HomeMy WebLinkAbout11-01-2021 City Council Agenda (2)City Council Meeting
Nov ember 1, 2021 - 7:00 P M
City Hall Council Chambers and Virtual
A GE NDA
Watch the meeting L I V E !
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I .C AL L T O O RD E R
I I .P UB L I C PART I C IPAT IO N
1.Public Participation
T he Auburn City Council Meeting scheduled for Monday, November 1, 2021 at
7:00 p.m. will be held in person and virtually.
Virtual P articipation L ink:
To attend the meeting virtually please click one of the below links, enter the
meeting I D into the Z oom app, or call into the meeting at the phone number listed
below. The link to the Virtual Meeting is:
Z oom: hps://us06web.zoom.us/j/83093526064
T he public can also view the meeting on YouTube:
https://www.youtube.com/user/watchauburn/live/?nomobile=1
To join the meeting by phone, please use the below call-in information:
253 215 8782
877 853 5257 (Toll Free)
Webinar I D: 830 9352 6064
A .P ledge of Allegiance
B .Roll Call
I 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 .P roclamation - Native A merican Heritage Month
Mayor Backus to proclaim November 2021 as "Native American Heritage Month" in the
City of Auburn
I V.AG E ND A M O D I F IC AT I O NS
V.NE W B US I NE S S
Page 1 of 64
V I .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
1.Public Hearing I n P erson or Virtual P articipation
Any interested person is invited to attend the public meeting or submit written
comments regarding the 2021-2022 Mid-Biennial Budget Amendment, the 2022
Property Tax L evy or the 2022 Annual Action P lan for the Community
Development B lock Grant Program. A ll written comments must be received prior
to 5:00 p.m. on November 1, 2021.
Please mail comments to:
City of A uburn
Attn: Shawn Campbell, City Clerk
25 W Main S t
Auburn, WA 98001
Please fax comments to:
Attn: Shawn Campbell, City Clerk
F ax number: 253-804-3116
Email comments to:
publiccomment@auburnwa.gov
2.2021-2022 Mid-Biennial Budget Amendment P ublic
Hearing
Public Hearing #1 - 2021-2022 Mid-B iennial B udget A mendment
Public Hearing #2 - 2022 Property Tax L evy
3.Public Hearing for the 2022 Community Development
Block Grant Annual Action P lan
City Council to hold a Public Hearing for the proposed 2022 Community
Development B lock Grant A nnual A ction Plan
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.T he public can participate in-person or submit written
comments in advance.
Participants can submit written comments via mail, fax or email. A ll written
comments must be received prior to 5:00 p.m. on the day of the scheduled
meeting and must be 350 words or less.
Please mail comments to:
City of A uburn
Attn: Shawn Campbell, City Clerk
25 W Main S t
Auburn, WA 98001
Page 2 of 64
Please fax comments to:
Attn: Shawn Campbell, City Clerk
F ax number: 253-804-3116
Email comments to:
publiccomment@auburnwa.gov
C.Correspondence - (T here is no correspondence for Council review.)
V I 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 B aggett)
V I 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 October 11, 2021 Study Session
B .Minutes of the October 18, 2021 Regular City Council Meeting
C.Claims Vouchers (Thomas)
Claim voucher list dated November 1, 2021 which includes voucher numbers 465404
through 465612 in the amount of $1,321,903.49 and five wire transfers in the amount of
$274,824.49
D.P ayroll Vouchers (T homas)
P ayroll check numbers 539212 through 539215 in the amount of $526,865.09,
electronic deposit transmissions in the amount of $2,160,708.45, and a special payroll
electronic deposit in the amount of $1,545.14, for a grand total of $2,689,118.68 for
the period covering October 14, 2021 to October 26, 2021 are approved for payment
this 1st, day of November, 2021
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
I X.UNF INIS HE D B US I NE S S
X .O RD INANC E S
A .Ordinance No. 6836 (T homas)
A n Ordinance amending Ordinance No. 6794, the 2021-2022 B iennial Operating
B udget Ordinance, and Ordinance No. 6796, the 2021-2022 Biennial Capital Budget,
as amended by Ordinance No. 6815, as amended by Ordinance No. 6827, authorizing
amendment to the City of A uburn 2021-2022 Budget as set forth in S chedule “A” and
S chedule “B”
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6836.)
Page 3 of 64
X I .RE S O L UT IO NS
A .Resolution No. 5629 (Gaub)
A Resolution authorizing the Mayor to execute a right of entry and site access
agreement between the City of Auburn and the Washington State Department of
Transportation relating to the Mill Creek Ditch
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5629.)
B .Resolution No. 5630 (Caillier)
A Resolution declaring an A uburn P olice Department canine as surplus property and
approving its transfer to a purchaser by contract
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5630.)
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 4 of 64
AGENDA BILL APPROVAL FORM
Agenda Subject:
2021-2022 Mid-Biennial Budget Amendment Public Hearing
Date:
October 27, 2021
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Administrativ e Recommendation:
City Council to conduct a public hearing on November 1, 2021 to receive public comments,
proposals and suggestions with regard to the 2021-2022 Mid-Biennial Budget Amendment
and the 2022 Property Tax Levy, including revenue estimates and possible increases in
property taxes.
Background for Motion:
Background Summary:
This is the initial public hearing providing an opportunity for any citizens to make comments,
proposals, and suggestions regarding the 2021-2022 Mid-Biennial Budget Amendment and
the 2022 Property Tax Levy. Additional hearings will be held prior to the adoption of the Mid-
Biennial Budget Amendment.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:November 1, 2021 Item Number:PH.2
Page 5 of 64
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for the 2022 Community Development Block
Grant Annual Action Plan
Date:
October 25, 2021
Department:
Community Development
Attachments:
2022 NPH CDBG Final
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to hold a Public Hearing for the City of Auburn’s Community Development Block
Grant 2022 Annual Action Plan
Background for Motion:
Background Summary:
The City of Auburn’s Community Development Block Grant (CDBG) Citizen Participation Plan
requires Public Hearings to be held at two key stages of the Annual Action Planning process
– prior to development to gain input on what should be included, and after the Action Plan has
been drafted. The City of Auburn Human Services Committee held an initial Public Hearing
during their September 27, 2021 meeting. The City Council will hold a Public Hearing for the
proposed 2022 CDBG Annual Action Plan.
