANSMISSION
SERVICES, A DELAWARE CORPORATION, A
FRANCHISE FOR TELECOMMUNICATIONS
SERVICES
WHEREAS, MCImetro Access Transmission Services Corp. d/b/a Verizon
Access Transmission Services (“Grantee”) has applied to the City of Auburn
(“City”) for a non-exclusive Franchise for the right of entry, use, and occupation of
certain public right(s)-of-way within the City, expressly to install, construct, erect,
operate, maintain, repair, relocate and remove its facilities in, on, over, under,
along and/or across those right(s)-of-way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee’s request for a Franchise, at which time representatives of Grantee
and interested citizens were heard in a full public proceeding affording opportunity
for comment by any and all persons desiring to be heard; and
WHEREAS, from information presented at such public hearing, and from
facts and circumstances developed or discovered through independent study and
investigation, the City Council now deems it appropriate and in the best interest of
the City and its inhabitants that the franchise be granted to Grantee,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated herein, the City grants to
the Grantee general permission to enter, use, and occupy the right(s)-of-way
and/or other public property specified in Exhibit “A”, attached hereto and
incorporated by reference within the City of Auburn (the “Franchise Area”).
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate and repair the types of facilities specified in Exhibit “B”,
attached hereto and incorporated by reference, and all necessary appurtenances
PH.2 Page 7 of 108
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Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 2 of 20
thereto, (“Grantee Facilities”) for provision of those services set forth in Exhibit “C”
(“Grantee Services”) in, along, under and across the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee Facilities and Grantee Services, and
it extends no rights or privilege relative to any facilities or services of any type,
including Grantee Facilities and Grantee Services, on public or private property
elsewhere within the City.
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, unless the City determines that entering into such agreements interferes with
Grantee’s right set forth herein.
E. Except as explicitly set forth herein, this Franchise does not waive
any rights that the City has or may hereafter acquire with respect to the Franchise
Area or any other City roads, rights-of-way, property, or any portions thereof. This
Franchise shall be subject to the power of eminent domain, and in any proceeding
under eminent domain, the Grantee acknowledges its use of the Franchise Area
shall have no value.
F. The City reserves the right to change, regrade, relocate, abandon, or
vacate any right-of-way within the Franchise Area. If, at any time during the term
of this Franchise, the City vacates any portion of the Franchise Area containing
Grantee Facilities, the City shall reserve an easement for public utilities within that
vacated portion, pursuant to RCW 35.79.030, within which the Grantee may
continue to operate any existing Grantee Facilities under the terms of this
Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 2. Notice
A. Written notices to the parties shall be sent by certified mail to the
following addresses, unless a different address shall be designated in writing and
delivered to the other party.
PH.2 Page 8 of 108
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Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 3 of 20
City: Engineering Aide,
Community Development and
Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Grantee: MCImetro Access Transmission Services Corp. d/b/a Verizon
Access Transmission Services
Attn: Franchise Manager
600 Hidden Ridge
Mailcode: HQE02G295
Irving, TX 75038NAME
with copies (except for invoices) to:
Verizon Business Network Services
1320 North Courthouse Road, Suite 900
Arlington, VA USA 22201
Attn: Vice President and Deputy General Counsel, Network
Operations
B. Any changes to the above-stated Grantee information shall be sent
to the City’s Engineering Aide, Community Development and Public Works
Department – Transportation Division, with copies to the City Clerk, referencing
the title of this agreement.
C. The above-stated Grantee voice and fax telephone numbers shall be
staffed at least during normal business hours, Pacific time zone. The City may
contact Grantee at the following number for emergency or other needs outside of
normal business hours of the Grantees: Network Operations Center 1-800-624-
9675.
PH.2 Page 9 of 108
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Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 4 of 20
Section 3. Term of Agreement
A. This Franchise shall run for a period of five (5) years, from the date
of execution specified in Section 5.
B. Renewal Option of Term: The Grantee may renew this Franchise for
an additional five (5) year period upon submission and approval of the application
specified under ACC 20.06.130, as it now exists or is amended, within the
timeframe set forth therein (currently 240 to 180 days prior to expiration of the then-
current term). Any materials submitted by the Grantee for a previous application
may be considered by the City in reviewing a current application, and the Grantee
shall only submit those materials deemed necessary by the City to address
changes in the Grantee Facilities or Grantee Services, or to reflect specific
reporting periods mandated by the ACC.
C. Failure to Renew Franchise – Automatic Extension. If the Parties fail
to formally renew this Franchise prior to the expiration of its term or any extension
thereof, the Franchise automatically continues month to month until renewed or
either party gives written notice at least one hundred and eighty (180) days in
advance of intent not to renew the Franchise.
Section 4. Definitions
For the purpose of this agreement:
“ACC” means the Auburn City Code.
"Emergency" means a condition of imminent danger to the health, safety and
welfare of persons or property located within the City including, without limitation,
damage to persons or property from natural consequences, such as storms,
earthquakes, riots, acts of terrorism or wars.
“Maintenance or Maintain” shall mean examining, testing, inspecting, repairing,
maintaining and replacing the existing Grantee Facilities or any part thereof as
required and necessary for safe operation.
“Relocation” means permanent movement of Grantee facilities required by the
City, and not temporary or incidental movement of such facilities, or other revisions
PH.2 Page 10 of 108
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Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 5 of 20
Grantee would accomplish and charge to third parties without regard to municipal
request.
“Rights-of-Way” means the surface and the space above and below streets,
roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements, rights-
of-ways and similar public properties and areas.
Section 5. Acceptance of Franchise
A. This Franchise, and any rights granted hereunder, shall not become
effective for any purpose unless and until Grantee files with the City Clerk (1) the
Statement of Acceptance, attached hereto as Exhibit “D,” and incorporated by
reference, (2) all verifications of insurance coverage specified under Section 15,
and (3) the financial guarantees specified in Section 16 and (4) payment of any
outstanding application fees per the City fee Schedule. These four items shall
collectively be the “Franchise Acceptance”. The date that such Franchise
Acceptance is filed with the City Clerk shall be the effective date of this Franchise.
B. Should the Grantee fail to file the Franchise Acceptance with the City
Clerk within thirty (30) days after the effective date of the ordinance approving the
Franchise, the City’s grant of the Franchise will be null and void.
Section 6. Construction and Maintenance
A. The Grantee shall apply for, obtain, and comply with the terms of all
permits required under ACC Chapter 12.24 for any work done within the City.
Grantee shall comply with all applicable City, State, and Federal codes, rules,
regulations, and orders in undertaking such work, which shall be done in a
thorough and proficient manner.
B. Grantee agrees to coordinate its activities with the City and all other
utilities located within the public right-of-way within which Grantee is under taking
its activity.
C. The City expressly reserves the right to prescribe how and where
Grantee Facilities shall be installed within the public right-of-way and may from
time to time, pursuant to the applicable sections of this Franchise, require the
removal, relocation and/or replacement thereof in the public interest and safety at
the expense of the Grantee.
PH.2 Page 11 of 108
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Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 6 of 20
D. Before commencing any work within the public right-of-way, the
Grantee shall comply with the One Number Locator provisions of RCW Chapter
19.122 to identify existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City and in
accordance with City ordinances, Grantee shall have the authority to reasonably
trim trees upon and overhanging streets, public rights-of-way, and places in the
Franchise Area so as to prevent the branches of such trees from coming in physical
contact with the Grantee Facilities. Grantee shall be responsible for debris
removal from such activities. If such debris is not removed within twenty-four (24)
hours of completion of the trimming, the City may, at its sole discretion, remove
such debris and charge Grantee for the cost thereof. This section does not, in any
instance, grant automatic authority to clear vegetation for purposes of providing a
clear path for radio signals. Any such general vegetation clearing will require a
land clearing permit.
Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence such repair and
emergency response work as required under the circumstances, provided that the
Grantee shall notify the City telephonically during normal business hours (at 253-
931-3010 and during non-business hours at 253-876-1985) as promptly as
possible, before such repair or emergency work commences, and in writing as
soon thereafter as possible. Such notification shall include the Grantee’s
emergency contact phone number for the corresponding response activity. The
City may commence emergency response work, at any time, without prior written
notice to the Grantee, but shall notify the Grantee in writing as promptly as possible
under the circumstances.
Section 8. Damages to City and Third-Party Property
Grantee agrees that if any of its actions under this Franchise impairs or
damages any City property, survey monument, or property owned by a third-party,
Grantee will restore, at its own cost and expense, said property to a safe condition.
Such repair work shall be performed and completed to the satisfaction of the City
Engineer.
PH.2 Page 12 of 108
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Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 7 of 20
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee’s, which was installed, constructed, completed or in
place prior in time to Grantee’s application for a permit to construct or repair
Grantee Facilities under this Franchise shall have preference as to positioning and
location with respect to the Grantee Facilities. However, to the extent that the
Grantee Facilities are completed and installed prior to another utility’s submittal of
a permit for new or additional structures, equipment, appurtenances or tangible
property, then the Grantee Facilities shall have priority. These rules governing
preference shall continue in the event of the necessity of relocating or changing
the grade of any City road or right-of-way. A relocating utility shall not necessitate
the relocation of another utility that otherwise would not require relocation. This
Section shall not apply to any City facilities or utilities that may in the future require
the relocation of Grantee Facilities. Such relocations shall be governed by Section
11.
B. Grantee shall maintain a minimum underground horizontal
separation of five (5) feet from City water, sanitary sewer and storm sewer facilities
and ten (10) feet from above-ground City water facilities; provided, that for
development of new areas, the City, in consultation with Grantee and other utility
purveyors or authorized users of the Public Way, will develop guidelines and
procedures for determining specific utility locations.
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested by the City to coordinate municipal functions with Grantee’s
activities and fulfill any municipal obligations under state law. Said information
shall include, at a minimum, as-built drawings of Grantee Facilities, installation
inventory, and maps and plans showing the location of existing or planned facilities
within the City. Said information may be requested either in hard copy or electronic
format, compatible with the City’s data base system, as now or hereinafter existing,
including the City’s geographic information Service (GIS) data base. Grantee shall
keep the City informed of its long-range plans for coordination with the City’s long-
range plans.
B. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City. Accordingly,
the City agrees to notify the Grantee of requests for public records related to the
PH.2 Page 13 of 108
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Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 8 of 20
Grantee, and to give the Grantee a reasonable amount of time to obtain an
injunction to prohibit the City’s release of records.
Grantee shall indemnify and hold harmless the City for any loss or liability
for fines, penalties, and costs (including attorneys’ fees) imposed on the City
because of non-disclosures requested by Grantee under Washington’s open
public records act, provided the City has notified Grantee of the pending request.
Section 11. Relocation of Grantee Facilities
A. Except as otherwise so required by law, Grantee agrees to relocate,
remove, or reroute its facilities as ordered by the City Engineer at no expense or
liability to the City, except as may be required by RCW Chapter 35.99. Pursuant
to the provisions of Section 14, Grantee agrees to protect and save harmless the
City from any customer or third-party claims for service interruption or other losses
in connection with any such change, relocation, abandonment, or vacation of the
Public Way.
B. If a readjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the City, that party shall pay the
Grantee the actual costs thereof.
Section 12. Abandonment and or Removal of Grantee Facilities
A. Within one hundred and eighty days (180) of Grantee’s permanent
cessation of use of the Grantee Facilities, or any portion thereof, the Grantee shall,
at the City’s discretion, either abandon in place or remove the affected facilities.
B. The parties expressly agree that this Section shall survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City’s
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
B. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Grantee shall underground the Grantee Facilities in the
manner specified by the City Engineer at no expense or liability to the City, except
PH.2 Page 14 of 108
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Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 9 of 20
as may be required by RCW Chapter 35.99.Where other utilities are present and
involved in the undergrounding project, Grantee shall only be required to pay its
fair share of common costs borne by all utilities, in addition to the costs specifically
attributable to the undergrounding of Grantee Facilities. Common costs shall
include necessary costs for common trenching and utility vaults. Fair share shall
be determined in comparison to the total number and size of all other utility facilities
being undergrounded.
Section 14. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the City and its
officers, officials, agents, employees, and volunteers harmless from any and all
costs, claims, injuries, damages, losses, suits, or liabilities of any nature including
attorneys’ fees arising out of or in connection with the Grantee’s performance
under this Franchise, except to the extent such costs, claims, injuries, damages,
losses, suits, or liabilities are caused by the sole or contributory negligence of the
City. 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 Contractor and the City, its officers, officials,
employees, and volunteers, the Contractor's liability hereunder shall be only to the
extent of the Contractor's negligence.
B. The Grantee shall hold the City harmless from any liability arising out
of or in connection with any damage or loss to the Grantee Facilities caused by
maintenance and/or construction work performed by, or on behalf of, the City within
the Franchise Area or any other City road, right-of-way, or other property, except
to the extent any such damage or loss is directly caused by the negligence of the
City, or its agent performing such work.
C. The Grantee acknowledges that neither the City nor any other public
agency with responsibility for firefighting, emergency rescue, public safety or
similar duties within the City has the capability to provide trench, close trench or
confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the provision
of such services. The Grantee shall hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Grantee for the City’s failure
or inability to provide such services, and, pursuant to the terms of Section 14(A),
the Grantee shall indemnify the City against any and all third-party costs, claims,
PH.2 Page 15 of 108
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Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 10 of 20
injuries, damages, losses, suits, or liabilities based on the City’s failure or inability
to provide such services.
D. Acceptance by the City of any work performed by the Grantee shall
not be grounds for avoidance of this section.
E. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantee’s waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification.
This waiver has been mutually negotiated by the parties. The provisions of this
section shall survive the expiration or termination of this Agreement.
Section 15. Insurance
A. The Grantee shall procure and maintain for the duration of this
Franchise, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work hereunder
by the Grantee, its agents, representatives, or employees in the amounts and
types set forth below:
1. Automobile Liability insurance covering all owned, non-
owned, hired, and leased vehicles with a minimum combined single limit for bodily
injury and property damage of $1,000,000.00 per accident. Coverage shall be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed
to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less
than $1,000,000.00 each occurrence, $2,000,000.00 general aggregate and a
$2,000,000.00 products-completed operations aggregate limit. Coverage shall be
written on ISO occurrence form CG 00 01 or a substitute form providing equivalent
coverage and shall cover liability arising from premises-operations, independent
contractors, products-completed operations, stop gap liability, and personal injury
and advertising injury and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent
form. There shall be no endorsement or modification of the Commercial General
Liability insurance for liability arising from explosion, collapse, or underground
property damage. The City shall be named as an additional insured under the
Grantee’s Commercial General Liability insurance policy with respect to the work
PH.2 Page 16 of 108
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Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 11 of 20
performed under this Franchise using ISO Additional Insured Endorsement CG 20
10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37
10 01 or substitute endorsements providing equivalent coverage.
3. Professional Liability insurance with limits no less than
$1,000,000.00 per claim for all professionals employed or retained Grantee to
perform services under this Franchise.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability, Professional Liability, and Commercial
General Liability insurance:
1. The Grantee’s insurance coverage shall be primary insurance
as respects the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be in excess of the Grantee’s insurance and shall not
contribute with it.
2. The Grantee’s insurance shall be endorsed to state that
coverage shall not be cancelled by the insurers except after thirty (30) days’ prior
written notice has been given to Grantee. Upon receipt of such notice, Grantee
shall immediately notify by certified mail, return receipt requested, the City.
C. Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A-:VII.
D. Verification of Coverage. Grantee shall furnish the City with
documentation of insurer’s A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
Grantee before commencement of the work.
