HomeMy WebLinkAbout01-16-2018 CITY COUNCIL AGENDACity Council Meeting
J anuary 16, 2018 - 7:00 P M
City Hall Council Chambers
AGE ND A
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I .C AL L T O O RD E R
A.P ledge of Allegiance
B.Roll Call
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS , AND P RE S E NTAT IO NS
A.P resentation on R esponse to the Heritage Building Fire
I I I .AP P O INT M E NT S
A.B oard and Commission Appointments
C ity C ouncil to conf irm the re-appointments for the following board and commission
members, f or a new three year term, expiring D ecember 31, 2020:
Auburn Tourism Board
Tonia J ones
C emetery Board
J eanne Hicks
S alary Commission
Nancy C olson
(RECOM M ENDED ACTION: City Council confirm the re-appointments to
Boards and Commissions.)
I V.AG E ND A M O D I F IC AT I O NS
A.R esolution No. 5344 - S ee A genda Modification
Resolution No. 5344
A R esolution of the City Council of the C ity of A uburn, Washington, expressing support
for voter approval of the Valley Regional F ire Authority P roposition No. 1 to continue a
voter-authorized benef it charge each year for an additional six (6) years
B AL L O T M E AS URE T I T L E
Valley Regional F ire Authority
P roposition No. 1
Page 1 of 59
C ontinuation of B enefit Charge
S hall Valley R egional Fire A uthority, serving the communities of A lgona, Auburn and
P acific, be authorized to continue voter-authorized benef it charges each year for six
years, not to exceed an amount equal to sixty percent of its operating budget, and
be prohibited f rom imposing an additional property tax under R C W 52.26.140(1)( c)?
V.C I T I ZE N INP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A.P ublic Hearings - (No public hearing is scheduled for this evening.)
B.Audience P articipation
Thi s i s the place on the agenda where the public is invited to speak to the City
Counci l on any issue. Those wi shi ng to speak are reminded to sign in on the form
provi ded.
C .C orrespondence - (T here is no correspondence for Council review.)
V I .C O UNC IL AD HO C C O M M IT T E E RE P O RT S
C ouncil Ad Hoc C ommittee Chairs may report on the status of their ad hoc Council
C ommittees' progress on assigned tasks and may give their recommendation to the
C ity Council, if any.
V I I .C O NS E NT AG E ND A
All matters l isted on the Consent Agenda are considered by the City Council to be
routine and wi ll be enacted by one moti on in the form listed.
A.Minutes of the J anuary 2, 2018 C ity C ouncil Meeting
B.C laims Vouchers
2017 claims voucher numbers 447165 through 447310 in the amount of
$3,755,451.09 and three wire transf ers in the amount of $612,898.43 and dated
J anuary 16, 2018; and
2018 claims voucher numbers 447311 through 447409 in the amount of
$3,648,178.14 and dated J anuary 16, 2018.
C .P ayroll Vouchers
P ayroll check numbers 537718 through 537747 in the amount of $227,145.86,
electronic deposit transmissions in the amount of $1,869,172.28 f or a grand total of
$2,096,318.14 for the period covering D ecember 28, 2017 to J anuary 10, 2018.
D .P ublic Works Project No. C P 1523
C ity C ouncil approve Final P ay E stimate No. 5 to C ontract No. 17-05 in the amount of
$0.00 and accept construction of P roject No. C P1523, L ake Tapps Parkway
P reservation Project
(RECOM M ENDED ACTION: City Council approve the Consent Agenda.)
V I I I .UNF I NI S HE D B US I NE S S
Page 2 of 59
I X.NE W B US INE S S
X .O RD I NANC E S
A.Ordinance No. 6663
A n O rdinance of the City Council of the C ity of A uburn, Washington, amending S ection
2.33.010 of the A uburn City C ode relating to the number of members f or the Municipal
A irport A dvisory Board
(RECOM M ENDED ACTION: City Council adopt Ordinance No. 6663.)
X I .RE S O L UT IO NS
A.R esolution No. 5339
A R esolution of the City Council of the C ity of A uburn, Washington, setting a public
hearing to consider the renewal of F ranchise Agreement No. 12-41 and amendment of
Ordinance No. 6452 with Z ayo G roup, L L C
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5339.)
B.R esolution No. 5342
A R esolution of the City Council of the C ity of A uburn, Washington, authorizing the
Mayor to execute an I nteragency A greement between the City of Auburn and the
Washington S tate Department of Transportation relating to a project on West Valley
Highway from Peasley Canyon Road to S R -18
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5342.)
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this ti me the Mayor and City Council may report on significant i tems associated with
their appoi nted positions on federal, state, regional and local organi zations.
A.Fr om the Council
B.Fr om the M ayor
X I I I .AD J O URNM E NT
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 revi ew
at the City Clerk's Office.
Page 3 of 59
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the January 2, 2018 City Council Meeting
Date:
January 10, 2018
Department:
Administration
Attachments:
January 2, 2018 Council Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:January 16, 2018 Item Number:CA.A
Page 4 of 59
City Council Meeting
J anuary 2, 2018 - 7:00 P M
City Hall Council Chambers
AGE ND A
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I .C AL L T O O RD E R
A.P ledge of Allegiance
Mayor Nancy B ackus called the meeting to order at 7:00 p.m. in the
C ouncil Chambers of Auburn City Hall, 25 West Main S treet, and led those
in attendance in the P ledge of A llegiance.
B.Roll Call
C ity C ouncilmembers present: D eputy Mayor L argo Wales, B ob Baggett,
L arry B rown, C laude D aCorsi, J ohn Holman, Bill P eloza and Yolanda
Trout-Manuel.
Mayor Nancy B ackus was in attendance, and the f ollowing department
directors and staff members were also present: Finance Director Shelley
C oleman, City Attorney Daniel B . Heid, C hief of P olice B ob L ee,
I nnovation and Technology D irector P aul Haugan, Assistant D irector of
E ngineering S ervices/City E ngineer I ngrid Gaub, Assistant D irector of
C ommunity Development Services J ef f Tate, Community Development
and P ublic Works D irector K evin S nyder, P arks, A rts and R ecreation
D irector Daryl F aber, and Deputy City Clerk S hawn Campbell
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS , AND P RE S E NTAT IO NS
A.P roclamation - “PyeongChang, S outh Korea W inter Olympic
Games Month”
Mayor B ackus to proclaim February, 2018 as “P yeongC hang, South K orea W inter
Olympic G ames Month” in the city of Auburn.
Mayor B ackus read the P roclamation declaring F ebruary 2018 as
P yeongC hang, South K orea W inter Olympic Games Month" in the C ity of
A uburn.
Mayor B ackus introduced the Consul General L ee and Deputy Consul
General K yongsig.
C onsul G eneral L ee thanked the Mayor and Council for welcoming him.
The City of P yeong Chang is ready to receive guests from around the world
Page 1 of 5Page 5 of 59
at the 2018 Olympic games.
I I I .AP P O INT M E NT S
A.E lection of D eputy Mayor
C ity A ttorney Heid reviewed the procedure f or the nomination and selection
of D eputy Mayor.
Mayor B ackus noted C ouncilmember P eloza is automatically nominated
per Council R ules.
C ouncilmember D aCorsi nominated C ouncilmember Baggett.
Mayor B ackus asked f or votes f or Councilmember P eloza.
C ouncilmembers Peloza, Wales and Trout-Manual voted f or
C ouncilmember Peloza.
Mayor B ackus asked f or votes f or Councilmember B aggett.
C ouncilmembers Baggett, DaCorsi, Holman and B rown voted f or
C ouncilmember Baggett.
Mayor B ackus announced Councilmember Baggett has been elected as
the new D eputy Mayor.
I V.AG E ND A M O D I F IC AT I O NS
There was no modification to the agenda.
V.C I T I ZE N INP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A.P ublic Hearings - (No public hearing is scheduled for this evening.)
B.Audience P articipation
Thi s i s the place on the agenda where the public is invited to speak to the City
Counci l on any issue. Those wi shi ng to speak are reminded to sign in on the form
provi ded.
B ob Z immerman, 33039 46th P lace S, A uburn
Mr. Z immerman shared his concerns regarding a retaining wall on that is on
his property. He stated the retaining wall was improperly inspected and a
hazard to the neighborhood.
Virginia Haugen, 2503 R Street S E , A uburn
Mrs. Haugen thanked K I R O T V for covering ways to help the fire victims of
the Heritage Building f ire. She stated she hopes the City C ouncil will stand
up and be heard in 2018.
C .C orrespondence
There was no correspondence f or Council review.
V I .C O UNC IL AD HO C C O M M IT T E E RE P O RT S
Page 2 of 5Page 6 of 59
C ouncil Ad Hoc C ommittee Chairs may report on the status of their ad hoc Council
C ommittees' progress on assigned tasks and may give their recommendation to the
C ity Council, if any.
D eputy Mayor B aggett, chair of the F inance ad hoc committee that reviews
claims and payroll vouchers, reported he and former Councilmember
Wagner reviewed the payroll vouchers and electronic deposits in the
approximate amount of $2.4 million and claims vouchers and wire transfers
in the amount of approximately $2.3 million f or the periods D ecember 14-
27 and J anuary 2, 2018, respectively.
C ouncilmember D aCorsi, chair of the R oads Projects ad hoc committee
stated the ad hoc committee meet last week. They will met again J anuary
16, 2018 with A ssistant Director Gaub. T hey intend to review the current
and projected projects, the pavement rating system and the prioritization of
projects.
V I I .C O NS E NT AG E ND A
All matters l isted on the Consent Agenda are considered by the City Council to be
routine and wi ll be enacted by one moti on in the form listed.
A.Minutes of the D ecember 18, 2017 R egular Meeting
B.C laims Vouchers (C oleman)
2017 Claims vouchers 446998 through 447001, and vouchers 447003 through
447151 in the amount of $1,616,837.25 and three wire transfers in the amount
of $157,154.09 and dated J anuary 2, 2018.
2018 Claims voucher 447002 and voucher 447152 through voucher 447164 in the
amount of $139,579.97 and two wire transfers in the amount of $533,009.01 and dated
J anuary 2, 2018.
C .P ayroll Vouchers (Coleman)
P ayroll check numbers 537698 through 537717 in the amount of $505,557.93 and
electronic deposit transmissions in the amount of $1,808,548.52 f or a grand total of
$2,314,106.45 for the period covering D ecember 14, 2017 to December 27, 2017.
D eputy Mayor B aggett moved and Councilmember Holman seconded to
approve the Consent A genda.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
V I I I .UNF I NI S HE D B US I NE S S
There was no unfinished business.
I X.NE W B US INE S S
There was no new business.
X .O RD I NANC E S
Page 3 of 5Page 7 of 59
A.Ordinance No. 6661 (S nyder)
A n O rdinance of the City Council of the C ity of A uburn, Washington, amending Title 18,
of A uburn City Code, relating to the methodology used to calculate residential density
and the lot size standards within various residential zoning designations
C ouncilmember Holman moved and C ouncilmember DaC orsi seconded to
approve Ordinance No. 6661.
