HomeMy WebLinkAbout08-19-2019 CITY COUNCIL AGENDA PACKETCity Council Meeting
August 19, 2019 - 7:00 P M
City Hall Council Chambers
A GE NDA
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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 I O NS
A .I nternational Overdose Awareness Day Proclamation
Mayor Backus to proclaim A ugust 31, 2019 as "I nternational Overdose Awareness
Day" in the city of A uburn.
B .Children's Therapy Center Day Proclamation
Mayor Backus to proclaim A ugust 29, 2019 as "Children's Therapy Center Day" in the
city of A uburn.
C.Chief of Police P resentation
I I I .AP P O I NT M E NT S
I V.AG E ND A M O D I F IC AT I O NS
V.C IT IZE N I NP 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 Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C.Correspondence - (T here is no correspondence for Council review.)
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair Wales)
Page 1 of 101
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the J uly 8, 2019 Study Session
B .Minutes of the August 5, 2019 City Council Meeting
C.Claim Vouchers (Thomas)
Claim vouchers list dated A ugust 19, 2019 which includes voucher numbers 455103
through 455288 in the amount of $4,205,532.94 and three wire transfers in the amount
of $513,975.20
D.P ayroll Vouchers (T homas)
P ayroll check numbers 538565 through 538588 in the amount of $250,588.31,
electronic deposit transmissions in the amount of $2,078,956.12 for a grand total of
$2,329,544.43 for the period covering A ugust 1, 2019 to August 14, 2019
E .C P1720 Game Farm P ark No. 4 Ballfield L ighting (Faber)
C P1720 Game Farm P ark improvement project allows for the purchase and installation
of softball field lights on Game Farm P ark B all field #4
F.S etting Public Hearing Date for Franchise A greement
#F R N190014 (Gaub)
City Council to set the date of the Public Hearing for Franchise A greement No.
F R N19-0014 for New Cingular W ireless P C S, L L C to be held on S eptember 3, 2019,
at 7:00 pm
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
V I I I .UNF INIS HE D B US I NE S S
I X.NE W B US I NE S S
X .O RD INANC E S
A .Ordinance No. 6721 (Gaub)
A n Ordinance of the City Council of the City of A uburn, Washington, granting Seattle
S MS A L imited P artnership, a Delaware L imited Partnership, D/B /A Verizon W ireless,
a franchise for wireless telecommunications facilities
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6721.)
B .Ordinance No. 6726 (Gaub)
A n Ordinance of the City Council of the City of A uburn, Washington, relating to the
L imited P ublic Works P rocess and amending Section 3.12.100 of the A uburn City
Code
(RE C O M M E ND E D AC T IO N: M ove to adopt Ordinance No. 6726.)
Page 2 of 101
X I .RE S O L UT IO NS
A .Resolution No. 5450 (Thomas)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
contribution and withdrawal of City monies in the S tate of Washington L ocal
Government I nvestment Pool
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5450.)
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 time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From 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 review
at the City Clerk's Office.
Page 3 of 101
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the July 8, 2019 Study Session
Date:
August 8, 2019
Department:
City Council
Attachments:
07-08-2019 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:August 19, 2019 Item Number:CA.A
Page 4 of 101
City Council Study Session P W C D S FA
J uly 8, 2019 - 5:30 P M
City Hall Council Chambers
MINUT E S
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I .C A L L TO O R D E R
Deputy Mayor Peloza called the meeting to order at 5:30 p.m. in the Council
Chambers of Auburn City Hall, 25 West Main Street in A uburn.
A .Roll Call
Councilmembers present: Deputy Mayor Bill P eloza, Bob B aggett, Claude
DaCorsi, L arry Brown, J ohn Holman, Yolanda Trout-Manuel and L argo
Wales. Councilmember L arry B rown was excused.
Mayor Nancy Backus and the following department directors and staff
members were present: Assistant City Attorney Kendra Comeau, Director
of P ublic Works I ngrid Gaub, Director of Community Development J eff
Tate, Development S ervices Manager J ason K rum, Senior P lanner
Thaniel Gouk, Planner Cecile Malik, Director Of P arks Arts and
Recreation Daryl F aber, Real P roperty Analyst J osh A rndt, Director of
Human Resources Candis Martinson, A ssistant Police Chief Mark
Caillier, and City Clerk Shawn Campbell.
I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .Racial E quity and I mplicit B ias I nitiative (Martinson) (30 Minutes)
Director Martinson presented Council with the updated Racial E quity and
S ocial J ustice program scope. She reviewed the updated proposed
training curriculum. She introduced the consultant team, Racing the E quity
Group, Crux Consulting Group, Dr. Nikum P on, Dr. Bryant Marks and Dr.
J ohn Powell.
Council discussed training for Councilmembers who will no longer be
serving as Councilmembers in 2020, the branding of the
presentation, ensuring all types of discrimination are addressed, the
budget impact, a full time employee dedicated to this program
and concerns about the cost raising over the not to exceed amount.
Page 1 of 4Page 5 of 101
Mayor Backus stated one of the goals of this program is to create an office
of Racial E quity. S he also explained the current Council would need to be
a part of the branding and helping set the platform for the program. She
also stated the funding amount is a not to exceed amount and if there was
a need for additional funds it would have to be approved by Council.
Director Martinson stated the focus for the program is to include all of the
areas of concerns. The goal at the end of the first three years is to hire a
full time employee. The Council training can be modified as Council
desires.
Deputy Mayor Peloza called for a 6 minute recess at 7:24 p.m. The
meeting reconvened at 7:30 p.m.
B .Resolution No. 5443 (Hinman) (10 Minutes)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute an amendment to the I nterlocal A greement between the City of
A uburn and the City of F ederal Way related to the P uget S ound A uto T heft Task Force
P roperty Analyst Arndt provided Council with a presentation for Resolution
No. 5443. He gave the history of the I nterlocal Agreement for the P uget
S ound A uto Task Force. He stated the funding for the Task Force was
reduced so they have requested a reduction to the rent and utilities paid for
the office building. Property A nalyst A rndt stated the public benefits from
having the Task F orce in this building by not having a large vacant building
and additional police presence in the area and in the park.
Council discussed the number of vehicles at the building, the rent and
utility cost recovery to the City and the reduction of auto theft in the City.
I V.P UB L I C W O R K S A ND C O MMUNI T Y D E V E L O P ME NT D I S C US S I O N I T E MS
A .K ing County Metro Presentation - I -L ine and Mobility P lan (Gaub) (15 Minutes)
Councilmember DaCorsi Chaired the Public Works and Community
Development Discussion I tems portion of the meeting.
I tem 4. D. was discussed first for the agenda.
P lanner Malik introduced Greg McKnight and Natalie Westberg from K ing
County Metro Transit.
Mr. McKnight and Ms. Westberg provided Council with a RapidRide
overview, what the RapidRide proposed "I " L ine route would be, the
timeline for the I L ine and area mobility plan.
Mr. McKnight explained that Phase One of the project is now completed. I t
included outreach and engagement from area stakeholders, tabling events
(vender tables at community events), an online survey and outreach at bus
stops. T he Metro Transit convened a Mobility B oard and recruited
Page 2 of 4Page 6 of 101
members for the Partner Review B oard. He reviewed the key themes
gathered from the preliminary analysis. Ms. Westberg reviewed the needs
identified in the analysis and the proposed solutions for those needs.
Mr. McKnight explained P hase 2 of the outreach and engagement will
include the Auburn Community P icnics, additional tabling events, specific
cultural events, Orca to Go E vents, A uburnF est at L es Gove Park and
another online event.
Council discussed how future growth could change where stops should
be, the timeline for a grant application, a proposal for electric buses, the
timeline for implementation and ability to push the timeline and the link
between affordable housing and public transportation.
B .Ordinance No. 6722 (Gaub) (10 Minutes)
A n Ordinance of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute a payback agreement for a developer’s utilities extension between
the City of A uburn and North A uburn L ogistics Holdings, L L C
Water Utility E ngineer Fenhaus provided Council with a summary of
Ordinance No. 6722. S he provided a brief explanation of the payback or
latecomers agreements. The proposed latecomers agreement would be
for seven properties that could benefit from the improvements.
C.Ordinance No. 6724 (Gaub) (10 Minutes)
A n Ordinance of the City Council of the City of A uburn, Washington, relating to
abandoned utility services, clarifying the process for reestablishing utility services,
amending S ection 13.06.140, creating a new Section 13.20.235, and creating a new
S ection 13.48.295 to the Auburn City Code
Utilities E ngineering Manager Tobin provided Council with a presentation
on Ordinance No. 6724, abandoned utility service. T he proposed
ordinance would clarify the City Code for water, sewer and storm services.
D.Ordinance No. 6725 (Gaub) (5 Minutes)
A n Ordinance of the City Council of the City of A uburn, Washington, relating to water
utility, defining equivalent residential unit, and amending S ection 13.06.010 of the
A uburn City Code
Utilities E ngineering Manager Tobin presented Council with Ordinance No.
6725. The proposed Ordinance would define what an equivalent
residential unit (E R U) is and the standards for a E R U.
E .S tate-Mandated S horeline Master Program and Critical A reas (Tate) (10 Minutes)
S taff to present an overview of the proposed changes necessitated from the State-
mandated update to the City's S horeline Master Program (S MP ) and associated
updates to the Crticial Areas Ordinance (Ch. 16.10 A C C)
S enior Planner Gouk provided Council with an update on the Washington
S tate mandated Shoreline Master P rogram for Critical areas. T he City is
required to update the Critical A reas Ordinance at the same time as the
Page 3 of 4Page 7 of 101
S horeline Master Program. T his has been reviewed by the Planning
Commission and will be back before the P lanning Commission for a public
hearing later this summer.
Council discussed the buffers from streams and wetlands, required
monitoring of wetlands and impact on the owners of aquifers.
F.Overview of B uilding Code Compliance (Tate) (15 Minutes)
S taff to present an overview of S tate and local building and fire codes
Development Service Manager K rum provided Council with an overview
of City of Auburn Building Code compliance, including legacy building
codes. T he I nternational Code Council was formed in 1994 and created
the I nternational Building Code. Washington State updates the State
B uilding Code every three years. T he City adopts the S tate Code and any
amendments every three years. He also reviewed the permit process, the
requirement of builders to meet the code and the process regarding
building code violations.
Deputy Mayor Peloza chaired the remainder of the meeting.
V.O T HE R D I S C US S I O N I T E MS
There were no other discussion items.
V I .NE W B US I NE S S
There was no new business.
V I I .MAT R I X
A .Matrix
Council discussed the Matrix and requested to add a discussion on
banning smoking and vaping in City parks and the S outh King County B us
B arn.
V I I I .A D J O UR NME NT
There being no further discussion, the meeting was adjourned at 8:23 p.m.
A P P R O V E D this 19th day of August, 2019.
_____________________________ ____________________________
B I L L P E L O Z A , D E P UT Y MAYO R Shawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 4 of 4Page 8 of 101
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the August 5, 2019 City Council Meeting
Date:
August 8, 2019
Department:
City Council
Attachments:
08-05-2019 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:August 19, 2019 Item Number:CA.B
Page 9 of 101
City Council Meeting
August 5, 2019 - 7:00 P M
City Hall Council Chambers
MINUT E S
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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 in A uburn
and led those in attendance in the P ledge of A llegiance.
B.Roll Call
C ouncilmembers present: Deputy Mayor Bill P eloza, Claude DaC orsi,
J ohn Holman, Yolanda Trout-Manuel and L argo Wales. Councilmembers
B ob B aggett and L arry B rown were excused.
D epartment directors and staff members present included: C ity A ttorney
S teve G ross, D irector of P ublic Works I ngrid Gaub, Finance Director
J amie T homas, P olice Chief B ill P ierson, Director of I nnovation and
Technology David Travis, Director of Parks and R ecreation Daryl F aber,
D irector of Community Development J eff Tate, Police C ommander Dan
O'Neil, and City Clerk S hawn C ampbell.
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
Mayor B ackus shared that former Mayor C huck B ooth passed away over
the weekend. S he expressed her condolences and noted some of Mayor
B ooths achievements during his time as Mayor.
I I I .AG E ND A M O D I F IC AT I O NS
I tem I I .A I ntroduction of F inance D irector J amie T homas was removed
from the agenda and Resolution No. 5449 was added as item X.D.
I 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
1.P ublic Hearing for F ranchise A greement No. F R N19-
0013 (Gaub)
City Council to hold a public hearing in consideration of F ranchise Agreement No.
F R N19-0013 for Seattle S MS A L imited Partnership, dba Verizon W ireless
Page 1 of 5Page 10 of 101
Mayor Backus opened the public hearing at 7:02 p.m. No one came
f orward to speak, the public hearing was closed.
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.
No one came f orward to speak.
C .C orrespondence
There was no correspondence f or Council to review.
V.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.
1.F inance A d Hoc Committee (Chair Wales)
C ouncilmember Wales, chair of the F inance ad hoc committee, reported
she and C ouncilmember DaC orsi have reviewed the claims and payroll
vouchers described on the C onsent Agenda this evening and
recommended their approval.
V 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 uly 22, S tudy S ession
B.Minutes of the J uly 15, 2019 Regular Council Meeting
C .C laims Vouchers (T homas)
C laim voucher list dated August 5, 2019 which includes voucher numbers 454803
through 455102, in the amount of $2,011,136.28 and six wire transfers in the amount of
$804,957.44.
D .P ayroll Vouchers (Thomas)
P ayroll check numbers 538547 through 538564 in the amount of $552,844.60,
electronic deposit transmissions in the amount of $2,088,958.77 f or a grand total of
$2,641,803.37 for the period covering J uly 11, 2019 to J uly 31, 2019.
D eputy Mayor P eloza moved and Councilmember Holman seconded to
approve the consent agenda.
Page 2 of 5Page 11 of 101
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
V I I .UNF I NI S HE D B US I NE S S
There was no unfinished business.
V I I I .NE W B US INE S S
Mayor B ackus provided Council with a letter to C ongressman Peter
D eF azio and C ongressman S am G raves, members of the Transportation
and I nf rastructure Committee, urging them to support the H.R . 2247 bill
promoting the "United Government E f f orts to S ave our S ound A ct". S he
asked the Council if they wanted to discuss the City signing onto this letter
to offer the City's support.
C ouncilmember Holman moved and D eputy Mayor P eloza seconded for
the City of Auburn to sign onto the letter to urge the passing of H.R . 2247.
C ouncil discussed the importance of this ef f ort and the importance of the
P uget Sound to the entire region.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
I X.O RD I NANC E S
A.Ordinance No. 6723 (Gross)
A n O rdinance of the City Council of the C ity of A uburn, Washington, amending
Ordinance No. 4683 to correct a legal description related to a conditional use permit
C ouncilmember Holman moved and C ouncilmember Trout-Manuel
seconded to adopt Ordinance No. 6723.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
X .RE S O L UT IO NS
A.R esolution No. 5431 (Gaub)
A R esolution of the City Council of the C ity of A uburn, Washington, authorizing the
Mayor to execute a Franchise A greement between the City of Auburn and C omcast
C able C ommunications, L L C and Comcast Cable Communications Management,
L L C , a Pennsylvania C orporation
C ouncilmember D aCorsi moved and C ouncilmember Wales seconded to
adopt Resolution No. 5431.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
B.R esolution No. 5445 (Pierson)
A R esolution of the City Council of the C ity Of Auburn, Washington, authorizing the
Mayor to execute an I nterlocal A greement among the Cities of Auburn, B onney L ake,
L akewood, Puyallup, and Tacoma, and the Pierce County S heriff, Pierce County
Page 3 of 5Page 12 of 101
P rosecuting Attorney, and the Washington S tate Department of Corrections, for the
continued operation of the Tahoma Narcotics E nf orcement Team
C ouncilmember Holman moved and C ouncilmember Trout-Manuel
seconded to adopt R esolution No. 5445.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
C .R esolution No. 5446 (Gaub)
A R esolution of the City Council of the C ity of A uburn, Washington, authorizing the
Mayor to accept and expend F ederal Grant F unds administered by the Washington
S tate Military Department for the R eservoir 1 Seismic Control Valve P roject
C ouncilmember D aCorsi moved and C ouncilmember Holman seconded to
adopt Resolution No. 5446.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
D .R esolution No. 5449 (Gaub)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
City to apply for, and if awarded, to accept and expend grant f unds in the amount
of up to $3,100,000.00 f rom the F ederal Aviation A dministration related to the
A uburn Municipal Airport Runway E nhancement P rogram and amending
Resolution 5439
C ouncilmember Wales moved and Councilmember Trout-Manuel
seconded to adopt R esolution No. 5449.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
X 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 Wales spoke about f ormer Mayor Chuck B ooth and the
period of time when he worked for the Auburn School District. S he
highlighted some of his contributions f or the A uburn S chool District and the
community of A uburn.