The proposed 2022 Annual Action Plan is a requirement for the Department of Housing and
Urban Development's CDBG Program. The Action Plan describes housing and community
development needs as well as proposed activities to address those needs. The Action Plan
will reflect all public comments received. The Action Plan brings together the planning and
funding recommendations for human services, neighborhood revitalization and capital
improvements funded by the Community Development Block Grant program. A public
comment period was held for responses to the draft Plan from October 1, 2021 – November
1, 2021.
The draft plan is posted on the City’s Community Services Division webpage, the Speak Up
Auburn webpage, and written copies are available upon request.
Rev iewed by Council Committees:
Councilmember:Staff:Tate
Meeting Date:November 1, 2021 Item Number:PH.3
Page 6 of 64
Page 7 of 64
CITY OF AUBURN
NOTICE OF PUBLIC HEARING AND PUBLIC COMMENTS SOUGHT REGARDING
THE 2022 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM
Auburn, Washington ⎯ The City Council will conduct a public hearing in the Auburn City
Hall Council Chambers, 25 West Main Street, on Monday, November 1, 2021 at 7:00 p.m. or
soon thereafter. The purpose of this public hearing is to solicit public comments on the 2022
CDBG Annual Action Plan prior to its submission of the plan to U.S. Department of Housing
and Urban Development (HUD).
The proposed 2022 Annual Action Plan is a requirement for the Department of Housing and
Urban Development's (HUD) Community Development Block Grant (CDBG) Program. The
Action Plan describes housing and community development needs as well as activities to address
those needs. The Action Plan brings together the planning and funding recommendations for
human services, neighborhood revitalization and capital improvements funded by the
Community Development Block Grant program. The Plan includes project descriptions,
recommended funding and proposed accomplishments for the 2022 program year.
In accordance with 24 CFR 91 of HUD, the City of Auburn solicits comments and public review
for its 2022 Community Development Block Grant (CDBG) program.
Copies of the Consolidated Plan and the 2022 Action Plan are available, at no charge, from the
City of Auburn's Community Services Department located at 25 W. Main Street, Auburn, 98001.
It is also posted on the City’s website at www.auburnwa.gov/communityservices.
The deadline for the consideration of written comments and/or suggestions is Monday,
November 1, 2021; they may be addressed to Joy Scott with Auburn’s Community Services at
the above address, faxed to (253) 288-3132, or emailed to jfscott@auburnwa.gov. Comments can
also be submitted online, at www.speakupauburn.org/cdbg. Interested residents may also offer
oral comments at the City Council public hearing on Monday, November 1, 2021.
The public hearing will be held in person and virtually. To join from a PC, Mac, iPad, iPhone or
Android device:
Please visit this URL to join. https://us06web.zoom.us/j/83093526064
Or join by phone:
253 215 8782
877 853 5257 (Toll Free)
Webinar ID: 830 9352 6064
Non-English speaking residents with speech, sight, or hearing impairments who wish to review
the documents or comment at the public hearing should contact the Auburn Department of
Community Development. Each request will be considered individually according to the type of
assistance required, the availability of resources, and the financial ability of the City to provide
accommodation.
Page 8 of 64
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the October 11, 2021 Study Session
Date:
October 25, 2021
Department:
City Council
Attachments:
10-11-2021 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:November 1, 2021 Item Number:CA.A
Page 9 of 64
City Council Study Session Finance,
Technology and Economic Dev elopment
Special Focus Area
October 11, 2021 - 5:30 P M
Virtual
MINUT E S
Watch the meeting L I V E !
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I .C A L L TO O R D E R
Deputy Mayor DaCorsi called the meeting to order at 5:30 p.m.
I I .V I RT UA L PA RT I C I PAT I O N L I NK
A .Virtual Participation L ink
The City Council Meeting was held virtually.
B .Roll Call
Councilmembers virtually present: Deputy Mayor Claude DaCorsi, B ob
B aggett, L arry Brown, J ames J eyaraj, Robyn Mulenga, Chris S tearns and
Yolanda Trout-Manuel.
Mayor Nancy Backus, I nnovation and Technical Support S pecialist Danika
Olson and City Clerk S hawn Campbell were in Chambers.
The following department directors and staff members attended the
meeting virtually: City Attorney Kendra Comeau, Director of P ublic Works
I ngrid Gaub, Director of Community Development J eff Tate, Director of
I nnovation and Technology David Travis, Chief of Police Mark Caillier,
Community Services Manager J oy S cott, Real E state Manager J osh
A rndt, P arks P lanning and Development Manager J amie Kelly and
A ssistant Director of I nnovation and Technology A shley Riggs.
I 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
There were no announcements, reports or presentations.
I V.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 .Regional Homelessness Authority – S ub-Regional P lanning Update (Tate)(20 Minutes)
S taff from the King County Regional Homelessness Authority will provide an update on
progress related to the S ub-Regional Homelessness plan
Page 1 of 3Page 10 of 64
Director Tate introduced A lexis Mercedes Rinck and Paul Tan from S outh
K ing County Regional Homelessness A uthority. T hey provided Council an
update on the Regional Homelessness Authority's S ub-Regional planning.
They reviewed; defined sub-regions, regional engagement, engagement
pathways, the feedback from providers, service types by sub-region,
funding and investment and the "Centering L ived Experience". T hey also
reviewed the revised timeline for the final Sub-Regional Plan.
Council discussed funding from the other jurisdictions that are part of the
Regional Homelessness Authority, the homelessness drivers, equity in
funding, engagement with encampments and the number of homeless in
our region.
B .Resolution No. 5615 (Faber/Comeau)(10 Minutes)
A Resolution authorizing the Mayor to execute a contract for purchase and sale
between the City of Auburn and Diamond J . I nvestments, L L C for Real Property
City Attorney Comeau introduced Resolution No. 5615 and Resolution No.
5616. Manager Kelly provided Council a history of the property and the
grant funding for the purchase, he explained the area is a wetland.
Manager A rndt provided Council with the general description of the
property for both Resolution No. 5615 and 5616 and reviewed the
purpose of the land acquisitions.