C ouncilmember Holman stated this will allow the C ity to increase the
number of housing units placed on an R 5 lot.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X I .RE S O L UT IO NS
A.R esolution No. 5335 (Snyder)
A R esolution of the City Council of the C ity of A uburn, Washington, authorizing the
Mayor to execute an agreement with the other jurisdictions of the South County A rea
Transportation Board
C ouncilmember Peloza moved and C ouncilmember Holman seconded to
approve R esolution No. 5335.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
B.R esolution No. 5338 (Snyder)
A R esolution of the City Council of the C ity of A uburn, Washington, authorizing the
Mayor to execute the agreement accepting a grant from the Washington State
Transportation I mprovement B oard for design and construction of the Auburn Way
North S idewalk I mprovement P roject
C ouncilmember D aCorsi moved and D eputy Mayor B aggett seconded to
approve R esolution No. 5338.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this ti me the Mayor and City Council may report on significant i tems associated with
their appoi nted positions on federal, state, regional and local organi zations.
A.Fr om the Council
C ouncilmember Peloza reported he attended the South C ounty Area
Transportation Board meeting.
C ouncilmember Trout-Manual reported she attended the Muckleshoot
Tribal Transportation C oalition meeting.
C ouncilmember Holman shared a quote by Dr. Martin L uther K ing on
forgiveness.
Page 4 of 5Page 8 of 59
C ouncilmember Brown stated he is honored to be a councilmember and
able to serve the City.
C ouncilmember D aCorsi reported he attended the Sound C ities
A ssociation Transportation Caucus meeting.
B.Fr om the M ayor
Mayor B ackus reported the Heritage B uilding on Main S treet had a tragic
fire on D ecember 26, 2017. T he building was home to 39 residents and 9
businesses all of whom have been displaced. She noted the incredible
outreach from the community including the amazing response f rom Valley
R egional F ire A uthority and many other f ire jurisdictions that came to assist
in battling the f ire, King County Metro for providing a bus for the residents
to get out of the cold in, A uburn S chool District f or providing a temporary
shelter to residents, the A uburn F ood B ank f or organizing donations and
many area restaurants donating food.
X I I I .AD J O URNM E NT
There being no further business to come bef ore the Council, the meeting
adjourned at 7:39 p.m.
A P P R O V E D T HE 16th D AY O F J anuary, 2018
________________________ ______________________________
NA NC Y B A C K US, MAYO R S hawn Campbell, Deputy C ity C lerk
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 revi ew
at the City Clerk's Office.
Page 5 of 5Page 9 of 59
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
January 10, 2018
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council approve the claims vouchers.
Background Summary:
2017 claims voucher numbers 447165 through 447310 in the amount of $3,755,451.09 and
three wire transfers in the amount of $612,898.43 and dated January 16, 2018; and
2018 claims voucher numbers 447311 through 447409 in the amount of $3,648,178.14 and
dated January 16, 2018.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:January 16, 2018 Item Number:CA.B
Page 10 of 59
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
January 10, 2018
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Payroll check numbers 537718 through 537747 in the amount of $227,145.86, electronic
deposit transmissions in the amount of $1,869,172.28 f or a grand total of $2,096,318.14 for
the period covering December 28, 2017 to January 10, 2018.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:January 16, 2018 Item Number:CA.C
Page 11 of 59
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1523
Date:
December 29, 2017
Department:
CD & PW
Attachments:
CP1523 Budget Status Sheet
CP1523 Final Pay Es timate No. 5
CP1523 Vicinity Map
Budget Impact:
Administrativ e Recommendation:
City Council approve Final Pay Estimate No. 5 to Contract No. 17-05 in the amount of $0.00
and accept construction of Project No. CP1523, Lake Tapps Parkway Preservation Project.
Background Summary:
The purpose of this project was to rehabilitate and preserve the existing pavement on Lake
Tapps Parkway between the western City limit near 8th Street E and Lakeland Hills W ay. The
project completed a grind and overlay of 7.11 lane miles of pavement, upgraded eight curb
ramps to meet current ADA standards, and upgraded vehicle detection loops.
A project budget contingency of $8,666.00 remains in the 105 Arterial Street Fund.
A project budget contingency of $5,000.00 remains in the 461 Sewer Fund.
A project budget contingency of $5,000.00 remains in the 462 Storm Fund.
Rev iewed by Council Committees:
Councilmember:Staff:Snyder
Meeting Date:January 16, 2018 Item Numb er:CA.D
Page 12 of 59
Project No: CP1523 Project Title:
Project Manager: Luis Barba
Project Update
Initiation Date: 01/20/2016 Permision to Advertise
Advertisement Date: 04/11/2017 Contract Award
Award Date: 05/15/2017 Change Order Approval
Contract Final Acceptance
Funding Prior Years 2016 (Actual) 2017
Future Years Total
328 Fund - Traffic Calming 25,000 25,000
105 Fund - Unrestricted 11,662 226,188 237,850
105 Fund - Federal Grant 56,692 693,308 750,000
461 Fund - Sewer 0 5,000 5,000
462 Fund - Storm 0 5,000 5,000
Total 0 68,354 954,496 0 1,022,850
Activity Prior Years 2016 (Actual) 2017
Future Years Total
Design Engineering - City Costs 68,354 24,773 93,128
Design Engineering - Other 1,219 1,219
Construction Contract 827,290 827,290
Line Item Changes (1,416) (1,416)
Change Order No. 1 39,328 39,328
Construction Engineering- State Cost 333 333
Construction Engineering - City Costs 38,413 38,413
Construction Engineering - Testing Costs 5,890 5,890
Total 0 68,354 935,830 0 1,004,184
Prior Years 2016 (Actual) 2017
Future Years Total
*105 Funds Budgeted ( )0 (68,354) (944,496) 0 (1,012,850)
105 Funds Needed 0 68,354 935,830 0 1,004,184
*105 Fund Project Contingency ( )0 0 (8,666) 0 (8,666)
105 Funds Required 0 0 0 0 0
Prior Years 2016 (Actual) 2017
Future Years Total
*461 / 462 Funds Budgeted ( )0 0 (10,000) 0 (10,000)
461 / 462 Funds Needed 0 0 0 0 0
*461 / 462 Fund Project Contingency ( )0 0 (10,000) 0 (10,000)
461 / 462 Funds Required 0 0 0 0 0
BUDGET STATUS SHEET
Lake Tapps Parkway Preservation Project
Date:December 04, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
461 / 462 Sewer and Storm Budget Status
105 Arterial Street Budget Status
H:\PROJ\CP1523- Lake Tapps Parkway Preservation Project\3.00 Project Management\3.20 Budget\CP1523
LakeTapps Preservation BudgetStatusSheet_FINAL.xls 1 of 1Page 13 of 59
Page 14 of 59
City Of Auburn 17-05
CP1523 Lake Tapps Parkway Preservation
17-05/#5
CONTRACT THIS PERIOD VALUE OF TOTAL
INO SCHEDULE ITEM DESCRIPTION UNITS MATERIALS EST.
UNIT COST QUANTITY QUANTITY COST STORED TbTAL TOTAL QTY.
QUANTITY COST
001 A Record Drawing(Minimum bid LS $1,600.00 1.00 0.0000 0.00 0.00 0.0000 0.00 0
1,500.00)
002 A SPCC Plan LS $1,600.00 1.00 0.0000 0.00 0.00 1.0000 $1,600.00 100
003 A Mobilization LS S64,000.00 1.00 0.0000 0.00 0.00 1.0000 $64,000.00 100
004 _ A Construction Site Sign(s) EA $2,100.00 2.00 0.0000 0.00 0.00 2.0000 $4,200.00 100
005 A Traffic Control Supervisor LS $38,000.00 1.00 0.0000 0.00 0.00 1.0000 $38,000.00 100
006 A Traffic Control Labor-Flagging HR 60.00 1,100.00 0.0000 0.00 0.00 331.5000 $19,890.00 30.14
Min.Bid$39.00 per hour)
007 A Construction Signs Class A SF 32.00 100.00 0.0000 3 0.00 0.00 100.0000 $3,200.00 100
008 A Sequential Arrow Sign DAY $ 18.00 35.00 0.0000 S 0.00 0.00 42.0000 $756.00 120.0
009 A Portable Changeable Message DAY $ 85:00 55.00 0.0000 0.00 0.00 38.0000 $3,230.00 69.09
Sign
010 A Outside Agency Uniformed Police Est.1.00 5,000.00 0.0000 0.00 0.00 6862.8000 $6,862.80 137.26
Flagging Labor
011 A Roadside Cleanup Est.1.00 5,000.00 0.0000 0.00 0.00 0.0000 0.00 0
012 A Removal of Cement Concrete Flat SY 91.00 200.00 0.0000 0.00 0.00 248.5900 $22,621.69 124.30
Work
013 A Removal of Curb and Gutter LF 18.00 235.00 0.0000 0.00 0.00 241.5000 $4,347.00 102:77
014 A Remove Raised Pavement LS 112.00 1.00 0.0000 0.00 0.00 1.0000 $112.00 100
Markings
015 A Removal of Precast Traffic Curb LF 4.00 510.00 0.0000 0.00 0.00 510.0000 $2,040.00 100
and Delineators
016 A Crushed Surfacing Top Course TON $ 60.00 36.00 0.0000 0.00 0.00 24.2300 $1,453.80 67.31
017 A HMA Cl.1/2-inch PG 64-22 TON $ 81.50 4;900.00 0.0000 0.00 0.00 5182.8100 $422,399.02 105.77
018 A Asphalt Cold Patch TON $260.00 10.00 0.0000 0.00 0.00 8.6400 $2,246.40 86.40
019 A Planing Bituminous Pavement SY S 2.25 42,843.00 0.0000 0.00 0.00 43800,0000 $98,550.00 102.23
020 A Adjust Existing Manhole EA $936.00 3.00 0.0000 0.00 0.00 3.0000 $2,808.00 100 .
021 A Adjust Existing Catch Basin EA $525.00 1.00 0.0000 0.00 0.00 0.0000 0.00 0
022 A Adjust Existing Valve Box EA $770.00 7.00 0:0000 0.00 0.00 7.0000 $5,390.00 100
023 A Temporary Water EST $ 1.00 2,000.00 0.0000 0.00 0.00 0.0000 0.00 0
Pollution/Erosion Control
024 A Inlet Protection EA $105.00 64.00 0.0000 0.00 0.00 65.0000 $6,825.00 101.56
025 A Cement Concrete Traffic Curb LF 36.00 235.00 0.0000 0.00 0.00 241.5000 $8,694.00 102.77
and Gutter
026 A Precast Curb with Delineators LF 25.00 510.00 0.0000 0.00 0.00 607.0000 $15,175.00 119.02
027 A Raised Pavement Marker EA 3.80 260.00 0.0000 0.00 0.00 458.0000 $1,740.40 176.15
028 A Flexible Guide Post EA 96.00 5.00 0.0000 0.00 0:00 5.0000 $480.00 100
029 A Monument Type B(Modified) _ EA $550.00 3.00 _ 0.0000 0.00 0.00 1.0000 $550.00 33.33
Period Dates
Begin: 11.21.2017
End: 12.20.2017
2 of 3
Page 15 of 59
City Of Auburn 17-05
CP1523 Lake Tapps Parkway Preservation
17-051#5
CONTRACT THIS PERIOD VALUE OF TOTAL
ITEM
NO. SCHEDULE ITEM DESCRIPTION UNITS MATERIALS EST.