C ouncilmember D aCorsi reported he attended the A ffordable Housing
C ommittee Meeting.
B.Fr om the M ayor
Mayor B ackus reported she attended two R egional Homelessness
C ollation meetings, a Sound C ities Oversight B oard for Regional
Homelessness meeting, a monthly F aith L eaders R ound Table relating to
homelessness, the S C O R E E xecutive B oard meeting, the S K HHP Board
meeting, the W hite R iver Buddhist Temple Bon Odori Festival, the V F W
Page 4 of 5Page 13 of 101
P ost 1741 90th A nniversary B anquet and two community picnics.
Mayor invited everyone to the A uburn F est activities.
X I I .AD J O URNM E NT
There being no further business to come bef ore the Council, the meeting
was adjourned at 7:41 p.m.
A P P R O V E D this 19th day of A ugust, 2019.
________________________ ____________________________
NA NC Y B A C K US , MAYO R S hawn C ampbell, City Clerk
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 14 of 101
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claim Vouchers (Thomas)
Date:
August 14, 2019
Department:
City Council
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers
Background Summary:
Claim vouchers list dated August 19, 2019 which includes voucher numbers 455103 through
455288 in the amount of $4,205,532.94 and three wire transfers in the amount of
$513,975.20.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:August 19, 2019 Item Number:CA.C
Page 15 of 101
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Thomas)
Date:
August 14, 2019
Department:
City Council
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Payroll Vouchers
Background Summary:
P ayroll check numbers 538565 through 538588 in the amount of $250,588.31, electronic
deposit transmissions in the amount of $2,078,956.12 f or a grand total of $2,329,544.43 for
the period covering 8/1/2019 to 8/14/2019.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:August 19, 2019 Item Number:CA.D
Page 16 of 101
AGENDA BILL APPROVAL FORM
Agenda Subject:
CP1720 Game Farm Park No. 4 Ballfield Lighting (Faber)
Date:
August 14, 2019
Department:
Parks/Art and Recreation
Attachments:
COA Musco Game Farm 4 Lighting Contract
8.14.19
Game Farm Park SB 2019 KCDA Quote Revised
Copy of CP1720 BudgetStatusSheet
Vicinity Map Game Farm 4 Lighting Project
Budget Impact:
Current Budget: $1,050,000
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Authorize the Mayor to enter into a contract with Musco Lighting for the purchase and
installation of the lighting system. Project is bid through King County Directors Association of
which the City of Auburn is a member.
Background Summary:
CP1720 Game Farm Park Improvements - The City of Auburn received a grant of $150,000
through the King County Youth Sports Grant program. Remaining funding is through Park
Impact Fees as this project increases the capacity of the field.
Rev iewed by Council Committees:
Other: consent agenda
Councilmember:Staff:Faber
Meeting Date:August 19, 2019 Item Number:CA.E
Page 17 of 101
ENG-059, Revised 1/19
NON-FORMALLY BID PUBLIC WORK PROJECT #CP1720 Game Farm 4 Lighting Project
August 14, 2019
Page 1 of 15
NON-FORMALLY BID PUBLIC WORKS
Project No. CP1720, Game Farm 4 Lighting Project
THIS CONTRACT is entered into between the City of Auburn, a Washington Municipal
Corporation ("City"), and Musco Lighting ("Contractor"), whose mailing address is
PO Box 260, Muscatine, IA 52761.
RECITALS:
1. The City is in need of construction contracting services to complete the public work as described
in this Contract.
2. Contractor is qualified to perform the construction contracting services described in the Scope of
Work.
3. The City wishes to engage Contractor for the performances of these construction contracting
services.
4. This contract was not formally bid because (check one)
LIMITED PUBLIC WORKS CONTRACT: Engineer’s Estimate < $35,000.00
and this contract was awarded using the Limited Public Works process as
described in RCW 39.04.155.
SMALL PUBLIC WORKS CONTRACT (SINGLE TRADE WORK):
Engineer’s Estimate ≤ $40,000.00
SMALL PUBLIC WORKS CONTRACT (MULTIPLE TRADE WORK):
Engineer’s Estimate ≤ $65,000.00 EMERGENCY PUBLIC WORKS CONTRACT: Per RCW 39.04.280, this work
is exempt from competitive bidding requirements because the work is
considered an emergency, meaning unforeseen circumstances beyond the
control of the City either: (a) Present a real, immediate threat to the proper
performance of essential functions; or (b) will likely result in material loss or
damage to property, bodily injury, or loss of life if immediate action is not
taken.
COOPERATIVE PURCHASING AGREEMENT: This contract is being let
under #19-406 between The City of Auburn and Musco Lighting in
accordance with RCW 39.34 (Interlocal Cooperation Act). Other ___________________.
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AGREEMENT
1) CONTRACTOR SERVICES
The Contractor shall do all work and furnish all tools, materials and equipment for the construction
of Project No. CP1720 in accordance with this Contract form. Scope of work is as follows:
The Musco Light Structure System shall be “installed” by a licensed Electrical
Contractor, registered in the State of Washington. The installation includes, delivering and
unloading of the Musco equipment upon arrival to the job site, excavation of 6 augered holes,
installation of the pre-cast concrete foundations and concrete backfill. Assembly and
installation of 6 new galvanized steel poles, assembly and mounting of 36 luminaire
assemblies, electrical enclosures, and wiring harnesses on each of the 6 poles. Wiring for the
Lighting System is from the luminaire assemblies down to the remote electrical enclosures at
the base of each pole where they will be terminated on the Musco suppled disconnect
breaker.
Supply and install a new Musco control and monitoring cabinet compete with control zones
to control all softball, tennis courts, and security lighting. Re-wire the existing controls
currently servicing the softball fields, tennis courts and security lighting. Install all new
conduit from the existing electrical distribution location to each of the 6 pole locations and an
in-ground box near the base of each pole. Install new wiring from the new service cabinet to
each in-ground box to the remote electrical enclosure on each Musco pole. Where they will
land on the Musco supplied disconnect.
All necessary precautions will be taken to ensure the site is left in satisfactory condition
The Washington state Department of Labor and Industries electrical permit is included. Any
additional required permits will be by others.
2) CITY OF AUBURN BUSINESS LICENSE
The Contractor, subcontractors, and lower tier subcontractors, shall have an active City of Auburn
business license.
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3) NOTICE TO PROCEED
A Notice to Proceed will be issued once the Contract has been fully executed by the Contractor and
City, and all insurance and licensing requirements as set forth in the contract have been met. The
Notice to Proceed Date shall be either the date the Contractor commenced contract work or the date
the contract has been fully executed by the Contractor and City and all insurance and licensing
requirements as set forth in the contract have been met, whichever occurs first.
4) TIME OF COMPLETION
The Contractor shall complete the work within 45 working days from the Notice to Proceed Date.
5) LIQUIDATED DAMAGES (CHECK ONE)
Liquidated damages shall not apply to this contract.
Liquidated damages shall apply to this contract as follows:
If said work is not completed within the time specified, the Contractor agrees to pay
liquidated damages to the City as follows:
A. To pay (according to the following formula) liquidated damages for each
working day beyond the number of working days established for physical
completion, and
B. To authorize the Engineer to deduct these liquidated damages from any money
due or coming due to the Contractor.
C. Liquidated damages will not be assessed for any days for which an extension of
time is granted. No deduction or payment of liquidated damages will, in any degree,
release the Contractor from further obligations and liabilities to complete the entire
Contract.
Formula: Contract Price (without tax) x 0.15, divided by the original number of
working days for completion.
6) HOURS OF WORK
Allowed hours of work are as a specified in the City of Auburn Construction Standards, Part 1,
Section 1-08.0(2) (Hours of Work), which by reference is incorporated is a part of this contract.
7) COMPENSATION
The Contractor shall do all work and furnish all tools, materials, and equipment for the work and
services contemplated in this Contract for compensation as follows: (Check One)
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Lump Sum Amount
Unit Bid Prices as listed in the Construction Work Quote Form
Not to Exceed Amount, paid per the Force Account method as described in Section 1-
09.6 of the current WSDOT Standard Specifications for Road, Bridge and Municipal
Construction
The Lump Sum Amount, Total Unit Bid Price, or Not To Exceed Amount, as specified above is
$ 387,213.00, and Washington State Sales Tax of $38,721.30 for a total of $425,934.30.
This project is subject to use tax, which shall be included lump sum, unit bid, or time and material
compensation amount listed herein.
The City’s sales tax area is 1702 for work within King County and 2724 for work within Pierce
County. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for
the Contractor and each and every Subcontractor, has been approved by the State Department of
Labor & Industries, and is received by the City.
A. Performance Bond
The Contractor shall furnish the City with an executed performance bond for the full Contract
amount, unless the contact amount is $150,000.00 or less and the Contractor has elected to
have 10% retainage held by the City, in which case a performance bond is not required for
this project.
B. Retainage (check one)
This is a Limited Public Works Contract AND the City has waived retainage
requirements.
This contract is $150,000.00 or less, therefore, the following applies:
The Contractor may elect to furnish a performance bond, in which case the City shall
hold back retainage in the amount of 5% of any and all payments made to the
Contractor, OR have the City retain, in lieu of the performance bond, 10% of the total
Contract amount, pursuant to RCW 39.08.010. The Contractor shall execute a
“Declaration of Option for Performance Bond or Additional Retainage” to indicate
his/her option. In either case, the Contractor can choose to have the retainage held by
the City in a non-interest bearing account, have it placed in an Escrow (interest
bearing) Account, or submit a bond in lieu of retainage. Said retainage shall be held
by the City for a period of 30 days after the Completion Date, or until receipt of all
necessary releases from the State Department of Revenue and State Employment
Security Department, including Affidavits of Wages paid for the Contractor and each
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and every subcontractor, and until settlement of any liens filed under Chapter 60.28
RCW, whichever is later.
This contract is over, $150,000.00, therefore, the following applies:
The City shall hold back retainage in the amount of 5% of any and all payments
made to the Contractor pursuant to RCW 39.08.010. The Contractor can choose to
have the retainage held by the City in a non-interest bearing account, have it placed
in an Escrow (interest bearing) Account, or submit a bond in lieu of retainage. Said
retainage shall be held by the City for a period of 30 days after the Completion Date,
or until receipt of all necessary releases from the State Department of Revenue and
State Employment Security Department, including Affidavits of Wages paid for the
Contractor and each and every subcontractor, and until settlement of any liens filed
under Chapter 60.28 RCW, whichever is later.
C. Defective or Unauthorized Work
The City reserves its right to withhold payment from the Contractor for any defective or
unauthorized work. Defective or unauthorized work includes, without limitation: work and
materials that do not conform to the requirements of this Contract; and extra work and
materials furnished without the City's written approval. If the Contractor is unable, for any
reason, to satisfactorily complete any portion of the work, the City may complete the work by
contract or otherwise, and the Contractor shall be liable to the City for any additional costs
incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs
and attorney fees, incurred by the City beyond the maximum Contract price specified above.
The City further reserves its right to deduct the cost to complete the Contract work, including
any additional costs, from any and all amounts due or to become due the Contractor.
D. Final Payment: Waiver of Claims
The signing of the Final Payment Form by the Contractor shall constitute a waiver of claims,
except those previously and properly made and identified by the Contractor as unsettled at the
time Final Payment Form is signed by the Contractor.
8) INDEPENDENT CONTRACTOR
The parties intend that an Independent Contractor - Employer Relationship will be created by this
Contract, the City being interested only in the results obtained under this Contract.
9) SUBCONTRACTING
Work done by the Contractor’s own organization shall account for at least 30 percent of the
awarded Contract price. Before computing this percentage however, the Contractor may subtract
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(from the awarded Contract price) the costs of any subcontracted work on items the Contract
designates as specialty items.
The Contractor shall not subcontract work unless the City approves in writing. Each request to
subcontract shall be on the form the City provides. If the City requests, the Contractor shall provide
proof that the subcontractor has the experience, ability, and equipment the work requires.
The Contractor shall require each subcontractor to comply with RCW 39.12 (Prevailing Wages on
Public Works) and to furnish all certificates and statements required by the Contract. No payment
shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and
each and every subcontractor, has been approved by the State Department of Labor & Industries,
and is received by the City.
Along with the request to sublet, the Contractor shall submit the names of any contracting firms the
subcontractor proposes to use as lower tier subcontractors. Collectively, these lower tier
subcontractors shall not do work that exceeds 25 percent of the total amount subcontracted to a
subcontractor. When a subcontractor is responsible for construction of a specific structure or
structures, the following work may be performed by lower tier subcontractors without being subject
to the 25 percent limitation:
A. Furnishing and driving of piling, or
B. Furnishing and installing concrete reinforcing and post-tensioning steel.
Except for the 25 percent limit, lower tier subcontractors shall meet the same
requirements as subcontractors.
The City will approve the request only if satisfied with the proposed subcontractor’s record,
equipment, experience and ability. Approval to subcontract shall not:
1. Relieve the Contractor of any responsibility to carry out the Contract.
2. Relieve the Contractor of any obligations or liability under the Contract and the
Contractor’s bond.
3. Create any contract between the City and the subcontractor, or
4. Convey to the subcontractor any rights against the City.
The City will not consider as subcontracting: (1) purchase of sand, gravel, crushed stone, crushed
slag, batched concrete aggregates, ready mix concrete, off-site fabricated structural steel, other off-
site fabricated items, and any other materials supplied by established and recognized commercial
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plants; or (2) delivery of these materials to the work site in vehicles owned or operated by such
plants or by recognized independent or commercial hauling companies. However, the Washington
State Department of Labor and Industries may determine that RCW 39.12 applies to the employees
of such firms identified in A and B above in accordance with WAC 296-127.
If dissatisfied with any part of the subcontracted work, the City may request in writing that the
subcontractor be removed. The Contractor shall comply with this request at once and shall not
employ the subcontractor for any further work under the Contract.
This section does not create a contractual relationship between the City and any subcontractor.
Also, it is not intended to bestow upon any subcontractor, the status of a third-party beneficiary to
the Contract between the City and the Contractor.
10) TERMINATION
The City may terminate this Contract for good cause. "Good cause" shall include, without
limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly-skilled
workers or proper materials for completion of the Contract work.
B. The Contractor's failure to complete the work within the time specified in this Contract.
C. The Contractor's failure to make full and prompt payment to subcontractors or for
material or labor.