E. Grantee shall have the right to self-insure any or all of the above-
required insurance. Any such self-insurance is subject to approval by the City.
F. Grantee’s maintenance of insurance as required by this Franchise
shall not be construed to limit the liability of Grantee to the coverage provided by
PH.2 Page 17 of 108
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Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 12 of 20
such insurance, or otherwise limit the City’s recourse to any remedy to which the
City is otherwise entitled at law or in equity.
Section 16. Performance Security
The Grantee shall provide the City with a financial guarantee in the amount of Fifty
Thousand Dollars ($50,000.00) running for, or renewable for, the term of this
Franchise, in a form and substance acceptable to the City. In the event Grantee
shall fail to substantially comply with any one or more of the provisions of this
Franchise, then there shall be recovered jointly and severally from the principal
and any surety of such financial guarantee any damages suffered by City as a
result thereof, including but not limited to staff time, material and equipment costs,
compensation or indemnification of third parties, and the cost of removal or
abandonment of facilities hereinabove described. Grantee specifically agrees that
its failure to comply with the terms of Section 19 shall constitute damage to the
City in the monetary amount set forth therein. Such a financial guarantee shall not
be construed to limit the Grantee’s liability to the guarantee amount, or otherwise
limit the City’s recourse to any remedy to which the City is otherwise entitled at law
or in equity.
Section 17. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors, assigns of, and independent
contractors of the Grantee, and all rights and privileges, as well as all obligations
and liabilities of the Grantee shall inure to its successors, assignees and
contractors equally as if they were specifically mentioned herein wherever the
Grantee is mentioned.
B. This Franchise shall not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance, which consent shall not
be unreasonably withheld, conditioned, or delayed.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (a) Complete information setting forth the nature, term and
conditions of the proposed assignment or transfer; (b) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (c) An application fee which shall be set by the City, plus any other
PH.2 Page 18 of 108
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Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 13 of 20
costs actually and reasonably incurred by the City in processing, and investigating
the proposed assignment or transfer.
D. Prior to the City’s consideration of a request by Grantee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee shall
file with the City a written promise to unconditionally accept all terms of the
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor’s state of
compliance and failure of the City to insist on full compliance prior to transfer does
not waive any right to insist on full compliance thereafter.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising by
reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to achieve
a resolution of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this manner,
either party may then pursue any available judicial remedies. This Franchise shall
be governed by and construed in accordance with the laws of the State of
Washington. In the event any suit, arbitration, or other proceeding is instituted to
enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be exclusively in King County, Washington. The prevailing party
in any such action shall be entitled to its attorneys’ fees and costs of suit, which
shall be fixed by the judge hearing the case, and such fees shall be included in the
judgment.
Section 19. Enforcement and Remedies
A. If the Grantee shall willfully violate, or fail to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or should
it fail to heed or comply with any notice given to Grantee under the provisions of
this agreement, the City may, at its discretion, provide Grantee with written notice
to cure the breach within thirty (30) days of notification. If the City determines the
breach cannot be cured within thirty days, the City may specify a longer cure
period, and condition the extension of time on Grantee’s submittal of a plan to cure
PH.2 Page 19 of 108
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Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 14 of 20
the breach within the specified period, commencement of work within the original
thirty day cure period, and diligent prosecution of the work to completion. If the
breach is not cured within the specified time, or the Grantee does not comply with
the specified conditions, the City may, at its discretion, either (1) revoke the
Franchise with no further notification, or (2) claim damages of Two Hundred Fifty
Dollars ($250.00) per day against the financial guarantee set forth in Section 16
for every day after the expiration of the cure period that the breach is not cured.
B. Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities and Grantee Services, the City
reserves the right to cancel this Franchise and require the Grantee to apply for,
obtain, and comply with all applicable City permits, franchises, or other City
permissions for such actions, and if the Grantee’s actions are not allowed under
applicable federal and state or City laws, to compel Grantee to cease such actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Grantee shall comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with federal
laws and regulations, affecting performance under this Franchise. Furthermore,
notwithstanding any other terms of this agreement appearing to the contrary, the
Grantee shall be subject to the police power of the City to adopt and enforce
general ordinances necessary to protect the safety and welfare of the general
public in relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any hereafter enacted, amended, or adopted federal or state statute or
regulation relating to the public health, safety, and welfare, or relating to roadway
regulation, or a City Ordinance enacted pursuant to such federal or state statute
or regulation upon providing Grantee with thirty (30) days written notice of its action
setting forth the full text of the amendment and identifying the statute, regulation,
or ordinance requiring the amendment. Said amendment shall become
automatically effective upon expiration of the notice period unless, before
expiration of that period, the Grantee makes a written call for negotiations over the
terms of the amendment. If the parties do not reach agreement as to the terms of
the amendment within thirty (30) days of the call for negotiations, the City may
enact the proposed amendment, by incorporating the Grantee’s concerns to the
maximum extent the City deems possible.
PH.2 Page 20 of 108
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Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 15 of 20
C. The City may terminate this Franchise upon thirty (30) days written
notice to the Grantee, if the Grantee fails to comply with such amendment or
modification.
Section 21. License, Tax and Other Charges
This Franchise shall not exempt the Grantee from any future license, tax, or
charge which the City may hereinafter adopt pursuant to authority granted to it
under state or federal law for revenue or as reimbursement for use and occupancy
of the Franchise Area.
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event shall
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
shall remain in effect.
Section 24. Titles & Interpretation
The section titles used herein are for reference only and should not be
used for the purpose of interpreting this Franchise. Interpretation or construction
of this Agreement shall not be affected by any determination as to who is the
drafter of this Agreement, this Agreement having been drafted by mutual
agreement of the parties.
Section 25. Implementation.
The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 26. Effective date.
This Ordinance shall take effect and be in force five days from and after its
passage, approval and publication as provided by law.
PH.2 Page 21 of 108
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Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 16 of 20
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid, City Attorney
Published: _________________
PH.2 Page 22 of 108
18
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WEST VALLEY HWY NC ST NWW MAIN ST 112TH AVE SEE MAIN ST
41ST ST SE
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SUMNER-TAPPS HWY E SE 30 4 T H ST
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6TH ST SE
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3RD ST NE 124TH AVE SEA ST SER ST SEMUCKLESHOOT
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Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy.
Map ID: 3899
Exhibit A
0 1,100 2,200 3,300 4,400 5,500
FEETCity Hall
MCI Fiber (PWA 08-03)
MCI Fiber (PWA 96-07)
City of Auburn
Parks
Water Features
Printed On: 1/31/2012Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 17 of 20 DRAFTPH.2 Page 23 of 108
------------------------------
Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 18 of 20
Exhibit B
Grantee Facilities
Grantee Facilities include, collectively or individually, any and all communications
transmission and distribution systems, including but not limited to, wires, lines,
conduits, ducts, cables, braces, guys, anchors, vaults, switches, fixtures, and any
and all other equipment, appliances, attachments, appurtenances and other
items necessary, convenient, or in any way appertaining to any and all of the
foregoing, whether the same be located across, above, along, below, in, over,
through, or underground.
Grantee Facilities shall not include any wireless telecommunications facilities
such as antennas, DAS, Small Cell facilities or other wireless transmission
devices that are mounted on poles or other structures in the right-of-way.
PH.2 Page 24 of 108
------------------------------
Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 19 of 20
Exhibit C
Grantee Services
The offering of communications and communications services, including, but not
limited to a telephone service (as set forth in RCW § 82.16.010),integrated data
services, internet access service, private line service, mobile fronthaul and
backhaul services, and leasing of facilities (e.g., dark fiber) to affiliates and third
parties. Grantee shall not offer a Cable Service or an Open Video System.
PH.2 Page 25 of 108
------------------------------
Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 20 of 20
EXHIBIT “D”
STATEMENT OF ACCEPTANCE
MCIMETRO ACCESS TRANSMISSION SERVICES CORP. D/B/A VERIZON
ACCESS TRANSMISSION SERVICES, for itself, its successors and assigns,
hereby accepts and agrees to be bound by all lawful terms, conditions and
provisions of the Franchise attached hereto and incorporated herein by this
reference.
[Grantee]
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 20xx, before me the undersigned, a Notary
Public in and for the State of __________, duly commissioned and sworn,
personally appeared, __________________ of _________, the company that
executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the uses
and purposes therein mentioned, and on oath stated that he/she is authorized to
execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
___________, residing at
MY COMMISSION EXPIRES:
PH.2 Page 26 of 108
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the April 17, 2017, Regular City Council Meeting
Date:
April 25, 2017
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:May 1, 2017 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 27 of 108
Page 1
CITY COUNCIL
MEETING MINUTES
APRIL 17, 2017 7:00 PM
I. CALL TO ORDER
A. Pledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. and
led those in attendance in the Pledge of Allegiance.
B. Roll Call
City Councilmembers present: Deputy Mayor Largo Wales, Bob
Baggett, Claude DaCorsi, John Holman, Bill Peloza, and Yolanda
Trout-Manuel. Councilmember Wagner arrived at 7:03 p.m.
Mayor Nancy Backus was in attendance, and the following
department directors and staff members were present: Community
Development and Public Works Director Kevin Snyder; Parks, Arts
and Recreation Director Daryl Faber, Director of Administration
Dana Hinman, Finance Director Shelley Coleman, City Attorney
Daniel B. Heid; Police Chief Bob Lee, Innovation and Technology
Director Paul Haugan, Assistant Director of Engineering
Services/City Engineer Ingrid Gaub, and Deputy City Clerk Shawn
Campbell.
II. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
A. Proclamation - Goodwill Ambassador Proclamation
Mayor Backus to proclaim Elysia Hargrave, Miss Amazing 2017 as a
"Goodwill Ambassador for the City of Auburn" during her service to
the Auburn community.
Mayor Backus read and presented a proclamation declaring Elysia
Hargrave a Goodwill Ambassador for the City of Auburn. Miss
Hargrave thanked the Mayor and Council for their support and
requested people visit her fundraising page to assist her with funds
to attend the National Miss Amazing Pageant in Chicago Illinois in
Auburn
CA.A Page 28 of 108
City of Auburn Council Meeting Minutes April 17, 2017
Page 2
B. Proclamation - Goodwill Ambassadors Proclamation
Mayor Backus to proclaim Heather Haggin, Miss Auburn 2017 and
Elizabeth Enz, Miss Auburn's Outstanding Teen 2017 as "Goodwill
Ambassadors for the City of Auburn" during their year of service to
the Auburn community.
Mayor Backus read and proclaimed Heather Haggin and Elizabeth
Enz as Goodwill Ambassadors for the City of Auburn.
Miss Haggin and Miss Enz thanked the Mayor Backus and Council
for their support.
C. Proclamation - 2017 Heritage Tree
Mayor Backus to proclaim the Big Leaf Maple, located on Hole #9 at
the Auburn Golf Course, as our "2017 Heritage Tree" in the city of
Auburn.
Mayor Backus read and proclaimed the Big Leaf Maple as the 2017
Heritage Tree. Bryce Landrud, Chair of the Urban Tree Board and
Director Faber accepted the proclamation and thanked Mayor
Backus and Council for their support.
D. Proclamation - Stand Against Racism Day
Mayor Backus to proclaim April 28, 2017 as Stand Against Racism
Day.
Mayor Backus read and proclaimed April 28th as Stand Against
Racism Day. Mercedes Rippel, YWCA BankWork$ Program
Manager, thanked Mayor Backus and Council for the proclamation.
E. Proclamation - International Earth Day
Mayor Backus to proclaim April 22, 2017 as "International Earth
Day" in the city of Auburn.
Mayor Backus read and proclaimed April 22nd as International Earth
Day.
F. Proclamation - Sexual Assault Awareness Month
Mayor Backus to proclaim April as "Sexual Assault Awareness
Month" in the city of Auburn.
Mayor Backus read and proclaimed April as Sexual Assault
Awareness Month. Katie Gardner-Boehm accepted the
proclamation and thanked Mayor Backus and Council for bringing
CA.A Page 29 of 108
City of Auburn Council Meeting Minutes April 17, 2017
Page 3
awareness to this important issue.Legislative Update by
Representative Morgan Irwin 31st District.
Representative Irwin stated the legislature is working on the
McCleary legislation. The legislature has fully funded four of the fie
issues, and the only item that is not fully funded at this time is
teacher pay.
Representative Irwin stated he sponsored a bill to fight human
trafficking. The City of Seattle is rated the fourth highest City in the
nation for human trafficking. He is also supporting transportation
funding. There has been $300,000.00 set aside for a traffic study for
Highway 410. He also supports a drug donation bill so that people
will be able to donate unused drugs back to the community.
Council thanked Representative Irwin for his hard work and
representation of Auburn.
III. APPOINTMENTS
There was no appointment for Council consideration.
IV. AGENDA MODIFICATIONS
A legislative update by Representative Morgan Irwin was added to the
agenda and Resolution No. 5291 was removed from the agenda.
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. 2016 Community Development Block Grant Annual
Action Plan Amendment (Hinman)
City Council to conduct a public hearing on the proposed
amendment of the 2016 Annual Action Plan for Community
Development Block Grant (CDBG) Projects
Director Hinman stated in 2016 staff recognized the City had
unspent CDBG funds. The funds were allocated to three
projects, and one of the projects lagged and did not fully
spend the funds by the end of 2016. These funds have
been reprogrammed to housing repair and for reconstruction
of the bathroom at Les Gove Park.
Director Faber explained the new proposed project is a
restroom at Les Gove Park. The project was scheduled for
design in the 2017 and construction in 2018.
CA.A Page 30 of 108
City of Auburn Council Meeting Minutes April 17, 2017
Page 4
Councilmember Peloza asked if the City did not use the
grant funds for the restroom what other projects could the
funds be used for. Director Hinman explained that because
CDBG Grants are federal funds the projects have to fit within
the HUD guidelines and because these funds are from a
previous funding cycle they must be used on a project
immediately or the City will risk losing these funds for future
funding cycles.
Councilmember Peloza asked staff to confirm the funds
could be used in a different focus.
Mayor Backus opened the hearing at 7:45 p.m. No one
came forward to speak. The Mayor continued the public
hearing to the May 1, 2017 City Council Meeting.
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
There was no audience participation.
C. Correspondence
There was no correspondence for Council review.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Councilmember Baggett reported on behalf of the Finance ad hoc
committee that reviews claims and payroll vouchers. Councilmember
Baggett reported he and Councilmember Wagner reviewed the payroll
vouchers in the approximate amount of $2 million and claims vouchers in
the amount of approximately $5.6 million. The ad hoc committee had no
questions and recommends approval of the claims and payroll vouchers
as described on the Consent Agenda.
Councilmember DaCorsi reported on behalf of the ad hoc committee for
the selection of Deputy Mayor. He said the Committee is wrapping up
their work and will have a presentation for the full Council at the May 15th
Council meeting.
CA.A Page 31 of 108
City of Auburn Council Meeting Minutes April 17, 2017
Page 5
Councilmember Trout-Manuel reported on behalf of the Inclusive/Safer
City ad hoc committee. She said the Committee will have a presentation
at the April 24th Study Session.
Deputy Mayor Wales reported on behalf of the ad hoc committee for the
$20 car tab fee. She stated the committee will be looking at the loss or
gain of revenue and what it would cost to collect the funds. The roads
need approximately $7 million a year in funding.
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 April 3, 2017 Regular City Council Meeting
B. Claims Vouchers
Claims voucher numbers 443333 through 443512 in the amount of
$4,677,200.81 and four wire transfers in the amount of $960,005.30
and dated April 17, 2017.