UNIT COST QUANTITY QUANTITY COST STORED TOTAL TOTAL QTY.
QUANTITY COST
030 A Decorative Scored Cement SY 94.00 70.00 0.0000 0.00 0.00 159.6800 $15,009.92 228.11
Concrete Sidewalk
031 A Cement Concrete Curb Ramp EA 51,980.00 8.00 0.0000 0.00 0.00 8.0000 $15;840.00 100
Type Perpendicular A
032 A Induction Loop Vehicle Detector EA $771.00 39.00 0.0000 0.00 0.00 39.0000 530,069.00 100
033 A Adjust Existing Junction Box EA $275.00 4.00 0.0000 0.00 0.00 4.0000 $1,100.00 100
034 A Paint Line LF S 0.25 7,460.00 0.0000 0.00 0.00 18787.0000 $4,696.75 251.84
035 A Painted Wide Lane Line LF 0.50 2,054.00 0.0000 0.00 0.00 2990.0000 $1,495.00 145.57
036 A Plastic Crosswalk Stripe and Stop LF 7.50 580.00 0.0000 0.00 0.00 557.0000 $4,177.50 96.03
Bar(24 in wide)
037 _ A Plastic Traffic Arrow EA 58.50 17.00 0.0000 0.00 0.00 17.0000 $994.50 100
038 A Temporary Pavement Markings LF 0.40 10,500.00 _ 0.0000 0.00 0.00 37050.0000 $14,820.00 352.86
039 B One Year Warranty Bond(Not LS 500.00 1.00 0.0000 0.00 0.00 1.0000 $500.00 100
FHWA eligible)
040 A High Friction Surface Treatment SY 56.00 580.00 0.0000 0.00 0.00 580.0000 $32,480.00 100
041 A ITS Conduit LS $6,847.76 1.00 0.0000 0.00 0.00 1.0000 $6;847.76 100
5001 A Schedule A Sales Tax LS 0.00 1.00 0.0000 0.00 0.00 0.0000 0.00 0
5002 B Schedule B Sales Tax LS 0.00 1.00 0.0000 0.00 0.00 0.0000 0.00 0
A ROW LEFT INTENTIONALLY
BLANK
B ROW LEFT INTENTIONALLY
BLANK
Period Dates
Begin: 11.21.2017
End: 12.20.2017
3 of 3
Page 16 of 59
1,333.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet1,333.3
Notes
Legend
666.70
1:8,000
CP1523-Lake Tapps Parkway Preservation Project-Vicinity Map
1in =667 ft
12/14/2017Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
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.
Railroads_1k
Paved Surfaces_1k
Lakes and Rivers_1k
Ponds_1k
Streams_1k
Lake Tapps
Parkway
Preservation
Project Limits
Page 17 of 59
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6663
Date:
January 10, 2018
Department:
Community Development &
Public Works
Attachments:
Ord 6663
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6663.
Background Summary:
Ordinance No. 6663 proposes to modif y Section 2.33.010 (Creation) of the Auburn City
Code to increase the membership of the Auburn Airport Advisory Board f rom f ive (5)
members to seven (7) members. Key Result Area No. 2, Goal No. 5 of the Council adopted
2017-2020 Strategic Business Plan f or the Auburn Municipal Airport specifies that the Board
should annually conduct a review of the current composition and f ocuses of the Airport
Advisory Board to determine potential for recommended code changes. It further identifies
that areas of interest could include but are not limited to current number of authorized board
members and specific Board f ocuses. Throughout 2017, the Board discussed the current
number of Board members several times, most recently at the Board’s October 2017 and
November 2017 meetings. At the Board’s December 20, 2017 meeting, the Board reviewed
draft Ordinance No. 6663 and on positive motion action recommended to the City Council the
approval of the Ordinance. The Board asked staf f to share with the City Council its reasons
f or supporting the ordinance including reducing potential quorum issues and increasing
opportunities for additional member experiences and backgrounds to enhance the Board’s
work efforts. The Board also asked staf f to share with the City Council that while it is
supportive of the increase in the number of members f rom five to seven, it strongly wants to
retain the positive working atmosphere, energy and focus of the Board.
Rev iewed by Council Committees:
Councilmember:Staff:Snyder
Meeting Date:January 16, 2018 Item Numb er:ORD.A
Page 18 of 59
ORDINANCE NO. 6 6 6 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTION 2.33.010
OF THE AUBURN CITY CODE RELATING TO THE
NUMBER OF MEMBERS FOR THE MUNICIPAL AIRPORT
ADVISORY BOARD
WHEREAS, the Municipal Airport Advisory Board was previously established by City
Council action; and
WHEREAS,the Airport Advisory Board specified in KRA 2/Goal 5i of its Strategic Business
Plan (adopted by City Council via Resolution No. 5264, December 19, 2016) its intent to conduct
a review of the current number of authorized board members; and
WHEREAS, the Airport Advisory Board reviewed its current board composition of five
members and concluded that an increase to seven members would provide additional volunteer
service opportunities for individuals interested in the planning, development and operation of the
Auburn Municipal Airport as well as provide additional knowledge, perspective, experience and
skills to assist the Airport Advisory Board in its role as an advisory body to the City Council; and
WHEREAS, at its November 15, 2017 meeting, the Airport Advisory Board took positive
motion action to recommend to the City Council a modification to Section 2.33.010 of the Auburn
City Code to increase the total board membership from five members to seven members.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows
Section 1. AMENDMENT TO CITY CODE. That Section 2.33.010 of the City
Code be, and the same is hereby amended to read as follows:
2.33.010 Creation.
There is created a board, which shall be known as the Auburn Municipal Airport
advisory board, which shall consist of five-seven members, who shall serve without
remuneration, from a list provided by the mayor to be appointed by confirmation of a
majority of the members of the city council, from time to time, the first members thereof
Ordinance No. 6663
January 10, 2017
Page 1 of 2 Page 19 of 59
to be appointed within a reasonable time after the ordinance codified in this chapter
becomes effective. (Ord. 5924 § 1, 2005; Ord. 2820 § 1, 1974.)
Section 2. IMPLEMENTATION. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 3. SEVERABILITY. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application thereof
to any person or circumstance shall not affect the validity of the remainder of this
ordinance, or the validity of its application to other persons or circumstances.
Section 4. 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.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
ATTEST:
NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
AP' ' u ED
AFA •
FORM:
410
Daniel B. Heid, ity Attorney
PUBLISHED:
Ordinance No. 6663
January 10, 2017
Page 2 of 2 Page 20 of 59
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5339
Date:
December 29, 2017
Department:
CD & PW
Attachments:
Res 5339
Draft Ordinance No. 6670
Ordinance No. 6452
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5339.
Background Summary:
Resolution No. 5339 sets the date of the public hearing for renewal of Franchise Agreement
No. 12-41 f or Zayo Group, LLC for February 20, 2018 at 7:00 pm in Council Chambers.
Zayo Group LLC has applied for renewal and amendment to their existing Franchise
Agreement to continue to operate within the City’s rights of way a telecommunications system
throughout the City. Per Auburn City Code Chapter 20.06.140 a public hearing shall be held
prior to granting or denying renewal of a Franchise Agreement.
Draft Ordinance No. 6670 and Franchise Agreement No. 12-41, Ordinance No. 6452 are
attached as back up documentation f or Resolution No. 5339.
Rev iewed by Council Committees:
Councilmember:Staff:Snyder
Meeting Date:January 16, 2018 Item Numb er:RES.B
Page 21 of 59
RESOLUTION NO. 5 3.3 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A PUBLIC HEARING TO
CONSIDER THE RENEWAL OF FRANCHISE AGREEMENT
NO. 12-41 AND AMENDMENT OF ORDINANCE NO. 6452
WITH ZAYO GROUP, LLC
WHEREAS, Zayo Group, LLC ("Grantee") has applied to the City for renewal and
amendment to their existing Franchise Agreement No. 12-41 for the right of entry, use,
and occupation of certain public rights-of-way within the City of Auburn; and
WHEREAS, The City has reviewed the Grantee's application materials, and the
City Engineer is satisfied that the application is sufficiently complete, so as to warrant
holding a public hearing before the City Council to consider the renewal and amendment
to the franchise agreement, pursuant to ACC 20.06.140 of the Auburn City Code (ACC).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That a hearing on the application by the Grantee for renewal and
amendment to Franchise Agreement No. 12-41, Ordinance No. 6542 with the City of
Auburn is hereby set for 7:00 p.m. on the 20th day of February, 2018, or as soon
thereafter as the matter may be heard, in the City Council Chambers at 25 West Main
Street, Auburn, Washington, 98001, with all persons wishing to speak to the application
at the public hearing being invited to attend.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
posting notice of such public hearing as required by State law and City Ordinance.
Resolution No.5339
franchise Agreement No. 12-41 Renewal
January 10, 2018
Page 1 Page 22 of 59
Section 3. This resolution shall be in full force and effect upon passage and
signatures hereon.
DATED and SIGNED this day of 2018.
CITY OF AUBURN
ATTEST:
NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
APP'D i s • FO-M:
niel B. Heid, ity Attorney
Resolution No. 5339
franchise Agreement No. 12-41 Renewal
January 10, 2018
Page 2 Page 23 of 59
------------------------------
Draft Ordinance No. 6670
Zayo Franchise Agreement Renewal
December 6, 2017
Page 1 of 5
ORDINANCE NO. 6 6 7 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE RENEWAL
AND AMENDMENT OF ORDINANCE NO. 6452 FOR ZAYO
GROUP, LLC, FRANCHISE AGREEMENT NO. 12-41 FOR A
TELECOMMUNICATIONS SYSTEM
WHEREAS, on April 1, 2012, the City Council adopted Ordinance No. 6452,
granting a telecommunications franchise to Zayo Group, LLC; and,
WHEREAS, Zayo Group LLC wishes to renew said Franchise Agreement
for an additional five year term; and
WHEREAS, following proper notice, the City Council held a public hearing
on Zayo Group, LLC’s request for renewal of Ordinance No. 6452, at which time
representatives of Zayo Group, LLC 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, based upon the foregoing recital clauses and 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
renewal of Ordinance No. 6452 be granted to Zayo Group, LLC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Page 24 of 59
------------------------------
Draft Ordinance No. 6670
Zayo Franchise Agreement Renewal
December 6, 2017
Page 2 of 5
Section 1. The City approves Zayo Group, LLC’s application for renewal
for one five-year period as provided for in Section 3 of Ordinance No. 6452, a copy
of which is attached hereto, marked as Exhibit A, under the conditions set forth in
this Ordinance. Such five-year renewal period shall commence on the effective
date of this Ordinance.