D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
After all the work contemplated by the Contract has been completed either by the Surety or the
City, the City will calculate the total expenses and damages for the completed work. If the total
expenses and damages are less than any unpaid balance due the Contractor, the excess will be paid
by the City to the Contractor. If the total expenses and damages exceed the unpaid balance, the
Contractor and the Surety shall be jointly and severally liable to, and shall pay the difference to, the
City on demand.
11) PREVAILING WAGES
Contractor shall file a "Statement of Intent to Pay Prevailing Wages" with the State of Washington
Department of Labor & Industries prior to commencing the Contract work. The Contractor shall
pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well
as any other applicable prevailing wage rate provisions. The prevailing wage rate revision in effect
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on the date the Contractor submitted the Construction Work Quote Form is attached and by this
reference incorporated herein and made a part hereof. No payment shall be issued until a Statement
of Intent to Pay Prevailing Wages form, for the Contractor and each and every subcontractor, has
been approved by the State Department of Labor & Industries, and is received by the City.
Retainage, if applicable, shall not be released until an Affidavit of Wages Paid form for the
Contractor and each and every subcontractor, has been approved by the State Department of Labor
& Industries, and is received by the City.
12) CHANGES
The City may issue a written change order for any change in the Contract work during the
performance of this Contract. If the Contractor determines, for any reason, that a change order is
necessary, the Contractor must submit a written change order request to an authorized agent of the
City within 10 calendar days of the date the facts and events giving rise to the requested change
occurred. If the City determines that the change increases or decreases the Contractor's costs or
time for performance, the City will make an equitable adjustment. The City will attempt, in good
faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties
are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The
Contractor shall proceed with the change order work upon receiving either a written change order
from the City or an oral order from the City. If the Contractor fails to request a change order within
the time allowed, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the Contract work. If the Contractor disagrees with the equitable
adjustment, the Contractor must complete the change order work; however, the Contractor may
elect to protest the adjustment as provided below:
A. Procedure and Protest by the Contractor
If the Contractor disagrees with anything required by a change order, another written
order, or an oral order from the City, including any direction, instruction, interpretation,
or determination by the City, the Contractor shall:
1. Within 2 days of receiving a written change order or oral order that the Contractor
desires to protest, the Contactor shall give a signed written notice of protest to the City;
and
2. Supplement the written protest within 14 calendar days with a written statement that
provides the following information:
a. The date of the Contractor's protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this Contract that support the protest.
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d. The estimated dollar cost, if any, of the protested work and how that estimate was
determined.
e. An analysis of the progress schedule showing the schedule change or disruption
if the Contractor is asserting a schedule change or disruption.
The Contractor shall keep complete records of extra costs and time incurred as a
result of the protested work. The City shall have access to any of the Contractor's
records needed for evaluating the protest.
3. The City will evaluate all protests, provided the procedures in this section are
followed. If the City determines that a protest is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
B. Contractor's Duty to Complete Protested Work
In spite of any protest, the Contractor shall proceed promptly with the work as the City
has ordered.
C. Contractor's Acceptance of Changes
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2)
writing a separate acceptance, or (3) not protesting in the way this section provides. A
change order that is accepted by the Contractor as provided in this section shall constitute
full payment and final settlement of all claims for Contract time and for direct, indirect
and consequential costs, including costs of delays related to any work, either covered or
affected by the change.
D. Failure to Protest Constitutes Waiver
By not protesting as this section provides, the Contractor also waives any additional
entitlement and accepts from the City any written or oral order (including directions,
instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver
By failing to follow the procedures of this section, the Contractor completely waives any
claims for protested work and accepts from the City any written or oral order (including
directions, instructions, interpretations, and determination).
13) CLAIMS
The Contractor waives right to a claim if they have not followed the protest procedures outlined in
this Contract. If resolution of a protest cannot be reached, and the Contractor wishes to pursue a
claim, the Contractor shall give written notice of claim to the City within 15 calendar days of the
City’s notice of its final decision on the Contractor’s protest. Any claim for damages, additional
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payment for any reason, or extension of time, whether under this Contract or otherwise, shall be
conclusively deemed to have been waived by the Contractor unless a timely written claim is made
in strict accordance with the applicable provisions of this Contract. At a minimum, a Contractor's
written claim must include the information set forth regarding protests in this Contract.
Failure to provide a complete, written notification of claim within the time allowed shall be an
absolute waiver of any claims arising in any way from the facts or events surrounding that claim or
caused by that delay.
The Contractor must, in any event, file any claim or bring any suit arising from or connected with
this Contract prior to signing the Final Payment Form.
14) WARRANTY (CHECK ONE)
No warranty applies to the Contract Work.
Warranty applies to the Contract Work as follows:
All defects in workmanship and materials that occur within one year of the Contract
Completion date shall be corrected by the Contractor. When defects are corrected, the
warranty for that portion of the work shall extend for one year from the date such correction
is completed and accepted by the City. The Contractor shall begin to correct any defects
within 7 calendar days of its receipt of notice from the City of the defect. If the Contractor
does not accomplish the corrections within a reasonable time, the City may complete the
corrections and the Contractor shall pay all costs incurred by the City in order to accomplish
the correction.
15) INDEMNIFICATION
Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and
volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal
costs and attorney fees, arising out of or in connection with the performance of this Contract, except
for injuries and damages caused by the sole negligence of the City.
The City's inspection or acceptance of any of the Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to
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property caused by or resulting from the concurrent negligence of the Contractor and the City, its
officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be
only to the extent of the Contractor's negligence.
It is further specifically and expressly understood that this indemnification constitutes the
Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes
of this indemnification. The parties acknowledge that they have mutually negotiated this waiver.
The provisions of this section shall survive the expiration or termination of this Contract.
16) INSURANCE
Insurance requirements shall be as specified in the City of Auburn Construction Standards, Part 1,
Section 1-07.18 (Insurance) which by reference is incorporated is a part of this contract.
17) CORRESPONDENCE (CHECK ONE)
Submittals and formal Requests for Information (RFI) shall not be required for this contract.
Submittals and Requests for Information (RFI) shall be as follows:
A. Requests for Information (RFI’s). RFI’s shall be made electronically and shall be
transmitted via e-mail to jwkelly@auburnwa.gov. The e-mail subject line of electronic
RFI’s shall include the following: Project Name/Number as applicable – RFI Title/Subject.
Each e-mail shall be limited to 7 MB’s in size. All RFI’s shall accompany the City of
Auburn “CIP Construction Request for Information” (RFI) form as a cover letter with
enough information provided for the Engineer to respond accordingly. The time required
to evaluate and review RFI’s is not the same for all RFI’s. The Contractor shall allow a
minimum of 10 calendar days, unless otherwise noted, for the Engineer to respond.
B. Submittals. All submittals shall be made electronically and shall be transmitted via e-mail
to jwkelly@auburnwa.gov. The e-mail subject line of electronic submittals shall include
the following: <<<Project Number>>>, <<<Project Name>>> - “Submittal Title”. Each
electronic email shall be limited to 7 MB’s in size. All electronic submittals shall be clear,
sharp high contrast electronic files in Word 2007, Excel 2007 or PDF formats. All
submittals shall accompany the City of Auburn “Request for Submittal Approval” (RSA)
form. Any submittals made without the RSA form or without all of the required
information on the form filled out by the Contractor shall be rejected without review. No
additional compensation or time extension shall be granted for a Contractor not supplying
this form as a cover letter for their submittals or for an improperly filled out form. The
RSA form shall be completed by the Contractor as follows:
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• For any item being submitted to the City for review and approval for the first time,
check the “New Submittal” box. The City will assign the item a submittal number.
For items that have been previously submitted and require a re-submittal, check
the “Re-submittal of No. ___” box and fill in the submittal number that was
assigned by the City to the original submittal. For submittals that are providing
Material Acceptance Documentation for a submittal that has been previously
made, the Contractor shall check the “Material Acceptance Documentation for
Submittal No.___” box and fill in the submittal number that was assigned by the
City for which the Contractor is supplying the acceptance documentation for.
• Fill in the Contract Number (I.E. ## - ##) and Contract/Project Name;
• Fill in the Project Identifying Number (I.E. CP####);
• Fill in the Date the Submittal was transmitted to the City;
• Provide the Contractor’s name and, if applicable, the name of Subcontractor or
supplier who prepared the submittal;
• The Contractor is strongly encouraged to submit only one material or item per RSA
form, however if more than one material or item is listed on the form then provide
a General Submittal Title that is applicable to the group. Do not group non-like
materials or items on the same form;
• When applicable, provide the Bid Item number the submittal is referencing;
• Provide a submittal description (be specific). For material submittals, provide the
Type of Material, the Manufacturer’s Product/Type, or the trade name of the
product;
• When applicable, provide the Name and the Location of the Fabricator or the
Manufacturer’s name or the Pit Number. This should be the actual manufacturer,
not the supplier or distributor,
• Provide the Contract Specification section number(s) or the page number the
submittal material is referencing, or you can list the Plan Sheet number; and
• For material submittals, indicate whether the submittal is requesting use of the
WSDOT Qualified Product List (QPL) or if the submittal is a Request for Approval
of Material (RAM) that is not in the QPL, by checking the appropriate box. For
non-material submittals and for material acceptance documentation these boxes
shall be left blank. If the Contractor elects to use a product listed in the QPL, the
submittal documentation shall be prepared in accordance with the instructions in
the WSDOT QPL program and shall be the most current list available at the time
the product is proposed to be used.
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18) MISCELLANEOUS
A. Nondiscrimination. In the hiring of employees for the performance of work under this
Contract, the Contractor, its subcontractors, or any person acting on behalf of Contractor
shall not, by reason of race, religion, color, sex, sexual orientation, national origin, or the
presence of any sensory, mental, or physical disability, discriminate against any person
who is qualified and available to perform the work to which the employment relates.
B. Compliance with Laws. The Contractor shall comply with all federal, state and local
laws, rules and regulations throughout every aspect in the performance of this Contract.
C. Qualifications of Bidder. Before award of a public works contract, a bidder must meet at
least the minimum qualifications of RCW 39.04.350(1) to be considered a responsible
bidder and qualified to be awarded a public works project.
D. Work Performed at Contractor's Risk. The Contractor shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of this Contract. All work shall be done at the
Contractor's own risk, and the Contractor shall be responsible for any loss of or damage
to materials, tools, or other articles used or held for use in connection with the work.
E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of
the terms and rights contained herein, or to exercise any option herein conferred in one or
more instances, shall not be construed to be a waiver or relinquishment of those terms
and rights and they shall remain in full force and effect.
F. Governing Law. This Contract shall be governed and construed in accordance with the
laws of the State of Washington. If any dispute arises between the City and the
Contractor under any of the provisions of this Contract, resolution of that dispute shall be
available only through the jurisdiction, venue and rules of the King County Superior
Court, King County, Washington.
G. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or
lawsuit for damages arising from the parties' performance of this Contract, each party
shall be responsible for payment of its own legal costs and attorney's fees incurred in
defending or bringing such claim or lawsuit; however, nothing in this subsection shall
limit the City's right to indemnification under Section 10 of this Contract.
H. Written Notice. All communications regarding this Contract shall be sent to the parties at
the addresses listed on the signature page of this Contract, unless otherwise notified. Any
written notice shall become effective upon delivery, but in any event 3 calendar days
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after the date of mailing by registered or certified mail, and shall be deemed sufficiently
given if sent to the addressee at the address stated in this Contract.
I. Assignment. Any assignment of this Contract by the Contractor without the written
consent of the City shall be void.
J. Modification. No waiver, alteration, or modification of any of the provisions of this
Contract shall be binding unless in writing and signed by a duly authorized representative
of the City and the Contractor.
K. Severability. If any one or more sections, sub-sections, or sentences of this Contract are
held to be unconstitutional or invalid, that decision shall not affect the validity of the
remaining portion of this Contract and the remainder shall remain in full force and effect.
L. Entire Contract. The written provisions and terms of this Contract, together with any
referenced documents and attached Exhibits , supersede all prior verbal statements by any
representative of the City, and those statements shall not be construed as forming a part
of or altering in any manner this Contract. This Contract, referenced documents, and any
attached Exhibits contain the entire Contract between the parties. Should any language in
any referenced documents or Exhibits to this Contract conflict with any language
contained in this Contract, the terms of this Contract shall prevail.
IN WITNESS WHEREOF, the parties below have executed this Contract.
CONTRACTOR THE CITY OF AUBURN
(Signature) (Signature)
By By Nancy Backus
(Print name here)
Its Its Mayor
(Authorized representative)
DATE: DATE:
Contractor’s State License No.
State Tax Registration (UBI) No.
Federal Tax ID #
Notices to be sent to: Notices to be sent to:
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Musco Lighting CITY OF AUBURN
Attn: Ryan Tighe Attn: Jamie Kelly
PO Box 260 25 West Main Street
Muscatine, IA 52761 Auburn, WA 98001
Phone: 800-825-6020 Phone: 253.931.4011
E-mail: ryan.tighe@musco.com E-mail: jwkelly@auburnwa.gov
APPROVED AS TO FORM:
Steve Gross, City Attorney
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Game Farm Park Softball
Date: June 27th, 2019
King County Directors Association
Master Project: 1195250
Contract Number: 19-406
Quote #189111
Expiration: 02/28/20 21
Musco Equipment and Installation
TLC for LED Light-Structure System delivered to your site in Five Easy Pieces™
• 6 - pre-cast concrete foundations
• 6 – 60’ & 70’ Galvanized steel poles
• UL Listed remote electrical component enclosure
• Pole length wire harness
• 20 - Factory-aimed and assembled TLC/LED 1500 - field lighting luminaries
• 6 - Factory-aimed and assembled TLC/LED 900 - field lighting luminaries
• 6 - Factory-aimed and assembled TLC/LED 575 BT - luminaires
• Lighting control cabinets and Control Link (wireless co ntrol system)
Also Includes:
• 50% less spill and glare light than Musco’s prior industry leading technology
• Musco Constant 25 warranty and maintenance program that eliminates your maintenance costs for 25 years,
including labor and materials
• Guaranteed constant footcandles for 25 years, per IESNA RP-06-15
• Lighting Contactors sized for voltage and phase at the site and our Control & Monitoring System for flexible
control and solid management of your lighting system
Installation Breakdown
• Deliver and unload Musco equipment
• Auger and set Musco pre-cast concrete foundation(s)
• Assemble and stand Musco equipment
• Trenching/boring and backfill
• Conduit, wire and in-ground boxes
• Supply and install new breakers, contactors and co ntrol equipment.
• Wire energize and commission
• Site cleanup
• Testing and train staff
• Prepare all appropriate operation/maintenance/repair manuals
Scope of work:
The Musco Light Structure System shall be “installed” by a licensed Electrical Contractor, registered in the State of
Washington. The installation includes, delivering and unloading of the Musco equipment upon arrival to the job site,
excavation of 6 augured holes, installation of the pre-cast concrete foundations and concrete backfill. Assembly and
installation of 6 new galvanized steel poles, assembly and mounting of 36 light luminaire assemblies, electrical
enclosures and wiring harnesses on each of the 6 poles. Wiring for the Lighting System is from the luminaire
Page 33 of 101
assemblies down to the remote electrical enclosures at the base of each pole where they will be terminated on the
Musco supplied disconnect breaker.
Supply and install a new Musco control and monitoring cabinet cabinet complete w ith control zones to control all
softball, tennis courts and security lighting. Re-wire the existing controls currently servicing the softball fields, tennis
courts and security lighting. Install all new conduit from the existing electrical distribution location to each of the 6 pole
locations and an in-ground box near the base of each pole. Install new wiring from the new service cabinet to each in-
ground box and from each in-ground box to the remote electrical enclosure on each Musco pole, where they will land
on the Musco supplied disconnect.
All necessary precautions will be taken to ensure the site is left is satisfactory condition.