C. Payroll Vouchers
Payroll check numbers 537213 through 537237 in the amount of
$569,355.74 and electronic deposit transmissions in the amount of
$1,517,766.58 for a grand total of $2,087,122.32 for the period
covering March 30, 2017 to April 12, 2017.
D. Public Works Project No. CP1107
City Council to grant permission to advertise Project No. CP1107,
Fulmer Well Field Improvements, Contract 17-09.
E. Public Works Project No. CP1515
City Council to approve Final Pay Estimate No. 7 to Contract No.
16-18 in the amount of $51,906.89 and accept construction of
Project No. CP1515, 2016 Local Street Reconstruction and
Preservation Project.
F. Public Works Project No. CP1606
City Council to approve Change Order No. 01 in the amount of
$63,190.70 to Contract No. 17-04 for work on Project No. CP1606,
Auburn Teen and Community Center (H Street SE Extension)
Deputy Mayor Wales moved and Councilmember Trout-Manuel
seconded to accept the consent agenda.
CA.A Page 32 of 108
City of Auburn Council Meeting Minutes April 17, 2017
Page 6
Deputy Mayor Wales asked for clarification on the change order for
Public Works Project CP1606. Director Faber explained it is for
additional curbs and gutters on Auburn Way South. The City has a
contractor doing curbs and gutters in a different area as part of the
project. The area in front of Big Daddy’s will need the sidewalk cuts
repaired and it will be more cost effective to have the same
contractor do both portions of work along with only having to close
Auburn Way South once.
Deputy Mayor Wales asked if the funds could be spent for roads.
Director Snyder stated these are funds that were allocated to the
Auburn Teen and Community Center (H Street SE Extension).
Councilmember Trout-Manuel stated the Big Daddy’s area is
supposed to be used for car shows. She asked why take out the
sidewalk cuts that allow access to the area. Assistant Director Gaub
stated there is access to the area from a separate access point not
on Auburn Way South. Leaving the sidewalk cuts is a safety
concern because cars could drive into the park from Auburn Way
South thinking it was an access point.
Councilmember DaCorsi stated a 16 percent change order is a
concern. Expanding the work that an existing contractor is doing
would explain the increased cost. Assistant Director Gaub confirmed
there will be cost savings if the City uses the existing contractor
instead of going out to bid on the curb and gutter repairs as a
separate project.
Deputy Mayor Wales stated the City can use CDBG funds for
sidewalks. She asked if this project could use the CDBG funding
and use the funds from the General fund for road repairs. Director
Faber stated if the City uses CDBG funds for this project the
reporting requirements change and any cost savings would be lost.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. UNFINISHED BUSINESS
Councilmember Peloza asked for staff to bring the costs for demolishing
the public restroom at Les Gove Community Campus in its entirety and
replace it with two Sani Cans that are handicap accessible for one year.
Deputy Mayor Wales stated she would like staff to provide additional
documentation from HUD stating the City could not save the 1.5% grant
CA.A Page 33 of 108
City of Auburn Council Meeting Minutes April 17, 2017
Page 7
funds awarded for additional projects. She stated she would like to see
the food bank considered for CDBG Grant funds. She also requested staff
provide a list of projects submitted to HUD besides the restrooms and the
reason for denial.
Councilmember DaCorsi asked if the City has an obligation period and
expenditure period. Director Hinman explained HUD reviews the City’s
spending in November at that time they expect the funds to be spent
down to approximately 1.5% of the total grant.
Deputy Mayor Wales expressed a concern that the Council was notified of
the missed deadlines and required new project at the last minute.
Councilmember Trout-Manuel stated the City has other important projects
like homelessness and roads that Council would like to focus on funding.
IX. NEW BUSINESS
There was no new business.
X. ORDINANCES
A. Ordinance No. 6644
An Ordinance of the City Council of the City of Auburn, Washington,
amending Sections 18.04.625, 18.23.030, and 18.57.035 of the City
Code, relating to the residential uses allowed in the C-1, Light,
Commercial Zoning District, and development standards for mixed-
use development
Deputy Mayor Wales moved and Councilmember Trout-Manuel
seconded to adopt Ordinance No. 6644.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Ordinance No. 6648
An Ordinance of the City Council of the City of Auburn, Washington,
creating a new section 9.96.030 of the Auburn City Code relating to
vehicle trespass
Councilmember Holman moved and Councilmember DaCorsi
seconded to adopt Ordinance No. 6648.
Councilmember Holman stated this ordinance gives the police
another tool to combat property crime.
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Page 8
MOTION CARRIED UNANIMOUSLY. 7-0
XI. RESOLUTIONS
A. Resolution No. 5287
A Resolution of the City Council of the City of Auburn, Washington,
setting a public hearing to consider a franchise agreement with
MCImetro Access Transmission Services Corp., D/B/A Verizon
Access Transmission Services, a Delaware Corporation; a franchise
for telecommunications services
Deputy Mayor Wales moved and Councilmember Baggett seconded
to adopt Resolution No. 5287.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Resolution No. 5290
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to accept federal grant funds to be
administered through the Washington State Department of
Transportation for the A St SE Corridor Signal Safety & Operations
Improvements Project
Councilmember Peloza moved and Councilmember Trout-Manuel
seconded to adopt Resolution No. 5290.
MOTION CARRIED UNANIMOUSLY. 7-0
XII. MAYOR AND COUNCILMEMBER REPORTS
A. From the Council
Councilmember DaCorsi reported he attended the Senior Center
Coffee Hour.
Councilmember Wagner reported he attended the Puget Sound
Regional Council Policy Board meeting.
Deputy Mayor Wales reported she attended the Junior City Council
meeting. The Junior City Council will be presenting at the Study
Session next week on their trip to the National League of Cities
Conference.
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City of Auburn Council Meeting Minutes April 17, 2017
Page 9
Councilmember Baggett reported he attended an Emergency
Management Advisory Committee meeting.
Councilmember Peloza reported he attended the Easter Luncheon
at the Senior Center and the King County Watershed Advisory
Group meeting.
B. From the Mayor
Mayor Backus reported that she attended the final State of the City
address by City of Kent Mayor Suzette Cook, the Kiwanis lunch
meeting, and the Sister City travel to Guanghan, Sichuan Province,
Republic of China.
XIII. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 8:40 p.m.
APPROVED THE 1st DAY OF May , 2017.
NANCY BACKUS, MAYOR Shawn Campbell, Deputy City Clerk
City Council agendas and minutes are available to the public at the City Clerk’s
Office, on the City website, and via e-mail. Complete agenda packets are
available for review at the City Clerk’s Office.
Internet: http://www.auburnwa.gov
CA.A Page 36 of 108
City of Auburn Council Meeting Minutes April 17, 2017
Page 10
CA.A Page 37 of 108
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
April 25, 2017
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve the claims vouchers.
Background Summary:
Claims voucher numbers 443513 through 443670 in the amount of $558,061.97
and four wire transfers in the amount of $635,638.21 and dated May 1, 2017.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:May 1, 2017 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 38 of 108
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
April 25, 2017
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve payroll vouchers.
Background Summary:
Payroll check numbers 537238 through 537275 in the amount of $770,221.62
and electronic deposit transmissions in the amount of $1,460,100.24 for a grand total
of $2,230,321.86 for the period covering April 13, 2017 to April 26, 2017.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:May 1, 2017 Item Number:CA.C
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Golf Course Fireplace Smoke/Soot Remediation
Date:
April 19, 2017
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council award Small Public Work Contract No. 17-16 to Northwest Abatement
Services, Inc. in the amount of $47,700.00 plus Washington State sales tax of
$4,770.00 for a total contract price of $52,470.00.
Background Summary:
The purpose of this project is conduct smoke and soot damage remediation work at
the Golf Course Clubhouse Building after damage was discovered from an improperly
vented natural gas fire place that is located in the Grand Foyer.
This project includes, but is not limited to, wiping down all surfaces, HVAC and duct
cleaning of 6 units, replacement of ceiling tiles, carpet cleaning, and painting. The
contract cost includes completing this project during off hours to avoid as much
disruption to the Golf Course Clubhouse Building as possible.
This project is funded through an insurance claim.
The following bids were received:
ServPro $65,232.55
Belfor $59,736.92
Northwest Abatement Services $52,247.00
Reviewed by Council Committees:
Councilmember: Staff:Hinman
Meeting Date:May 1, 2017 Item Number:CA.D
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AUBURN * MORE THAN YOU IMAGINEDCA.D Page 41 of 108
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5262
Date:
April 26, 2017
Department:
Community Development &
Public Works
Attachments:
Resolution No. 5262
Exhibit A
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5262.
Background Summary:
The City of Auburn has had a long-term services agreement with Aviation
Management Group, LLC to manage airport operations at the Auburn Municipal
Airport. The City of Auburn and Aviation Management Group, LLC last entered into a
2014-2015 services agreement on November 18, 2013, with the term of said
Agreement being from January 1, 2015, to December 31, 2015. The City Council then
approved Resolution No. 5166 on September 14, 2015, authorizing the First
Addendum to the Agreement that was executed in October 5, 2015. This First
Addendum extended the term of the 2014-2015 Services Agreement to December 31,
2016 along with some other modifications to the terms of the original Agreement.
On December 19, 2016, the City Council approved Resolution No. 5265 that only
authorized a ninety (90) day extension, effective January 1, 2017, of the current
Agreement for airport management services to March 31, 2017 to allow for these
negotiations to conclude. Subsequent to the Council’s approval of Resolution No.
5265, City staff and Aviation Management Group, LLC worked collaboratively to
address outstanding contract negotiation issues and resolved all outstanding issues
except a contractual issue pertaining to the payment of prevailing wages for certain
services conducted at the Airport.
Community Development and Public Works Director Snyder; Jamelle Garcia,
Managing Member, Aviation Management Group, LLC; and Assistant Director of
Engineering Services/City Engineer Gaub provided an update on the new contract
efforts to City Council at its March 13, 2017 study session. At this briefing, City staff
and Mr. Garcia identified that contract negotiations were substantively concluded
except one outstanding item pertaining to the payment of prevailing wages for
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 42 of 108
janitorial services and landscape maintenance services. City staff discussed that the
payment of prevailing wages is a statutory requirement, and that if Aviation
Management Group, LLC is to provide these services, there must be language
pertaining to the payment of prevailing wages in the Agreement for Services. Mr.
Garcia identified that he was evaluating whether he wants to take on the additional
overhead and wages responsibilities and that he was attempting to obtain information
from the Washington State Department of Labor and Industries to help him in his
business decision-making. City staff noted at the time that if Mr. Garcia elected to not
engage in the provision of these services, the City would be responsible for their
provision either by City staff or through a third party contracted directly to the City.
Subsequent to the March 13, 2017 City Council presentation, Mr. Garcia notified City
staff that he had not yet received a response to his inquiry from the Washington State
Department of Labor and Industries and requested consideration of additional time to
conduct his necessary due diligence and make his business decision.
The City Council approved Resolution No. 5289 that authorized a sixty (60) day
extension period to the current Agreement for Services. Mr. Garcia has subsequently
decided to accept contractual responsibility to pay prevailing wages and this
responsibility has been memorialized in the Agreement for Services that is attached to
Resolution No. 5262. Mr. Garcia’s decision concludes the contract negotiations for
airport management services and as such, City staff are requesting City Council
approval of Resolution No. 5262 that would authorize the provision of airport
management services by Aviation Management Group, LLC through December 31,
2018.
Reviewed by Council Committees:
Other: Engineering & Legal
Councilmember: Staff:Snyder
Meeting Date:May 1, 2017 Item Number:RES.A
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Resolution No. 5262
April 27, 2017
Page 1
RESOLUTION NO. 5 2 6 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE AN AGREEMENT FOR SERVICES WITH
AIRPORT MANAGEMENT GROUP, LLC dBA
AVIATION MANAGEMENT GROUP FOR THE DAY TO
DAY OPERATION AND MANAGEMENT OF THE AUBURN
MUNICIPAL AIRPORT
WHEREAS, the City of Auburn and Airport Management Group, LLC
dBA Aviation Management Group entered into an agreement on November 18, 2013,
for the day to day operation and management of the Auburn Municipal Airport; and
WHEREAS, the City Council for the City of Auburn approved Resolution No. 5166
authorizing an addendum to said Agreement on October 5, 2015 for the expressed purpose
of extending the termination date of the Agreement from December 31, 2015 to December
31, 2016; and
WHEREAS, the Agreement inclusive of the amendment executed on October 5,
2015 is set to expire on December 31, 2016; and
WHEREAS, the City Council passed Resolution No. 5265 on December 19, 2016
authorizing a ninety (90) day extension of the current Agreement from the December 31, 2016
expiration date to allow opportunity for continued negotiations; and
WHEREAS, the parties wish to enter into a new services agreement for a two
(2) year term starting on June 1 , 2017 and ending on December 31, 2018, unles s
otherwise extended by separate City Council action ; and
WHEREAS, the City intends as part of this Agreement modify and update the
previous scope of services between the parties to better meet the operational and
management needs of the Airport Facilities.
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Resolution No. 5262
April 27, 2017
Page 2
NOW, THERE FORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Agreement for Services in
substantial conformity with Exhibits A (inclusive of Exhibit 1 attached to Exhibit A)
attached herein between the City of Auburn and Airport Management Group, LLC
dbA Aviation Management Group for the day to day operation and management of
the Auburn Municipal Airport.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This Resolution shall be in full force and effect upon passage and
signatures hereon.
SIGNED and DATED this _______ day of ______________, 2017
_____________________________________
Nancy Backus, Mayor
ATTEST:
________________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
________________________________
Daniel B. Heid, City Attorney
RES.A Page 45 of 108
AG-S-095
Page 1 of 12
Exhibit A
CITY OF AUBURN
AGREEMENT FOR SERVICES
AG -S-095
THIS AGREEMENT made and entered into on this 1st day of June, 2017, by and
between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as “City” and Airport Management Group, LLC, d/b/a Aviation
Management Group at 36618 55th Ave S, Auburn, WA 98001, hereinafter referred to as
the “Provider.”
W I T N E S S E T H :
WHEREAS, the City is in need of the services of individuals, employees or firms
for the operation of the Auburn Municipal Airport (Airport); and,
WHEREAS, the City desires to retain the Provider to provide said services in
connection with the City’s work, including certain physical and financial responsibilities
of the operation, management and maintenance on a day to day basis of the Airport;
and,
WHEREAS, the City has satisfied itself Provider is qualified and able to provide
services in connection with the City’s needs for the above -described work, and is willing
and agreeable to provide such services upon the terms and conditions herein
contained.
NOW, THEREFORE, in consideration of the mutual covenants, and benefits
contained herein, and subject to the following terms, conditions, covenants and
provisions, the parties hereto agree as follows:
1. Scope of Services
The Provider agrees to perform in a good and professional manner the tasks
described on Exhibit “1” which is attached hereto and by this reference made a
part of this Agreement. The tasks described on Exhibit “1” shall be individually
referred to as a “task,” and collectively referred to as the “services.” The Provider
shall perform the services as an independent contractor and shall not be deemed,
by virtue of this Agreement and the performance thereof, to have entered into any
partnership, joint venture, employment or other relationship with the City.
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Page 2 of 12
2. Additional Services
In the event additional services with respect to related work are required beyond
those specified in the Scope of Work, and not included in the compensatio n listed
in this Agreement, a contract amendment shall be set forth in writing and shall be
executed by the respective parties prior to the Provider’s performance of the
services there under, except as may be provided to the contrary in Section 3 of this
Agreement. Upon proper completion and execution of an Amendment (agreement
for additional services), such Amendment shall be incorporated into this
Agreement and shall have the same force and effect as if the terms of such
Amendment were a part of this Agreement as originally executed. The
performance of services pursuant to an Amendment shall be subject to the terms
and conditions of this Agreement except where the Amendment provides to the
contrary, in which case the terms and conditions of any such Amendm ent shall
control. In all other respects, any Amendment shall supplement and be construed
in accordance with the terms and conditions of this Agreement.