Section 2. Section 2, Paragraph A. of Ordinance No. 6452 regarding
Grantee contact information is hereby amended as follows;
Grantee:
Zayo Group, LLC
Attn. General Counsel, ZFTI
400 Centennial Parkway, Suite 200
1805 29th Street, Suite 2050
Louisville, CO 80027
Boulder, CO 80301
Section 3. Zayo Group, LLC shall, within thirty (30) days after the effective
date of this Ordinance, file with the City, a fully executed Statement of Acceptance
of this Ordinance, which written acceptance shall be Exhibit B, attached hereto
and incorporated herein by this this reference.
Section 4. This Ordinance shall supersede Ordinance No. 6452 to the
extent that it contains terms and conditions that change, modify, delete, add to,
supplement or otherwise amend the terms and conditions of Ordinance No. 6452.
All other provisions of Ordinance No. 6452 shall remain unchanged and in full force
and effect.
Page 25 of 59
------------------------------
Draft Ordinance No. 6670
Zayo Franchise Agreement Renewal
December 6, 2017
Page 3 of 5
Section 5. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 6. Severability. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder
of this ordinance, or the validity of its application to other persons or circumstances.
Section 7. 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.
FIRST READING: _________________
SECOND READING: ______________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
Page 26 of 59
------------------------------
Draft Ordinance No. 6670
Zayo Franchise Agreement Renewal
December 6, 2017
Page 4 of 5
ATTEST:
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid, City Attorney
Published: _________________
Page 27 of 59
------------------------------
Draft Ordinance No. 6670
Zayo Franchise Agreement Renewal
December 6, 2017
Page 5 of 5
EXHIBIT “B”
STATEMENT OF ACCEPTANCE
Zayo Group, LLC., for itself, its successors and assigns, hereby accepts and
agrees to be bound by all lawful terms, conditions and provisions of the Franchise
Agreement, Ordinance No. 6452, attached hereto and incorporated herein by this
reference as amended by Ordinance No. 6670.
Zayo Group LLC
1805 29th St SE, Suite 250
Boulder, CO 80301
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 2018, 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:
Page 28 of 59
ORDINANCE NO. 6 4 5 2
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
ZAYO GROUP, LLC, A DELAWARE LIMITED
LIABILITY COMPANY, A FRANCHISE FOR A
TELECOMMUNICATIONS SYSTEM
WHEREAS, Zayo Group, LLC, ("Grantee") has applied to the City of
Aubum ("Cit') for a non-exclusive Franchise fo 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 March 18, 2013, on Grantee's request for a Franchise, at which time
representatives of Grantee and interested citizens virere heard in a full public
proceeding affording opportunity for commenf byany 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
WASFiINGTON, 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 eMer, use, and occupy the right(s)-of-way
and/or other public property specfied in Exhibit "A," attached hereto and
incorporated by reference (the °Franchise Area").
B. The Grantee is authorized t_o install, remove, construct, erect,
operate, maintain, relocate and repair the types of facilities spec ed in Exhibit
B," attacheii hereto and incorporated by reference, and all necessary
appurtenances thereto, ("Gran4ee Facilities") for provision of those services set
forth in Exhibit "C" ("Grantee Services") in, along, under and across the
Franchise Area.
Ordinance No. 6452
January 29, 2013
Page 1 of 15
Page 29 of 59
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 w hin 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 4he
Franchise Area shall have no value.
F. The Ciry reserves the right to change, regrade, relocate, abandon,
orvacate any right-of-way wRhin 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 Gity 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.
City:Engineering Aide, Public Wo lcs Department-Transportation
City of Aubum
25 West Main Street
Aubum, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
Ordinance No. 6452
January 29, 2013
Page 2 of 15
Page 30 of 59
with a copy to: City Clerk
City of Auburn
25 West Main Street
Aubum, WA 98001-4998
Grarrtee:
Zayo Group, LLC
Attn. General Counsel, ZFTI
400 Centennial Parkway, Suite 200
Louisville, CO 80027
B. Any changes to the above-stated Grantee ir formation shall be sent
to the City's Engineering Aide, with copies to the City Clerk, referencing the title
ofthis agreement.
G The a6ove-stated Grantee voice and fax telephone numbers shall
be staffed at least during normal business hours, Pacific time zone.
Sectio 3. Term of Agreement
A. This Franchise shall run for a period of five (5) years, from the date
of execution specfied 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 spec ed under ACC 20.06.130, as it now exists oP is amended,
wrthin the timeframe set forth 4herein (curren4ly 240 to 180 days prior to
e iration of the then-current term). Any materials submiited by the Grantee for
a previous application may be considered by the City in reviewing a current
application, and the Grantee shall only submiY those materials deemed
necessary by the City to address changes in the Grantee Facilities or Grantee
Serv'ices, 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 efther party give.s written notice at least one hundred and eighty (180)
days in advance of iMent not to renew the Franchise.
Ordinance No. 6452
January 29, 2013
Page 3 of 15
Page 31 of 59
Section 4. Definitions
For the purpose of this agreement:
ACC" means the Aubum City Code.
Emergency' means a condition of imminent danger to the health, safety and
welfare of persons or property Iocatedwithin 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 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 similarpublic 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 Aoceptance, attached hereto as Exhibit "D," and
incarporated by reference, (2) all verifications of insurance coverage specified
under Section 15, and (3) the financial guaraMees spec ed in Section 16
collectively, "Francfiise 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 30 days after the effectiye 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 upon Grantee
Ordinance No. 6452
January 29, 2013
Page 4 of 15
Page 32 of 59
Facilities. 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 activit r.
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
6me 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.
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 ideMify exisfing 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 ovefianging streets, public rights-of-way, and places in the
Franchise Area so as to preverrt 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 ofthe fimming, 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, pro4ided
that the Grantee shall notify the City Construction Manager in writing as prompUy
as possible, before such repair or emergency work commences, or as soon
thereafter as possible, if advance notice is not practical. The City may act, at
any time, vvithout prior written notice in the case of emergency, but shall notify
the Grantee in writing as promp4ly as possible under the circumstances.
Section 8. Damages to City and Third-Party Property
Ordinance No. 6452
January 29, 2013
Pageb of 15
Page 33 of 59
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 repairwork shall be performed and completed to the satisfaction
of the City Engineer.
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 applica4io 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 oradditional structures, equipment, appurtenances
or tangible property, then the Grantee Facilities shall have priority. These rules
goveming preference shall continue in fhe 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 reloc tion of another utility that otherwise would not require
relocation. This Section shall not apply to any City facilities or utilities that may in
thefuture require the relocation of Grantee Facilities. Such relocations shall be
govemed 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 4he Public Way, will develop guidelines
and procedures for determining spec c utility locations.
Section 10. Grantee Infortnation
A. Grantee agrees to supply, at. no cost to the City, any information
reasonably requested of the City Engineering Aide to coordinate municipal
functions with Grantee's activities and ftilfill 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 loca4ion of
existing or planned facilities within the City. Said information may be requested
either in hard copy or electronic format, compatible with the Ciry's data base
system, as now or hereinafter existing, including the City's geographic
information Service (GIS) data base. Grantee shall keep the City Right-of-NVay
Ordinance No. 6452
January 29, 2013
Page 6 of 15
Page 34 of 59
Manager informed of its long-range plans for coordination with the Citys 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 Ciry.
Accordingly, the Ciry agrees to notify the Grantee of requests for public records
related to the 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 attomeys fees) imposed on the Clty
because of non-disclosures requested by Grarrtee under Washington's open
public recordsact, provided the City has not ed Grantee of the pending request.
Section 11. Relocation of Grantee Facilities
A. Except as othervvise 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 reguired by RCW Chapter
35.99. Pursuant to the provisions of Section 14, Grantee agrees to p oted and
save harmless the City from any customer or third-party claims for serVice
interruption or other losses in connection with any such change, reloca#ion,
abandonment, or vacation of the Pubic Way.
B. If a readjustment or relocation of the Grantee Facilities is
necessitated by a request ftom a party other than the City, that party shall pay
4he Grantee the actual costs thereof.
Section 72. 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, ei4her 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.
Sectlon 13. Undergrounding
Ordinance No. 6452
January 29, 2013
Page7 of 15
Page 35 of 59
A. The parties agree that this Franchise does not limit the Ciry's
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
B. Whenever the City requires the undergrounding of aeriai 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 as may be required by RCW Chapter 35.99. Where o4her vtilities are
present and involved in the undergrounding project, Grantee shall only be
required to pay its fair share of common costs bome 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
vaufts. Fair share shall be determined in comparison to the total number and
size of all other utility facilities being undergrounded.
Section 74. Indemnification and Hold Harmless
A. The Grantee shall defend, indemniiy, and hold the City and its
officers, officials, agents, employees, and Volunteers harmless from any and all
costs; claims, injuries, damages, losses, su'its, orliabilities of any nature including
attorneys' fees arising out of or in connecfion with the Grantee's perFormance
under this Franchise, except to the exterrt such costs, claims, injuries, damages,
losses, suits, or liabilities are caused by the negligence of the City.
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 thaY neither the City nor any other
pu6lic agency with responsibility for fire fighting, emergency rescue, public safery
or similar duties within the City has 4he 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 providesuch services, and, pursuanYto theterms
of Section 14(A), the Grantee shall indemnify the City against any and all third-
party costs, claims, injuries, damages, losses, suits, or liabilities based on the
City's failure or inability to provide such services.
Ordinance No. 6452
January 29, 2013
Page 8 of 15
Page 36 of 59
D. Acceptance by the Ciiy of any work Perfom ed by the Grantee shall
not be grounds for avoidance of this section.
E. It is further spec cally and expressly understood that the
indemn cation provided herein constitutes the Grantee's waiver of immunity
under Industrial Insurance. Title 51 - RCW, solely for the purposes of this
indemn cation. This waiver has 6een 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 connedion with the performance of the worlc
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 $1,0OO,OU0.00 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 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
undeian insured contract. The Commercial General Liability insurance shall be
endorsed to providethe 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 properry damage. The City shall be named as an additional insured
under the Grantee's Commercial General Liability insurance policy with respect
to the work performed under this Franchise using ISO Addfional Insured
Endorsemerrt CG 20 10 10 01 and Additional Insured-Completed Operations
Ordinance No. 6452
January 29, 2013
Page 9 of 15
Page 37 of 59
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 professional employed or retained Grantee to
pe form services under this Franchise.
4. Wo icers' CompensaUon 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 Liabil'ity, 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 Grarrtee'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 eitherparty excepYafter thirty (30) days` prior
written notice by cerfified mail, retum receipt requested, has been given to 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 fumish the City with
documentation of insurer's A.M. BesY rating and with original cert cates and a
copy of'amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requiremerrts of the
Consultant before commencement of tlie work.
E. Grantee shall have the right to self-insure any or all of the aboye-
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 proyided by
such insurance, or othervvise limit the City's recourse to any remedy to which the
City is otherwise entitled at law or in equity+.