The Washington State Department of Labor and Industries electrical permit is included. Any additional required
permits will be by others.
Total Breakout of Equipment and Installation:
KCDA Contract Price – (300’ x 300’ x 300’)…………….……………………………………………………...$260,093.00
Adder - Electrical installation…. .................................................................................................................$123,598.00
Performance and Payment Bond..............................................................................................................$3,522.00
Total Price (Equipment and Installation): $387,213.00
Notes:
Performance and payment bond is included in the quote at 9.18/1000%.
Pricing does NOT include taxes.
Purchase orders are to be sent directly to the KCDA along with a copy of this q uote.
Delivery to the job site from the time of order, submittal approval, and confirmation of order details including voltage and
phase, pole locations is 30 days. Current estimated delivery month is September 2018.
Due to the built-in custom light control per luminaire, pole locations need to be confirmed prior to production.
Light Levels and uniformities are guaranteed by MUSCO, any additional aiming required to meet the specified
requirements shall be done by MUSCO.
Fax or Mail a copy of the Purcha se Order to KCDA and Musco Sports Lighting:
KCDA Musco Sports Lighting, LLC
Attn: Mark Pfeiffer Attn: Ryan Tighe
P.O. Box 5550 P.O. Box 260
Kent, WA 98064 Muscatine, IA 52761
Fax: 425-282-0675 Fax: 800-374-6402
E-mail: customerservice@kcda.org E-mail: ryan.tighe@musco.com
Phone: 800-422-5019 Phone: 800-825-6020
Thank you for considering Musco for your sports-lighting needs. Please contact me with any questions.
Tim Butz Yuli Diaz
Musco Sports Lighting, LLC Musco Sports Lighting, LLC
Phone: 503/720-6625 Phone: 800-754-6025
E-mail: tim.butz@musco.com E-mail: yuli.diaz@musco.com
.
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Project No: CP1720 Project Title:
Project Manager: Jamie Kelly
Project Initiation
Project Initiation (PMP) Date: _________ Permision to Advertise
Advertisement Date: N/A COOP X Contract Award
Award Date: 8/19/19 Change Order Approval
Contract Final Acceptance
Funding 2017 2018 2019
Future Years Total
321 Fund - Unrestricted 0 0 0
Grant - Secured 150,000 150,000
Park Impact Fees 318,529 318,529
Park Impact Fees 0
0
Total 0 468,529 0 468,529
Activity 2017 2018 2019
Future Years Total
Construction Contract 0 0 425,935
0 425,935
Construction Authorized Contingency (10%) 0 0 42,594 0 42,594
0 0 0 0 0
0 0 0 0 0
0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
Total 0 0 468,529 0 468,529
2017 2018 2019
Future Years Total
Project Funds Budgeted 0 0 (468,529) 0 (468,529)
Project Funds Needed 0 0 468,529 0 468,529
Project Contingency 0 0 0 0 0
Funds Required 0 0 0 0 0
Project Budget Status (321 Funds)
BUDGET STATUS SHEET
Game Farm 4 Lighting
Updated: August 14, 2019
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Page 35 of 101
Project No: CPXXXX Project Title:
Project Manager: Name
Project Initiation
Project Initiation (PMP) Date: _________ Permision to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding 2017 2018 2019
Future Years Total
102 Fund - Unrestricted 0 0 0 0 0
102 Fund -State Grant 0 0 0 0 0
460 Fund - Water 0 0 0 0 0
Total 0 0 0 0 0
Activity 2017 2018 2019
Future Years Total
Design Engineering - City Costs 0 0 0 0 0
Design Engineering - Consultant Costs 0 0 0 0 0
Permitting 0 0 0 0 0
ROW - Property Acquisition 0 0 0 0 0
ROW - Property Acquisition - City Costs 0 0 0 0 0
ROW - Property Acquisition - Consultant Costs 0 0 0 0 0
Construction Estimate 0 0 0 0 0
Construction Contingency (15%)0 0 0 0 0
Materials Testing 0 0 0 0 0
Other 0 0 0 0 0
Construction Engineering - City Costs 0 0 0 0 0
Construction Engineering - Consultant Costs 0 0 0 0 0
Total 0 0 0 0 0
2017 2018 2019
Future Years Total
*102 Funds Budgeted ( )0 0 0 0 0
102 Funds Needed 0 0 0 0 0
*102 Fund Project Contingency ( )0 0 0 0 0
102 Funds Required 0 0 0 0 0
2017 2018 2019
Future Years Total
*460 Funds Budgeted ( )0 0 0 0 0
460 Funds Needed 0 0 0 0 0
*460 Fund Project Contingency ( )0 0 0 0 0
460 Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
BUDGET STATUS SHEET
Project Name
Updated: February 22, 2017
102 Arterial Street Budget Status
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
460 Water Budget Status
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Project No: CPXXXX Project Title:
Project Manager: Name
Project Update
Project Initiation (PMP) Date: _________ Permision to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding 2017 2018 2019
Future Years Total
102 Fund - Unrestricted 0 0 0 0 0
102 Fund -State Grant 0 0 0 0 0
460 Fund - Water 0 0 0 0 0
Total 0 0 0 0 0
Activity 2017 2018 2019
Future Years Total
Design Engineering - City Costs 0 0 0 0 0
Design Engineering - Consultant Costs 0 0 0 0 0
Permitting 0 0 0 0 0
ROW - Property Acquisition 0 0 0 0 0
ROW - Property Acquisition - City Costs 0 0 0 0 0
ROW - Property Acquisition - Consultant Costs 0 0 0 0 0
Construction Estimate 0 0 0 0 0
Construction Contingency (15%)0 0 0 0 0
Materials Testing 0 0 0 0 0
Other 0 0 0 0 0
Construction Engineering - City Costs 0 0 0 0 0
Construction Engineering - Consultant Costs 0 0 0 0 0
Total 0 0 0 0 0
2017 2018 2019
Future Years Total
*102 Funds Budgeted ( )0 0 0 0 0
102 Funds Needed 0 0 0 0 0
*102 Fund Project Contingency ( )0 0 0 0 0
102 Funds Required 0 0 0 0 0
2017 2018 2019
Future Years Total
*460 Funds Budgeted ( )0 0 0 0 0
460 Funds Needed 0 0 0 0 0
*460 Fund Project Contingency ( )0 0 0 0 0
460 Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
BUDGET STATUS SHEET
Project Name
Updated: February 22, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
102 Arterial Street Budget Status
460 Water Budget Status
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Project No: CPXXXX Project Title:
Project Manager: Name
Project Initiation
Project Initiation (PMP) Date: _________ Permision to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding 2017 2018 2019
Future Years Total
102 Fund - Unrestricted 0 0 0 0 0
102 Fund -State Grant 0 0 0 0 0
460 Fund - Water 0 0 0 0 0
Total 0 0 0 0 0
Activity 2017 2018 2019
Future Years Total
Design Engineering - City Costs 0 0 0 0 0
Design Engineering - Consultant Costs 0 0 0 0 0
Permitting 0 0 0 0 0
ROW - Property Acquisition 0 0 0 0 0
ROW - Property Acquisition - City Costs 0 0 0 0 0
ROW - Property Acquisition - Consultant Costs 0 0 0 0 0
Construction Estimate 0 0 0 0 0
Construction Contingency (15%) 0 0 0 0 0
Materials Testing 0 0 0 0 0
Other 0 0 0 0 0
Construction Engineering - City Costs 0 0 0 0 0
Construction Engineering - Consultant Costs 0 0 0 0 0
Total 0 0 0 0 0
2017 2018 2019
Future Years Total
*102 Funds Budgeted ( )0 0 0 0 0
102 Funds Needed 0 0 0 0 0
*102 Fund Project Contingency ( )0 0 0 0 0
102 Funds Required 0 0 0 0 0
2017 2018 2019
Future Years Total
*460 Funds Budgeted ( )0 0 0 0 0
460 Funds Needed 0 0 0 0 0
*460 Fund Project Contingency ( )0 0 0 0 0
460 Funds Required 0 0 0 0 0
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
BUDGET STATUS SHEET
Project Name
Updated: February 22, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
460 Water Budget Status
102 Arterial Street Budget Status
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Project No: CP1605 Project Title:
Project Manager: Jamie Kelly
Project Initiation
Project Initiation (PMP) Date: _________ Permision to Advertise
Advertisement Date: 2/1/18 X Contract Award
Award Date: 2/20/18 Pending Change Order Approval
Contract Final Acceptance
Funding 2017 2018 2019
Future Years Total
321 Fund - Unrestricted 561,542 100,000 0 0 661,542
Grant - Secured
328 Fund
Park Impact Fees
Total 561,542 100,000 0 0 661,542
Activity 2017 2018 2019
Future Years Total
Big Daddy's Demolition and Restoration Project 77,079 77,079
Design Engineering - Consultant Costs 55,616 38,753 0 0 94,369
Permitting 0 4,221 0 0 4,221
Construction Contract 0 560,353 0 0 560,353
Construction Contract Authorized Contingency (10%) 0 56,035 0 0 56,035
Construction Engineering - City Costs 0 0 0 0 0
Construction Engineering - Consultant Costs 0 11,247 0 0 11,247
Total 132,695 670,610 0 0 803,305
2017 2018 2019
Future Years Total
Project Funds Budgeted (561,542) (100,000) 0 0 (661,542)
Project Funds Needed 132,695 670,610 0 0 803,305
Project Contingency (428,847)0 0 0 0
Funds Required 0 570,610 0 0 141,763
Project Budget Status
BUDGET STATUS SHEET
Les Gove Crescent
Updated: February 14, 2018
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
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Project No: CP1605 Project Title:
Project Manager: Jamie Kelly
Project Initiation
Project Initiation (PMP) Date: _________ Permision to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding 2017 2018 2019
Future Years Total
102 Fund - Unrestricted 0 0 0 0 0
102 Fund -State Grant 0 111,705 0 0 111,705
460 Fund - Water 0 0 0 0 0
Total 0 111,705 0 0 111,705
Activity 2017 2018 2019
Future Years Total
Design Engineering - City Costs 0 0 0 0 0
Design Engineering - Consultant Costs 0 0 0 0 0
Permitting 0 0 0 0 0
ROW - Property Acquisition 0 0 0 0 0
ROW - Property Acquisition - City Costs 0 0 0 0 0
ROW - Property Acquisition - Consultant Costs 0 0 0 0 0
Construction Contract Bid 0 0 0 0 0
Change Order No. #1 0 102,740 0 0 102,740
Authorized Const Contingency Remaining 0 0 0 0 0
Materials Testing 0 0 0 0 0
Other 0 0 0 0 0
Construction Engineering - City Costs 0 0 0 0 0
Construction Engineering - Consultant Costs 0 0 0 0 0
Total 0 102,740 0 0 102,740
2017 2018 2019
Future Years Total
*102 Funds Budgeted ( )0 (111,705) 0 0 (111,705)
102 Funds Needed 0 102,740 0 0 102,740
*102 Fund Project Contingency ( )0 (8,965)0 0 (8,965)
102 Funds Required 0 0 0 0 0
2017 2018 2019
Future Years Total
*460 Funds Budgeted ( )0 0 0 0 0
460 Funds Needed 0 102,740 0 0 102,740
*460 Fund Project Contingency ( )0 0 0 0 0
460 Funds Required 0 102,740 0 0 102,740
BUDGET STATUS SHEET
Project Name
Updated: February 22, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
102 Arterial Street Budget Status
460 Water Budget Status
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Project No: CPXXXX Project Title:
Project Manager: Name
Project Initiation
Project Initiation (PMP) Date: _________ Permision to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding 2017 2018 2019
Future Years Total
102 Fund - Unrestricted 0 0 0 0 0
102 Fund -State Grant 0 0 0 0 0
460 Fund - Water 0 0 0 0 0
Total 0 0 0 0 0
Activity 2017 2018 2019
Future Years Total
Design Engineering - City Costs 0 0 0 0 0
Design Engineering - Consultant Costs 0 0 0 0 0
Permitting 0 0 0 0 0
ROW - Property Acquisition 0 0 0 0 0
ROW - Property Acquisition - City Costs 0 0 0 0 0
ROW - Property Acquisition - Consultant Costs 0 0 0 0 0
Construction Contract Bid 0 0 0 0 0
Change Order No. #0 0 0 0 0
Line Item Changes 0 0 0 0 0
Materials Testing 0 0 0 0 0
Other 0 0 0 0 0
Construction Engineering - City Costs 0 0 0 0 0
Construction Engineering - Consultant Costs 0 0 0 0 0
Total 0 0 0 0 0
2017 2018 2019
Future Years Total
*102 Funds Budgeted ( )0 0 0 0 0
102 Funds Needed 0 0 0 0 0
*102 Fund Project Contingency ( )0 0 0 0 0
102 Funds Required 0 0 0 0 0
2017 2018 2019
Future Years Total
*460 Funds Budgeted ( )0 0 0 0 0
460 Funds Needed 0 0 0 0 0
*460 Fund Project Contingency ( )0 0 0 0 0
460 Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
BUDGET STATUS SHEET
Project Name
Updated: February 22, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
102 Arterial Street Budget Status
460 Water Budget Status
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ENG-270, Revised 12/17
Page 42 of 101
1:2,000
VICINITY MAP - GAME FARM 4 LIGHTING PROJECT
333.3166.67333.3 0 Feet
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
Imagery Date: May 2015
8/14/2019Printed Date:
1 in =166.67 ft
Page 43 of 101
AGENDA BILL APPROVAL FORM
Agenda Subject:
Setting Public Hearing Date for Franchise Agreement
#FRN190014 (Gaub)
Date:
August 13, 2019
Department:
Public Works
Attachments:
Draft Ordinance No. 6727 Franchise Agreement
No. FRN19-0014
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to set the date of the Public Hearing for Franchise Agreement No. FRN19-0014.
Background Summary:
Section 20.06.030 of the Auburn City Code Chapter requires the City to hold a public hearing
before granting or denying a franchise agreement. Staff requests that the City Council set the
date of the public hearing for Franchise Agreement No. FRN19-0014 for New Cingular
Wireless PCS, LLC for September 3, 2019 at 7:00 pm in Council Chambers.
Franchise Agreement No. FRN19-0014, (Draft Ordinance No. 6727) is attached as back-up
documentation. Section 20.06.010 of the Auburn City Code requires a franchise for any
commercial utility or telecommunications operator or carrier or other person who wants to use
public ways of the City and to provide telecommunications or commercial utility services to
any person or area in the City.
New Cingular Wireless PCS, LLC has applied for a Franchise Agreement to be able to
construct within the City’s rights-of-way a small wireless facilities network. New Cingular
Wireless wants to provide personal wireless telecommunications and data communications
services for the benefit of wireless communications subscribers in and around the City of
Auburn.
The initial proposed build-out includes multiple locations throughout the City on City owned
poles and PSE owned poles. The applicant is requesting the entire City as the proposed
franchise area so that they can build out their small cell network. Exact locations, plans,
engineering and construction schedules would be reviewed, approved and managed through
the City’s permitting processes that are a requirement of the Franchise Agreement.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:August 19, 2019 Item Number:CA.F
Page 44 of 101
Page 45 of 101
------------------------------
Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 1 of 17
ORDINANCE NO. 6727
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING NEW
CINGULAR WIRELESS PCS, LLC, A FRANCHISE
FOR WIRELESS TELECOMMUNICATIONS
FACILITIES
WHEREAS, New Cingular Wireless PCS, LLC (“Grantee”), has applied to
the City of Auburn (“City”) for a non-exclusive Franchise for the right of entry, use,
and occupation of certain public right(s)-of-way within the City, to install, construct,
erect, operate, maintain, repair, relocate and remove Grantee’s facilities in, on,
over, under, along and/or across those right(s)-of-way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee’s request for a Franchise; and
WHEREAS, based on the information presented at the 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 to grant the franchise to Grantee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use; Franchise Area
A. Subject to the terms and conditions stated in this Agreement, the City
grants to the Grantee general permission to enter, use, and occupy the Franchise
Area, located within the incorporated area of the City. Grantee may locate the
Grantee Facilities within the Franchise Area subject to all applicable laws,
regulations, and permit conditions.