Council discussed improvements to Mill Creek as an off channel habitat
and other wetland improvements.
C.Resolution No. 5616 (Faber/Comeau)(10 Minutes)
A Resolution authorizing the Mayor to execute a contract for purchase and sale
between the City of Auburn and Kent-Yi Company for Real P roperty
S ee Resolution No. 5615 for discussion.
D.Resolution No. 5624 (Caillier)(15 Minutes)
A Resolution (1) authorizing the Mayor to sign a contract with Axon E nterprise, I nc., for
P olice Body Worn Cameras and related equipment, and (2) allocating A R PA funds
toward the contract purchase
Chief Caillier provided Council with an update on the proposals received to
purchase officer body worn cameras and related equipment.
Council discussed what equipment is included in the proposal and contract
from Axon E nterprise, I nc.
V.F I NA NC E, T E C HNO L O G Y A ND E C O NO MI C D E V E L O P ME NT D I S C US S I O N I T E MS
A .Resolution No. 5617 (Comeau)(10 Minutes)
A Resolution authorizing the Mayor to execute a contract for the sale of City owned
Real Property to B ridge Acquisition, L L C
City Attorney Comeau introduced Resolution No. 5617. Manager A rndt
Page 2 of 3Page 11 of 64
provided Council with the property and transaction details for the proposed
purchase.
Council discussed the properties wetland status and development
requirements for wetlands.
B .Resolution No. 5621 (Comeau)(10 Minutes)
A Resolution declaring certain Real P roperty as surplus, and authorizing the Mayor to
execute a contract for the sale of surplus Real Property to the Valley Regional F ire
A uthority
City Attorney Comeau presented Resolution No. 5621. Manager Arndt
presented the proposed surplus and sale of the property and the
transaction details.
Council discussed the right-of-way dedication.
V I .O T HE R D I S C US S I O N I T E MS
Councilmember Mulenga asked about a City S trategic Plan and Council's
S trategic Plan.
Councilmember S terns wished everyone a happy I ndigenous Peoples' Day.
V I I .NE W B US I NE S S
There was no new business.
V I I I .A D J O UR NME NT
There being no further business to come before the Council, the meeting was
adjourned at 6:47 p.m.
A P P R O V E D this 1st day of November, 2021.
_______________________________ ______________________
C L A UD E D A C O R S I , 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 3 of 3Page 12 of 64
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the October 18, 2021 Regular City Council Meeting
Date:
October 25, 2021
Department:
City Council
Attachments:
10-18-2021 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:November 1, 2021 Item Number:CA.B
Page 13 of 64
City Council Meeting
October 18, 2021 - 7:00 P M
City Hall Council Chambers and Virtual
MINUT E S
Watch the meeting L I V E !
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I .C AL L T O O RD E R
I I .P UB L I C PART I C IPAT IO N
1.Public Participation
T he City Council Meeting was held in person and virtually.
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet and led those
in attendance in the Pledge of Allegiance.
B .Roll Call
Councilmembers virtually present: Deputy Mayor Claude DaCorsi, B ob
B aggett, L arry Brown, J ames J eyaraj, Robyn Mulenga, Chris S tearns and
Yolanda Trout-Manuel.
Mayor Nancy Backus, Director of I nnovation and Technology David Travis,
Chief of Police Mark Caillier, I nnovation and Technical S upport Specialist
Danika Olson and Deputy City Clerk Teresa Mattingly were in Chambers.
The following department directors and staff members attended the
meeting virtually: City Attorney Kendra Comeau, Director of P ublic Works
I ngrid Gaub, Director of P arks, A rts, and Recreation Daryl Faber, Director
of Finance J amie Thomas, Real Estate Manager J osh A rndt, Community
S ervices Manager J oy Scott and A ssistant Director of I nnovation and
Technology A shley Riggs.
I 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
There were no announcements, proclamations or presentations.
I V.AG E ND A M O D I F IC AT I O NS
There were no modifications to the agenda.
Page 1 of 5Page 14 of 64
V.NE W B US I NE S S
There was no new business.
V I .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
1.Public Hearing I n P erson or Virtual P articipation
2.Public Hearing for S ale of Real Property
City Council to hold a public hearing to consider the sale of City owned real
property located at 302 L und Rd to Bridge A cquisition, L L C
Mayor B ackus opened the public hearing at 7:03 p.m.
Council discussed B ridge Acquisition, L L C.
Virginia Haugen, 2503 R St S E
Ms. Haugen discussed submitting a public records request regarding
the surplus and sale of the two properties.
T here were no written comments received.
Mayor B ackus closed the public hearing at 7:06 p.m.
3.Public Hearing Date for Declaring Real Property Surplus
City Council to hold a public hearing to consider declaring a portion of real
property at 1101 D S treet NE as surplus
Mayor B ackus opened the public hearing at 7:06 p.m. No written
comments were received and no one came forward to speak, she
closed the hearing.
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.T he public can participate in-person or submit written
comments in advance.
Virginia Haugen, 2503 R S t S E
Ms. Haugen expressed her concerns about the Governor I nslee's
mandate to wear masks and not being able to recycle them.
C.Correspondence
There was no correspondence for Council to review.
Page 2 of 5Page 15 of 64
V I 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 B aggett)
Councilmember B aggett, Chair of the Finance ad hoc committee,
reported he and Councilmember J eyaraj have reviewed the claims
and payroll vouchers described on the agenda this evening and
recommended their approval.
V I 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 October 4, 2021 Regular Council Meeting
B .S et a P ublic Hearing for the 2022 Community Development
B lock Grant A nnual A ction Plan (Tate)
City Council to set a P ublic Hearing date for the City of Auburn’s Community
Development Block Grant 2022 A nnual A ction Plan
C.S et Public Hearings for the 2021-2022 B iennial B udget
(Thomas)
City Council to set public Hearing Dates for the 2021-2022 Biennial Budget
D.Claims Vouchers (Thomas)
Claim voucher list dated October 18, 2021 which includes voucher numbers 465197
through 465403 in the amount of $5,235,671.71 and three wire transfers in the amount
of $1,061.435.82
E .P ayroll Vouchers (T homas)
P ayroll check numbers 539205 through 539211 in the amount of $76,005.99,
electronic deposit transmissions in the amount of $2,383,668.11, and a draw for check
number 539204 in the amount of $300.00 for a grand total of $2,459,974.10 for the
period covering S eptember 24, 2021 to October 13, 2021 are approved for payment
this 18th, day of October, 2021
Deputy Mayor DaCorsi moved and Councilmember Trout-Manuel
seconded to approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
I X.UNF INIS HE D B US I NE S S
There was no unfinished business.