Section 16. Performance Security
Ordinance No. 6452
January 29, 2013
Page 10 of 15
Page 38 of 59
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 4he City. In the event Grantee
shall fail to substantially compiy 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 gua,rantee any_damages suffered by Ciry as a
result thereof, including but noY limited to staff time, material and equipment
costs, compensa4ion or indemn cation of third parties, and the cost of removal or
abandonment of facilities hereinabove described. Grarrtee specificalty agrees
thaY 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 Ciiy 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 Grarrtee, and all rights and privileges, as well as all obligations
and liabilities of the Grantee shatl inure to its successors, assignees and
contractors equally as if they were spec cally 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; Provided, that prior
consent for an assignment to Grantee's affiliates may be granted
administrafively.
C. Grarrtee 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 praposed 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 costs actually and reasonably incuRed 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 Asgignee or Transferee shall
file with the City a written promise to unconditionally accept all terms of the
Ordinance No. 6452
January 29, 2013
Page 11 of 15
Page 39 of 59
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obiigation to undertake any investigation of the transferoPs state of
compliance and failure of the Ciry to insist on full compliance prior to transfer
does not waive any right to insist on full compliance thereafter.
Section 78. Dispute Resolution
A. In the event of a dispute between the Ciry 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 P qreement. 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 govemed 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 spec cally
understand and agree that venue shall be exclusively in King County,
Washington. The prevailing party in any such action shall be entitled to its
attomeys' 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. Ifithe GraMee shall willfuly 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 ofi
this agreement, the City may, at its discretion, provide Grantee with written no4ice
to cure fhe breach within thirty (30) days of not cation. If the City determines the
breach cannot be cured within thirty days, the City may speciy a longer cure
period, and condition the extension of time on Grantee's submittal of a plan to
cure the breach within the specified period, commencement of work within the
originaf:thirty day cure period, and diligenf prosecution of the work to completion.
If the breach is not cured within the specified time, or the Grantee does not
compty with the speafied 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.
Ordinance No. 6452
January 29, 2013
Page 12 of 15
Page 40 of 59
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 ff 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#o, and the Grantee shall comply with all
applicable federal and state ar City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with
federaf laws and regulations, affecting performance under this Franchise.
furthermore, notwithstanding any otherterms of this agreement appearing to the
contrary, the Grarrtee shall be subject to the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare ofi 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
co orm to any hereafter enacted, amended, or adopted federal or state statute
or regulafion relating to the public health, safety, and weffare, or relating to
roadway regulation, or a City Ordinance enacted pursuarrt to such federal or
state statute or regulation upon providing Grantee with thirty (30) days written
notice of its action setting forth the full te ct of the amendment and identifying the
statute, regulation, or ordinance requiring the amendment. Said amencJment
shall 6ecome automatically effecfiVe upon expiration of the notice period unless,
before e iration of that period, the Grantee makes a written call fornegotiations
over the terms of the amendment. If the parties do not reach agreemeM as to
the terms of the amendment within thirty (30) days of the call for negotiations, the
City may enacY the proposed amendment, by incorporating the Grarrtee's
concems to the maximum extent the City deems possible.
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
mod cation.
Section.21. License, Tax and Other Charges
This Franchise shall not exempt 4he Grantee from any future license, tax,
or charge which the City may hereinafter adopt pursuant to authority granted to it
Ordinance No. 6452
January 29, 2013
Page 13 of 15
Page 41 of 59
under state ar 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, punitiye; reliance,
consequential or similar damages.
Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder pofions
shall remain in effect.
Section 24. Titles
The section titles used herein are for reference only and should not be
used for the purpose of interpreting this Franchise.
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.
Seetion 26. Effective date.
This Ordinance shall take effect and be in force froe days from and after its
passage, approval and publication as provided by law.
INTRODUCED:
APR - 1 2013
PASSED:
APPROVED: T 2013
PETE . EWIS, MAYOR
Ordinance No. 6452
January 29, 2013
Page 14 of 15
Page 42 of 59
ATTEST:
Ql
Dani Ile E: Daskam, City Clerk
APPROVED AS TO FORM:
a e ,` 'ty tt ne
Published: a13.----`
r1d'"
Ordinance No. 6452
January 29, 2013
Page 15 of 15
Page 43 of 59
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Grantee Facilities
Underground and overhead fiber optic cable consisting of individual fiber optic strands.
Ordinance No. 6452
Franchise Agreement No. 12-41
DATE 01/29/2013
Page 45 of 59
Exhibit "C"
Grantee Services
Zayo is a provider of bandwidth infrastructure solutions, offering traditional lit
telecommunications services (including private]ines and wavelengths, Intemet access
and co-location) to wholesale and enterprise oustomers over a fiber-optic network in
metropolitan markets from coast-to-coast. Wholesale carrier customers include
telecom, wireless, cable, LEC and Intemet serV'ice providers. Enterprise customers
include web-centric and technology businesses, governmerit entities, educational
institutions, financial services companies, healthcare providers and smaller firms
needing to connect mumple facilities. Zayo does not provide any residential, voice,
cable or video senrice.
Ordinance No. 6452
Franchise AgreementNo. 12-41
DATE 01/29/2013
Page 46 of 59
Zayo Group Proposed Initial Buildout
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Page 47 of 59
EXHIBIT"D"
STATEMENT OF ACCEPTANCE
Zayo Group, LLC, 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: J-, ti Date: i i I i J
Name: 6;. Fr;cdM..
Title: CFU'ZFT J Zo, (,,,,,P, LL
STATE OF J „ra r o )
ss.
COUNTY OF 'o, ,I I:c_r )
i
On this I day of I 2013, before me the undersigned, a Nota_ry
Public in and for 4he State of C r o , duly commissioned and sworri, personally
appeared, f rl s,n._ of 4he company that executed the within
and foregoing ' strument, and ackno he said instrumerrt to be the free and
voluntary.act and deed of said company, for the uses and purposes therein mer tioned,
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.seaf on
the date hereinabove set forth.
h . C ll h /_
Sigriature
NOTARY PUBLIC in and for the State of
1 «c o , residing at P o.lr oa o:,n
MY COMMISSION EXPIRES:
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Ordinance No. 6452
Franchise Agreement No: 12-41
DATE 01/29/2013
Page 48 of 59
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5342
Date:
December 29, 2017
Department:
CD & PW
Attachments:
Res 5342 and Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5342.
Background Summary:
Resolution No. 5342 authorizes the Mayor to execute an agreement between the City and the
Washington State Department of Transportation (WSDOT) relating to WSDOT’s pavement
preservation project on SR-18 from W est Valley Highway east to the City limits.
This resolution would allow the City to enter into an agreement with WSDOT to include
pavement maintenance (full depth patching as needed, grind, overlay, and signal restoration)
improvements to W est Valley Highway from Peasley Canyon Road to SR-18 in W SDOT’s
construction contract. These improvements would be paid for by the City. Including the
improvements with the WSDOT construction contract will reduce the overall construction
impacts to the travelling public and is more cost effective then the City producing a separate
construction contract f or the City improvements.
The pavement preservation on West Valley Highway would be f unded f rom the City’s arterial
street preservation fund (105 fund). The estimated cost f or the improvements is
$432,031.40. Additionally, the agreement authorizes up to 10% in construction contingency in
case there are unexpected conditions or changes.
Rev iewed by Council Committees:
Councilmember:Staff:Snyder
Meeting Date:January 16, 2018 Item Numb er:RES.B
Page 49 of 59
RESOLUTION NO. 5 3 4 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERAGENCY AGREEMENT BETWEEN
THE CITY OF AUBURN AND THE WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION RELATING TO A
PROJECT ON WEST VALLEY HIGHWAY FROM PEASLEY
CANYON ROAD TO SR-18
WHEREAS, WSDOT is proceeding with a pavement maintenance project on SR-
18 from West Valley Highway to east beyond the City limits; and
WHEREAS, the pavement on West Valley Highway from Peasley Canyon Road to
SR-18 requires maintenance; and
WHEREAS, there is a mutual benefit to the City and WSDOT in having WSDOT
perform the needed pavement maintenance on West Valley Highway during the
construction of the SR-18 pavement maintenance project; and
WHEREAS, the City is willing to compensate WSDOT for its costs to design and
construct the improvements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute an Interagency Agreement
with WSDOT for the purpose of WSDOT constructing the pavement maintenance on
West Valley Highway from Peasley Canyon Road to SR-18, in substantial conformity with
the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this
reference.
Resolution No. 5342
December 28, 2018
Page 1
Page 50 of 59
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.
Dated and Signed this day of 2018.
CITY OF AUBURN
NANCY BACKUS
ATTEST: MAYOR
Danielle E. Daskam,
City Clerk
APP' *VED TO FORM:
r
24low
a.niel B. Heid,
City Attorney
Resolution No. 5342
December 28, 2018
Page 2
Page 51 of 59
Exhibit"A"to Resolution No. 5342
Ata
Wohingtotn.State
Department
Local Ageney.ana Address:1LocalAgencyCity--:Of Album
Participating Agreement 25 West Main Street
Auburn,WA 98001
Work by State.—Actual Cost • .Section/Location::
AgreementNunter: SR 18 and WeatVOliey Interonenge,,
GCB 2892 Hans,SpecificatiOns:and Cost Estimates(PS&S):4Or-The
41N.C1StateRouteNumber: Control Seetton Minter Local Agertoy:Workby.:LOCAL AGENCY? YOS
SR 18 PS&E Due Date:-
Region:
Cieeeription of Work*:Northwest Region.
State tei•proVide.Plarining,deSign and construction'fOr:the:West Valley
Advance payinent.Relkiired? i Yete. No flglovity onitPoesio Canyon Rd per:Exhibit B.,DescriPtion of Work
Advance Payment Amount:
0
Yfr• T-'4AXELNki4.4,,p1:11.„.•••:„.,.• 717'WM:7C 1",-r41)741171;ingtaiikAT AZVititt 1*..1:41M.Y:
State Agency Representatives: Local Ageney.:Repreaanfativaa!
WashingtonState 12921Ltine nt.of TransportEttiori City of AtIbPril
Name; Name:
John M Clii,P.E.
Title: Title:
Project Engineer Assistard:pireclor EnginserLis:
AdOresa: Address:
15700 payroll:Ave,N,Seett.lei WA 9&133 25 West MainStreet Auburn,WA 98001
Address: E-mail.Address:
c1.1031wSdot.W4OV. igatib@auhumwary
Rhona
2Q0'440,4012 z$1404311
This Agreement is Made and entered Into between the Washington State Department of transportation (STATE).and the above
named governmental entIty..(LOCAL AGENCY).
WHEREAS,the STATE is Planning the construction or improvement ofaeectIon of the state routeas shown above and in connection
therewith, the.LOCAL AGENCY has.requested that the STATE perform certain work.for the LOCAL AGENCY as described above
under Description OfWer.k:and/Or itirther described In Exhibit B,(Work),and
WHEREAS it le doomed to be In the publics best interest for the STATE to include the requested Work in the&ME's:construction
contract for the:atate routelmorovernent,and
WHEREAS;the'LOCAL AGENCY is:obligated:forte CostoftheWerkEleacribed herein;
NOW, THEREFOR:E., pursuant to ROW 4728.140 and/Or chapter 39.34 RCW and in consideration of the'term, Conditions,,and
performances contained herein, the recitals as stated above, and the attached Exhibits:.which are incorporated and:made:a.part
hereof,
IT IS MUTUALLY AGREED AS FOLLOWS:
PLANS,SPECIFICATIONS,AND COST ESTIMATES.