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate, upgrade, replace, restore and repair Grantee Facilities
to provide Wireless Telecommunications Services in the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee Facilities and Wireless
Telecommunications Services, and it extends no rights or privilege relative to any
facilities or services of any type, including Grantee Facilities and Wireless
Telecommunications Services, on public or private property elsewhere within the
City.
Page 46 of 101
------------------------------
Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 2 of 17
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, for any purpose that does not interfere with Grantee’s rights under this
Franchise.
E. Except as explicitly set forth in this Agreement, this Franchise does
not waive any rights that the City has or may acquire with respect to the Franchise
Area or any other City roads, rights-of-way, property, or any portions thereof. This
Franchise shall be subject to the power of eminent domain, and in any proceeding
under eminent domain, the Grantee acknowledges its use of the Franchise Area
shall have no value.
F. The City reserves the right to change, regrade, relocate, abandon, or
vacate any right-of-way within the Franchise Area. If, at any time during the term
of this Franchise, the City vacates any portion of the Franchise Area containing
Grantee Facilities, the City shall reserve an easement for public utilities within that
vacated portion, pursuant to RCW 35.79.030, within which the Grant ee may
continue to operate any existing Grantee Facilities under the terms of this
Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 2. Notice
A. Written notices to the parties shall be sent by a nationally recognized
overnight courier or by certified mail to the following addresses, unless a different
address shall be designated in writing and delivered to the other party. Any such
notice shall become effective upon receipt by certified mail, confirmed delivery by
overnight courier, or the date stamped received by the City.
City: Right-of-Way Specialist
Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Page 47 of 101
------------------------------
Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 3 of 17
Grantee: New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Site No. City of Auburn Wireless Franchise Agreement (WA)
1025 Lenox Park Blvd NE, 3rd Floor
Atlanta, GA 30319
With a copy to: New Cingular Wireless PCS, LLC
Attn: AT&T Legal Dept – Network Operations
Site No. City of Auburn Wireless Franchise Agreement (WA)
208 S. Akard Street
Dallas, TX 75202-4206
B. Any changes to the above-stated Grantee information shall be sent
to the City at City’s notice addresses, referencing the number of this Ordinance.
C. The City may also contact Grantee at the following number during
normal business hours and for emergency or other needs outside of normal
business hours of the Grantee: (800) 832-6662.
Section 3. Term of Agreement
A. This Franchise shall run for a period of five (5) years, from the
effective date of this Franchise specified in Section 5.
B. Renewal Option of Term: The Grantee may renew this Franchise for
one, additional five (5) year period upon submission and approval of the application
specified under ACC 20.06.130, as it now exists or is amended, within the
timeframe set forth in that section (currently not more than 240 and not less than
180 days prior to expiration of the then-current term). Any materials submitted by
the Grantee for a previous application may be considered by the City in reviewin g
a current application, and the Grantee shall only submit those materials deemed
necessary by the City to address changes in the Grantee Facilities or
Telecommunications Services, or to reflect specific reporting periods mandated by
the ACC.
C. Failure to Renew Franchise – Automatic Extension. If the Parties fail
to formally renew this Franchise prior to the expiration of its term or any extension
thereof, the Franchise automatically continues month to month until renewed or
either party gives written notice at least one hundred and eighty (180) days in
advance of intent not to renew the Franchise.
Section 4. Definitions
Page 48 of 101
------------------------------
Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 4 of 17
For the purpose of this agreement:
A. “ACC” or “City Code” means the Auburn City Code.
B. "Emergency" means a condition of imminent danger to the health,
safety and welfare of persons or property located within the City including, without
limitation, damage to persons or property from natural consequences, such as
storms, earthquakes, riots, acts of terrorism or wars.
C. “Franchise Area” means all present and future Rights-of-W ay as
defined in Section 4.H. herein, within the City Limits as they currently exist or as
amended in the future.
D. “Grantee Facilities” means any and all equipment, appliances,
attachments, appurtenances and other items necessary for Telecommunications
Services or “personal wireless services” as defined in RCW 80.36.375 or
35.99.010(7), respectively, that are located in the Right-of-Way. It includes
microcell, minor and small cell facilities and strand-mounted units.
Grantee Facilities do not include anything used to provide wireline services,
front-haul or back-haul services, including fiber optic cables, coaxial cables, wires,
conduit or other equipment, appliances, attachments and appurtenances. They do
not include any equipment that is not within ten (10) feet of the pole (excluding any
strand-mounted unit) or base station, or that is not within the Right-of-Way, or that
is covered under a separate Franchise Agreement or agreement.
E. “Grantee’s Wireless Telecommunications Services” means the
transmission and reception of wireless communications signals, including but not
limited to personal wireless and data communications services, over Licensee’s
federally licensed frequencies, pursuant to all the rules and regulations of the
Federal Communications Commission, and in accordance with the terms of this
Agreement, for the benefit of wireless communications subscribers in and around
the Franchise Area.
F. “Maintenance” or “maintain” shall mean examining, testing,
inspecting, repairing, maintaining, restoring and replacing the existing Grantee
Facilities or any part thereof as required and necessary for safe operation.
G. “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.
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H. “Rights-of-Way” means the surface and the space above and below
streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks, shoulders,
curbs, landscaping areas between sidewalks and curbs or shoulders, and other
public rights-of-ways and similar public properties and areas to the extent that the
City has the authority to grant permission to use any of the foregoing . It does not
include structures, including poles and conduit, located in the right-of-way and, any
other property owned by the City in its proprietary capacity.
Section 5. Acceptance of Franchise
A. This Franchise shall not become effective until Grantee files with the
City Clerk (1) the Statement of Acceptance (Exhibit “A”), (2) all verifications of
insurance coverage specified under Section 15, (3) the financial guarant ees
specified in Section 16, and (4) payment of any outstanding application fees per
the City Fee Schedule. These four items shall collectively be the “Franchise
Acceptance”. The date that such Franchise Acceptance is filed with the City Clerk
shall be the effective date of this Franchise.
B. Should the Grantee fail to file the Franchise Acceptance with the City
Clerk within thirty (30) days after the effective date of the ordinance approving the
Franchise, the City’s grant of the Franchise will be null and void.
Section 6. Location, Siting, Construction and Maintenance
A. The Grantee shall apply for, obtain, and comply with the terms of all
permits, approvals and facilities lease agreements as required under ACC
Chapters 12.24, 13.32A and 20 for any work done within the Right-of-Way or to
site Grantee Facilities on any facilities, structures or poles owned by third parties
within the Right-of-Way or on any City-owned facilities, structures or poles within
the Right-of-Way. City Council authorizes the Director of Public Works or the
Director’s designee to negotiate and execute all agreements necessary for the use
of City owned property. 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.
Grantee shall be required to submit the appropriate application to the
City related to siting within the public Right-of-Way as provided under this
Franchise, for review and approval by the City Engineer, prior to submitting an
application for a construction permit(s) for any and all locations in the public Right-
of-Way, whether Grantee is proposing to locate on City owned facilities, structures
or poles, or on third party owned facilities, structures or poles. The siting
application shall be submitted to the City and shall be in addition to any other
required permits for construction, building, land use, zoning, lease agreements or
other approvals as required by applicable City Code.
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B. Grantee agrees to coordinate its activities with the City and all other
utilities located in the public Right-of-W ay within which Grantee is undertaking its
activity.
C. The City expressly reserves the right to prescribe how and where
Grantee Facilities shall be installed within the public Right-of-Way and may from
time to time, pursuant to and in accordance with the applicable sections of this
Franchise or the ACC, require the adjustment, securement, 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 identify existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City and in
accordance with City ordinances, Grantee shall have the authority to reasonably
trim trees upon and overhanging streets, public rights-of-way, and public places in
the Franchise Area to the extent necessary to prevent the branches of those trees
from coming in physical contact with the Grantee Facilities. Grantee shall be
responsible for debris removal from such activities. If such debris is not removed
within twenty-four (24) hours of completion of the trimming, the City may, at its sole
discretion, remove such debris and charge Grantee for the cost of removal. This
section does not, in any instance, grant automatic authority to clear vegetation for
purposes of providing a clear path for radio signals. A ny 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 repair and
emergency response work as required under the circumstances. The Grantee shall
notify the City telephonically during normal business hours (at 253-931-3010) and
during non-business hours (at 253-876-1985) as promptly as possible, before such
repair or emergency work commences, and in writing as soon thereafter as
possible. Such notification shall include the Grantee’s emergency contact phone
number for the corresponding response activity. The City may commence
emergency response work, at any time, without prior written notice to the Grantee,
but shall notify the Grantee in writing as promptly as possible under the
circumstances. Grantee will reimburse the City for the City’s actual cost of
performing emergency response work.
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Section 8. Damages to City and Third-Party Property
Grantee agrees that if any of its actions under this Franchise impairs or
damages any property, Grantee will restore, at its own cost and expense, the
property to a safe condition. Upon returning property to a safe condition, the
property shall then be returned to the condition it was in immediately prior to being
damaged (if the safe condition of the property is not the same as that which existed
prior to damage). Such repair work 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 application for a permit to construct or repair
Grantee Facilities under this Franchise shall have preference as to positioning and
location with respect to the Grantee Facilities. However, to the extent that the
Grantee Facilities are completed and installed prior to another telecommunication
or utility operator’s or carrier’s submittal of a permit for new or additional structures,
equipment, appurtenances or tangible property, then the Grantee Facilities shall
have priority. These rules governing preference shall continue in the event of the
necessity of relocating or changing the grade of any City road or right-of-way. A
relocating utility shall not necessitate the relocation of another utility that otherwise
would not require relocation. This Section shall not apply to any City facilities or
utilities that may in the future require the relocation of Grantee Facilities. Such
relocations shall be governed by Section 11.
B. Grantee shall maintain a minimum underground horizontal
separation of five (5) feet from City water, sanitary sewer and storm sewer facilities
and ten (10) feet from above-ground City water facilities. For development of new
areas, the City, in consultation with Grantee and other telecommunication and
utility purveyors or authorized users of the Rights-of-Way, will develop guidelines
and procedures for determining specific telecommunications and utility locations.
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested by the City to coordinate municipal functions with Grantee’s
activities and fulfill any municipal obligations under state law. This information
shall include, at a minimum, as-built drawings of Grantee Facilities, including
installation inventory, and maps and plans showing the location of existing Grantee
Facilities and planned Grantee Facilities(to the extent that maps and plans
showing planned facilities are available) within the Rights of Way. This information
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may be requested either in hard copy or electronic format, compatible with the
City’s data base system, as now or hereinafter exist s, including the City’s
Geographic Information System (GIS) data base. Upon the City’s request, Grantee
shall inform the City of its long range plans for installation, if such p lans are
available, so that the City may coordinate any future development with Grantee’s
proposed designs. If such plans are not immediately available, are not finalized,
or are proprietary in nature, then Grantee is under no obligation to provide such
information to the City. Should the Grantee fail, for any reason, to provide
information regarding its long range plans or planned Grantee Facilities upon the
City’s request, then the City is under no obligation to coordinate with, account for
or authorize their facilities in future Right-of-Way projects or the City’s long range
plans.
B. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City; however,
nothing in this Section shall be construed to require Grantee to disclose proprietary
or confidential information without adequate safeguards to protect the confidential
or proprietary nature of the information. Accordingly, in the event the City receives
a public records request under applicable state or federal law, the City agrees to
notify the Grantee of such request related to the Grantee, and to give the Grantee
ten (10) working days to obtain an injunction prohibiting the release of the records.
C. Grantee shall defend, indemnify and hold the City harmless for any
loss or liability for fines, penalties, and costs (including attorneys’ fees) imposed
on the City because of non-disclosures requested by Grantee under Washington’s
public records act, provided the City has notified Grantee of the pending request.
Section 11. Relocation of Grantee Facilities
A. Pursuant to Auburn City Code Chapter 13 and Chapter 20 as
currently written or as amended in the future, except as otherwise so required by
law, Grantee agrees to relocate, remove, or reroute its facilities as ordered by the
City Engineer at no expense or liability to the City, except as may be required by
RCW Chapter 35.99. Pursuant to the provisions of Section 14, Grantee agrees to
protect and save harmless the City from any customer or third -party claims for
service interruption or other losses in connection with any such change, relocation,
abandonment, or vacation of the Public Right-of-Way.
B. If securement, adjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the City, that party shall pay the
Grantee the actual costs.
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Section 12. Abandonment and or Removal of Grantee Facilities
A. Within one hundred and eighty days (180) of Grantee’s permanent
cessation of use of all or a portion of the Grantee Facilities, the Grantee shall, at
the City’s discretion, either abandon in place or remove the affected facilities.
B. Grantee may ask the City in writing to abandon, in whole or in part,
all or any part of the Grantee Facilities. Any plan for abandonment of Grantee
Facilities must be approved in writing by the City, which approval shall not be
unreasonably withheld.
C. The parties expressly agree that this Section shall survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City’s
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
B. Subject to applicable law addressing the undergrounding of
telecommunication facilities, whenever the City requires the undergrounding of
aerial utilities in the Franchise Area, the Grantee shall underground the Grantee
Facilities, in the manner specified by the City Engineer at no expense or liability to
the City, except as may be required by RCW Chapter 35.99. W here other utilities
are present and involved in the undergrounding project, Grantee shall only be
required to pay its fair share of common costs borne by all utilities, in addition to
the costs specifically attributable to the undergrounding of Grantee Facilities.
Common costs shall include necessary costs for common trenching and utility
vaults. Fair share shall be determined in comparison to the total number and size
of all other utility facilities being undergrounded.
Section 14. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the City and its
officers, officials, agents, contractors and employees, and volunteers harmless
from any and all costs, claims, injuries, damages, losses, suits, or liabilities
including attorneys’ fees arising out of or in connection with the Grantee’s
performance (including Grantee’s agents’ or representatives’ performances) under
this Franchise, except to the extent such costs, claims, injuries, damages, losses,
suits, or liabilities are caused by the sole negligence or willful misconduct of the
City or its officers, officials, agents and employees. Should a court of competent
jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the
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event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Grantee and
the City, its officers, officials or employees, and volunteers, the Grantee's liability
hereunder shall be only to the extent of the Grantee's negligence.
B. The Grantee shall hold the City harmless from any liability arising out
of or in connection with any damage or loss to the Grantee Facilities caused by
maintenance and/or construction work performed by, or on behalf of, the City within
the Franchise Area or any other City road, right-of-way, or other property, except
to the extent any such damage or loss is directly caused by the negligence or willful
misconduct of the City, or its employees, contractors and agents performing such
work.
C. The Grantee acknowledges that neither the City nor any other public
agency with responsibility for firefighting, emergency rescue, public safety or
similar duties within the City has the capability to provide trench, close trench or
confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the provision
of such services with regard to work performed by or at the direc tion of Grantee.
The Grantee shall hold the City harmless from any liability arising out of or in
connection with any damage or loss to the Grantee for the City’s failure or inability
to provide such services, and, pursuant to the terms of Section 14(A), the Grantee
shall indemnify the City against any and all third -party costs, claims, injuries,
damages, losses, suits, or liabilities based on the City’s failure or inability to provide
such services.