3. Performance of Additional Services Prior to Execution of an Amendment
The parties hereby agree that situations may arise in which services other than
those described on Exhibit “1” are desired by the City and the time period for the
completion of such services makes the execution of Amendment impractical prior
to the commencement of the Provider’s performance of the requested services.
The Provider hereby agrees that it shall perform such services upon the written
request of an authorized representative of the City pending execution of an
Amendment, at a rate of compensation to be agreed to in connection therewith.
The invoice procedure for any such additional services shall be as described in
Section 9 of this Agreement.
4. Provider’s Representations
The Provider hereby represents and warrants that the Provider has all necessary
licenses and certifications to perform the services provided for herein, and is
qualified to perform such services.
5. Schedule
Upon receipt of authorization to proceed, the Provider will perform its services in a
diligent and timely manner, provided that the Provider shall not be liable for delays
caused by circumstances out of the Provider’s control. The City shall give prompt
written notice to the Provider whenever the City becomes aware of any
circumstance that may affect the timing of the performance of the services. Upon
receipt of such notice, the Provider shall respond to the notice by appropriate
action and report the response to the City within ten (10) working days.
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6. City’s Responsibilities
The City shall do the following in a timely manner so as not to delay the ser vices of
the Provider:
a. Designate in writing a person to act as the City’s representative with respect to
the services. The City’s designee shall have complete authority to transmit
instructions, receive information, interpret and define the City’s polic ies and
decisions with respect to the services.
b. Furnish the Provider with all information, criteria, objectives, schedules and
standards for the project and the services provided for herein.
c. Arrange for access to the property or facilities as require d for the Provider to
perform the services provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and
other documents prepared by the Provider and render decisions regarding such
documents in a timely manner to prevent delay of the services.
e. Provide certain equipment and facilities in connection herewith, as follows:
(1) Allow access to Airport Facilities
(2) Allow use of all or a portion of the Airport Management Office building, the
area of which shall be agreed to by the parties.
(3) Allow use of Fueling Facilities, permanent and/or temporary
f. Provide Major Capital Improvements, Major Repairs and Equipment
Replacement Expenses that are not a result from negligence on the part of the
Provider shall be the responsibility of the City. For the purpose of this
agreement these shall be defined as follows:
(1) Major Capital Improvements, including but not limited to improvements or
upgrades to the existing utility systems, city equipment, runway, taxiways, city
owned pavements, city owned hangers and buildings except as otherwise
provided under a lease or rental agreement, tie down areas, signage, gates and
fencing.
(2) Major Repairs, which include repairs to any city-owned facilities or
equipment that exceed $2,000.00 to complete.
(3) Major Equipment Replacements include replacement at the end of
equipment service life for City owned equipment that extends the life of
significantly increases the value of the equipment unless provided for
elsewhere in this agreement.
7. Prevailing Wages
When required by state law, and as directed in writing by the City, the Provider
shall be responsible for the payment of prevailing wages for direct or
subcontracted services such as janitorial services for City facilities that are not part
of the Providers offices as provided in Section 6e of this Agreement for Services
and landscape maintenance.
For any contractor or subcontractor hired by the Provider in connection here with,
the Provider shall submit to the City a request for determination of the need to pay
prevailing wages. The City shall respond in writing to such request within seven (7)
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Page 4 of 12
working days of the receipt of the request, unless the City communicates in writing
to the Provider that additional time is needed for such determination.
The Provider shall comply with every provision of the Revised Code of Washington
Chapter 39.12. A copy of a Statement of Intent to Pay Prevailing Wages,
approved by the Industrial Statistician of the Department of Labor & Industries,
must be submitted to the City prior to any payment for services rendered. An
Affidavit of Wages Paid must be received by the City prior to issuance of final
payment.
8. Acceptable Standards
The Provider shall be responsible to provide, in connection with the services
contemplated in this Agreement, work products and services of a quality and
professional standard acceptable to the City.
a. The Provider and the City shall, at all time, act in good faith and cooperate
fully with each other, their respective agents, employees, contractors,
subcontractors, and concessionaires; any other parties leasing or using
space or providing services at the Airport, and the patrons of the Airport and
the future development thereof, including, but not limited to, the applica tion
for and obtaining of any government approvals in connection therewith; the
administration and enforcement of the existing agreements; and the general
performance by the Provider of its rights, duties and obligations under this
Agreement.
b. The Provider shall assist the City in securing any approvals from the
Federal Aviation Administration (FAA) required for the Provider to operate
and maintain the Airport under the City’s FAA Operating Certificate. The
City and the Provider jointly shall cooperate to maintain the FAA Operating
Certificate throughout the term and any extended term of this Agreement.
c. If this Agreement is terminated for any reason, or if it is to expire on its own
terms, the Parties shall make every effort to assure to the fullest ext ent
possible under the circumstances (a) an orderly transition to another
provider of the services required under this Agreement, (b) an orderly
demobilization of the Provider's own operations in connection with such
services, (c) uninterrupted provision of such services during any transition
period, and (d) compliance with the reasonable requests and requirements
of the City in connection with such termination or expiration.
d. The Provider shall interface with any private security services at the Airport,
and shall jointly or separately perform daily inspections of the Airport
premises insuring that gates are timely opened and closed, and shall further
communicate to the City any concerns voiced by tenants or other users of
the Airport, and where police, fire or other code or emergency response
agency is called in, to cooperate with such responses and/or investigations.
e. The Provider shall also obtain and maintain in good standing training to deal
with emergencies, as directed by the City. The Provider shall also be
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Page 5 of 12
familiar with the City Emergency Preparedness PIan applicable to the
Airport and its on-site fuel system, and shall act in accordance therewith.
f. The Provider shall also notify, when and where appropriate, the FAA, and
any other State, regional or federal agencies and the City when accidents,
actions or occurrences take place at the Airport. In any event, the Provider
shall notify the City, and with respect to a question of whether another
outside agency should also be notified, and in the event that the Provider is
unsure as to whether such outside agency, or which outside agency should
be notified, the question shall be presented to the City and the City shall
determine whether such notice shall be provided and to whom such notice
would be provided.
9. Compensation
As compensation for the Provider’s performance of the services provided for
herein, the City shall pay the Provider the fees and costs as indicated here. The
Provider shall submit to the City an invoice or statement of time spen t on tasks
included in the scope of work provided herein, and the City upon acceptance of the
invoice or statement shall process the invoice or statement in the next billing/claim
cycle following receipt of the invoice or statement, and shall remit payment to the
Provider thereafter in the normal course, subject to any conditions or provisions i n
this Agreement or Amendment. The Agreement number must appear on all
invoices or statements submitted. The not-to-exceed amount for this agreement
shall be $233,588.25 for 2017 and $419,535.00 for 2018.
10. Time for Performance and Term of Agreement
The Provider shall not begin any work under this Agreement until authorized in
writing by the City. The Provider shall perform the services provided for herein in
accordance with Exhibit “1” attached hereto and incorporated herein by this
reference, unless otherwise agreed to in writing by the parties. The Term of this
Agreement shall commence on the 1st day of June, 2017, and terminating on the
31st day of December, 2018, unless otherwise agreed to in writing by the parties.
11. Ownership and Use of Documents
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise
prepared by the Provider as part of his performance of this Agreement (the “Work
Products”) shall be owned by and become the property of the City, and may be
used by the City for any purpose beneficial to the City.
Provider shall maintain on site all records required for the operations of the Airport
and shall be accessible to the City at all times. Upon termination of expiration of
this agreement, all records shall be surrendered to the City. Records from previous
years of service shall be kept for a minimum of 6 years and destroyed only after
consultation with and approval by the City.
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AG-S-095
Page 6 of 12
12. Records Inspection and Audit
All compensation payments shall be subject to the adjustments for any amounts
found upon audit or otherwise to have been improperly invoiced, and a ll records
and books of accounts pertaining to any work performed under this Agreement
shall be subject to inspection and audit by the City for a period of up to three (3)
years from the final payment for work performed under this Agreement.
13. Continuation of Performance
In the event that any dispute or conflict arises between the parties while this
Contract is in effect, the Provider agrees that, notwithstanding such dispute or
conflict, the Provider shall continue to make a good faith effort to coopera te and
continue work toward successful completion of assigned duties and
responsibilities.
14. Administration of Agreement
This Agreement shall be administered by Jamelle Garcia, Managing Member,
Aviation Management Group, on behalf of the Provider, and by the Mayor of the
City, or designee, on behalf of the City. Any written notices required by the terms
of this Agreement shall be served on or mailed to the following addresses:
City of Auburn:
Kevin Snyder, AICP
Community Development
& Public Works Director
25 West Main Street
Auburn, WA 98001
253-931-3091
ksnyder@auburnwa.gov
Aviation Management Group,
Jamelle Garcia
Managing Member
36618 55th Ave. S.
Auburn, WA 98001
253-939-4273
jamelle@S50wa.com
15. Notices
All notices or communications permitted or required to be given under this
Agreement shall be in writing and shall be deemed to have been duly given if
delivered in person or deposited in the United States mai l, postage prepaid, for
mailing by certified mail, return receipt requested, and addressed, if to a party of
this Agreement, to the address for the party set forth above.
Either party may change his, her or its address by giving notice in writing, stating
his, her or its new address, to the other party, pursuant to the procedure set forth
above.
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16. Insurance
The Provider shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the
Provider, or the Provider’s agents, representatives, employees, or subcontractors.
Provider’s maintenance of insurance as required by the Agreement shall not be
construed to limit the liability of the Provider to the coverage provided by such
insurance, or otherwise limit the City’s recourse to any remedy available at law or
in equity.
The Service Provider shall obtain insurance of the types described below:
a. Airport Liability Insurance which includes coverage for premises liability,
products/completed operations, independent contractors, stop gap liability,
personal and advertising injury, hanger-keepers liability, pollution liability,
liability assumed under contract and a breach of warranty clause. Provider shall
maintain airport Liability Insurance with limits no less than $10,000,000.00 per
occurrence, $10,000,000.00 general aggregate and $10,000,000.00 products -
completed operations aggregate limit. The City shall be named as an additional
insured on the Airport Liability Insurance Policy.
b. Automobile Liability insurance, covering all owned, non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office (ISO)
form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability
coverage. Provider shall maintain automobile insurance with minimum
combined single limit for bodily injury and property damage of $1,000,000.00
per accident.
c. Commercial General Liability insurance shall be written on ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products-completed operations, stop gap liability,
personal injury and advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be endorsed to
provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85.
There shall be no endorsement or modification of the Commercial General
Liability insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an insured under the
Contractor’s Commercial General Liability insurance policy with respect to the
work performed for the City using ISO Additional Insured endorsement
CG 20 10 10 01 and Additional Insured-Completed Operations endorsement
CG 20 37 10 01 or substitute endorsements providing equivalent coverage.
Commercial General Liability insurance shall be written with limits no less than
$1,000,000.00 each occurrence, $2,000,000.00 general aggregate, and a
$2,000,000.00 products-completed operations aggregate limit.
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d. W orker’s Compensation coverage as required by the Industrial Insurance la ws
of the State of Washington.
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability insurance:
a. The Provider’s insurance coverage shall be primary insurance as respects to
the City. Any insurance, self-insurance, or insurance pool coverage maintained
by the City shall be excess of the Provider’s insurance and shall not contribute
with it.
b. The Provider’s insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after 30 days prior written notice by certified
mail, return receipt requested, has been given to the City.
Insurance is to be placed with an authorized insurer in Washington State . The
insurer must have a current A.M. Best rating of not less than A:VII.
Provider shall furnish the City with certificates of insurance and a copy of the
amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the Provider
before commencement of the work. The City reserves the right to require that
complete, certified copies of all required insurance policies be submitted to the C ity
at any time. The City will pay no progress payments under Section 9 until the
Provider has fully complied with this section.
17. Indemnification/Hold Harmless
The Provider shall defend, indemnify and hold the City and its officers, officials,
employees, agents, and volunteers harmless from any and all claims, injuries,
damages, losses, or suits including attorney fees, arising out of or in connection
with the performance of this Agreement, except for injuries and damages caused
by the sole negligence of the City.
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 Provider and the City, its officers, officials, employees, and
volunteers, the Provider’s liability hereunder shall be only to the extent of the
Provider’s negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Provider’s waiver of im munity under
Industrial Insurance, Title 51 RCW , solely for the purposes of this indemnification.
This waiver has been mutually negotiated by the parties. The provisions of this
section shall survive the expiration or termination of this Agreement.
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18. Assignment
Neither party to this Agreement shall assign any right or obligation hereunder in
whole or in part, without the prior written consent of the other party hereto , which
consent shall not be unreasonably withheld. No assignment or transfer of any
interest under this Agreement shall be deemed to release the assignor from any
liability or obligation under this Agreement, or to cause any such liability or
obligation to be reduced to a secondary liability or obligation.
19. Nondiscrimination
The Provider may not discriminate regarding any services or activities to which this
Agreement may apply directly or through contractual, hiring, or other arrangements
on the grounds of race, color, creed, religion, national origin, sex, sexual
orientation, age, or where there is the presence of any sensory, mental or physical
handicap.
20. Services in Potential Competition with Provider
The Provider shall provide services to clients, customers and tenants of the Airport
with fairness and without regard to whether a c lient, customer or tenant is engaged
in a business that competes or potentially competes with a business of the
Provider, or with a business in which any principal, partner or participant of the
Provider is also a principal, partner or participant. Towards that end, the Provider
shall notify ALL clients, customers and tenants and prospective clients, customers
and tenants of the Airport of this requirement, and shall also notif y them that if they
feel that the Provider has not treated them in a fair manner, they may seek relief
from the Mayor or the Mayor's designee of the City in terms of the services, use of
premises or other activity related to the Airport. Decisions by the Mayor or
designee in such cases shall be binding on the parties, provided that any party
aggrieved by such decision may appeal the decision to the City of Auburn Hearing
Examiner, according to the procedures of the City of Auburn therefor.
There shall be no direct or indirect relationships, business or otherwise with private
hangar owners or tenants during the term of the Agreement without the consent of
the City. Consent will not be unreasonably withheld. If any exist, any and all
relationships shall be terminated within thirty (30) calendar days of execution of
this Agreement. For the purposes hereof, the City consents to the Airport Business
Consulting Service currently being offered by the Provider.
21. Amendment, Modification or Waiver
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the
party or parties to be bound, or such party’s or parties’ duly authorized
representative(s) and specifying with particularity the nature and extent of such
amendment, modification or waiver. Any waiver by any party of any default of the
other party shall not affect or impair any right arising from any subsequent default.
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22. Remedies not Limited
Nothing herein shall limit the remedies or rights of the parties hereto under and
pursuant to this Agreement.
23. Termination and Suspension
a. Either party may terminate this Agreement upon written notice to the other
party if the other party fails substantially to perform in accordance with the
terms of this Agreement through no fault of the party t erminating the
Agreement.