The.STATE, en behalf of the LOCAL AGENCY,agrees to perform the Work,as further provided hereinand purstiant-to.the.
attached•ekhlbits. Exhibit A is the Cost Estimate and Exhibit B if inclUdedas an attachment further difineS1110.W0tt1 be
constructed for the LOCAL AGENCY, The combination of the LOCAL AGENCY s Work and theSTATES improvements:
hereinafter constitute the Prefect
DOT Form 224.065
Revised 05/2017 PEige 1:Of 7
Page 52 of 59
1,2 II indicated in the above heading,the. LOCAL.AGENCY shall provide the.:STATE with plans, :specifications'and cost
estimates(PS&E)for the Work.
1.2,1 The PS&E shall.be In accordance with the:State of Washington Standard Specifications for.Road, Bridge and
Municipal :ConstrUctiOn, and it amendments thereto (Standard Specifications), current at the the Of Project
advertisement mutually acceptable design standards,: or the LOCAL AGENCY s :standards if applicable end
specified by the LOCAL,AGENCY Backup caiculationsrfot quantities,and breakdowns,for Iiimpsum Items shall be
inCludecl With-the:PS/1E forts Work:
1.2,2 Ifthe PS&E for the work,with becktipealcUlitorie and breakdowns Is not delivered by the PS&E.due datei
the STATE, et'its.tole diactetion; may proceed without the.LOCAL AGENCY Work included With the.STATE's
Improvements.The LOCAL AGENCY.agrees to reimburse•aliSTATE costs Incurred up toand as'a result of the-
LOCAL AGENCY's.failure Id timely provide the PS&E.. This .Agreement Shalt terminate upon receipt,of,all
reimbursement payments In actorde hoe with Section.6;.
1.3 The STATE will Incorporate The LOCAL AGENCre.VVork :or Work:PS&E into•the STAT.Es PS&E for the .8:TATES
Improvements to produce a combined adVartisernent.(A4 ready PS&E for.the.ProjeCt The STATE will document STATE
performed engineering design work required to incOntrate the Wolk or Work PS&E into the STATE PS&E (Design
Documentation)„ The State provide:up to tove..ihtOrmediate review sets of the Pat and Design Documentation at
mutually agreeable rhos**. Thk.sTATgWillotovide the LOCAL AGENCY with...4one(1):reproducible copy-of.thestamped
final:DeSign:DOCurttritatiOn pilot tO the ProPOsed Ad date.
1,4 The STATE wiIF provide the.LOCAL AGENCY With One(1) reptodutible copy of the Ad ready•PS&E fir the.:Project:a
minimum of thirty(30)working days prior to the proposed Ad date The LOOAL AGENCY will have fifteen(1 )working:days
to review the Ad ready PS&E for tha PrOjett,resolve any concerns,and provide the STATE with written approval,:conditional
apprOval,Or rejection of the Ad ready PS&E.for the Work portion of the:Project: In•theeverit.the Work portion of the Ad
ready PS&E Is conditionally approved or teleeted,the LOCAL AGENCY shall include the reasons for conditiOnalapproval or
rejection The LOCAL AGENCY may request an aiderislOn..of time In writing prOVIdedlhat-the STATE receives the written
request not later than fifteen(15)working:days after the LOCAL.AGENCY has received the Ad ready PS&E, The STATE
shall provide'a indicating the nutnbeforwerking days'extendecijf any,
1.5 If the STATE does not receive the LOCAL AGENCY.'t wtittertapproVaL bOnditierial.apprOVal or refection of the-1/Vorkportion
of the Ad ready PS&E within fifteen(IZ):wOddng days fart any approved extension of time pursuant Section 1.4, or if the
STATE cannot accept LOCAL AG EN er0:coociitiorN'of 000.44,Or if the LOCAL AGENoyliaslictaCqUired all right of
way and permits required to tenet:tact mairiteiniand•operate the Weds;the STATE may;at:its.sole 4160006v delete the
Work from the Project and advertiSetit.STATEs iMptOyernentS.,The LOCAL AGENCY agrees to reitabUteetheSTATE for
engineering costs and attire!direct and related indirect costs ingurred by tt-STATE.eascidated.With either the STATE or
LOCAL AGENCY deleting the Work from the Project 1111$Agreement Shalt then terminate upon receipt Of all reIntursernent
payments In accordance with Section:8:
2.. SID,AWARD,AND COST.ADJLISTMENTS
2.1 The STATE wil advertise the PrOjett:for bids. The.STATE wilite the LOCAL.AGE,NCYla representatiVedurihg the Ad end
Project COO-tract.award pertd.. When requested by.the STATE the LOCAL AGENCY shall timely assist the STATE in
answering bid ttueopra.and resolving any design Issues That may arise that are tatittated with the Work: Al!comittients.
and clarifications must go throLigh:theSTATE:
2:2 lf the LOCAL AGENCY is tesPonsiblefor Praparing the.Work PS&Erthe:LOCAL AGENCY agreeeto provide the STATE.With:
any addenda required forte Work during:the Ad petted,to the PartleVrtiutuel..asititfactlen.
23 The STATE shall provide:the LOCAL,AGENCY With writtert:nOtifiCatien of the bid price,for the Work, The LOCAL AGENCY
shalt have:five(5)working days from the date of written notification to provide the STATE written aPPrOsialtif the bid price for
the Work,or request the Work be deleted,from the ProjeCt. The.LOCALAGENCY may request an extension of time In
writing,provided that the STATE receives the writtenlequest.netlatet than five(5)working days alter the LOCAL AGENCY
has received the Written notificatiOn. The STATE shall provide a:Written response Indicating the number of:Working days
ektended,It any.
DOT Form 224-065
Res/Isar:1'05/2017 Page 2 of 7
Page 53 of 59
2.4 The LOCAL AGENCY acknowledges that fit.fails to provide the STATE with written.appr.Oval of the bid price.forthe Worker
request that the Work.be deleted from.the Project within five(5)working days and,any approved ekteltision of time:pursuant
to Section 23;the:STATE shall delete the Work from:the Project- In this event,the LOCAL-AGENCY agrees to reimburse
the STATE.for engineering costs and actual direct and related Indirect costs incurred by the STATE associated with deleting
the Work from the Project. The LOCAL AGENCY understands that deleting the Work.from the Project nlay:require an
equitable adjustment to the Project contract and agrees to reimburse the STATE for costs.associated with:.the.equitable
adjustment. This Agreement.shall then terminateupon•receipt of all reimbursement and equitable adjustment;payments.in
accordance with Section6;
2.5 if the LOCAL AGENCY approves the bid price.forthe Work and the.STATE does not award or execute the Project cont iset;
but:thereafter re-advertisesthe Project for bids,the STATE agrees to pay ail STATE costs tote-advertise the.Project: The.
LOCAL.AGENCY agrees that the STATE is notrresponsible for increased bid ipricettr delay to the'Werk or other impacts`to
the LOCAL AGENCY restating from re-advertising the Project
2.6 if the LOCAL AGENCY-approves the bid price.for the Work and the STATE does.not award or execute the Project contract
and does not re-advertise the Project for bids,thls.Agreementshall,terminate Upon receipt of ell reimbursement paymentSin
accordance with Section 6. The LOCAL AGENCY agrees Ihatthe.STATE:is not responsible for potential Increased coats:for
the Work,delayto the„Work or:other impacts tothe LOCAL AGENCY.resultingfrom:not awardingtheProject,.
3. CONSTRUCTION
3.1 The STATE will be the LOCAL AGENCY'S representative during construction and will act as owner in the edrnlr)bstratfon Of:
the contract for the Work. The STATE will:designate a STATE Project Engineer to.:provide all;services rattled*including-
but not limited to construction administration,inspection,materials'testing;end representation,necessary to administer and.
manage the contract to ensurethat the;Work is constructed Inaccordance With the contract:
3.2 The LOCAL AGENCY may consult:with and:inquire:of the STATE:,Project Engineer;attend all meetings,:and have access to
ail documentation concerning the Work. The LOCAL AGENCY shall not provide direction,:directly I5r indire.ctly;to the
STATE's contractor, Ail formal contacts between the LOCAL:AGENCY and the contractor shall be.through the STATE'S
representative.
3,3 When it:becomes known that quantities for a.unit bid item wili exceed plan:quantity ter:the Work by tent 110)percent or resuit
in a cost Increase for the Work.exceeding the total amount by the percentage listed under Sectlorr 6,5,the STATE.shall
consult with.the LOCAL AGENCY on.possible courses of'action.Within three py working;days:in accordance wrth.8ectiori 4.
34 The.LOCAL AGENCY may inspect the UVork: •Any costs far such.Inspectlon shall be,borne solely by the LOCAL,AGEN.I Y.
Ali contact between said inspector and the contractor shall be Only through the STATE'S inspector or The STATE'S
representative.,
3.5 The STATE will prepare the,final construction documentation in general conformance withthe STATE'S Construction
Manual. The STATE will maintain one.set of plans.as the official"as-built”set,then make notations in red ink;of Hit plan
revisions typically recorded:per standard STATE praoficesr as:directed by the STATE'S.Construction Manual.,Once the
LOCAL AGENCY has accepted the Work per•Section 5',.the.S.TATE'will provide one reproducible set of as-bulit;plans to the
LOCAL AGENCY within Nire4 ( 90 )working days;..
4: CONTRACT CHANGES
4.1 Changes to the Project contract will be documented by cliange.order in accordance'With the Standard;Specitidatlons The
STATE shall process change orders for ell changes affecting the Work In the manner set forth in subsection SS 14)44,
Approval of Changes/Checklist;STATE Construction Manual,:current edition.
4,2 Required:changes Involve such changes in:quantities or alterations to the.Work as are necessary to settsfactorllycernpiete
the Project.All other changes affecting-the Work shall.be considered elective changes.
DOT.Porro.224-065'
Revised 0512017 Page 3 of 7
Page 54 of 59
4.3 The LOCAL AGENCY authorizes the STATE toinitiate all required changes effecting.the Work:•end to nagetiote;.idocUrnent
and execute the Asseciatedchange.orders. The LOCAL:AGENCY Agrees to pay for the Increases in Oat,if any,for the.
required changes.affecting the Work in accordance with SectionS.
4.4 The STATE will advise the LOCAL AGENCY ef any-prepOSedreqUired Changes offeeting the Work ea soon as pciaStileond
provide it with an opportunity If time permits to review the change before jrnplemantatiort. The STATE will determine the
length of the review based upon the needle expedite the change to avoid delay the centreOter,
4.5 The..LOCAL AGENCY may request•additions te•the Work through the STATE in writing.. The STATEWIll Implement the
requested changes eselective changes provided that a change does not negatively impact the,STATE%tionepertatien
system and compiles with the Standard SpeeffiCatiena, Project permits,state and/or federal law applicable roles and/or
regulations,.andierSTATE desighpolicles,an-Odor'oot unreasonably delay critically seheduled Prejeet contract activities,
4.6 All.elective changes to the Work..Shill be approved in writing by the LOCAL.AGENCY bete the STATE..(Meets the.
contractor to Implement the,changes,'even if executed change Is netreetffreciey.the Project contract. The.LOCAL
AGENCY agrees to pay forthe Increases In cost,If any, such elective changes in accordance with-Section 6.