D. Acceptance by the City of any work performed by the Grantee shall
not be grounds for avoidance of this section.
E. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantee’s waiver of immunity under
Industrial Insurance, Title 51 RCW , solely for the purposes of indemnity claims
made by the City against Grantee or claims made by Grantee’s employees directly
against the City. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this
Agreement.
Section 15. Insurance
A. The Grantee shall procure and maintain for the duration of th is
Franchise, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work hereunder
by the Grantee, its officers, officials, and employees in the amounts and types set
forth below:
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1. Commercial Automobile Liability insurance ISO Form CG 00
01 covering all owned, non-owned, hired, and leased vehicles with a combined
single limit for bodily injury and property damage of $1,000,000 .00 per accident
including contractual liability. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01, or a substitute form used by Grantee, so long as it
provides equivalent liability coverage.
2. Commercial General Liability insurance with limits of
$5,000,000.00 each occurrence for bodily injury and property damage and,
$5,000,000.00 general aggregate including $5,000,000.00 products-completed
operations aggregate limit, premises-operations, independent contractors,
products-completed operations, personal injury and advertising injury and
contractual liability coverage. There shall be no exclusion for liability arising from
explosion, collapse, or underground property damage. The City shall be included
as an additional insured as their interest may appear under the Grantee’s
Commercial General Liability insurance policy with respect to the work performed
under this Franchise by means of a blanket additional insured endorsement using
ISO Additional Insured Endorsement for Ongoing Operations, CG 20 10 10 01 and
Additional Insured Completed Operations Endorsement, CG 20 37 10 01, or
substitute endorsements utilized by Grantee providing equivalent coverage.
3. Professional Liability insurance with limits of $1,000,000.00
per claim and aggregate covering the negligence , acts, errors, and/or omissions
of Grantee in the performance of professional services under this Franchise.
4. Workers’ Compensation coverage (or qualified self-insurance
coverage) as required by the Industrial Insurance laws of the State of Washington.
B. The insurance policies shall:
1. Provide that the Grantee’s insurance coverage shall be
primary insurance as respects the City. Any insurance, self -insurance, or
insurance pool coverage maintained by the City shall be in excess of the Grantee’s
insurance and shall not contribute with it.
2. Upon receipt of appropriate notice from its insurer(s), Grantee
shall provide the City with thirty (30) days prior written notice of cancellation or
nonrenewal of any of the required insurance policies that are not replaced.
C. Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A:VII.
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D. Verification of Coverage. Grantee shall furnish the City with
documentation of insurer’s A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the
blanket additional insured endorsements evidencing the insurance requirements
of Grantee before commencement of the work.
E. Grantee shall have the right to self-insure any or all of the above-
required insurance. Any such self-insurance is subject to approval by the City.
F. Grantee’s maintenance of insurance as required by this Franchise
shall not be construed to limit the liability of Grantee to the coverage provided by
such insurance, or otherwise limit the City’s recourse to any remedy to which the
City is otherwise entitled at law or in equity.
Section 16. Performance Security
The Grantee shall provide the City with a bond or financial guarantee in the amount
of Fifty Thousand Dollars ($50,000.00) running for, or renewable for, the term of
this Franchise, in a form and substance acceptable to the City, for all of the Grantee
Facilities in the City. If Grantee fails to substantially comply with any one or more
of the provisions of this Franchise, the City shall recover jointly and severally from
the Grantee, bond or any surety of such financial guarantee, any actual and direct
damages suffered by City as a result thereof, including but not limited to staff time,
material and equipment costs and the cost of removal or abandonment of facilities.
Grantee specifically agrees that its failure to comply with the terms of Section 19
shall constitute a material breach of this Franchise. Such a bond or financial
guarantee shall not be construed to limit the Grantee’s liability to the guarantee
amount, or otherwise limit the City’s recourse to any remedy to which the City is
otherwise entitled at law or in equity.
Section 17. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors, assigns, and independent
contractors of the Grantee, and all rights and privileges, as well as all obligation s
and liabilities of the Grantee shall inure to its successors, assignees and
contractors equally.
B. This Franchise shall not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (1) Complete information setting forth the nature, term and
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conditions of the proposed assignment or transfer; (2) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (3) An application fee which shall be set by the City, plus any other
costs actually and reasonably incurred by the City in processing, and investigating
the proposed assignment or transfer.
D. Prior to the City’s consideration of a request by Grantee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee shall
file with the City a written promise to unconditionally accept all terms of the
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor’s state of
compliance and failure of the City to insist on full compliance prior to transfer does
not waive any right to insist on full compliance thereafter.
E. Transactions between affiliated entities are not exempt fr om the
required City approval. Grantee shall promptly notify the City in writing prior to any
proposed change in, or transfer of, or acquisition by any other party of control of
the Grantee’s company. Notification shall include those items set out in subsection
17.C (1) through (3) herein above.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising by
reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to achieve
a resolution of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this manner,
either party may then pursue any available judicial remedies. This Franchise shall
be governed by and construed in accordance with the laws of the State of
Washington. In the event any suit, arbitration, or other proceeding is instituted to
enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be exclusively in King County, Washington. The prevailing party
in any such action shall be entitled to its attorneys’ fees and costs of suit, which
shall be fixed by the judge hearing the case, and such fees shall be included in the
judgment.
Section 19. Enforcement and Remedies
A. If the Grantee shall willfully violate, or fail to comply with any of the
provisions of this Franchise through negligence, or should it fail to heed or comply
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with any notice given to Grantee under the provisions of this Agreement, the City
may, at its discretion, provide Grantee with written notice to cure the breach within
thirty (30) days of receipt of written notification. If the parties determine the breach
cannot be cured within thirty days, the City may specify a longer cure period, and
condition the extension of time on Grantee’s submittal of a plan to cure the breach
within the specified period, commencement of work within the original thirty-day
cure period, and diligent prosecution of the work to completion. If the breach is not
cured within the specified time, or the Grantee does not comply with the specified
conditions, the City may, at its discretion, either (1) revoke the Franchise with no
further notification (2) terminate Franchisee’s use of the specific portion(s) of the
ROW to which the default(s) pertains at the discretion of the City Engineer, or (3)
claim damages of Two Hundred Fifty Dollars ($250.00) per day against the bond
or financial guarantee set forth in Section 16 for every day after the expiration of
the cure period that the breach is not cured.
B. Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities, and Grantee Services, the City
reserves the right to cancel this Franchise and require the Grantee to apply for,
obtain, and comply with all applicable City permits, franchises, or other City
permissions for such actions, and if the Grantee’s actions are not allowed under
applicable federal and state or City laws, to compel Grantee to cease such actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Grantee shall comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with federal
laws and regulations, affecting performance under this Franchise (collectively,
“Laws”). Furthermore, notwithstanding any other terms of this Agreement
appearing to the contrary, the Grantee shall be subject to the police power of the
City to adopt and enforce general ordinances necessary to protect the safety and
welfare of the general public in relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any hereafter enacted, amended, or adopted federal or state statute or
regulation relating to the public health, safety, and welfare, or relating to roadway
regulation, or a City Ordinance enacted pursuant to such federal or state statute
or regulation upon providing Grantee with thirty (30) days written notice of its action
setting forth the full text of the amendment and identifying the statute, regulation,
or ordinance requiring the amendment. The amendment shall become
automatically effective upon expiration of the notice period unless, before
expiration of that period, the Grantee makes a written call for negotiations over the
terms of the amendment. If the parties do not reach agreement as to the terms of
the amendment within thirty (30) days or within such other timeframe as
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determined by the City, of the call for negotiations, the City may enact the proposed
amendment, by incorporating the Grantee’s concerns to the maximum extent the
City deems possible.
C. The City may terminate this Franchise upon thirty (30) days written notice
to the Grantee, if the Grantee fails to comply with such amendment or modification.
The City shall retract its notice of termination if the City determines that the Grantee
is in compliance with the amendment or modification within such 30 -day period.
The City may grant longer than the 30-days to comply if the Grantee provides
notice to the City of its intent to comply and can demonstrate good-faith efforts to
reach compliance to the satisfaction of the City.
Section 21. License, Fees, Tax and Other Charges
Grantee shall pay promptly and before they become delinquent , all fees and
charges for all applicable permits, licenses and construction approvals imposed by
the City for Grantee’s permitted use of the Grantee Facilities within the Rights-of-
Way. This Franchise shall not exempt the Grantee from any future license, fee,
tax, or charge, which the City may hereinafter adopt pursuant to authority granted
to it under state or federal law for revenue or as reimbursement for use and
occupancy of the Franchise Area.
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event shall
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
shall remain in effect.
Section 24. Titles
The section titles are for reference only and should not be used for the
purpose of interpreting this Franchise.
Section 25. Implementation.
The Mayor is authorized to implement such administrative procedures as
may be necessary to carry out the directions of this Franchise.
Section 26. Effective date.
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This Ordinance shall take effect and be in force five days from and af ter its
passage, approval and publication as provided by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
__________________________
Steven L. Gross, City Attorney
Published: _________________
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Exhibit A
STATEMENT OF ACCEPTANCE
New Cingular Wireless PCS, 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.
____________________________________
____________________________________
____________________________________
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 2019, 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:
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6721 (Gaub)
Date:
July 16, 2019
Department:
Public Works
Attachments:
Ordinance No. 6721
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council introduce and adopt Ordinance No. 6721 for Franchise Agreement No. FRN19-
0013 for Seattle SMSA Limited Partnership, dba Verizon Wireless.
Background Summary:
Section 20.06.010, Auburn City Code requires a franchise of any commercial utility or
telecommunications operator or carrier or other person who wants to use public ways of the
City and to provide telecommunications or commercial utility services to any person or area of
the City.
Seattle SMSA Limited Partnership, dba Verizon Wireless has applied for a Franchise
Agreement to be able to construct within the City’s rights-of-way a small wireless facilities
network. Seattle SMSA wants to provide personal wireless telecommunications and data
communications services for the benefit of wireless communications subscribers in and
around the City of Auburn.
The initial proposed build-out includes multiple locations on Lea Hill on City owned poles and
PSE owned poles. The applicant is requesting the entire City as the proposed franchise area
so that they can build out their small cell network. Exact locations, plans, engineering and
construction schedules would be reviewed, approved and managed through the City’s
permitting processes that are a requirement of the Franchise Agreement.
A staff presentation was given at the July 22nd, 2019, Study Session discussing Draft
Ordinance No. 6721. A Public Hearing to consider this application and hear public comment
was held before the City Council on August 5, 2019, in accordance with Auburn City Code
Chapter 20.06.030.
Ordinance No. 6721, if adopted by City Council, approves Franchise Agreement No. FRN19-
0013 subject to terms and conditions outlined in the Ordinance.
Rev iewed by Council Committees:
Page 63 of 101
Councilmember:Staff:Gaub
Meeting Date:August 19, 2019 Item Number:ORD.A
Page 64 of 101
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Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 1 of 17
ORDINANCE NO. 6721
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING
SEATTLE SMSA LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP, D/B/A
VERIZON WIRELESS, A FRANCHISE FOR
WIRELESS TELECOMMUNICATIONS FACILITIES
WHEREAS, Seattle SMSA Limited Partnership, a Delaware limited
partnership, d/b/a Verizon Wireless (“Grantee”), has applied to the City of Auburn
(“City”) for a non-exclusive Franchise for the right of entry, use, and occupation of
certain public right(s)-of-way within the City, to install, construct, erect, operate,
maintain, repair, relocate and remove Grantee’s facilities in, on, over, under, along
and/or across those right(s)-of-way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee’s request for a Franchise; and
WHEREAS, based on the information presented at the 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 to grant the franchise to Grantee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use; Franchise Area
A. Subject to the terms and conditions stated in this Agreement, the City
grants to the Grantee general permission to enter, use, and occupy the Franchise
Area, located within the incorporated area of the City. Grantee may locate the
Grantee Facilities within the Franchise Area subject to all applicable laws,
regulations, and permit conditions.
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate, upgrade, replace, restore and repair Grantee Facilities
to provide Telecommunications Services in the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee Facilities and Telecommunications
Services, and it extends no rights or privilege relative to any facilities or services
of any type, including Grantee Facilities and Telecommunications Services, on
public or private property elsewhere within the City.
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Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 2 of 17
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, for any purpose that does not interfere with Grantee’s rights under this
Franchise.
E. Except as explicitly set forth in this Agreement, this Franchise does
not waive any rights that the City has or may acquire with respect to the Franchise
Area or any other City roads, rights-of-way, property, or any portions thereof. This
Franchise shall be subject to the power of eminent domain, and in any proceeding
under eminent domain, the Grantee acknowledges its use of the Franchise Area
shall have no value.
F. The City reserves the right to change, regrade, relocate, abandon, or
vacate any right-of-way within the Franchise Area. If, at any time during the term
of this Franchise, the City vacates any portion of the Franchise Area containing
Grantee Facilities, the City shall reserve an easement for public utilities within that
vacated portion, pursuant to RCW 35.79.030, within which the Grantee may
continue to operate any existing Grantee Facilities under the terms of this
Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 2. Notice
A. Written notices to the parties shall be sent by a nationally recognized
overnight courier or by certified mail to the following addresses, unless a different
address shall be designated in writing and delivered to the other party. Any such
notice shall become effective upon receipt by certified mail , confirmed delivery by
overnight courier, or the date stamped received by the City.
City: Right-of-Way Specialist
Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
with a copy to: City Clerk
City of Auburn
25 West Main Street
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Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 3 of 17
Auburn, WA 98001-4998
Grantee: Seattle SMSA Limited Partnership
d/b/a Verizon Wireless
Attn: Network Real Estate
180 Washington Valley Road
Bedminster, New Jersey 07921
With a copy to: Seattle SMSA Limited Partnership
d/b/a Verizon Wireless
Attn: Pacific Market General Counsel
15505 Sand Canyon Avenue
Irvine, CA 92618
B. Any changes to the above-stated Grantee information shall be sent
to the City at City’s notice addresses, referencing the number of this Ordinance.
C. The City may also contact Grantee at the following number during
normal business hours and for emergency or other needs outside of normal
business hours of the Grantee: 800-264-6620.
Section 3. Term of Agreement
A. This Franchise shall run for a period of five (5) years, from the
effective date of this Franchise specified in Section 5.
B. Renewal Option of Term: The Grantee may renew this Franchise for
one, additional five (5) year period upon submission and approval of the application
specified under ACC 20.06.130, as it now exists or is amended, within the
timeframe set forth in that section (currently not more than 240 and not less than
180 days prior to expiration of the then-current term). Any materials submitted by
the Grantee for a previous application may be considered by the City in reviewing
a current application, and the Grantee shall only submit those materials deemed
necessary by the City to address changes in the Grantee Facilities or
Telecommunications Services, or to reflect specific reporting periods mandated by
the ACC.
C. Failure to Renew Franchise – Automatic Extension. If the Parties fail
to formally renew this Franchise prior to the expiration of its term or any extension
thereof, the Franchise automatically continues month to month until renewed or
either party gives written notice at least one hundred and eighty (180) days in
advance of intent not to renew the Franchise.
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Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 4 of 17
Section 4. Definitions
For the purpose of this agreement:
A. “ACC” or “City Code” means the Auburn City Code.
B. "Emergency" means a condition of imminent danger to the health,
safety and welfare of persons or property located within the City including, without
limitation, damage to persons or property from natural consequences, such as
storms, earthquakes, riots, acts of terrorism or wars.
C. “Franchise Area” means all present and future Rights-of-W ay as
defined in Section 4.H. herein, within the City Limits as they currently exist or as
amended in the future.
D. “Grantee Facilities” means any and all equipment, appliances,
attachments, appurtenances and other items necessary for Telecommunications
Services or “personal wireless services” as defined in RCW 80.36.375 that are
located in the Right-of-Way. It includes microcell, minor and small cell facilities and
strand-mounted units.