It is provided, however, that the terminating party shall give the other party
notice of the specific area(s) of performance that has/have not been
performed and shall further give seven (7) working days for such performance
to be fully performed in accordance with the terms of this Agreement prior to
termination. If such failure to perform is corrected within said seven (7)
working day's period, then the Agreement shall not be subject to termination
under this sub-paragraph.
b. The City or the Provider may terminate this Agreement upon not less than
one hundred twenty (120) days written notice to the other party.
c. If this Agreement is terminated through no fault of the Provider, the Provider
shall be compensated for services performed prior to termination in
accordance with the rate of compensation provided in Section 9 hereof.
24. Parties in Interest
This Agreement shall be binding upon, and the benefits and obligations provided
for herein shall inure to and bind, the parties hereto and their respective
successors and assigns, provided that this section shall not be deemed to permit
any transfer or assignment otherwise prohibited by this Agreement. This
Agreement is for the exclusive benefit of the parties hereto and it does not create a
contractual relationship with or exist for the benefit of any third party, including
contractors, sub-contractors and their sureties.
25. Costs to Prevailing Party
In the event of such litigation or other legal action, to enforce any rights,
responsibilities or obligations under this Agreement, the prevailing parties shall be
entitled to receive its reasonable costs and attorney’s fees.
RES.A Page 55 of 108
AG-S-095
Page 11 of 12
26. Applicable Law
This Agreement and the rights of the parties hereunder shall be governed by and
interpreted in accordance with the laws of the State of Washington and venue for
any action hereunder shall be in of the county in Washington State in which the
property or project is located, and if not site specific, then in King County,
Washington; provided, however, that it is agreed and understood that any
applicable statute of limitation shall commence no later than the substantial
completion by the Provider of the services.
27. Captions, Headings and Titles
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph or
sections to which they apply. As used herein, where appropriate, the singular shall
include the plural and vice versa and masculine, feminine and neuter expressions
shall be interchangeable. Interpretation or construction of this Agreement shall not
be affected by any determination as to who is the drafter of this Agre ement, this
Agreement having been drafted by mutual agreement of the parties.
28. Severable Provisions
Each provision of this Agreement is intended to be severable. If any provision
hereof is illegal or invalid for any reason whatsoever, such illegality o r invalidity
shall not affect the validity of the remainder of this Agreement.
29. Entire Agreement
This Agreement contains the entire understanding of the parties hereto in respect
to the transactions contemplated hereby and supersedes all prior agreemen ts and
understandings between the parties with respect to such subject matter.
30. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be
one and the same Agreement and shall become effective when one or more
counterparts have been signed by each of the parties and delivered to the other
party.
RES.A Page 56 of 108
AG-S-095
Page 12 of 12
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed effective the day and year first set forth above.
CITY OF AUBURN AIRPORT MANAGEMENT GROUP. LLC,
d/b/a AVIATION MANAGEMENT GROUP
_____________________________
Nancy Backus, Mayor Signature
Name:
Title:
Federal Tax ID No: ___________________
Attest:
_____________________________
Danielle Daskam City Clerk
Approved as to form:
_____________________________
Daniel B. Heid, City Attorney
RES.A Page 57 of 108
AG-S-095, EXHIBIT 1
Page 1 of 8
EXHIBIT 1
SCOPE OF SERVICES
The PROVIDER shall provide the following services in the administration of the Auburn Municipal Airport
(AIRPORT) on behalf and at the direction of the City of Auburn (CITY):
A. PROVIDER shall assist in the administration and enforcement of the lease agreements, contracts,
documents, and instruments relating to the AIRPORT or its operation to which CITY is a party.
Such administration and enforcement assistance shall be consistent with the terms of the
Agreement for Services and be done in a manner that PROVIDER, in consultation with the CITY,
shall deem necessary or desirable for the efficient operation, maintenance, and management of
the AIRPORT.
B. CITY specifically authorizes PROVIDER to request and demand all rent and other such charges and
to initiate collection activities when PROVIDER shall deem necessary or appropriate, on behalf of,
and in the name of, CITY to collect such rent and other charges. All such rent and other charges
described below shall be collected by PROVIDER on behalf of CITY, and accounted for as provided
in the Agreement for Services. However, commencement of legal proceedings is subject to final
approval of CITY and may, at the CITY’s discretion, be handled by the CITY.
C. PROVIDER may propose to the CITY capital improvement or property development work as a
result of its concept development and planning functions or related work as set forth in the
Agreement for Services.
D. PROVIDER will manage and operate the AIRPORT for the use and benefit of CITY and the general
public, in accordance with the requirements of the Agreement for Services, and on fair and
reasonable terms without unjust discrimination, seven (7) days a week, twenty-four (24) hours a
day, in a safe and efficient manner and maintain it in a clean, orderly, safe, and operational
condition in conformity with applicable Federal, State and local laws, rules and regulations.
E. Without limiting the foregoing services to be provided by PROVIDER services shall include any of
the following as directed by the CITY: operation, management, concession, and janitorial service
as needed in any CITY-owned AIRPORT building or activity and not provided for though other
leases or if the space is vacant; advertising; compliance with applicable security requirements of
the FAA or other jurisdictional agency, subject to Section BB of this Scope of Services; airport and
grounds maintenance, ramp operations, airfield signage. and navigation, and general aviation
facilities maintenance: operation and management; public relations, and marketing. PROVIDER
shall not cause or permit any activity or action at the AIRPORT or on property in the vicinity of the
AIRPORT which would interfere with its use of the AIRPORT for AIRPORT purposes.
F. PROVIDER shall provide fueling services at the AIRPORT. In connection therewith, PROVIDER shall
be responsible for purchasing the fuel wholesale, CITY and PROVIDER shall be jointly entitled to
set the retail price of the fuel and each shall be entitled to retain fifty percent (50%) of the net
proceeds from such fuel sales. Net proceeds is defined for these purposes as the remainder of
RES.A Page 58 of 108
AG-S-095, EXHIBIT 1
Page 2 of 8
funds after all normal and applicable expenses have been deducted from revenue produced from
fuel sales. Normal and applicable expenses do not include major repairs (as defined in Section 6
of the Agreement for Services) or improvements to the fueling facility. PROVIDER shall submit
monthly an accounting of the fuel revenue. PROVIDER shall submit a detailed summary of
revenue and applicable expenses to the CITY quarterly and remit the CITY'S share of the net
proceeds from fuel sales.
G. PROVIDER will develop and submit recommended schedules of rates, fees, and charges (exclusive
of the retail price for fuel) annually for approval by CITY, provided that the schedule of rates, fees,
and charges will not alter the rental rates in existing leases or agreements except as provided
therein. PROVIDER will also collect and reconcile all rental and/or lease payments and fees due,
using uniform procedures to provide accountability, control and security of funds.
H. PROVIDER shall assist CITY, with respect to CITY's dealings with all applicable Federal and State
authorities, provided, however, that CITY shall remain solely responsible to the Federal Aviation
Administration ("FAA") for the compliance with CITY's obligations under the law and under
Federal Grant Agreements unless such compliance is the responsibility of PROVIDER under the
Agreement for Services. PROVIDER is aware of and agrees to honor and respect the existing grant
agreements between the CITY and FAA, including related FAA assurances.
I. No exclusive right for the use of the AIRPORT by any persons providing, or intending to provide,
aeronautical services to the public shall be permitted within the meaning of Section 308 of the
Federal Aviation Act of I958.
J. Security: PROVIDER agrees to provide AIRPORT security during non-business office hours, three
hundred and sixty-five (365) days per year. The PROVIDER will bill each TENANT on the AIRPORT
the rate as set in the City of Auburn Master Fee Schedule.
K. Hours of Operation (business hours): PROVIDER shall operate the AIRPORT for public access
twenty-four (24) hours daily. At least one PROVIDER staff person shall be available at the AIRPORT
Monday through Friday 8:00a.m. to 5:00p.m. (exclusive of state and federal holidays) to assist the
public. During non-business hours, PROVIDER shall maintain a method of contacting the on-duty
staff person for assistance, via email or cellular telephone. PROVIDER will maintain and post a
list, easily accessible to those needing fuel or other services, of Fixed Based Operations (FBO) able
to provide fueling and ramp services on short notice outside of normal business hours.
L. If after hours’ callout is required due to emergency response related to Operations of the Airport
requiring PROVIDER staff to be on site, a fee of $75.00 per staff hour with a one-hour minimum
will be billed to the CITY. The PROVIDER will notify the City within 24 hours of the emergency
situation. The PROVIDER will provide all necessary documentation of the personnel, equipment
and materials used in the emergency response as determined by the City for the City to seek
reimbursement of costs. Provider will assist the CITY in recovering from the entity requiring the
afterhours assistance.
M. Operating Policies and Procedures: PROVIDER shall provide and maintain a staff training program
and complete library of AIRPORT operating policies and procedures at the offices of the PROVIDER
at the AIRPORT.
N. Collection of Fees and Rentals: PROVIDER shall provide for routine invoicing and collection of all
fees, rentals, and property lease charges due the AIRPORT including:
RES.A Page 59 of 108
AG-S-095, EXHIBIT 1
Page 3 of 8
1. Property leases;
2. Hangar rents;
3. Transient and permanent tie-down fees;
4. Business office rent;
5. All other AIRPORT revenues
PROVIDER shall prepare and deposit cash receipts within 24 hours of receipt of the next business
day if received on a non-business day on behalf of the CITY and forward bank’s deposit slips to
the City of Auburn Finance Department. The PROVIDER shall also prepare and submit to the City
of Auburn Finance Department with carbon copy to the City of Auburn Community Development
and Public Works Department a standard accounting report of all collections, on a monthly basis,
no later than the fifth working day after the end of the month in which the collections are made.
O. Credit Card Processing: In the event that the PROVIDER wishes to accept credit cards for payment
of fees other than fueling, the PROVIDER will work with the City in advance to establish the
process and procedures acceptable to the City.
P. Emergency Preparedness: PROVIDER will have available persons trained in the manner required
by applicable FAA regulations to respond to emergencies, such as fires, aircraft incidents, or
disasters.
Q. Financial Reports: PROVIDER shall maintain monthly records of all financial transactions relating
to all rent and other such charges collected as defined in section B of Exhibit 1. The format and
content of the monthly financial report shall be subject to the approval of the CITY's Finance
Director with carbon copies to the Community Development and Public Works Director and
Assistant Director of Engineering Services/City Engineer. Financial Reports will be submitted no
later than the fifth working day after the end of the month.
R. Support of AIRPORT Interest Groups: PROVIDER's management shall act as the representative of
the CITY through participation in meetings and activities of present and future AIRPORT user or
interest groups. Reports on such meetings and events shall be provided to the CITY.
S. Emergency Expenditures: PROVIDER shall be authorized to make emergency expenditures not to
exceed $5,000.00 in situations where immediate action is deemed necessary to protect the safety
of the general public or protect physical assets of AIRPORT.
1. Report: Subsequent to authorizing emergency expenditures, PROVIDER shall provide a
written report to the CITY within five (5) calendar days. The emergency action shall be
reviewed by the CITY within fifteen (15) calendar days.
2. Reimbursement: Upon review and approval by the CITY of the emergency expenditure,
the CITY shall process the request for reimbursement to PROVIDER.
T. CITY Reimbursement: If PROVIDER fails to perform any operational or financial obligation
necessary to continued operation of the AIRPORT, CITY reserves the right to perform such
obligation of PROVIDER as may be necessary to assure continued operation of the AIRPORT and
to seek reimbursement from PROVIDER and/or withhold monies from any payments due to the
PROVIDER.
U. Maintenance/Utilities:
1. Preventative Maintenance /Minor Repairs:
RES.A Page 60 of 108
AG-S-095, EXHIBIT 1
Page 4 of 8
a. PROVIDER agrees to develop and carry out at its sole expense a continuing program
of preventative maintenance and minor repair activities providing general upkeep
against normal wear and tear such that the AIRPORT facilities are at all times in a
serviceable condition for use in the way and manner they were designed to be used.
Preventative maintenance and minor repair activities do not include major repairs as
defined in Section 6 of the Agreement for Services. PROVIDER’s responsibility for
“Preventative Maintenance and Minor Repairs” shall be limited to $25,000.00
accumulated annually. All maintenance procedures and programs shall be consistent
with requirements of Federal, State and CITY agencies.
b. In furtherance of that responsibility, PROVIDER will:
i. Regularly inspect the AIRPORT for needed maintenance and repairs; and
ii. Perform scheduled preventative maintenance including preventative
maintenance of the paved surfaces, hangar and other structure
preventative maintenance, signage maintenance, mowing of grass,
fencing maintenance and weather related maintenance; and
iii. Remove, to the greatest extent legally and practically possible,
obstructions and restrictions as identified in FAA regulations; and
iv. Operate and maintain all existing or future upgraded AIRPORT owned
systems necessary and appropriate for operation of the AIRPORT
inclusive of lighting and markings necessary for runway operation.
2. Restorative Maintenance - Major Repairs: Subject to expenditures approved, budgeted
and authorized by the Mayor of CITY or his/her designee, PROVIDER agrees to perform
restorative maintenance and major repairs. PROVIDER also agrees to perform
unanticipated major repairs. Unanticipated major repairs include, without limitation, the
cost of major repair or replacement of fuel pumps and associated equipment such as fuel
dispensing equipment, the fuel tanks and pedestal due to premature failure, and the
office building adjacent to the fuel facility. All such work is subject to reimbursement by
CITY as work compensated under the procedures of Section 2 of the Agreement for
Services. CITY agrees to provide such reimbursement within forty-five (45) calendar days
of presentation by PROVIDER of its invoices including all back up documentation as
deemed necessary by the CITY.
3. Temporary Closure: Nothing contained herein shall be construed to require that the
AIRPORT be operated for aeronautical use during temporary periods when snow, flood,
or other climatic conditions interfere with such operation and maintenance. PROVIDER
will remove snow and ice within the capacity of the PROVIDER'S equipment. If the
PROVIDER’s Capacity is exceeded, the PROVIDER will notify the City Immediately of the
need. CITY shall remove snow and ice from the runways and taxiways as City resources
allow.
4. Federal Facilities: AIRPORT aids operated and maintained by the FAA shall be specifically
excluded from any maintenance requirements under the Agreement for Services.
RES.A Page 61 of 108
AG-S-095, EXHIBIT 1
Page 5 of 8
5. Emergency Support Services: PROVIDER and the CITY shall each maintain authorized
representatives on call at all reasonable times to act on behalf of their respective Parties
for unusual, difficult, or emergency maintenance situations at the AIRPORT.
6. AIRPORT Utilities and Other Charges: PROVIDER agrees, at its sole expense, to pay all
charges for the AIRPORT's electrical, water, sewer (if any), security personnel (if any), fire
system monitoring, annual fire extinguisher inspection, fire system annual inspection and
portable sanitation units that is not attributable to a specific tenant or leased property.
PROVIDER is not responsible for the payment or collection of any storm water charges;
but it is the responsibility of the CITY Utilities for billing and collection and the AIRPORT's
enterprise fund for the payment of storm water fees.