Page 3 of 5Page 16 of 64
X .RE S O L UT IO NS
A .Resolution No. 5617 (Comeau)
A Resolution authorizing the Mayor to execute a contract for the sale of City owned
Real Property to B ridge Acquisition, L L C
Councilmember J eyaraj moved and Councilmember Mulenga seconded to
adopt Resolution No. 5617.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
B .Resolution No. 5620 (Comeau)
A Resolution amending the City of A uburn Fee S chedule to adjust for 2021 fees
Councilmember S tearns moved and Councilmember B rown seconded to
adopt Resolution No. 5620.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
C.Resolution No. 5621 (Comeau)
A Resolution declaring certain Real P roperty as surplus, and authorizing the Mayor to
execute a contract for the sale of surplus Real Property to the Valley Regional F ire
A uthority
Councilmember B rown moved and Councilmember S tearns seconded to
adopt Resolution No. 5621.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
D.Resolution No. 5624 (Caillier)
A Resolution (1) authorizing the Mayor to sign a contract with Axon E nterprise, I nc., for
P olice Body Worn Cameras and related equipment, and (2) allocating A R PA funds
toward the contract purchase
Councilmember J eyaraj moved and Deputy Mayor DaCorsi seconded to
adopt Resolution No. 5624.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
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 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
Deputy Mayor DaCorsi reported he attended the P uget S ound Regional
Council Growth Management P olicy Board meeting.
Page 4 of 5Page 17 of 64
Councilmember S tearns reported he attended the K ing County-Cities
Climate Collaboration (K4C) E lected Officials Work S ession and the
Regional Water Quality Committee Caucus.
Councilmember J eyaraj reported he attended the Sound Cities
A ssociation (S C A) E quity and I nclusion Cabinet meeting.
B .From the M ayor
Mayor Backus reported she attended the City of Auburn October Town Hall
Meeting and a meeting with Mayor A rmondo P avone, Mayor J im Ferrell,
Mayor Dana Ralph and local legislators from the 30th and 47th Districts.
X I I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
was adjourned at 7:28 p.m.
A P P R O V E D this 1st day of November, 2021.
____________________________ ____________________________
NA NC Y B A C K US, MAYO R Teresa Mattingly, Deputy 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 5 of 5Page 18 of 64
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Thomas)
Date:
October 25, 2021
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers.
Background for Motion:
Background Summary:
Claim voucher list dated November 1, 2021 which includes voucher numbers 465404 through
465612 in the amount of $1,321,903.49 and five wire transfers in the amount of $274,824.49.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:November 1, 2021 Item Number:CA.C
Page 19 of 64
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Thomas)
Date:
October 25, 2021
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Payroll Vouchers.
Background for Motion:
Background Summary:
Payroll check numbers 539212 through 539215 in the amount of $526,865.09, electronic
deposit transmissions in the amount of $2,160,708.45, and a special payroll electronic
deposit in the amount of $1,545.14, for a grand total of $2,689,118.68 for the period covering
October 14, 2021 to October 26, 2021 are approved for payment this 1st, day of November,
2021.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:November 1, 2021 Item Number:CA.D
Page 20 of 64
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6836 (Thomas)
Date:
October 27, 2021
Department:
Finance
Attachments:
Memo
Ordinance No. 6836
Schedule A
Schedule B
Budget Impact:
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6836.
Background for Motion:
Budget Amendment #3 will adjust the 2021 budget to account for new revenue sources not
previously budgeted; allow for transfers between operating funds and capital funds for
previously approved capital projects; increase the budget for certain existing programs; and
increase the budget for new programs, which includes adding 4 new Full Time Employees
(FTEs) and 3 new Limited Term Employees (LTEs).
Background Summary:
Ordinance No. 6836 (Budget Amendment #3) amends the 2021-2022 revised budget as
presented in the attached transmittal memorandum and supporting attachments.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:November 1, 2021 Item Number:ORD.A
Page 21 of 64
Interoffice Memorandum
To: City Council
From: Jamie Thomas, Finance Director
CC: Nancy Backus, Mayor
Date: October 12, 2021
Re: Ordinance No. 6836 – 2021-2022 Budget Amendment #3
Budget Amendment #3 is the third amendment of the City of Auburn’s 2021-2022 biennial budget
and final amendment for the 2021 budget. The purpose of this budget amendment is to adjust for
the following:
1. Revenue Adjustments: these include new/increased revenue related to grant awards,
other new funding, and reallocation of revenues between funds;
2. Capital Fund Transfers: transfers from operating to capital funds to provide budget for
previously approved capital projects in prior years;
3. Funding Adjustments: to increase, decrease, or otherwise adjust budget authority for
previously approved programs; and
4. New Requests: new programs, projects, purchases, and FTEs that have not been
previously approved by Council.
Below is a summary of the proposed amendments. For additional detail, Schedule A, Summary of
2021 Budget Adjustments by Fund, breaks down each request and its relative impact to each fund.
Revenue Adjustments: This amendment recognizes new grants and updated revenue projections.
The total adjustment in this category is $8.6 million and includes:
• Add one-time state assistance for unfunded local government
police reform mandates (General Fund) $ 331,500
• Receive American Rescue Plan Act (ARPA) revenues (Fund 106) 7,375,600
• Community Development Block Grants (Fund 119) 180,400
• Increase solid waste revenues and hauler charges (Fund 434) 500,000
Page 22 of 64
Capital Fund Transfers: This budget amendment provides funding for current and future
capital projects by transferring monies among funds. These transfers include moving cash
reserves from enterprise operating funds to the associated capital funds; e.g., $1.5 million
from the Water Operating Fund (F430) to the Water Capital Fund (F460), as well as the
transfer of $726,600 in parks impacts fees for application to the Arts & Culture Center
renovation project. The total requested adjustment in this category is $2.3 million.