Grantee Facilities do not include anything used to provide wireline services,
front-haul or back-haul services, including fiber optic cables, coaxial cables, wires,
conduit or other equipment, appliances, attachments and appurtenances. They do
not include any equipment that is not within ten (10) feet of the pole (excluding any
strand-mounted unit) or base station, or that is not within the Right-of-Way, or that
is covered under a separate Franchise Agreement or agreement.
E. “Grantee’s Telecommunications Services” means the transmission
and reception of wireless communications signals, including but not limited to
personal wireless and data communications services, over Licensee’s federally
licensed frequencies, pursuant to all the rules and regulations of the Federal
Communications Commission, and in accordance with the terms of this
Agreement, for the benefit of wireless communications subscribers in and around
the Franchise Area.
F. “Maintenance” or “maintain” shall mean examining, testing,
inspecting, repairing, maintaining, restoring and replacing the existing Grantee
Facilities or any part thereof as required and necessary for safe operation.
G. “Relocation” means permanent movement of Grantee Facilities
required by the City, and not temporary or incidental movement o f such facilities,
or other revisions Grantee would accomplish and charge to third parties without
regard to municipal request.
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Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 5 of 17
H. “Rights-of-Way” means the surface and the space above and below
streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks, shoulders,
curbs, landscaping areas between sidewalks and curbs or shoulders, and other
public rights-of-ways and similar public properties and areas to the extent that the
City has the authority to grant permission to use any of the foregoing . It does not
include structures, including poles and conduit, located in the right-of-way and, any
other property owned by the City in its proprietary capacity.
Section 5. Acceptance of Franchise
A. This Franchise shall not become effective until Grantee files with the
City Clerk (1) the Statement of Acceptance (Exhibit “A”), (2) all verifications of
insurance coverage specified under Section 15, (3) the financial guarantees
specified in Section 16, and (4) payment of any outstanding application fees per
the City Fee Schedule. These four items shall collectively be the “Franchise
Acceptance”. The date that such Franchise Acceptance is filed with the City Clerk
shall be the effective date of this Franchise.
B. Should the Grantee fail to file the Franchise Acceptance with the City
Clerk within thirty (30) days after the effective date of the ordinance approving the
Franchise, the City’s grant of the Franchise will be null and void.
Section 6. Location, Siting, Construction and Maintenance
A. The Grantee shall apply for, obtain, and comply with the terms of all
permits, approvals and facilities lease agreements as required under ACC
Chapters 12.24, 13.32A and 20 for any work done within the Right-of-Way or to
site Grantee Facilities on any facilities, structures or poles owned by third parties
within the Right-of-Way or on any City-owned facilities, structures or poles within
the Right-of-Way. City Council authorizes the Director of Public Works or the
Director’s designee to negotiate and execute all agreements necessary for the use
of City owned property. 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.
Grantee shall be required to submit the appropriate application to the
City related to siting within the public Right-of-Way as provided under this
Franchise, for review and approval by the City Engineer, prior to submitting an
application for a construction permit(s) for any and all locations in the public Right-
of-Way, whether Grantee is proposing to locate on City owned facilities, structures
or poles, or on third party owned facilities, structures or poles. The siting
application shall be submitted to the City and shall be in addition to any other
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Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 6 of 17
required permits for construction, building, land use, zoning, lease agreements or
other approvals as required by applicable City Code.
B. Grantee agrees to coordinate its activities with the City and all other
utilities located in the public Right-of-W ay within which Grantee is undertaking its
activity.
C. The City expressly reserves the right to prescribe how and where
Grantee Facilities shall be installed within the public Right-of-Way and may from
time to time, pursuant to and in accordance with the applicable sections of this
Franchise or the ACC, require the adjustment, securement, 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 identify existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City and in
accordance with City ordinances, Grantee shall have the authority to reasonably
trim trees upon and overhanging streets, public rights-of-way, and public places in
the Franchise Area to the extent necessary to prevent the branches of those trees
from coming in physical contact with the Grantee Facilities. Grantee shall be
responsible for debris removal from such activities. If such debris is not removed
within twenty-four (24) hours of completion of the trimming, the City may, at its sole
discretion, remove such debris and charge Grantee for the cost of removal. 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 repair and
emergency response work as required under the circumst ances. The Grantee shall
notify the City telephonically during normal business hours (at 253-931-3010) and
during non-business hours (at 253-876-1985) as promptly as possible, before such
repair or emergency work commences, and in writing as soon thereafter as
possible. Such notification shall include the Grantee’s emergency contact phone
number for the corresponding response activity. The City may commence
emergency response work, at any time, without prior written notice to the Grantee,
but shall notify the Grantee in writing as promptly as possible under the
circumstances. Grantee will reimburse the City for the City’s actual cost of
performing emergency response work.
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Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 7 of 17
Section 8. Damages to City and Third-Party Property
Grantee agrees that if any of its actions under this Franchise impairs or
damages any property, Grantee will restore, at its own cost and expense, the
property to a safe condition. Upon returning property to a safe condition, the
property shall then be returned to the condition it was in immediately prior to being
damaged (if the safe condition of the property is not the same as that which existed
prior to damage). Such repair work 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 application for a permit to construct or repair
Grantee Facilities under this Franchise shall have preference as to positioning and
location with respect to the Grantee Facilities. However, to the extent that the
Grantee Facilities are completed and installed prior to another telecommunication
or utility operator’s or carrier’s submittal of a permit for new or additional structures,
equipment, appurtenances or tangible property, then the Grantee Facilities shall
have priority. These rules governing preference shall continue in the event of the
necessity of relocating or changing the grade of any City road or right-of-way. A
relocating utility shall not necessitate the relocation of another utility that otherwise
would not require relocation. This Section shall not apply to any City facilities or
utilities that may in the future require the relocation of Grantee Facilities. Such
relocations shall be governed by Section 11.
B. Grantee shall maintain a minimum underground horizontal
separation of five (5) feet from City water, sanitary sewer and storm sewer facilities
and ten (10) feet from above-ground City water facilities. For development of new
areas, the City, in consultation with Grantee and other telecommunication and
utility purveyors or authorized users of the Rights-of-Way, will develop guidelines
and procedures for determining specific telecommunications and utility locations.
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested by the City to coordinate municipal functions with Grantee’s
activities and fulfill any municipal obligations under state law. This information
shall include, at a minimum, as-built drawings of Grantee Facilities, including
installation inventory, and maps and plans showing the location of existing Grantee
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Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 8 of 17
Facilities and planned Grantee Facilities(to the extent that maps and plans
showing planned facilities are available) within the Rights of Way. This information
may be requested either in hard copy or electronic format, compatible with the
City’s data base system, as now or hereinafter exist s, including the City’s
Geographic Information System (GIS) data base. Upon the City’s request, Grantee
shall inform the City of its long range plans for installation, if such p lans are
available, so that the City may coordinate any future development with Grantee’s
proposed designs. If such plans are not immediately available, are not finalized,
or are proprietary in nature, then Grantee is under no obligation to provide such
information to the City. Should the Grantee fail, for any reason, to provide
information regarding its long range plans or planned Grantee Facilities upon the
City’s request, then the City is under no obligation to coordinate with, account for
or authorize their facilities in future Right-of-Way projects or the City’s long range
plans.
B. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City; however,
nothing in this Section shall be construed to require Grantee to disclose proprietary
or confidential information without adequate safeguards to protect the confidential
or proprietary nature of the information. Accordingly, in the event the City receives
a public records request under applicable state or federal law, the City agrees to
notify the Grantee of such request related to the Grantee, and to give the Grantee
ten (10) working days to obtain an injunction prohibiting the release of the records.
C. Grantee shall defend, indemnify and hold the City harmless for any
loss or liability for fines, penalties, and costs (including attorneys’ fees) imposed
on the City because of non-disclosures requested by Grantee under Washington’s
public records act, provided the City has notified Grantee of the pending request.
Section 11. Relocation of Grantee Facilities
A. Pursuant to Auburn City Code Chapter 13 and Chapter 20 as
currently written or as amended in the future, except as otherwise so required by
law, Grantee agrees to relocate, remove, or reroute its facilities as ordered by the
City Engineer at no expense or liability to the City, except as may be required by
RCW Chapter 35.99. Pursuant to the provisions of Section 14, Grantee agrees to
protect and save harmless the City from any customer or third -party claims for
service interruption or other losses in connection with any such change, relocation,
abandonment, or vacation of the Public Right-of-Way.
B. If securement, adjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the City, that party shall pay the
Grantee the actual costs.
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Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 9 of 17
Section 12. Abandonment and or Removal of Grantee Facilities
A. Within one hundred and eighty days (180) of Grantee’s permanent
cessation of use of all or a portion of the Grantee Facilities, the Grantee shall, at
the City’s discretion, either abandon in place or remove the affected facilities.
B. Grantee may ask the City in writing to abandon, in whole or in part,
all or any part of the Grantee Facilities. Any plan for abandonment of Grantee
Facilities must be approved in writing by the City, which approval shall not be
unreasonably withheld.
C. The parties expressly agree that this Section shall survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City’s
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
B. Subject to applicable law addressing the undergrounding of
telecommunication facilities, whenever the City requires the undergrounding of
aerial utilities in the Franchise Area, the Grantee shall underground the Grantee
Facilities, in the manner specified by the City Engineer at no expense or liability to
the City, except as may be required by RCW Chapter 35.99. W here other utilities
are present and involved in the undergrounding project, Grantee shall only be
required to pay its fair share of common costs borne by all utilities, in addition to
the costs specifically attributable to the undergrounding of Grantee Facilities.
Common costs shall include necessary costs for common trenching and utility
vaults. Fair share shall be determined in comparison to the total number and size
of all other utility facilities being undergrounded.
Section 14. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the City and its
officers, officials, agents, contractors and employees, and volunteers harmless
from any and all costs, claims, injuries, damages, losses, suits, or liabilities
including attorneys’ fees arising out of or in connection with the Grantee’s
performance (including Grantee’s agents’ or representatives’ performances) under
this Franchise, except to the extent such costs, claims, injuries, damages, losses,
suits, or liabilities are caused or contributed to by the negligence or willful
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Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 10 of 17
misconduct of the City or its officers, officials, agents and employees. Should a
court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent
negligence of the Grantee and the City, its officers, officials or employees, and
volunteers, the Grantee's liability hereunder shall be only to the extent of the
Grantee's negligence.
B. The Grantee shall hold the City harmless from any liability arising out
of or in connection with any damage or loss to the Grantee Facilities caused by
maintenance and/or construction work performed by, or on behalf of, the City within
the Franchise Area or any other City road, right-of-way, or other property, except
to the extent any such damage or loss is directly caused by the negligence or willful
misconduct of the City, or its employees, contractors and agents performing such
work.
C. The Grantee acknowledges that neither the City nor any other public
agency with responsibility for firefighting, emergency rescue, public safety or
similar duties within the City has the capability to provide trench, close trench or
confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the provision
of such services with regard to work performed by or at the direction of Grantee.
The Grantee shall hold the City harmless from any liability arising out of or in
connection with any damage or loss to the Grantee for the City’s failure or inability
to provide such services, and, pursuant to the terms of Section 14(A), the Grantee
shall indemnify the City against any and all third -party costs, claims, injuries,
damages, losses, suits, or liabilities based on the City’s failure or inability to provide
such services.
D. Acceptance by the City of any work performed by the Grantee shall
not be grounds for avoidance of this section.
E. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantee’s waiver of immunity under
Industrial Insurance, Title 51 RCW , solely for the purposes of indemnity claims
made by the City against Grantee or claims made by Grantee’s employees directly
against the City. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this
Agreement.
Section 15. Insurance
A. The Grantee shall procure and maintain for the duration of th is
Franchise, insurance against claims for injuries to persons or damage to property
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Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 11 of 17
which may arise from or in connection with the performance of the work hereunder
by the Grantee, its officers, officials, and employees in the amounts and types set
forth below:
1. Commercial Automobile Liability insurance covering all
owned, non-owned, hired, and leased vehicles with a combined single limit for
bodily injury and property damage of $1,000,000.00 per accident including
contractual liability. Coverage shall be written on Insurance Services Office (ISO)
form CA 00 01, or a substitute form used by Grantee, so long as it provides
equivalent liability coverage.
2. Commercial General Liability insurance with limits of
$5,000,000.00 each occurrence for bodily injury and property damage and,
$5,000,000.00 general aggregate including $5,000,000.00 products-completed
operations aggregate limit, premises-operations, independent contractors,
products-completed operations, personal injury and advertising injury and
contractual liability assumed under an insured contract. There shall be no
exclusion for liability arising from explosion, collapse, or underground property
damage. The City shall be named as an additional insured as their interest may
appear under the Grantee’s Commercial General Liability insurance policy with
respect to the work performed under this Franchise by means of a blanket
additional insured endorsement using ISO Additional Insured Endorsement for
Ongoing Operations, CG 20 10 10 01 and Additional Insured Completed
Operations Endorsement, CG 20 37 10 01, or substitute endorsements utilized by
Grantee providing equivalent coverage.
3. Professional Liability insurance with limits of $1,000,000.00
per claim and aggregate covering the negligence , acts, errors, and/or omissions
of Grantee in the performance of professional services under this Franchise.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. The insurance policies shall:
1. Provide that the Grantee’s insurance coverage shall be
primary insurance as respects the City. Any insurance, self -insurance, or
insurance pool coverage maintained by the City shall be in excess of the Grantee’s
insurance and shall not contribute with it.
2. Upon receipt of appropriate notice from its insurer(s), Grantee
shall provide the City with thirty (30) days prior written notice of cancellation of any
of the insurance policies required herein.
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Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 12 of 17
C. Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A:VII.
D. Verification of Coverage. Grantee shall furnish the City with
documentation of insurer’s A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the
blanket additional insured endorsements evidencing the insurance requirements
of Grantee before commencement of the work.
E. Grantee shall not have the right to self -insure any of the above
required insurance at any time throughout the life of this Franchise Agreement or
the life of the Grantee’s Facilities, unless Grantee and City enter into an
amendment to this Franchise that provides otherwise. Further, any successors,
assignees, transferees, contractors, agents or representatives of the Grantee shall
not have the right to self -insure any of the above required insurance at any time
throughout the life of this Franchise Agreement or the life of the Facilities.
F. Grantee’s maintenance of insurance as required by this Franchise
shall not be construed to limit the liability of Grantee to the coverage provided by
such insurance, or otherwise limit the City’s recourse to any remedy to which the
City is otherwise entitled at law or in equity.
Section 16. Performance Security
The Grantee shall provide the City with a bond or financial guarantee in the amount
of Fifty Thousand Dollars ($50,000.00) running for, or renewable for, the term of
this Franchise, in a form and substance acceptable to the City, for all of the Grantee
Facilities in the City. If Grantee fails to substantially comply with any one or more
of the provisions of this Franchise, the City shall recover jointly and severally from
the Grantee, bond or any surety of such financial guarantee, any actual and direct
damages suffered by City as a result thereof, including but not limited to staff time,
material and equipment costs and the cost of removal or abandonment of facilities.
Grantee specifically agrees that its failure to comply with the terms of Section 19
shall constitute a material breach of this Franchise. Such a bond or financial
guarantee shall not be construed to limit the Grantee’s liability to the guarantee
amount, or otherwise limit the City’s recourse to any remedy to which the City is
otherwise entitled at law or in equity.
Section 17. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors, assigns, and independent
contractors of the Grantee, and all rights and privileges, as well as all obligations
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Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 13 of 17
and liabilities of the Grantee shall inure to its successors, assignees and
contractors equally.