V. Industrial Storm Water Permit Compliance.
a. The PROVIDER shall assist the CITY in maintaining compliance with the City’s Industrial
General Stormwater Permit (Permit) for the Airport. This includes but is not limited to:
i. File and Maintain on site the appropriate documents to meet the intent of the
Permit conditions. These include but are not limited to the following:
1. Monthly Inspection Reports
2. Annual Report (Provided by the City)
3. DMR Reports (Provided by the City)
4. Quarterly Sampling Documentation and Lab Results (Provided by the
City)
5. Employee Training Log (For Providers Employees)
6. Commercial Tenant Training Log
7. Stormwater Pollution Prevention Plan (SWPPP) (Provided by the City)
8. Copies of the Permit (Provided by the City)
9. Copies of the Permit Coverage Letter (Provided by the City)
10. Spill Log
ii. Perform monthly storm system and site inspections and complete monthly
inspection reports on Monthly Site Inspection Form and provide a copy to the
City.
iii. Perform annual Stormwater Pollution Prevention Plan (SWPPP) and Permit
training for Providers Employees and Commercial tenants as required by the
Permit. This includes training of new staff at the time of hire.
iv. Perform ongoing monitoring of pollutant sources and illicit discharges, including
maintenance and implementation of specific Best Maintenance Practices (BMPs)
as required for source control of pollutants associated with airport operations per
the SWPPP. This includes but is not limited to such things as runway sweeping,
fuel delivery to the on-site tank, and other BMP’s per the SWPPP.
v. Perform corrective actions to control spills and pollutant sources as required by
the Permit, including spill logs and communication with other required agencies
as appropriate for the situation. In all cases, provide immediate notification to
the City.
RES.A Page 62 of 108
AG-S-095, EXHIBIT 1
Page 6 of 8
vi. PROVIDER will assist the City with periodic updates of the Stormwater Pollution
Prevention Plan (SWPPP) as needed and required by the City’s NPDES Phase 2
Permit.
vii. Perform quarterly discharge monitoring for visual oil sheen during periods of
consistent attainment as defined by the Permit through October of 2017.
b. The City will provide the following:
i. Copies of Permit documentation
ii. Copy of the SWPPP
iii. Copies of all DMR Reports completed by the City
iv. Annual Report completed by the City
v. Copy of the permit Coverage Letter when received by the City
vi. Sampling records and lab test results for sampling done by the City.
vii. Work with the PROVIDER to develop an appropriate training plan for the
PROVIDER’s employees and the commercial tenants.
viii. Provide any necessary training for the PROVIDER’s employees to perform the
monthly inspections, address spill issues, and completing the visual oil sheen
inspections.
W. Environmental Protection.
1. With assistance from the PROVIDER, CITY shall develop and maintain policies to assure
that the AIRPORT and AIRPORT tenants maintain compliance with Environmental
Protection Agency (EPA) standards and City of Auburn codes and/or other federal and
state regulations of treatment of waste oils, fuel, solvents, etc. which may be used in
aircraft, or related to aircraft manufacturing, servicing, or repair.
2. Leases and other contracts and agreement and informational documents developed by
CITY and approved by CITY, PROVIDER will advise AIRPORT tenants of their obligation to
comply with all environmental laws, including, but not limited to, Environmental
Protection Agency (EPA) standards and City of Auburn codes and/or other federal and
state regulations for treatment of waste oils, fuel, solvents, and other hazardous or toxic
materials which may be used in aircraft or in the course of aircraft manufacturing,
servicing or repair, storm water runoff, wetlands, and other laws and requirements of the
United States, the State of Washington, or CITY. Violations of those laws will be
prosecuted by the responsible government agencies against the tenants directly.
X. Planning. Development, and Audit:
1. Planning and Development: CITY shall, with the assistance of PROVIDER and with the
Airport Advisory Board, provide for planning and development of the AIRPORT and the
surrounding AIRPORT lands in cooperation with CITY staff. PROVIDER shall assist as
requested by the CITY in the development of new facilities and services in accordance
with the currently approved Airport Master Plan.
2. Airport Layout Plan (ALP): PROVIDER shall submit periodic input concerning the ALP to
CITY. CITY agrees to update the ALP database and provide revised copies of the ALP as
requested by PROVIDER or required by governing agencies.
RES.A Page 63 of 108
AG-S-095, EXHIBIT 1
Page 7 of 8
3. Five-Year Capital Plan: PROVIDER shall assist the CITY with the development of and
updates to the currently adopted five-year AIRPORT Capital Improvement Plan. The Plan
shall support requests for the continuing development of the AIRPORT with Federal and
State funding. The CITY shall be responsible for updating the Washington State
Department of Transportation-Aviation Division (WSDOT-Aviation) and FAA on changes
to the AIRPORT’s Capital Plan.
4. Quality Review: It is agreed that PROVIDER will allow a review by an independent firm of
the quality of management of the AIRPORT. This review may be conducted annually or at
any time considered appropriate. CITY may select a firm to perform the review. CITY will
also bear the cost of the review. PROVIDER shall make all records relating to the
Agreement for Services available for review and audit during normal business hours by
the CITY and/or independent auditor.
Y. PROVIDER shall assist the CITY in the preparation of a Biennial Budget as requested that shall
include the following:
1. Revenues: A detailed projection of revenues relating to AIRPORT fees and services
collected by the PROVIDER for each calendar year shall be developed. The projection shall
be submitted by PROVIDER on or about August 1 of the initial year of the Biennial Budget
for review and concurrence. For the second year of the Biennial Budget, this plan shall be
submitted by April 1 for the two (2) following years.
2. Expenses: For Operational costs not identified in Exhibit 2 of the Agreement for Services,
PROVIDER shall provide a detailed projection of operational needs anticipated for each
calendar year.
3. Capital Improvements: PROVIDER shall provide comments on the City’s Capital Facilities
Plan as requested by CITY.
Z. Performance Standards: PROVIDER must perform reasonably, safely, legally, and in a manner
consistent with the Agreement for Services. PROVIDER shall also be responsible to provide, in
connection with the services contemplated in the Agreement for Services, work product and
services of a quality and professional standard acceptable to the CITY. PROVIDER shall not
conduct operations in or on the AIRPORT in a manner which in the reasonable judgment of CITY·
1. Interferes with the reasonable use by others of the AIRPORT.
2. Hinders police, fire department or other emergency personnel in the discharge of their
duties at the AIRPORT.
3. Would constitute a hazardous condition at the AIRPORT.
4. Would involve any illegal purpose.
5. Is not materially in accordance with the Agreement for Services.
AA. PROVIDER'S Duty to repair: PROVIDER shall repair any and all damage to the property of CITY
located at the AIRPORT caused by PROVIDER, its agents or employees.
BB. Compliance With Heightened Security Requirements: PROVIDER shall, if required by additional
regulatory requirements for AIRPORT security of the FAA, Homeland Security or any other
jurisdictional agency, make changes to the security procedures and/or equipment used to provide
AIRPORT security, provided that CITY agrees to pay as work compensated under the procedures
of Section 2 of the Agreement of Services the reasonable out of pocket cost incurred by
RES.A Page 64 of 108
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Page 8 of 8
PROVIDER, subject to prior approval of the CITY, to comply with changed requirements imposed
after the effective date for capital improvements such as additional or higher fencing, surveillance
or monitoring equipment or other capital investments which are mandated by law. CITY shall
have the right to inspect estimates of cost to comply before expenditures are made and suggest
alternatives, but PROVIDER shall be reimbursed its reasonably necessary cost to comply with new
security mandates within forty-five (45) calendar days of presenting invoices with all back up
documentation deemed necessary by the CITY for such cost, following the inspection described
above.
CC. Exclusion for Litigation Support: The Scope of Services does not include services of PROVIDER for
required or requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken where defended by CITY in connection with this Agreement in an action to
which PROVIDER is not a party. All such services required or requested of PROVIDER by the CITY,
will be work compensated under Section 2 of the Agreement.
DD. Wildlife Depredation: PROVIDER shall, if required to maintain and protect the public health and
safety resulting from and relating to airport operations, engage in a program of wildlife control
measures, to include wildlife depredation, so long as said activities are conducted in compliance
with the provisions of a Wildlife Hazard Management Plan acceptable by the Federal Aviation
Administration. PROVIDER shall for any shooting activities comply with the terms of a current
Migratory Bird Depredation Permit for any bird species protected by the Migratory Bird Treaty
Act (16 U.S.C. 703-712. Shooting activities shall also comply with the Auburn Code 9.34.030 and
all other applicable federal, state and local laws, and shall be conducted so as to minimize the
risk of injury to persons or to real or personal property.
RES.A Page 65 of 108
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5284
Date:
April 26, 2017
Department:
City Attorney
Attachments:
Resolution No. 5284
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5284.
Background Summary:
The Auburn City Council Safe Communities ad hoc committee has been meeting over
the last several months to look at how it can address the need for City Council action
espousing and updating an earlier resolution supporting an inclusive and diverse
community.
Various different options were evaluated and considered, and at the April 24th Council
Study the City Council consensus was a resolution updating the National League of
Cities inclusiveness resolution adopted a number of years ago.
Resolution No. 5284 focuses on reaffirming the City Council's commitment to Auburn
being an inclusive and diverse community. This Resolution also identifies the City's
position with respect to the legal and constitutional rights enjoyed by all people
residing in Auburn.
Reviewed by Council Committees:
Councilmember: Staff:Heid
Meeting Date:May 1, 2017 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 66 of 108
----------------------------------
Resolution No. 5284
April 25, 2017
Page 1 of 3
RESOLUTION NO. 5 2 8 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AFFIRMING OF THE VALUE OF
ALL AUBURN RESIDENTS
WHEREAS, the City of Auburn is committed to inclusiveness and diversity as
fundamental aspects of our community; and
WHEREAS, the City is authorized by Section 35A.11.030 of the Revised Code of
Washington (RCW) to define the functions, powers, and duties of its officers and
employees and to adopt and enforce ordinances appropriate to the good government of
the City; and
WHEREAS, under state law, the functions, powers, and duties of City officers
and employees does not include responsibility for enforcement of federal immigration
law; and
WHEREAS, the good government of the City includes recognizing that all people
are vital to our shared prosperity and that all people must be respected and valued; and
WHEREAS, local elected officials can and should lead the way forward in making
inclusiveness and diversity priorities; and
WHEREAS, the Fourteenth Amendment to the U.S. Constitution guarantees the
equal protection of the laws to all persons, not just citizens and residents, stating that
“[n]o state shall . . . deprive any person of life, liberty, or property, without due process
of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
[U.S. Const. amend. XIV, § 1]; and
WHEREAS, the courts of this state as well as the United States have repeatedly
stated that “the equal protection clause applies to resident aliens as well as citizens.”
RES.B Page 67 of 108
----------------------------------
Resolution No. 5284
April 25, 2017
Page 2 of 3
Herriott v. City of Seattle, 81 Wn.2d 48, 500 P.2d 101 (1972), citing Takahashi v. Fish &
Game Comm'n, 334 U.S. 410, 420, 68 S.Ct. 1138, 92 L.Ed. 1478 (1948); and the City
Council finds that is in in the best interest of the City to be an inclusive and diverse
community for all people.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the City Council of the City of Auburn reaffirms its commitment
to making inclusiveness and diversity fundamental aspects of our community, pledges
active efforts to seek to achieve that goal, and urges all residents of the City of Auburn
to join together to support this effort.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2017.
CITY OF AUBURN
_____________________________________
ATTEST: NANCY BACKUS, MAYOR
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
RES.B Page 68 of 108
----------------------------------
Resolution No. 5284
April 25, 2017
Page 3 of 3
_________________________
Daniel B. Heid, City Attorney
RES.B Page 69 of 108
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5291
Date:
April 25, 2017
Department:
Administration
Attachments:
Resolution No. 5291
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5291.
Background Summary:
The CDBG Annual Action Plan provides a concise summary of the actions, activities
and specific federal and non-federal resource that will be used each year to address
the priority needs and specific goals identified by the Consolidated Plan. Action Plan
Amendments carry out new activities using funds covered under the consolidated
plan. The process of a substantial amendment process is required by the U.S.
Department of Housing and Urban Development (HUD) and the City’s Consolidated
Plan to reallocate funds received.
The City of Auburn will reallocate $280,000 in CDBG funds for projects that are
consistent with federal regulations and the objectives and policies of the Auburn
Consolidated Housing and Community Development Plan. The funding will be used to
make ADA updates to Les Gove Park restrooms and to complete housing repair
projects for low-income homeowners in Auburn.
Reviewed by Council Committees:
Councilmember: Staff:Hinman
Meeting Date:May 1, 2017 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 70 of 108
RESOLUTION NO. 5 2 91
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
AMENDIVIENTTO THE 2016 AIVNUAL ACTION PLAN
UPDATE OF THE CONSOLIDATED PLAN
WHEREAS, the City of Auburn was designated as an entitlement community
by the U.S. Department of Housing and Urban Development (HUD) for its
Community Development Block Grant (CDBG) Program; and
WHEREAS, the primary objective of the Consolidated Plan and CDBG
Program is the development of viable urban communities by providing decent
housing and a suitable living environment and expanding economic opportunities,
principally for persons of low- and moderate-income; and
WHEREAS, to allocate additional funds received a substantial amendment
must be made to the Plan, the City of Auburn must amend the 2016 Annual Action
Plan for its Consolidated Plan that serves as a federally required planning document
to guide the City of Auburn's human service and community development efforts;
and
WHEREAS, the planning process to develop the Consolidated Plan involved
citizen participation and guidance from non-profit and governmental agencies
serving low income residents in the community; and
WHEREAS, the City Council of the City of Auburn heard and considered
public comment about its proposed use of Community Development Block Grant
funds and amendment to the 2016 Annual Action Plan; and
Resolution No. 5291
April 25, 2017
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DOES HEREBY RESOLVE:
Section 1. The 2016 Annual Action Plan heretofore adopted by the City of
Auburn City Council is amended to update the City's Consolidated Plan, consistent
with the attached Exhibit "A", making approximately $250,000 of CDBG funds
available for projects that are consistent with federal regulations and with the
objectives and policies of the Auburn Consolidated Housing and Community
Development Plan, primarily to complete housing repair projects for low-income
homeowners in Auburn and to conduct a Fair Housing analysis.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out directions of the legislation.
Section 3. This Resolution shall be in full force and effect upon passage and
signatures hereon.
DATED and SIGNED this day of 2017.
Nancy Backus
Mayor
ATTEST:
Danielle Daskam, City Clerk
APPR VED TO FORM:
Da ` I B. Heid, ity Attorne -----
Resolution No. 5291
April 25, 2017
Page 2 of 2
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Exhibit"A", Resolution No.5291
Executive Summary
AP-OS Executive $ummary- 91.200(c), 91.220(b)
1. Introduction
Each year the Cify of Auburn executes specific actions to implement the goals and strategies of the
Consolidated Plan for Years 2015-2019.Actions that will be undertaken in 2016 are outlined in this
Annual Action Plan.
The City of Auburn received$519,029 in Community Development Block Grant(CDBG)funds in 2016.
The funds were allocated for the City's Housing Repair program ($249,950), Public Seroice Activities
77,550), Economic Development($40,000),support of youth outreach($51,644).and general program
management($100,000).
The City also had a total of$300,XXX in unspent funds accumulated from prior years,The accumulation
is due to projects that were unable to be completed.
The 2016 Action Plan Amendment proposes to reallocate$261,552 of the accumulated funds to the
updafe the City's Les Gove Park bathroom to make them ADA accessible and$20,000 to the City's
Housing Repair program.
The City of Aubum is committed to focusing more on achieving solutions to recurring social problems
and achieve a greater collaboration among service providers.
2. Summarize the objectives and outcomes identified in the Plan
This could be a restatement of items or a table listed elsewhere in the plan or a reference to
another location. It rnay also contain any essential items from the housing and homeless needs
assessment,the housing market analysis or the strategic plan.
With the overall goal of reducing the number of people living in poverty within the City of Auburn,the
following objectives for the 2016 Action Plan Amendment will be employed:
1. Rehabilitate housing occupied by low to moderate income persons.
2. Improve public facilities for a purpose that benefits all residents and at least 51 0 of those
residents are low to moderate income.