Funding Adjustments: Funding adjustment requests included in this budget amendment
increase or decrease spending authority for existing programs. The total net requested
adjustment in this category is $0.2 million, and includes:
• Reduce budget for hangar projects that had been planned to be bond-funded: This
request would eliminate planned revenue bond proceeds by $3.8 million, associated
debt service and issuance costs, and $2.75 million in capital expenditures (Fund 435).
• Increase utility tax expenditures: This amendment would add $2.1 million in utility tax
expenditures due to the Council-adopted increase in City utility taxes from 7% to 10%
in Ordinance No. 6801 (Funds 430, 431, 432, and 434).
• Increase budget for SCORE: This request would add $830,000 to the 2021 budget for
increased SCORE costs due to revenue losses the jail has incurred resulting from
decreased jail population as a consequence of the pandemic and recent legislative
action (General Fund).
New Requests: New funding requests total $1.8 million and include:
• Expenditures to provide support for body cameras (ARPA and SB1592 funded): This
amendment would authorize four new FTEs in the Legal Department and fund the 2021
portion of an annual contract for body camera hardware and software for the Police
Department (General Fund).
• New Limited Term Employee (LTE) – Recruitment Coordinator: This new position would
help address the high turnover rate and rehiring of temporary, volunteer, and seasonal
employees to support re-opening of City-wide programs . The request is for Council
approval of the LTE position. All costs incurred in 2021 will be absorbed within the existing
Human Resources Department budget; however, salary and benefit costs will be incurred
in 2022 (General Fund).
Page 23 of 64
• New Limited Term Employee (LTE) – Grants Coordinator (ARPA funded): This new position
would help assist with the documentation, reporting, and audit support required by the
receipt of ARPA funds in 2021. The request is for Council approval of the LTE position. All
costs incurred in 2021 will be absorbed within the existing Finance Department budget;
however, salary and benefit costs will be incurred in 2022 through 2024. ARPA funds will
be used to cover these costs (General Fund).
• New Limited Term Employee (LTE) – Accounting Specialist: This new position would help
the Finance Department reconcile unbilled and past due accounts receivable accounts and
get billing up to date. The request is for Council approval of the LTE position. All costs
incurred in 2021 will be absorbed within the existing Finance Department budget;
however, salary and benefit costs will be incurred in 2022 (General Fund).
• Budget for a Utility Assistance Program (ARPA funded): This amendment would add
$525,000 to help residents adversely affected by the pandemic to prevent them from
having their water shut off due to unpaid utility balances and encourage them to enter into
payment plans (Fund 430).
• Flow monitoring to identify areas of high sewer system inflow and infiltration: This
amendment would provide $181,000 to fund contracted flow monitoring of the City’s
sewer system (Fund 431).
• New Limited Term Employee (LTE) – Security Officer: This new position would provide
security at City Hall, the Annex building, and the Les Gove campus (Fund 505).
The following table summarizes the current and revised budget as a result of this
amendment.
Table 1: 2021 Budget as Amended
2021 Budget as Amended through Budget Amendment #2 $ 412,333,562
Budget Amendment #3 (Ord. #6836) 6,730,390
2021 Budget as Amended $ 419,063,952
Attachments:
Proposed Ordinance #6836 (Budget Amendment #3)
Summary of proposed 2021 budget adjustments by fund and department (Schedule A)
Summary of 2021 ending fund balance/working capital by fund (Schedule B)
Page 24 of 64
-------------------------
Ordinance No. 6836
October 20, 2021
Page 1 of 3
ORDINANCE NO. 6836
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
6794, THE 2021-2022 BIENNIAL OPERATING BUDGET
ORDINANCE, AND ORDINANCE NO. 6796, THE 2021-2022
BIENNIAL CAPITAL BUDGET, AS AMENDED BY ORDINANCE
NO. 6815, AS AMENDED BY ORDINANCE NO. 6827,
AUTHORIZING AMENDMENT TO THE CITY OF AUBURN
2021-2022 BUDGET AS SET FORTH IN SCHEDULE “A” AND
SCHEDULE “B”
WHEREAS, the Auburn City Council at its regular meeting of November 16,
2020, adopted Ordinances No. 6794 and 6796 which adopted the City of Auburn
2021-2022 Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of April 5, 2021,
adopted Ordinance No. 6815 (BA#1) which amended Ordinances No. 6794 and 6796
which adopted the City of Auburn 2021-2022 Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of July 26, 2021,
adopted Ordinance No. 6827 (BA#2) which amended Ordinance No. 6815 which
amended the City of Auburn 2021-2022 Biennial budget; and
WHEREAS, the City of Auburn deems it necessary to appropriate additional
funds to the various funds of the 2021 budget as outlined in this Ordinance (BA#3);
and
WHEREAS, this Ordinance has been approved by one more than the majority
of all councilpersons in accordance with RCW 35A.34.200.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN AS FOLLOWS:
Page 25 of 64
-------------------------
Ordinance No. 6836
October 20, 2021
Page 2 of 3
Section 1. Amendment of the 2021-2022 Biennial Budget. The 2021-
2022 Biennial Budget of the City of Auburn is amended pursuant to Chapter 35A.34
RCW, to reflect the revenues and expenditures as shown on Schedule “A” attached
hereto and incorporated herein by reference. The Mayor of the City of Auburn,
Washington is hereby authorized to utilize revenue and expenditure amounts shown
on said Schedule “A” and Schedule “B”. A copy of said Schedule “A” and Schedule
“B” is on file with the City Clerk and available for public inspection.
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.