B. This Franchise shall not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (1) Complete information setting forth the nature, term and
conditions of the proposed assignment or transfer; (2) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (3) An application fee which shall be set by the City, plus any other
costs actually and reasonably incurred by the City in processing, and investigating
the proposed assignment or transfer.
D. Prior to the City’s consideration of a request by Grantee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee shall
file with the City a written promise to unconditionally accept all terms of the
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor’s sta te of
compliance and failure of the City to insist on full compliance prior to transfer does
not waive any right to insist on full compliance thereafter.
E. Transactions between affiliated entities are not exempt fr om the
required City approval. Grantee shall promptly notify the City in writing prior to any
proposed change in, or transfer of, or acquisition by any other party of control of
the Grantee’s company. Notification shall include those items set out in subsection
17.C (1) through (3) herein above.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising by
reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to achieve
a resolution of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this manner,
either party may then pursue any available judicial remedies. This Franchise shall
be governed by and construed in accordance with the la ws of the State of
Washington. In the event any suit, arbitration, or other proceeding is instituted to
enforce any term of this Agreement, the parties specifically understand and agree
Page 77 of 101
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Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 14 of 17
that venue shall be exclusively in King County, Washington. The prevailing party
in any such action shall be entitled to its attorneys’ fees and costs of suit, which
shall be fixed by the judge hearing the case, and such fees shall be included in the
judgment.
Section 19. Enforcement and Remedies
A. If the Grantee shall willfully violate, or fail to comply with any of the
provisions of this Franchise through negligence, or should it fail to heed or comply
with any notice given to Grantee under the provisions of this Agreement, the City
may, at its discretion, provide Grantee with written notice to cure the breach within
thirty (30) days of receipt of written notification. If the parties determine the breach
cannot be cured within thirty days, the City may specify a longer cure period, and
condition the extension of time on Grantee’s submittal of a plan to cure the breach
within the specified period, commencement of work within the original thirty-day
cure period, and diligent prosecution of the work to completion. If the breach is not
cured within the specified time, or the Grantee does not comply with the specified
conditions, the City may, at its discretion, either (1) revoke the Franchise with no
further notification, or (2) claim damages of Two Hundred Fifty Dollars ($250.00)
per day against the bond or financial guarantee set forth in Section 16 for every
day after the expiration of the cure period that the breach is not cured .
B. Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities, and Grantee Services, the City
reserves the right to cancel this Franchise and require the Grantee to apply for,
obtain, and comply with all applicable City permits, franchises, or other City
permissions for such actions, and if the Grantee’s actions are not allowed under
applicable federal and state or City laws, to compel Grantee to cease such actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Grantee shall comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with federal
laws and regulations, affecting performance under this Franchise (collectively,
“Laws”). Furthermore, notwithstanding any other terms of this Agreement
appearing to the contrary, the Grantee shall be subject to the police power of the
City to adopt and enforce general ordinances necessary to protect the safety and
welfare of the general public in relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any hereafter enacted, amended, or adopted federal or state statute or
regulation relating to the public health, safety, and welfare, or relating to roadway
regulation, or a City Ordinance enacted pursuant to such federal or state statute
Page 78 of 101
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Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 15 of 17
or regulation upon providing Grantee with thirty (30) days written notice of its action
setting forth the full text of the amendment and identifying the statute, regulation,
or ordinance requiring the amendment. The amendment shall become
automatically effective upon expiration of the notice period unless, before
expiration of that period, the Grantee makes a written call for negotiations over the
terms of the amendment. If the parties do not reach agreement as to the terms of
the amendment within thirty (30) days or within such other timeframe as
determined by the City, of the call for negotiations, the City may enact the proposed
amendment, by incorporating the Grantee’s concerns to the maximum extent the
City deems possible.
C. The City may terminate this Franchise upon thirty (30) days written notice
to the Grantee, if the Grantee fails to comply with such amendment or modification.
The City shall retract its notice of termination if the City determines that the Grantee
is in compliance with the amendment or modification within such 30 -day period.
The City may grant longer than the 30-days to comply if the Grantee provides
notice to the City of its intent to comply and can demonstrate good-faith efforts to
reach compliance to the satisfaction of the City.
Section 21. License, Fees, Tax and Other Charges
Grantee shall pay promptly and before they become delinquent , all fees and
charges for all applicable permits, licenses and construction approvals imposed by
the City for Grantee’s permitted use of the Grantee Facilities within the Rights-of-
Way. This Franchise shall not exempt the Grantee from any future license, fee,
tax, or charge, which the City may hereinafter adopt pursuant to authority granted
to it under state or federal law for revenue or as reimbursement for use and
occupancy of the Franchise Area.
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event shall
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
shall remain in effect.
Section 24. Titles
The section titles are for reference only and should not be used for the
purpose of interpreting this Franchise.
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Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 16 of 17
Section 25. Implementation.
The Mayor is authorized to implement such administrative procedures as
may be necessary to carry out the directions of this Franchise.
Section 26. Effective date.
This Ordinance shall take effect and be in force five days from and after its
passage, approval and publication as provided by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
__________________________
Steven L. Gross, City Attorney
Published: _________________
Page 80 of 101
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Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 17 of 17
Exhibit A
STATEMENT OF ACCEPTANCE
Seattle SMSA Limited Partnership, a Delaware limited partnership, d/b/a Verizon
Wireless, 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.
SEATTLE SMSA LIMITED PARTNERSHIP
d/b/a Verizon Wireless
By: Cellco Partnership, its General Partner
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 2019, before me the undersigned, a Notary Public
in and for the State of __________, duly commissioned and sworn, personally appeared,
__________________ of Cellco Partnership, General Partner of Seattle SMSA Limited
Partnership, a Delaware limited partnership, d/b/a Verizon Wireless 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 81 of 101
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6726 (Gaub)
Date:
August 13, 2019
Department:
Public Works
Attachments:
Ordinance No. 6726
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council introduce and adopt Ordinance No. 6726.
Background Summary:
Ordinance 6726 authorizes a revision to Auburn City Code Chapter 3.12, Public
Contracts. The ordinance includes a modification to contract authorities and processes for the
Limited Public Works Process to be consistent with current RCW’s.
Staff recommends that City Code 3.12.100 be amended to match the bid limit authorities to
be in line with State competitive bid limits.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:August 19, 2019 Item Number:ORD.B
Page 82 of 101
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Ordinance No. 6726
June 19, 2019
Page 1 of 2 Rev. 2018
ORDINANCE NO. 6726
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO THE LIMITED
PUBLIC WORKS PROCESS AND AMENDING SECTION
3.12.100 OF THE AUBURN CITY CODE
WHEREAS, the Chapter 3.12 of the Auburn City Code sets forth the City’s
procedures and requirements related to public contracting; and
WHEREAS, the Washington State Legislature amended the small works roster
contract procedures for limited public works processes during the 2019 legislative session
and it is necessary to amend the City Code consistent with the statutory revisions; and
WHEREAS, the City finds it is advantageous to make the limited public works
process as flexible as would be permitted under state law and to accommodate
contracting needs that fall below the level of required competitive bidding; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amending City Code Section. Section 3.12.100 to the Auburn City
Code is amended to read as shown in Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives 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 of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Page 83 of 101
--------------------------------
Ordinance No. 6726
June 19, 2019
Page 2 of 2 Rev. 2018
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
Published: ___________________
Page 84 of 101
EXHIBIT A
3.12.100 Limited Public Works Process
If the estimated cost of a work, construction, alteration, repair, or improvement project is
estimated to cost less than $35,000, or does not exceed the current statutory limit in
RCW 39.04.155(3), the city may award such a contract using the limited public works
process provided under RCW 39.04.155(3)..
Public works projects awarded under the limited public works process are exempt from
the other requirements of the small works process provided under ACC 3.12.090.
For limited public works projects, the city shall solicit electronic or written quotations
from a minimum of three contractors from the appropriate small works roster and shall
award the contract to the lowest responsible bidder, as defined u nder RCW 39.04.010
and 39.04.350, and ACC 3.12.0150. After an award is made, the quotations shall be
open to public inspection and available by electronic request.
For limited public works projects, the city may waive the payment and performance
bond requirements of Chapter 39.08 RCW and the retainage requirements of Chapter
60.28 RCW, thereby assuming the liability for the contractor’s nonpayment of laborers,
mechanics, subcontractors, materialmen, suppliers, and taxes, increases, and penalties
imposed under RCW Titles 50, 51, and 82 RCW that may be due from the contractor for
the limited public works project. However, the city shall have the right of recovery
against the contractor for any payments made on the contractor’s behalf.
The city shall maintain a list of the contractors contacted and the contracts awarded
during the previous 24 months under the limited public works process, including the
name of the contractor, the contractor’s registration number, the amount of the contract,
a brief description of the type of work performed, and the date the contract was
awarded. (Ord. 6545 § 1, 2014; Ord. 5866 § 1, 2004. Formerly 3.12.036.)
Page 85 of 101
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5450 (Thomas)
Date:
August 13, 2019
Department:
Finance
Attachments:
Res olution 5450
Attachment A - LGIP Inves tment Form
Prospectus
Budget Impact:
Administrativ e Recommendation:
City Council to approve Resolution No. 5450
Background Summary:
Resolution No. 5046, which was approved on April 21, 2014, designated Finance Director
Shelley Coleman as the City’s “authorized individual” to authorize all amendments, changes,
or alterations to the Washington State Local Government Investment Pool (LGIP)
Authorization Form including the designation of other individuals to make contributions and
withdrawals on behalf of the City of Auburn.
With her recent retirement, the City is required to provide the LGIP with a Resolution which
designates the current “authorized individual.” At the time Resolution No. 5046 was adopted,
the LGIP required the “authorized individual” to be cited by name. The LGIP has since
dropped that requirement and now permits authorization at the position title level.
Accordingly, the attached Resolution designates the Finance Director as the City of Auburn
“authorized individual.”
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:August 19, 2019 Item Number:RES.A
Page 86 of 101
--------------------------------
Resolution No. 5450
August 7, 2019
Page 1 of 3
RESOLUTION NO. 5450
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE
CONTRIBUTION AND WITHDRAWAL OF CITY MONIES IN
THE STATE OF WASHINGTON LOCAL GOVERNMENT
INVESTMENT POOL
WHEREAS, in 1986, the Legislature created the Local Government Investment
Pool (“LGIP”) for the contribution and withdrawal of money by an authorized governmental
entity for purposes of investment by the Office of the State Treasurer; and
WHEREAS, the City has contributed funds available for investment in the LGIP;
and
WHEREAS, the City must authorize contributions and withdrawals by Resolution;
and
WHEREAS, designees appointed by the City to contribute and withdraw City funds
have received and read a copy of the prospectus and understand the risks and limitations
of investing in the LGIP.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The City Council authorizes the contribution and withdrawal of City
monies in the LGIP in the manner prescribed by law, rule, and prospectus.
Section 2. The City Council approves the Local Government Investment Pool
Transaction Authorization Form (Form) as completed by the Finance Director.
Section 3. The City Council designates the Finance Director, as the “authorized
individual” to authorize all amendments, changes, or alterations to the Form or any other
Page 87 of 101
--------------------------------
Resolution No. 5450
August 7, 2019
Page 2 of 3
documentation, including the designation of other individuals to make contributions and
withdrawals on behalf of the City of Auburn.
Section 4. This delegation ends on written notice, by any method set forth in the
prospectus, of the governing body that the authorized individual has been terminated or
that the individual’s delegation has been revoked. The Office of the State Treasurer will
rely solely on the City of Auburn to provide notice of such revocation and is entitled to rely
on the authorized individual’s instructions until such time as said notice has been
provided.
Section 5. The Form will remain in effect after revocation of the authorized
individual’s delegated authority, except that the authorized individual whose delegation
has been terminated shall not be permitted to make further withdrawals or contributions
to the LGIP on behalf of the City of Auburn. No amendments, changes, or alterations
shall be made to the Form or any other documentation until the City passes a new
resolution naming a new authorized individual.
Section 6. The City Council acknowledges that it has received, read, and
understood the prospectus as provided by the Office of the State Treasurer. In addition,
the City Council agrees that a copy of the prospectus will be provided to any person
delegated or otherwise authorized to make contributions or withdrawals into or out of the
LGIP and that said individuals will be required to read the prospectus prior to making any
withdrawals or contributions or any further withdrawals or contributions if authorizations
are already in place.
Section 7. The Mayor or designee is authorized to submit the Form on behalf of
the City of Auburn.
Page 88 of 101
--------------------------------
Resolution No. 5450
August 7, 2019
Page 3 of 3
Section 8. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 9. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this _____ day of _________________, 2019.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
Page 89 of 101
Page 1 of 2
Please fill out this form completely, including any existing information, as this form will replace the previous form.
Entity Name:
Mailing Address:
Statement Delivery Options: ☐EMAIL: ______________________________ ☐ FAX: ___________________________ ☐ BOTH
Note: Statements can only be emailed to ONE address due to system restrictions
Bank account where funds will be wired when a withdrawal is requested.
(Note: Funds will not be transferred to any account other than listed)
ACH Authorization: ☐Yes ☐No
Account Type: ☐Checking ☐ Savings ☐ General Ledger
By selecting “Yes” and by signing this form, I hereby authorize the WA Local Government Investment Pool to
initiate credit entries to the account listed above. I acknowledge that the origination of ACH transactions to our
account must comply with the provisions of U.S. law.
Persons authorized to make deposits and withdrawals for entity listed above.
Name: Title: Phone Number: Signature:
Online TM$ Access: ☐ Yes ☐ No
If you selected yes, please complete the online section on page 2
If you selected no, skip the online access section
Bank Name:
Branch Location:
Bank Routing Number:
Accounting Number:
Account Name:
ATTACHMENT A
LOCAL GOVERNMENT INVESTMENT POOL AUTHORIZATION FORM
Page 90 of 101
Page 2 of 2
TM$ Online Web Access
Note: Only complete this section if anyone wishes to have online access. Each Full access LGIP person must also be listed
on the Transaction Authorization Form. [Please do not fill out the greyed-out areas]
Service Type: Account Type: OST Staff
Name: Add Delete Modify No
Change Full View
Only UserID App Date
Email: ☐☐☐☐☐☐
Name: Add Delete Modify No
Change Full View
Only UserID App Date
Email: ☐☐☐☐☐☐
Name: Add Delete Modify No
Change Full View
Only UserID App Date
Email: ☐☐☐☐☐☐
Name: Add Delete Modify No
Change Full View
Only UserID App Date
Email: ☐☐☐☐☐☐
Name: Add Delete Modify No
Change Full View
Only UserID App Date
Email: ☐☐☐☐☐☐
Name: Add Delete Modify No
Change Full View
Only UserID App Date
Email: ☐☐☐☐☐☐
Name: Add Delete Modify No
Change Full View
Only UserID App Date
Email: ☐☐☐☐☐☐
By signing below, I certify I am authorized to represent the institution/agency for the purpose of this transaction.
(Authorized Signature) (Title) (Date)
(Print Authorized Name) (E-mail address) (Phone no.)
Any changes to these instructions must be submitted in writing to the Office of the State Treasurer.
OFFICE OF THE STATE TREASURER
STACI.ASHE@TRE.WA.GOV
PHONE: (360) 902-9017
FAX: (360) 902-9044
Date Received: _____ / _____ / _____
Account Number: __________
OK’d by: _______________
(For OST use only) 04/26/19
.
Sta te of Washington ) Co unty of ) SS.
Si gned or attested before me by
Da ted this ___ day of ___________, 20___.
Signature of Notary
SEAL OR STAMP
Typed or printed name of Notary
Notary Public in and for the State of Wash.
My appointment expires:
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