Outcomes are as follows:
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1. Increasing the affordability,accessibility and access to supportive services of affordable housing
for low income Auburn residents.
2. Increase nu:mber Auburn residents using Les Gove Park services and activities.
To accomplish these outcomes and objectives,the City invests in programs that meet the community
basic needs, increase self-sufficiency, provide opportunities to develop a safe community.
3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or
projecfs.
During the past year Auburn has accomplished significant achievement on its programs and impacted
the lives of thousands of residents. In 2016 alone, projects funded by the City completed the following:
Over 50 low income Auburn residents were able to avoid homelessness by providing
maintenance to their deteriorating homes through the City's housing repair program.
s Over 200 low income Auburn residents avoided utilizing aostly emergency healthcare services
by receiving free medical and/or dental care.
e 12 low income sinall business owners received technical assistance to start or expand their small
business in Auburn.
In the end of 2016 the Green River Small Business Assistance Center(economic development) notified
the City#hat they were unable to meet their original deliverables detailed in their contract. Due to the
unmet deliverables the City only awarded the amount for the services they were able to complete.The
amount detailed in their original contract was$40,000 for 27 small business owners.The City awarded
2U,000 for the 12 business owners they suceessfully provided services to.
4. Summary of Citizen Participation Process and consultation process
Summary from citizen participation section of plan.
Notices of the Action Plan Amendment are sent out in the newspaper and public comment is made
available at a City Council meeting. Review of Lhe Amendment can be done per request of the City of
Auburn's Human Services Manager.
Two public forums will be made available for the Annual Action Plan amendment.One prior to its
approval and another after its approval Both public forums will be eonducted at a City of Auburn Council
Meeting that will be publicized in the City's vehicles of communication.
5. Summary of public comments
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This could be a brief narrative summary or reference an attached document#rom the Citizen
Participation section of the Con Plan.
6. Summary of comments or views not accepted and the reasons for not accepting them
7. Summary
Auburn residents along with stakeholders,community partners,service providers and others were
consulted during the development of the Action Plan.They provided valuable input that supported to
the development of the outcomes and objectives lisfed in the plan.
The City of Auburn will continue to use all of its funds to support residents of low/moderate income
while maintaining a focus on underserved and special populations.
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PR-OS Lead & Itesponsible Agencies- 91.200 b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan
The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration.of
each grant p ogcam and funding source.
Agency Role Name Department/Agency
Lead Agency AUBURN
CDBG Administrator
ESG Administrator
Table i—Responsible Agencies
Narrative
Consolidated Plan Public Contact lnformation
Erica Azcueta, Human Services Manager
25 West Main Street,Auburn,WA 98001
eazcueta@auburnwa.gov 253-876-1965
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AP-10 Consultation - 91.100, 91.200(b), 91.215(I)
1. Introduction
The City of Auburn consulted with local and regional public and private agencies during the
development of the Action Plan Amendment.Agencies that participated in consultations included:the
King County Department of Community and Human Services,and nonprofit agencies delivering services
in Auburn and the subregion.
In addition to conducting consultations during the development of the plan,the City of Auburn
collaborates and works closely with numerous coalitions, committees and government entities
throughout the duration of the plan in efforts to enhance strategies and systems to meet established
goals and objectives on the plan.
Provide a concise summary of the jurisdiction's activities to enhance coordination between
public and assisted housing providers and private and governmental health, mental health
and service agencies (91.215(I)).
The City of Auburn works closely with partnering King County jurisdictions, public housing authorities
and health providers to develop systems in order to improve the quality of service and access for low-
income residents as well as the community as a whole within the city and throughout the region.
Additionally,the City participates in monthly meetings with King Gounty Community and Human
Services, Public Health King County,Valley Cities,the Multi-Service Center and King Counry Housing
Authority to review program progress and delivery of services funded through regional efforts.This
group has worked collaboratively to fund a full-time Momeless and Housing Planner to address needs
and issues in the South King County region.
Describe coordination with the Continuum of Care and efforts to addre.ss the needs of
homeless persons(particularly chronically homeless individuals and families,families with
children,veteran5, and unaccompanied youth)and persons at risk of homelessness.
The City works closely with the King County CoC to ensure residents needs are being met and nonprofits
delivering services have access to funds awarded through the CoC:The City also works closely with
nonprofits in receipt of CoC funds including Auburn Youth Resources, King County YWCA and Valley
Cities.
Describe consultation with the Continuum(s)of Care that serves the jurisdiction's area in
determining how to allocate ESG funds, develop performance standards for and evaluate
outcomes of projects and activities assisted by ESG funds, and develop funding, policies and
procedures for the operation and administration of HMIS
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All projects receiving CoC fund.ing are required by HUD to apply for support through a local Continuum
of Care. For King County,the Continuum qf Care encompasses programs and activities within the
borders of King County. Each continuum sets funding priorities and need for its community.The King
County CoC priorities are set by A.II Horne King County.Auburn staff contribute to the CoC by working
collaboratively with All Home on efforts for King County to ensure coordination efforts between the two
entities.
2. Agencies,groups, organizations and others who participated in the process and
consultations
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Table 2—Agencies,gcoups,organizations who pacticipated
1 Agency/Group/Organization KING COUNTY
Agenry/Group/Organization Type Other government-County
What section of the Plan was addressed by Consultation? Housing Need Assessment
Public Housing Needs
Homeless Needs-Chronically homeless
Homeless Needs-Families with children
Homelessness Needs-Veterans
Homelessness Needs-Unaccompanied youth
Homelessness Strategy
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was The City and King County meet regularly to discuss all CDBG related
consulted.What are the anticipated outcomes of the issues that impact our region.To improve coordination there have been
consultation or areas for impcoved coordination? mor.e strategic systems put in place to increase communication and
collaborative efforts.
Identify any Agency Types not consulted and provide rationale for not consulting
The City of Auburn consulted with all types of organizations that primarily serve the populations focused on in the Action Plan Amendment and
implemented programs that addressed the greatest need in the community.
The only types of organizations not consulted with were corrections facilities and homeless shelters.The rationale for not consulting with these
facilities is that the City does not host either type of organization ih the region.
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Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of`Plan Lead Organization How do the goals of your Strategic Plan overlap with the goais of each plan?
The goals of Auburn's Strategic Plan overlap with the goals of the CoC to address the needs
Continuum of Care King County of homeless residents in the community and reduce the risk of homelessness.
Table 3-Other local/regional/federal planning efforts
Narrative
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AP-1 Participation -91.401, 9.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation
Summarize citizen participation process and how it impacted goai-setting
Citizen participation plays a crucial role in the success of the City's Annual Action Plan.The goals are to hear the community's feedback and
recommendations on how CUBG funds should be invested and how services can coordinate to achieve the greatest impact.
Citizens will be given two opportunities to participate in the process throughout the year.The first time will be prior to the submittal of the
Amendment and the second will be after the Amendment is approved.
Citizen Participation Outreach
Sort Order Mode of 0utreach Target of'Outreach Summary of Summary of Summary of comments URL(If
response/attendance comments received not accepted applicable) '
and r.easons
Non-
No comments were
1 Newspaper Ad targeted/broad
received.
community
Non-
2 Public Meeting targeted/broad
community
Table 4—Citizen Participation Outreach
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Expected 6teso ao ces
AP-15 Expected Resources—91.420(b), 91.220 c) (, 2)
Introduction
The City of Auburn anticipates funding for the duration of the Consolidated Plan from
v CDBG
o City of Auburn General Fund allocation for Community Services
Anticipated Resources
Pcogram Source of Uses_of Funds Expeded Amount Available Year 1 Expected Nacrative Description
Funds Annual Program Prior Year Total:Amount
Allocation: Income:$ Resources: Available
Remainder
of ConPlan
CDBG public- Acquisition
federal Admin and Planning
Economic
Development
Housing
Public Improvements
Public Services 529,029 0 277,808 806,837 1,587,427
General Fund public-local Public Services 500,000 0 0 500,000 2,000,000
Table 5-Expected Resources—Priority Table
Explain how federal funds will leverage those additional resources(private, state and local funds), including a description of how
matching requirements will be satis ed
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The City of Auburn relies on CUBG funds to support community and economic development projects and activities in efforts to support low to
moderate income populations become self-sufficient and sustain affordable housing. However,CDBG funds are not the only source of funds the
City uses to support community projects and activities.The City's general funds are used to support community projects in addition to CDBG
funds.
CDBG funds do not require matching funds.
If appropriate, describe,publically owned land or property located within the jurisdiction that may be used to address the needs
identified in the plan
N/A
Discussion
The City ofAuburn will use CDBG fundsto support all eligible projects and activities that align with CDBG guidelines and regulations.
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A nual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e)
Goals Summary Information
Sort Goa1 Name Stact End Category Geographic Needs Addressed Funding Goal Outcome lndicator
Order Year Year Area
1 Ensure a Suitable 2015 2019 Non-Housing Homeless Prevention CDBG: Public service activities other
Living Environment Community and Intervention 66,664 than Low/Moderate Income
Development Affordable Housing Housing Benefit: 15 Persons
Development and Assisted
PreservaLion Public service activities for
Low/Moderate Income
Hoasing Benefit: SS
Households Assisted
2 End Homelessness 2U15 2U19 Homeless Homeless Prevention CDBG: , Homelessness Prevention: 30
and Intervention 62,500 Persons Assisted
3 Ensure Decent,2015 2019 Affordable Housing Affordable Housing CDBG: Public service activities other
Affordable Housing Public Housing Development and 289,95U than low/Moderate Income
Preservation H'ousing 6enefit:30 Persons
Neighborhood Assisted
Revitalization Homeowner Housing
Rehabilitated: 55 Household
Housing Unit
4 Planning and 2015 2015 Planning and CDBG:
Administration Administcation 100,000
Table 6-Goals Summary
Goal Descriptions
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1 ' Goal Name Ensure a Suitable living Environment
Goal Description
2 Goal Name End Homelessness
Goal Description
3 Goa) Name Ensure Decent,Affordable Housing
Goal Description
4 Goal Name Planning and Administration
Goal Description
Table 7—Goal Descriptions
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AP-35 Projects - 91.420, 91.220(d)
Introduction
Auburn's Annual Action Plan provides descriptions of proposals of how funds will be prioritized to
achieve goals identified in the Consolidated Plan. Projects funded by the City will address the priority
needs of providing assistance to prevent homelessness,ensure affordable housing and a suitable living
environment. Projects and programs are selected through a competitive application process to ensure
optimal quality services is provided to the community in use of the funds.
Projed Name
1 HOUSING REPAIR
2 GRC SMALL BUSINESS ASSISTANCE CENTER
3 Les Gove Park Restroom Upgrade
Table 8—Project Inform.ation
Describe the reasons for allocation priorities and any obstacles to addressing underserved
needs
The allocations proposed are based on the assessment of Auburn's needs,the resources available in the
region,the availability of other funds also focusing on needs,and the purpose of Consolidated Plan
funds.
Should CDBG revenues exceed the proposed amount,the additional resources shall be allocated in
accordance to the following guicielines:
Fill gaps in human services primarily healthcare, homeless prevention and intervention and
affordable housing accessibility.
Increase funding for physical development activities including housing,community facilities and
economic development.
If increases are not significant enough to enhance projects or activities funds may be plaaed in
contingency for programming later in the year or the following program year.
Should CDBG revenues come in lower than antieipated;the City will continue with its planned policy and
to the extent allowed reduce funding allocations in physical development projects and administrative
activities: Public service project funds will not be decreased.
Should CDBG revenues come in less than originally proposed,the City will continue managing the
programs with decreased resources to the extent possible and reduce funding allocations
in administrative activities and not public services.
If exceeded revenues are not significant enough to enhance or fund a project,funds may be placed in
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contingency for programming later in the year or in the next program year.
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AP=38 8 u oject S orv mary
Project Summary Information
1 Project Name HOUSING REPAIR
Target Area
Goals Supported Ensure a Saitable Living Environment
Needs Addressed Affordable Housing Development and Preservation
Neighborhood Re italization
Funding
Descr.iption Maintain fhe affordability of decent housing for very low-income Auburn residents by providing repairs
necessary to maintain suitable housing for low income Auburn homeowners.
Target Date 12/29/2017
Estimate the number and type A minimum of 4 Auburn residents will'benefit from the housing repair program.
of families that will benefit
fcom the proposed activities
location Description Auburn city limits.
Planned Activities Minor home repairs and maintenance include but are not limited to: roof repair,ramp installation,
furnace repair and replacement, plumbing,floor repair and weatherization.
2 Project Name GRCSMALL BUSINESS ASSISTANCE CENTER
Tacget Area
Goals Supported Ensure a Suitable Living Environment
Needs Addressed Eeonomic Opportunity
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Funding CDBG:$20;000
Description Create economic opportunities by providing the availability and access to counseling and training for
approximately 12 Auburn residents who are either trying to sustain or create a small business and
collectively generate jobs.
Target Date 12/29/2017
Estimate the number and type 12 Auburn residents will benefit from the proposed activity of Small Business Assistance.
of families that will benefit
from the proposed activities
Location Description 1221 D Street NE
Auburn,WA 98002
Planned Activities Provide counseling and technical assistance to low income Auburn residents who are:small business
owners looking to improve or expand their business as well as residents looking to start a small business
in Auburn.
3 Project Name Les Gove Park Restroom Upgrade
TargetArea
Goals Supported Ensure a Suitable l:iving Environment
Needs Addressed Neighborhood Revitalization
Funding
Description The City of Auburn Les Gove Park restroom has experienced significant deterioration over the years
causing residents visiting the park to not feel safe using the restroom facilities.The Les Gove Park
provides imperative programs and services to many ofAuburn's low to moderate income residents.
Ensuring all park facilities such as the restroom are safe and ADA compliant allow park staff to continue
serving our residents and connect them wifh invaluable programs.
Target Date i2/29/2017
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Estimate the number and'type The Les Gove Park hosts 8q000-90,000 visitors each year.All visitors of'the Par:k and'its facilities will
of families thatwill benefit benefit from the proposed activities with a specifie benefit to those living with physical disabilities.
from the proposed activities
Location Descciption 910 9th St.SE
Auburn,WA 98002
Planned Activities Contain and stabilize project area using appropriate erosion control measures. Demolish and dispose of
existing restroom building,and excavate project area to accommodate proposed building footprint.
Upgrade existing water supply lines to accommodate the increase in restroom fixtures if necessary.
Construct the new building using appropriate building materials based on today's construction
materials. Install toilets, urinals and sinks based on design develoed by project architect. Install
landscape improvements to stabilize soils and to match existing landscaping in the vicinity of the project
area.
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AP-50 Geographic Distribution - 91.420, 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and
minority concentration)where assistance will be directed
The City of Auburn intends on distributing funds throughout the jurisdiction.
Geographic Oistribution
Target Area Percentage of Funds
Table 9-Geographic Distribution
Rationale for the priorities for allocating investments geographically
n/a
Discussion
Due to the fact that areas of low-income and minority concentrations are dispersed throughout all of
Auburn,the City intends on investing throughout the entire jurisdiction to ensure that all populations
throughout the region have access to beneficial programs and housing opportunities.
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AP-85 Other Actions - 91.420, 91.220(k)
Introduction
The City of Auburn will continue to work with service providers throughout the region in coordination to
develop systems and strategies to promote their efforts in providing optimal,easily accessible services.
The City will work to reduce the number of families in poverty, sustain relationships with employment
training agencies,and work to preserve the affordable housing stock in our community.