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
Page 26 of 64
-------------------------
Ordinance No. 6836
October 20, 2021
Page 3 of 3
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Published: ___________________
Page 27 of 64
Schedule A
Summary of 2021 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6836)
2,455
Beg. Fund
Balance
2021
Revenues
2021
Expenditures
Ending Fund
Balance
General Fund (#001)
2021 Adopted Budget 19,948,152 72,870,710 82,294,077 10,524,785
Previous Budget Amendments 11,280,248 1,377,800 6,047,000 6,611,048
2021 Amended Budget 31,228,400 74,248,510 88,341,077 17,135,833
BA#3 (Ordinance #6836, Proposed):- 2,118,600 1,838,200 280,400
General Fund Revenues:
One-time state assistance for unfunded local government police reform mandates - 331,500 - 331,500
Move lease revenues from Facilities to General Fund - 107,500 - 107,500
Budget for ACRC lease revenues from the Auburn Food Bank - 32,600 - 32,600
Human Resources Department:
Vaccination incentive program (ARPA funded)- 47,500 47,500 -
Security and safety buildout of Human Resources lobby - - 25,000 (25,000)
New Limited Term Employee (LTE): Recruitment Coordinator (NO COSTS IN 2021)- - - -
Finance Department:
New Limited Term Employee (LTE): Grants Coordinator (NO COSTS IN 2021)- - - -
New Limited Term Employee (LTE): Accounting Specialist (NO COSTS IN 2021)- - - -
Police Department:
C/F unspent 2020 Coronavirus Emergency Supplemental Funding Program grant - 22,500 22,500 -
Community Development Department:
Increase budget for repairs to City-owned parking lots - - - -
001.17.558.600.49 MISCELLANEOUS (15,000)
001.98.597.100.55 OPERATING TRANSFERS OUT 15,000
SCORE:
Increase budget for SCORE operating costs (partially ARPA funded)- 800,000 830,000 (30,000)
Public Works Department:
Increase signal systems repair and maintenance budget due to crashes - - 30,000 (30,000)
Update the City's Local Road Safety Plan (LRSP)- - 50,000 (50,000)
Parks Department:
AWC Summer Experiences & Enrichment for Kids (SEEK) grant - 90,600 90,600 -
Increase Golf Pro Shop inventory and repair and operating supply budgets - 100,000 100,000 -
Streets Department:
Move funds to F102 for Roadway Channelization Refreshment project - - - -
001.42.542.300.41 PROFESSIONAL SERVICES (100,000)
001.98.597.100.55 OPERATING TRANSFERS OUT (to F102)100,000
ERROR: Detail ≠ Schedule A
Page 1 of 8 10/14/2021 12:50 PM
Page 28 of 64
Schedule A
Summary of 2021 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6836)
2,455
Beg. Fund
Balance
2021
Revenues
2021
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
City Attorney's Office:
4 New FTEs and costs for PD body camera implementation (ARPA and SB1592 funding)- 586,400 642,600 (56,200)
Revised 2021 Budget - Fund 001 31,228,400 76,367,110 90,179,277 17,416,233
Arterial Street Fund (#102)
2021 Adopted Budget 1,015,159 4,948,080 5,535,930 427,309
Previous Budget Amendments and CIP Carry-Forwards 1,268,916 3,708,523 4,847,618 129,821
2021 Amended Budget 2,284,075 8,656,603 10,383,548 557,130
BA#3 (Ordinance #6836, Proposed):- 100,000 100,000 -
Move funds to F102 for Roadway Channelization Refreshment project - 100,000 100,000 -
Revised 2021 Budget - Fund 102 2,284,075 8,756,603 10,483,548 557,130
American Rescue Plan Act Fund Fund (#106)
2021 Adopted Budget - - - -
Previous Budget Amendments - - - -
2021 Amended Budget - - - -
BA#3 (Ordinance #6836, Proposed):- 7,375,600 1,958,900 5,416,700
Receive American Rescue Plan Act (ARPA) money into new ARPA Fund - 7,375,600 - 7,375,600
4 New FTEs and costs for PD body camera implementation (ARPA and SB1592 funding)- - 586,400 (586,400)
Increase budget for SCORE operating costs (partially ARPA funded)- - 800,000 (800,000)
Vaccination incentive program (ARPA funded)- - 47,500 (47,500)
Utility Assistance Program (ARPA funded)- - 525,000 (525,000)
Revised 2021 Budget - Fund 106 - 7,375,600 1,958,900 5,416,700
Housing & Comm Develop Fund (#119)
2021 Adopted Budget 42,904 600,000 600,000 42,904
Previous Budget Amendments (579) 952,100 952,100 (579)
2021 Amended Budget 42,325 1,552,100 1,552,100 42,325
BA#3 (Ordinance #6836, Proposed):- 180,400 180,400 -
Align revenue & expenditure budgets w/ most recent CDBG and CDBG-CV awards - 180,400 180,400 -
Revised 2021 Budget - Fund 119 42,325 1,732,500 1,732,500 42,325
Page 2 of 8 10/14/2021 12:50 PM
Page 29 of 64
Schedule A
Summary of 2021 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6836)
2,455
Beg. Fund
Balance
2021
Revenues
2021
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
Mitigation Fees Fund (#124)
2021 Adopted Budget 12,420,562 1,217,560 4,265,480 9,372,642
Previous Budget Amendments and CIP Carry-Forwards 1,996,460 - 2,746,457 (749,997)
2021 Amended Budget 14,417,022 1,217,560 7,011,937 8,622,645
BA#3 (Ordinance #6836, Proposed):- - 726,600 (726,600)
Add'l funding for Arts & Culture Center renovations (funded by park impact fees)- - 726,600 (726,600)
Revised 2021 Budget - Fund 124 14,417,022 1,217,560 7,738,537 7,896,045
Parks Construction Fund (#321)
2021 Adopted Budget 819,996 3,095,800 2,883,800 1,031,996
Previous Budget Amendments and CIP Carry-Forwards 9,470 163,869 414,509 (241,170)
2021 Amended Budget 829,466 3,259,669 3,298,309 790,826
BA#3 (Ordinance #6836, Proposed):63,869 32,000 32,000 63,869
True-up 2021 beginning fund balance 63,869 - - 63,869