4.7 TheSTATE Wilimake available to.the LOCAL•AGENCY alt'change-order documentation:NI-00ft the Work.
4,6 in the eventitis determined that the LOCAL AGENCY.does not have sufficient funds tO•eorneleietile Weriti•::the.'"STAT.E and
the LOCAL AGENCY'shell negotiate to determine the future of the Work. If it that the Work prooeed,
the Work Obeli be brought to a level that for public use and the STATE willterMinete the remainder of the:WerW.frein
the ProjectcontractIn the event the WerkIs terrninated,.Soctien:6•Shaliapply for that portion of the Work eempleted up to
the time of termination.. The LOCAL AGENCY agrees.:to pay all costs associated with termination, inclUditigOcintractor
claims,In accordence with Section.6:.
6; ACCEPTANCE
S.1 Prior to Work acceptance,the STATE and LOCAL AGENCY will perforni:a poi final:inspection. The:LOCAL AGENCY
agrees upon satisfactory cOMPletien"ef-the work.and receipt of A Notice of PhYaleat Completion of the Work,.as determined
by the STATE to deliver a letter of apceptance to the STATE Whloh shallInclude a release Of the:STATE from all future
claims or'demands of any nature resulting from the performanoe'dt#Ie.Woric:and STATE administration thereof, outside
STATE.right away,subject to any centrecter:claints(Section a)eeused by the negligent gos.oroonleslonelottne:$TATE,In
administering the Work.
5.2 If aletter of acceptance is not received by the:STATE within ninety (9O)days folloWing...delivery of a NOffee.of.phy.aitai
Comptetim of the.Work to the LOCAL AGENCY,the Wbrk And STATE•gleelirtistreffert thereof shell be considered accepted
by the LOCAL AGENCY,and the STATE shall be released from all future claims and demands Of any nature resulting from
the performance of the Work and the ttAtee.adritinIstratIon thereof;Outside STATE right of way,subject to contractor
claims(Seotion.8)caused by•the negligent acts or omissions of the S:TATEin administering the Work.
53 The LOCAL AGENCY may withhold its aceentanceof the-Work by.submItting written notification to the STATE
within sixiy ElWorking X Calendar days following delivery of a Notice of Physical Completion of•
the Work This notificatiomsheill include the reasori(eyfor withholding acceptance.
6. PAYMENT
61 The LOCAL AGENCY,In cerialdereffon of the 4)61101 performance of the Work performed hy the.STATEandlia dOotrifoto,.
Agrees'to reimburse the STATE for the Actual.directand teletedinclireot costs:of the'VilOrk,,:atiostitnatedin'EXhibit
6.2 The STATE shall provide detailed invoices to the LOCAL AGENCY for the Worli:perfOrrheci by the STATE*Wits contractor
or for costsincurred as prOvidedin.Sections.1.2:2;1.5,2.4,4.8 or 8.1.4,and the:LOCAL AGENCY agrees to Make payment
within thirty(30)days from receipt of Imelda,. A payment will not constitute agreement as to the appropriateness of Any
item. At the:time'of the final Invoice,the PortiesMill reSolve.anydiscrepanclos;
6.3 The.LOCAL AGENCY agrees that if It does netmake-psyment within ninety(60 days afterreceipt.efan invelee,the STATE
may deduct and expend any monies to Which'the LOCAL AGENCY is entitled to recelyefrom the Motor Vehiele:FOI.
DOT Penn 2244)65
Revised 05i.24317 Page 4 of?
Page 55 of 59
6.4 Advance Payment: If an advance payment is *wired, the LOCAL AGENCY agrees to pay the:STATE the 'Advance
Payment Amount"0100 above,.within twenty(20)days after receipt of Project contract award notification. The advance
payment rePresents APProximateltfifteen percent(18%)of the dost.estimate and covers costs Incurred by the STATE•ibthe
initial stages of the Work The advance payment wit be partied,throughout the life of the LOCAL.AGENCYS.cost
obligations,-with final adjustment made in the final
S.5 'IngregastjaLgSt In.the event conditions Ter:pine an increase n the cost of the Work above,the obit estimate
Including sales tax,engineering,and contingencies)by more than ten:10 ) percent,the Parties agree
o mOdifythisAgreerrient by executing a written amendment to address the increase pursuant to Section 10.1,or implement
Section.48,
7. RIGHT OF ENTRY
7.1 The LOCAL AGENCY hereby grants.to the STATE and its authorked agents;contractors,subcontractors,and employees,a
right of entry upon all land in whiCh the LOCALAGENCY.has an interest for the purpose of constructing theProject
7.2. Where applicable,the,LOCAL AGENCY hereby•grants toithe.STATE and its authorized.agents,00ntractors„subcontractors;
and:employees, a•right of entry all land in which the LOCAL AGENCY has an interest for the STATE to construct,
operate, maintain and/or recOnshiet signal loop detectors and appurtenances for:algnala belonging*to the.STATE if any,
that are constructed within the.LOCAL AGENCYla right of way.The terms of thisSection 7,2shalisurvivethe:termination of
this Agreement.
8. 'CLAIMS
8.1 Claims for Additional Payment.
8.1.1 In the event the contractor makes claims for additional payment associated with the Work, the STATE Will..
Immediately notify the LOCAL AGENCY of such.cialms, Such claims shall be made in the manner and form as
provided for in'the Standard Specifications.
8.1.2: The LOCAL AGENCY•shallnotbeobligatecito pay suorrtlaims ortheircost of defense to the extent that the claifris
are caused.by the negligent acts or omissions albs STATE In adminiatering the Work.
8.1..8 The LOCAL AGENCY shall have the tight toreview andcomment on any settlement for claims essociatedwith the
Wet. However,the STATE:shell:have the ultimate right tosettte such Claims:11nthe event the LOCAL AGENCY
does net agree with the clalmsettle.mentas negotiated by the STATE,the LOCAL AGENCY shalireservethe
to not finendally participate in the negotiated claim settlement: If agreement cannot be reached between the
LOCAL AGENCY an the'STATE on a:claim settlement, the Parties agree to follow the. dispute resolution
procedure In Section 101..
8-1.4: lithe STATE agrees, the LOCAL AGENCY may defend contractor claims associated with the Work at Its•own cost,
and in doing so,thalLOOAL AGENCY agrees to pay any resulting settlement,court judgment or arbitration award.
The STATE:wiliCoOPeratewith the LOCAL AGENCY in the LOCAL AGENCY'S defense of the claims.-The-LOCAL
AGENCY agrees:to reimburse any STATE costs including attorneys fees,incurred In providing such assistance
accordancewith Section 6.
8,2 Claims for Darnaoew After'Work acceptance, In the:event of claim*for orsos of los attributable to.bodily:injury,
sibkness, death, or injury to or destruction.of property Ino occurs within the lirriltS,of the'Ott*located on.the LOCAL
AGENCY's right of way;the LOCAL:APEN6YshOl.riefenci,such claims and hold herMlese the STATE therefrom arid the
STATE shall not be obligated to pay any claim;Judgment or cost of defense. Nothing in this SectiOn,,hoWeVer,shall remove.
from the STATE any responsibility defined by thecurrent laws of thestate of Washington or from any liability fo(darnagea
caused by the STATE'S own negligent acts or omissions independent of the Work performed pursuant to this Agreement.
9. OWNERSHIP,OPERATION,AND MAINTENANCE
9.1 Upon acceptance Of the Work as provided in Section 5,•the LOCAL AGENCY shall be.the sole owner of that portion of the
Wort lonated within:the LOCAL AGENOraright of Way,and the LOCAL AGENCY shall be solely responsible for ownership
and future operation and maintenance-Of the Work at its sole cost,Without expense,cost,or liability to the STATE.
DOT Form 224065
Revised 0512017 Page 6 of 7
Page 56 of 59
9.2. STATE facilites constructedon LOCAL AGENCY right if any,as identifiedinSection.7.1 shall beownedbythe
STATE and the STATE shall be responsible for the operation and mainteriance of such facilities at ttieSTATEs sole cost,
until removed. The terms of this Section shallsurvivethe termination of this Agreement:
10. GENERAL PROVISIONS
10.1 Amendment This Agreement may be amended Or Modified only by the rowel.agreement of the Parties Such
amendments er modifications shall net bebinding'unlesstheyarsin writing and signed by persons authorized to bind ellen.
of:the Perties..
1-.(L2 Termination: Neither the STATE nor the LOCAL AGENCY May.terminateMis:Agreentent witheet the written opnourrence of
the Party,except as otherWise.provided tmderSections 1,2:2,1,5,2.4,.:0002.8.,
10:2,1 If this Agreement is tennihated'prierto the fulfillment of the terms herein,the LOCAL AGENCY agrees to
reimburse the STATE for the actual direct and related indirect expenses and costs it has incurreO fortheWorit up to
the date:of terminationras Well as.the costs of nen-cancelableObligations,:
the10:2.2.. -Any termination Of this Agreement shall not prejudice any rights or Ohligatieneetertied to h -PerdeSprier to
termination.
10,3 independent contractor: The STATE shall be deemed an independent contractor for all purposes and the employees of the
STATE or any of its contractors,subcontractors consultants,and the employees thereof;shall not in any manner be deemed
to be employees of theLOCAL AGENCY:
10.4 Indemnification:The Parties shall protect defend,indemnify,and hold harmless each other and their employees authorized
agents,:.endroroontractort while adtingwIthin,the scope of their employment es suet),from anyantralloosta clans;
judgments,and/or awards ofdamages::(bothto persons antler property);arising out of,or in any waylesulting.fromi each
Patty's:Obligations to be performed pursuant to the provisions of this Agreement. The Parties shall not berequited to
Indemnify defend or hold harmless the other Party if theclaim suit or action for Anjuries,.-death„,or damages(both to
persons.and/Or.property)-iscaused by the negligence.oftheotherPartsq,proVidedthat.if such claims,suits or actions:result
from the concurrent negligence of(a)the STATE,Its employees authorized agents or contractors and(b)the LOCAL
AGENCY,its employees or authorized agents,or involves those actions covered by RCW 424.115.the indemnity provisiens,
provided herein shell be valid and enforceable to the extentof the negligence of each Party,its employees,authorized
agentt!and/orcontractore
10.5 Acceptance.of Liability:The LOCAL AGENCY agrees and accepts full liability for(I)the PS&EproVided for the Work to
STATE If any;and(2)for any Work the LOCALAGENCYhas provided direction to the STATE to design and/or tonstruct
outside the STATE's right of way endlorSTATE0 jurisdiction that does notmeet:STATE standards.
10.6 .Survivsibility:'Sections 10.4,and--10,5.shall Survive the terminatiort.of this Agreement.