Actions planned to address obstacles to meeting underserved needs
By establishing a strong foundation of networks between local service providers,stakeholders and
government agencies through committees a.nd coalitions,the City will work in partnership to address
obstacles and ameliorate barriers to meeting underserved needs.The collaborated organizations will
develop detailed strategic plans that will delegate tasks, build systems and ongoing assessment of
service delivery.
Actions planned to foster and maintain affordable housing
The City will continue to maintain the affordability of decent housing for low income Auburn residents
by reallocating$30,000 of CDBG funds to the City's Housing Repair Program.The program provides
emergency repairs necessary to maintain safe housing for up to 55 Auburn homeowners, many of whom
are senior citizens and/or are experiencing barriers safely accessing their homes due to physical
disabilities or impairment.
In addition to Auburn's Housing Repair program,the City will maintain affordable housing by continuing
to engage and partner with coalitions,committees and other government agencies to integrate and
enhance efforts on the issue.
Actions planned to reduce lead-based paint hazards
The Ciry of Auburn will continue to implement U.S. Department of Housing Urban Development(HUD)
regulations to protect residents from lead-based paint hazards in housing that is financially assisted by
the federal government.The requirements apply only to housing built prior to 1980,the year lead-based
paint was banned nationwide for consumers.
Actions planned to reduce the number of poverty-level families
The City of Auburn's actions planned to reduce the number of poverty-level families include but are not
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limited to:
s Allocating$20,000 to the housing repair program
Participate and partner with coalitions,committees and agencies that provide antipoverty
services to develop and enhance strategies and efforts to reduce poverty level families
Actions planned to develop institutional structure
The City's planned actions to address the gaps and weaknesses identified in the strategic plan include:
e Maintaining partnerships with and participating in the South K.ing County Homeless Coalition,
the Committee to End Homelessness of King County and other regional human service
providers,coalitions and committees who address homeless issues.The City will also continue
to work collaboratively with partnering organizations and groups to integrate and enhance
services to provide optimal services to individuals and families currently experiencing or at risk
of homelessness.
Continue to use the recommendations provided by the City's Homeless Task Force to address
gaps in services to our homeless population and identify where resources can be leveraged to
strengthen the safety net of supportive services available to our residents.
Actions planned to enhance coordination between public and private housing and social
service agencies
The City of Auburn has heavily contributed and intends to continue cultivating relationships between
public and private housing and social service agencies.In addition the City will continue to participate in
eollaborations with the South King County Homeless Forum,the South King County Council of Human
Services, King County Housing Development Consortium and the Seattle-King County Joint Planners
Meeting.
Discussion
The expressed goal of the City's Consolidated Plan is to reduce the number of people living in poverty
within Auburn.The City intends to give funding priority to programs that in addition to complying with
federal regulations and address a priority a outlined in the Consolidated Plan are consistent with all of
the goals and objectives identified.
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Program Specific Requirements
AP-90 Program Specific Requirements - 91.420, 91.220(I)(1,2,4)
Introduction
The City of Auburn will use all CDBG funds to support project5 and activities benefiting low and
moderate income residents.The full allowable amount of funds will be used for Public Services and
Planning and Administration with the remaining balanee intended for housing rehab services and
economic development.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(I)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table.The following identifies program income that is available for use that is included in
projects to be carried out.
1.The total amount of program income that will have been received before the start of the next
program year and that has not yet been reprogrammed 0
2.The amount of proceeds from section 108 loan guarantees that will be used during the year to
address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3.The amount of surplus funds from urban renewal settlements 0
4.The amount of any grant funds returned to the line of credit for which the planned use has not
been included in a prior statement or plan
5.The amount of income from float-funded activities
Total Program Income:
Other CDBG Requirements
1.The amount of urgent need activities
2.The estimated percentage of CDBG funds that will be used for activities that
6enefit persons of low and moderate income.Overall Benefit-A consecutive
period of one,two or three years may be used to determine that a minimum
overall benefit of 70%a of CDBG funds is used to benefit persons of low and
mode ate income.Specify the years covered that include this Annual Action Plan. 100.00%
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Discussion
The City of Auburn will continue to use all of its funds to support residents of low/moderate income
while maintaining a focus on underserved and special populations.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5294
Date:
April 24, 2017
Department:
CD & PW
Attachments:
Resolution No. 5294
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5294.
Background Summary:
Resolution No. 5294 authorizes the Mayor to accept a federal grant to be
administered through the Washington State Department of Transportation (WSDOT)
for Project No. CP1513, 22nd Street NE and I Street NE Intersection Improvements
(Project). The $940,000.00 federal grant will finance the construction of the project
and requires a 20% (or $235,000.00) local funding match.
The Project will improve the safety for drivers, pedestrians, and bicyclists crossing the
intersection of 22nd Street NE and I Street NE by constructing a single lane
roundabout in place of the existing all-way stop-control. The roundabout will reduce
driver confusion and traffic delays compared with the current multilane all-way stop
control. Pedestrians and cyclists will also be less exposed to traffic since crossing
distances will be greatly reduced and median islands will allow them to cross the road
one lane at a time and they will only have to look for vehicles coming from a single
direction.
This Project will also reconfigure the existing storm drainage system in this
intersection to accommodate the new intersection configuration, upsize the existing
waterlines from 8-inches to 12-inches to accommodate future water demands, and
replace the sewer service line to 901 22nd Street NE to reduce maintenance issues.
Construction of this Project is anticipated to begin in the summer of 2017.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
AUBURN * MORE THAN YOU IMAGINEDRES.D Page 98 of 108
Meeting Date:May 1, 2017 Item Number:RES.D
AUBURN * MORE THAN YOU IMAGINEDRES.D Page 99 of 108
-----------------------------
Resolution No. 5294
April 19, 2017
Page 1
RESOLUTION NO. 5294
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO ACCEPT FEDERAL GRANT FUNDS TO BE
ADMINISTERED THROUGH THE WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION FOR PROJECT
NO. CP1513, 22ND STREET NE AND I STREET NE
INTERSECTION
WHEREAS, the City of Auburn desires to improve safety and efficiency of
the City’s 22nd Street NE and I Street NE intersection; and
WHEREAS, the need for improvements at the 22nd Street NE and I Street
NE intersection is recognized in Auburn’s adopted Transportation Improvement
Program; and
WHEREAS, completing the transportation improvement project will
improve safety and efficiency of the 22nd Street NE and I Street NE intersection;
and
WHEREAS, the City applied for and was awarded a Federal Highway
Safety Improvement Program (HSIP) grant in the amount of $940,000.00 to
finance the construction of Project No. CP1513, 22nd Street NE and I Street NE
Intersection Improvement project (20% local funding match required); and
WHEREAS, funding has been made available in the approved City
budget to meet the local funding match requirements for the grant; and
RES.D Page 100 of 108
-----------------------------
Resolution No. 5294
April 19, 2017
Page 2
WHEREAS, it is in the best interest of the City to use grant monies to
finance capital improvements to the transportation system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to accept the federal
grant for $940,000.00 for Project No. CP1513, 22nd St NE and I Street NE
Intersection Improvements. The Mayor is further hereby authorized to negotiate,
finalize and execute the Local Agency Agreement between the City and the
Washington State Department of Transportation for the constructing phase for
the project, in substantial conformity with grant requirements and the agreement
attached hereto, marked as Exhibit A and incorporated herein by this reference.
The Mayor is further hereby authorized to negotiate, finalize and execute any
further supplemental agreements consistent with project and grant
requirements as may be necessary for any and all future phases for the Project,
expending up to the total amount of the grant.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
RES.D Page 101 of 108
-----------------------------
Resolution No. 5294
April 19, 2017
Page 3
Dated and Signed this _____ day of _________, 2017.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
______________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
_____________________
Daniel B. Heid,
City Attorney
RES.D Page 102 of 108
DOT Form 140-039 Page 1
Revised 05/2015
Local Agency Agreement
Agency CFDA No. 20.205
(Catalog or Federal Domestic Assistance)
Address Project No.
Agreement No.
For OSC WSDOT Use Only
The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code
Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR Part 200, (4) the policies and procedures promulgated by the
Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and Federal
Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to
proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount
shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration.
All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name Length
Termini
Description of Work
Project Agreement End Date Claiming Indirect Cost Rate
Yes NoProposed Advertisement Date
Type of Work
Estimate of Funding(1)
Estimated Total
Project Funds
(2)
Estimated Agency
Funds
(3)
Estimated Federal
FundsPE
%a. Agency
b. OtherFederal Aid
Participation
Ratio for PE
c. Other
d. State
e. Total PE Cost Estimate (a+b+c+d)Right of Way
%f. Agency
g. OtherFederal Aid
Participation
Ratio for RW
h. Other
i. State
j. Total R/W Cost Estimate (f+g+h+i)Construction
%k. Contract
l. Other
m. OtherFederal Aid
Participation
Ratio for CN
n. Other
o. Agency
p. State
q. Total CN Cost Estimate (k+l+m+n+o+p)
r. Total Project Cost Estimate (e+j+q)
Agency Official Washington State Department of Transportation
By By
Title Director, Local Programs
Date Executed
City of Auburn
25 West Main St
Auburn, WA 98001
22nd St NE and I St NE Roundabout 350 feet
Intersection of I St NE and 22nd St NE
The project will design and construct a modern roundabout at the 22nd St NE and I St NE intersection in place of the existing
all-way stop control. The project will improve traffic operations, and will improve safety for non-motorized road-users and provide
ADA accessibility.
December 31, 2018
May 30, 2017 4
$ 0.00 $ 0.00 $ 0.00
$ 0.00 $ 0.00 $ 0.00
$ 1,108,000.00 $ 221,600.00 $ 886,400.00
Consultant $ 15,000.00 $ 3,000.00 $ 12,000.0020
$ 50,000.00 $ 10,000.00 $ 40,000.00
$ 2,000.00 $ 400.00 $ 1,600.00
$ 1,175,000.00 $ 235,000.00 $ 940,000.00
$ 1,175,000.00 $ 235,000.00 $ 940,000.00
Nancy Backus, Mayor
Exhibit A
RES.D Page 103 of 108
DOT Form 140-039 Page 2
Revised 05/2015
Construction Method of Financing (Check Method Selected)
State Ad and Award
Method A - Advance Payment - Agency Share of total construction cost (based on contract award)
Method B - Withhold from gas tax the Agency’s share of total construction coast (line 5, column 2) in the amount of
$ at $ per month for months.
Local Force or Local Ad and Award
Method C - Agency cost incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and
as a condition to payment of hte federal funds obligated, it accepts and will comply with the applicable provisions
set forth below. Adopted by official action on
, , Resolution/Ordinance No.
Provisions
I. Scope of Work
The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set
forth in detail in the “Project Description” and “Type of Work.”
When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the
services described and indicated in “Type of Work” on the face of this agreement, in accordance with plans and specifications as
proposed by the Agency and approved by the State and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform
the work subject to the ordinary procedures of the State and Federal Highway Administration.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees
that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents
required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the
State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and
awards the project, the State shall review the work to ensure conformity with the approved plans and specifications.
III. Project Administration
Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the
Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On
Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance
with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries
and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by
employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project.
IV. Availability of Records
All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance
with local government accounting procedures prescribed by the Washington State Auditor’s Office, the U.S. Department of
Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and
Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than
three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or
Federal Government upon request.
V. Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing
by the State for each classification. The classifications of work for projects are:
1. Preliminary engineering.
2. Right of way acquisition.
3. Project construction.
Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show
continuous progress may result the Agency’s project becoming inactive, as described in 23 CFR 630, and subject to de-obligation of
federal aid funds and/or agreement closure.
If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the
close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, the Agency will repay to
the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX).
If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year
following the fiscal year in which the right of way phase was authorized, the Agency will repay to the State the sum or sums of federal
funds paid to the Agency under the terms of this agreement (see Section IX).
May 1 2017 5294
RES.D Page 104 of 108
DOT Form 140-039 Page 3
Revised 05/2015
The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this
project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways,
even though such additional work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated
damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete
the contract within the contract time.
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency
and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part
200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all
costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as
a promise by the State as to the amount or nature of federal participation in this project.
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency
shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the
Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation
unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin
Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit.
The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for
reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to
this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see
Section IX).
1. Project Construction Costs
Project construction financing will be accomplished by one of the three methods as indicated in this agreement.
Method A – The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the
amount of the Agency’s share of the total construction cost based on the contract award. The State will notify the Agency of the exact
amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings
from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation
share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will
present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by
either a payment from the Agency to the State or by a refund from the State to the Agency.
Method B – The Agency’s share of the total construction cost as shown on the face of this agreement shall be withheld from its
monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact
amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award.
Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its
participating portion of such billings.
Method C – The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once
per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable
to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be
eligible for Federal participation unless claimed under a previously approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this
agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the
Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the
State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX).
VII. Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for audit of the consultant’s records to determine eligible
federal aid costs on the project. The report of said audit shall be in the Agency’s files and made available to the State and the Federal
Government.
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing
standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual
M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and
FHWA; and 2 CFR Part 200.501 - Audit Requirements.
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall
reimburse the State for the amount of such overpayment or excess participation (see Section IX).
VIII. Single Audit Act
The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all
applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal awards from all sources
during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2
CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted
promptly to the State.RES.D Page 105 of 108
DOT Form 140-039 Page 4
Revised 05/2015
IX. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the State’s billing relative to the project (e.g., State force
work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after
the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to
the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless
otherwise directed by the Director, Local Programs.
Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309).
Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior
to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they
become ineligible for federal reimbursement.
X. Traffic Control, Signing, Marking, and Roadway Maintenance
The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project
without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs,
signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency
will, at its own expense, maintain the improvement covered by this agreement.
XI. Indemnity
The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense
all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the
Agency’s execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract
connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED,
nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to
persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State.
XII. Nondiscrimination Provision
No liability shall attach to the State or Federal Government except as expressly provided herein.
The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-
assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency
shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of
USDOT-assisted contracts and agreements. The WSDOT’s DBE program, as required by 49 CFR Part 26 and as approved by USDOT,
is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms
shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the
Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under
18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S. C. 3801 et seq.).
The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification
thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with
funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan,
insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee,
the required contract provisions for Federal-Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines.
The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment
practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local
Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government
which does not participate in work on or under the contract.
The Agency also agrees:
(1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal
opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor.
(2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the
State in the discharge of its primary responsibility for securing compliance.
(3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with
a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction
contracts pursuant to the Executive Order.
(4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors
and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the
Executive Order.
In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the
following actions:
(a) Cancel, terminate, or suspend this agreement in whole or in part;
(b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been received from the Agency; and
(c) Refer the case to the Department of Justice for appropriate legal proceedings.
RES.D Page 106 of 108
DOT Form 140-039 Page 5
Revised 05/2015
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to
the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within
the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in
accordance with this paragraph.
XIV. Termination for Public Convenience
The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in
part, whenever:
(1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise.
(2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with
respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of
the State with respect to the preservation of energy resources.
(3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining
order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of
persons or agencies other than the contractor.
(4) The Secretary is notified by the Federal Highway Administration that the project is inactive.
(5) The Secretary determines that such termination is in the best interests of the State.
XV. Venue for Claims and/or Causes of Action
For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency
has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the
Superior Court for Thurston County.
XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
The approving authority certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or
an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit the Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at
all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which
exceed $100,000, and that all such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.
Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
XVII. Assurances
Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration,
Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency
Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with
Section 504 and the Americans with Disabilities Act (ADA).
Additional Provisions
RES.D Page 107 of 108
22nd St NE and I St NE Intersection Improvements Vicinity Map
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
5/8/2014
RES.D Page 108 of 108