Construct bike park at Cedar Lanes Park (grant funded)- 32,000 32,000 -
Revised 2021 Budget - Fund 321 893,335 3,291,669 3,330,309 854,695
Capital Improvements Fund (#328)
2021 Adopted Budget 7,705,844 4,264,180 7,932,720 4,037,304
Previous Budget Amendments and CIP Carry-Forwards 2,578,483 4,702,995 4,008,767 3,272,711
2021 Amended Budget 10,284,327 8,967,175 11,941,487 7,310,015
BA#3 (Ordinance #6836, Proposed):- 481,600 726,600 (245,000)
Add'l funding for Arts & Culture Center renovations (funded by park impact fees)- 481,600 726,600 (245,000)
Revised 2021 Budget - Fund 328 10,284,327 9,448,775 12,668,087 7,065,015
Local Revitalization Fund (#330)
2021 Adopted Budget 244,000 1,000 245,000 -
Previous Budget Amendments and CIP Carry-Forwards 111,086 34,000 145,086 -
2021 Amended Budget 355,086 35,000 390,086 -
BA#3 (Ordinance #6836, Proposed):- 15,000 15,000 -
Increase budget for repairs to City-owned parking lots - 15,000 15,000 -
Revised 2021 Budget - Fund 330 355,086 50,000 405,086 -
Page 3 of 8 10/14/2021 12:50 PM
Page 30 of 64
Schedule A
Summary of 2021 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6836)
2,455
Beg. Fund
Balance
2021
Revenues
2021
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
Water Fund (#430)
2021 Adopted Budget 17,088,517 19,149,300 25,067,833 11,169,984
Previous Budget Amendments and CIP Carry-Forwards 6,540,539 - 4,698,220 1,842,319
2021 Amended Budget 23,629,056 19,149,300 29,766,053 13,012,303
BA#3 (Ordinance #6836, Proposed):2,663 525,000 2,580,900 (2,053,237)
Increase utility tax expense to reflect higher City tax rate (in Ord. #6822)- - 518,000 (518,000)
True-up 2021 beginning working capital balance 2,663 - - 2,663
Purchase brush mower for utility property and access roads - - 10,000 (10,000)
Increase budget to replace dump truck, salt spreader, and plow - - 27,900 (27,900)
Utility Assistance Program (ARPA funded)- 525,000 525,000 -
Replenish working capital balance in Water capital subfund (transfer from F430)- - 1,500,000 (1,500,000)
Revised 2021 Budget - Fund 430 23,631,719 19,674,300 32,346,953 10,959,066
Sewer Fund (#431)
2021 Adopted Budget 7,837,981 9,670,730 8,507,355 9,001,356
Previous Budget Amendments and CIP Carry-Forwards 878,126 - 29,200 848,926
2021 Amended Budget 8,716,107 9,670,730 8,536,555 9,850,282
BA#3 (Ordinance #6836, Proposed):1,190 - 1,137,100 (1,135,910)
Increase utility tax expense to reflect higher City tax rate (in Ord. #6822)- - 918,200 (918,200)
Purchase brush mower for utility property and access roads - - 10,000 (10,000)
Flow monitoring to identify areas of high sewer system inflow and infiltration - - 181,000 (181,000)
Increase budget to replace dump truck, salt spreader, and plow - - 27,900 (27,900)
True-up 2021 beginning working capital balance 1,190 - - 1,190
Revised 2021 Budget - Fund 431 8,717,297 9,670,730 9,673,655 8,714,372
Page 4 of 8 10/14/2021 12:50 PM
Page 31 of 64
Schedule A
Summary of 2021 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6836)
2,455
Beg. Fund
Balance
2021
Revenues
2021
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
Storm Drainage Fund (#432)
2021 Adopted Budget 8,943,194 10,686,150 9,366,223 10,263,121
Previous Budget Amendments and CIP Carry-Forwards 1,163,165 - 29,200 1,133,965
2021 Amended Budget 10,106,359 10,686,150 9,395,423 11,397,086
BA#3 (Ordinance #6836, Proposed):996 - 521,500 (520,504)
Increase utility tax expense to reflect higher City tax rate (in Ord. #6822)- - 333,600 (333,600)
Purchase brush mower for utility property and access roads - - 10,000 (10,000)
Stormwater Management Action Plan (SMAP) and supporting documentation - - 150,000 (150,000)
Increase budget to replace dump truck, salt spreader, and plow - - 27,900 (27,900)
True-up 2021 beginning working capital balance 996 - - 996
Revised 2021 Budget - Fund 432 10,107,355 10,686,150 9,916,923 10,876,582
Solid Waste Fund (#434)
2021 Adopted Budget 5,753,618 16,775,500 16,950,830 5,578,288
Previous Budget Amendments 174,299 - 81,000 93,299
2021 Amended Budget 5,927,917 16,775,500 17,031,830 5,671,587
BA#3 (Ordinance #6836, Proposed):- 500,000 874,600 (374,600)
Increase utility tax expense to reflect higher City tax rate (in Ord. #6822)- - 374,600 (374,600)
Incr budget and revenue for WM costs due to higher-than-expected service levels - 500,000 500,000 -
Revised 2021 Budget - Fund 434 5,927,917 17,275,500 17,906,430 5,296,987
Airport Fund (#435)
2021 Adopted Budget 810,777 5,285,700 4,487,696 1,608,781
Previous Budget Amendments 193,185 - 44,210 148,975
2021 Amended Budget 1,003,962 5,285,700 4,531,906 1,757,756
BA#3 (Ordinance #6836, Proposed):- (3,630,900) (3,008,100) (622,800)
Increase revenue and expenditure budget for aviation fuel - 180,000 120,000 60,000
Reduce budget for hangar projects that had been planned to be bond-funded - (3,810,900) (3,128,100) (682,800)
Revised 2021 Budget - Fund 435 1,003,962 1,654,800 1,523,806 1,134,956
Page 5 of 8 10/14/2021 12:50 PM
Page 32 of 64
Schedule A
Summary of 2021 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6836)
2,455
Beg. Fund
Balance
2021
Revenues
2021
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
Cemetery Fund (#436)
2021 Adopted Budget 505,802 1,203,600 1,344,820 364,582
Previous Budget Amendments 566,587 - 100,070 466,517
2021 Amended Budget 1,072,389 1,203,600 1,444,890 831,099