10.7 Pistrtites:: In the event-Met a:dieputearisesunderthis Agreement;00411 bereselved as follows,.The and the
LOCAL AGENCY shell each appoint erneMberte a:dispiites.board,thesetwa members shall select a third board member
netaffiliated with either:PartY.The three-Member board shell conduct dispute resolUtiOrthearingthat shall be informal and.
trriteeorded.,An attempt at such dispute resolution in,compliance with.:eforeeeicPptooess shall ee a prereqtrlafte'tOther filing of
any litigation concerning the dispute The Parties shall equally share in the cost Of-tile:third disputes board member;
however,each Party ohaltbereSponsiblefor ItaciyM:cOatearktfees..
10.8 .Venue: In,the event Mot:either Party dererrialt ttecestiary toinstittde legal aOtiotiOr proeiSedings to enferceany eight or
obiigetion under this Agreement the Parties agree that anyeephectien r proceedings*Nat*brought in,Thurston.County
Superior Court Further:,the Parties agree that each will beadiely•reSponsiblefor payment of Its own attorneys fees,witness
feet ariticoett.
10.9 Audits/Recordt. All Project records for the wok in support of all costs Incurred shell be Maintained by the STATE fer
period of three(3)years The LOCAL AGENCY shall have fUll access to and right to examine Said records during normal
business hoursandas often as it deems necettaary, Should the.LOCAL:AGENCY:taCtuire copies of any records,it agrees to.
pay the costs thereof: The Parties agree that the Work perferinedherein'istubjed teepditby.:either or both patttetzt..endlet:
their designated tePteSentatives,andieratatetif Weahingtedandlorthe.federal geVarranertt
DOT Form 224-066
Revised:054017 Page.6 07
Page 57 of 59
10.10 Term of Agreement; .Untess otherW se provided herein,the term of this Agreerrrent shell commence as of°the•date this
Agreement is fully executed and shall continue until the Work is accepted by the LOCAL AGENCY pursuant to Section5,or
as otherwise provided herein,and all obligations for payment have.beeen met.
10.11 Working pays: Working;days forthis Agreement are defined as Monday:through Friday,eXciuding Washington State
holidays per RCW 1.16:050.
IN WITNESS WHEREOF,the Parties'hereto have executed this Agreement es'of the:Party's date signed last below.
Ys ryry
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8y: By:
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Date: Date:
DOT Form 224;-065
Revised.0512.017 Page-?of:7
Page 58 of 59
Exhibit:A:City of Auburn Agreement
Construction and Preliminary Engineering Estimate
GCB 2892
EstiMate•City Contribution(Met V6gexd Peasley Canyon) Peasley Canyon
Wear Valktrwithin -
Trios Fas IGtssLimitedAccess .x4 ,. , ,, .i. •
Std.Ile Item Unit Prier .LIOM .Qty. Colt: Qty . Cost fig GostE1 -: .
1..'Preparation 0 7 '1 . $o:00
N 0100 Remove t Cetnent'Conc.Sldawa, 10 $.350.00 111111111111111111111111M v:d ;.10 MENZEMIE
ION 11111111111=1111111111111 ® ,;
III 14.-Hot NI x Asphalt '":::
1332 Pavement Repair ExcavationInclHaul 45.00 . __45 2025.00® 02600 ^' 90 xzs' -•4,050.00
MIMI 5100 Crushed:Suriocin.Base Course 35.00 20 $700.00 ^'] ' !,f,_10,...,.40 1'400.00
14..HotMix Asp aft
5703 Crack Sealing 300 L.F.190 $570.00 200 $6^'00 t>D 390 1,170.00
5711 Martha Bituminous Pavement 2.50 S.Y. 2580 $8;400.00 3810 $9,525 00 1 837Q m1 $15;926 00
5739 HMA for Pavement Re••air Cl.112 in PG 68H-22 $16000 Ton. 25 3 760.003:7$0 00 80 rr .$7 500.00
al6787 HMA 01..1/2 In,PG 64.22 85.00 270 .22,950.00 390
w'.
33,150 00 a i `v, 6.58,100.00
5830 Job Mix Com.iiencePrice Adjustment . . 100E. 1. $895.50 1 $99450 ,.1 1690.00 i
6835 Con1•aoton Price Ad velment IIIMIUKIIMIIIIIIIIIIIIIIIMI $467.00 66300 ai'r`.Oxus: 1 1•:131:00
5837 Asphalt Cost Price Adiuslment 31.00®M $238:60 331,50°$* 01 ,1KT $ 0.00
651.6' C clic Densis Pal a Ad ustment 1.00 1:00 1'' . s
4s . 2, i!r 200
Mill Planirig.Pavement for'Pattie!Depth Repair OOQ S:Y. MUM 50 $30900 ;"` >C 5' r" r .O 300.00
1x ? ren='
17•Eroeion Control and Roadside Rastorat•n ,.. .:: 1,.
6403 ESC Lead 9000 Day 9000 1 90 00 n" "18000
6471 Inlet Protection100.00 Each 400.00 2 '.200 00 .. 6 600.00
Erosion atetPbliu9onConrol
11111111111111111111111111111111111111111111111111111111111
260 00 250 a, . $500.00
101111 18-Traffic RMI
MN.6700 Com>ntConr,T.fflo Curb.,nd Gutter 55.00 DI12111111111101101mErEill Mil. 40 7 200.00
111.11:011Cement PedestrfanCurb, 53.00Eng moo $1 643.00 MINI 01 .. $1 643.00
alill 7449 0•eratlanOf Trana.onable Attenuator 80.00[M11111111111111.11130 $3,000.00 IMO $3240.00 104 "" $6,240.00
0807 Plastic Line 510 MS 400 .. 5000.00 1210 . $1,816.00 tote 2.415.00
6809 Profited Plastic Lino 1.60M111111111111900 $1360.00 370 36 .00 3270 • $4.9'5.00I6845ProfiledPlasticWideLaneLineMLi19INS40051400.00 IMO $2 485.00 9110 3 855.00
MN 5857 Plastic Croscwalk'Une 10.00 MIN 400 $4 000.00'I $0.00 400 64.000:00
MO 6859 Plastic Ste•Line 9.40 0011111111111111M1 940.00 90 r,:4.e a®1,780.W
x6833 PlastioTraftf*Arrow 192.00 1JJJJ t $1,1.52.0010 31 920.1, 2,072.00
IM Plastic:Traffic,letter 60.00 OM 0 $0.00_. 8 $48000 8a . $480.00
J.6881: Maeda Drains a arkir 36.00 BM= 2 $70.00 M4 570:00 t 4 140.0.
5084 ^ sod Pavement Marker Type 2. 410 00 Hund. 0,8 $328.00 1 $410... s,t
R, $
738.00
895 Temporary P rvemenlMarking+SticrtDuration 50.20 L.F.3400 3680.00 8580 $1,7i60Q Ee1t98'1ti 2;390.00
T6 tiporary,Crosswalk Line-Short Duration. 2.50 S.F.800 $2,000.00 0 $0.00 tai`:0,1;4i'.fir 000.00
JJJJ JJJR,Tem•era Ste.Line-ShorfOuration 4.00 L-F.200,__,••,3800.00 180. 720.40 ,t:'],,,- ,';t. '• 0.00
mum Tom ore Traffic Arrow-Short Duration 75.00=MN 12 .900,00 11110111110E 1 500.00i N'r"
Te 1.ovary Traffic Letter-Short Duration 330.00 MIMI MIMIC 0.00 M 480.00 INTAVEM , a""43480:00
mitragi Traffic Si•nal 5-tent 1 L.S. M0 WO 0.000.00. '18000 $18000 00Y] ,,/,',#,.-r,,••.3a"000.0$
6912-Traffic Signet-System 2 100 L,$. 0;00 '16000 $16x,00000•4:. '''0 16'00,"
6912 Traffic Signal System 3 1.00 L.S. 000 4500 14 500.00 ^-e n14.,.., ,g,,,,W40'$1:4100:0$
7omporeryVide°Detaotioo 1.'04,6, 4000 $6,00Q.00 9,000 $9,00000.P, 1'''Y"1,5:Q,00.00M.6958 $e uentiel Arrow Sign • 3.40 Hr. 50 $170.00 60 $204.00 t,,,'"'''''A 10 4374:00
JJmi[ar]Other Tem.ora Traffic Control 1.00L5. 1',." 100000 1960 $1,960.00 *196' s'xj 960,00
no 8980Fla 01111111JJIJJ 2750.0054,79000OFMKErntrff "'
6992 OtherTratcControlLabor • 58.00 100 $5800,00 7,77200 ;, "134 n8. u1 fl;.7700
8574 7railIcControl8 en 4sor 65.00 5' • 250.00 3.770.00 ...,.4.4108 , 7'20.00
8982 Construction 81005 Class A 28.00 S.P. 10 $280.00 10 5260,00 20'.r? is$020:00
6869 Pedoslrlart Tre1ui Control 1,00 L.S.709 $700.00 400 $400.00 .'t,.01100,K4,-„,,, ,441:100:00
NM.«Contractor Provided UniformedPolice001.or 31200.Hr, 50 $:00Q;00„_ __88 $8 960.00" iriritoa.:Wile.„.1$12'98'00
d kPW ` u
v..
19•:Other ItemsillT4-e B Pro as 5chvdute 1;00. a' .1.0000 100 $100 • r+ 'x-.00.3 r' $ 00400
am mos r'ACAFeaturesSurveying iu 500 500.00 0'$ ,,; i.'Eat„xa.' -".00
11111m Referencing Existing Prr- I M..1 .dllIll.MillimamrrmramIIIIIIIIIKal. _$200.001111111121311111111=1rtivaxgantammran
IIIIIIIIIIIM Cement Go , idewalk 140.00®® ,$560.00alp ill 0QF
Cement Cone.Curb Rarrl4rTypa Parallel B 4 000.00. 090:09 UD t„ ., k°91 34'1S0$
II7068 Cement Conc.Curb Ramp Typo Slnplo Dlrocgon A 82,00Q.00 Each 1 $2,000.00 0 X000 2;....;'is
97480 Roadside Cleanup 1.00 Est,400 $300.00. 300 831x100 r rc r, Ir $:11;00
732 A.•re•ateCont.liarioe Price d'usenenl 1.00. oto. 1 •:1.00 r u'P-:a+Fri^',$i70$j 00
7736 SPCC Plan31.00:ill 100 5100.W IIIr r $10000 'm 1 00 t ut
Q 00 00
Construction Subtotal 143,637.00 1'§8,21'1'5b 269,909.09
0001 Mobilization 10.0% 24,990.90
Subtotal 298,809.90
Miscellaneous 0.0%.0.00
Subtotal 298,899.90
Sales Tax Rate 10.0%
Sales Tax 29,689.99
Subtotal 326,589.09
Construction Engineering 50.0% 32,858.99
Cpmingencies 44% 13,063,60
Construction Total 5572,812,47
PE Total 596 10.015:62
Overhead 11.0% 541,10360
Total Project Costs 5432,031.40
n,LS,yr v4 sy t'u y a end rs..Uey Cenyar l 1hu,nre Svbnnaerto c5 Pagu:1 of 1
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