BA#3 (Ordinance #6836, Proposed):- - 29,400 (29,400)
Purchase riding mower for Cemetery turf care - - 29,400 (29,400)
Revised 2021 Budget - Fund 436 1,072,389 1,203,600 1,474,290 801,699
Water Capital Fund (#460)
2021 Adopted Budget 888,139 11,614,710 10,670,410 1,832,439
Previous Budget Amendments and CIP Carry-Forwards (483,857) 4,590,020 5,863,319 (1,757,156)
2021 Amended Budget 404,282 16,204,730 16,533,729 75,283
BA#3 (Ordinance #6836, Proposed):- 1,500,000 - 1,500,000
Replenish working capital balance in Water capital subfund (transfer from F430)- 1,500,000 - 1,500,000
Revised 2021 Budget - Fund 460 404,282 17,704,730 16,533,729 1,575,283
Storm Drainage Capital Fund (#462)
2021 Adopted Budget 10,569,965 838,870 4,695,700 6,713,135
Previous Budget Amendments 1,336,596 - 829,311 507,285
2021 Amended Budget 11,906,561 838,870 5,525,011 7,220,420
BA#3 (Ordinance #6836, Proposed):12,096 - - 12,096
True-up 2021 beginning working capital balance 12,096 - - 12,096
Revised 2021 Budget - Fund 462 11,918,657 838,870 5,525,011 7,232,516
Airport Capital Fund (#465)
2021 Adopted Budget 20,557 3,000,200 2,891,600 129,157
Previous Budget Amendments and CIP Carry-Forwards 140,783 (42,290) (42,290) 140,783
2021 Amended Budget 161,340 2,957,910 2,849,310 269,940
BA#3 (Ordinance #6836, Proposed):- (2,750,000) (2,750,000) -
Reduce budget for hangar projects that had been planned to be bond-funded - (2,750,000) (2,750,000) -
Revised 2021 Budget - Fund 465 161,340 207,910 99,310 269,940
Page 6 of 8 10/14/2021 12:50 PM
Page 33 of 64
Schedule A
Summary of 2021 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6836)
2,455
Beg. Fund
Balance
2021
Revenues
2021
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
Cemetery Capital Fund (#466)
2021 Adopted Budget 48,983 800 40,100 9,683
Previous Budget Amendments and CIP Carry-Forwards (40,798) 100,070 15,673 43,599
2021 Amended Budget 8,185 100,870 55,773 53,282
BA#3 (Ordinance #6836, Proposed):(2) - - (2)
True-up 2021 beginning working capital balance (2) - - (2)
Revised 2021 Budget - Fund 466 8,183 100,870 55,773 53,280
Facilities Fund (#505)
2021 Adopted Budget 986,936 3,713,100 4,076,191 623,845
Previous Budget Amendments 147,089 235,600 235,600 147,089
2021 Amended Budget 1,134,025 3,948,700 4,311,791 770,934
BA#3 (Ordinance #6836, Proposed):- (88,750) 104,600 (193,350)
Move lease revenues from Facilities to General Fund - (107,500) - (107,500)
Increase budget for Auburn Central Parking Garage - - 74,300 (74,300)
Add lease revenue for Game Farm Park - 18,750 - 18,750
New LTE: Security Officer for City Hall, Annex, and Les Gove campus - - 30,300 (30,300)
Revised 2021 Budget - Fund 505 1,134,025 3,859,950 4,416,391 577,584
Innovation & Technology Fund (#518)
2021 Adopted Budget 2,597,407 6,724,750 7,372,520 1,949,637
Previous Budget Amendments 267,252 - 141,000 126,252
2021 Amended Budget 2,864,659 6,724,750 7,513,520 2,075,889
BA#3 (Ordinance #6836, Proposed):- 14,200 14,200 -
New LTE: Security Officer for City Hall, Annex, and Les Gove campus - 3,000 3,000 -
4 New FTEs and costs for PD body camera implementation (ARPA and SB1592 funding)- 11,200 11,200 -
Revised 2021 Budget - Fund 518 2,864,659 6,738,950 7,527,720 2,075,889
Page 7 of 8 10/14/2021 12:50 PM
Page 34 of 64
Schedule A
Summary of 2021 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6836)
2,455
Beg. Fund
Balance
2021
Revenues
2021
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
Equipment Rental Capital Fund (#560)
2021 Adopted Budget 4,104,409 3,046,920 3,248,600 3,902,729
Previous Budget Amendments and CIP Carry-Forwards 376,202 329,400 1,898,790 (1,193,188)
2021 Amended Budget 4,480,611 3,376,320 5,147,390 2,709,541
BA#3 (Ordinance #6836, Proposed):133,728 143,100 143,100 133,728
True-up 2021 beginning working capital balance 133,728 - - 133,728
Purchase riding mower for Cemetery turf care - 29,400 29,400 -
Increase budget to replace dump truck, salt spreader, and plow - 83,700 83,700 -
Purchase brush mower for utility property and access roads - 30,000 30,000 -
Revised 2021 Budget - Fund 560 4,614,339 3,519,420 5,290,490 2,843,269
Grand Total - All Funds
2021 Adopted Budget 137,202,931 213,828,120 241,379,280 109,651,771
Previous Budget Amendments 38,437,106 22,865,405 44,043,189 17,259,322
2021 Amended Budget 175,640,037 236,693,525 285,422,469 126,911,093
TOTAL BA#3 (Ordinance #6836, Proposed):214,540 6,515,850 5,225,000 1,505,390
Revised 2021 Budget 175,854,577 243,209,375 290,647,469 128,416,483
419,063,952 419,063,952
Page 8 of 8 10/14/2021 12:50 PM
Page 35 of 64
Schedule B
2021 Ending Fund Balance/Working Capital
by Fund
Fund
2021
Amended
Budget
(before BA#3)
BA#3
(Ord #6836)
Revised
Budget
General Fund (#001)17,135,833 280,400 17,416,233
Arterial Street Fund (#102)557,130 - 557,130
Local Street Fund (#103)2,027,953 - 2,027,953
Hotel/Motel Tax Fund (#104)277,797 - 277,797
Arterial Street Preservation Fund (#105)1,442,653 - 1,442,653
American Rescue Plan Act Fund (#106)- 5,416,700 5,416,700
Drug Forfeiture Fund (#117)559,307 - 559,307
Housing & Comm Develop Fund (#119)42,325 - 42,325
Recreation Trails Fund (#120)89,412 - 89,412
BIA Fund (#121)135,095 - 135,095
Cumulative Reserve Fund (#122)10,681,144 - 10,681,144
Mitigation Fees Fund (#124)8,622,645 (726,600) 7,896,045
City Hall Annex 2010 A&B Bond Fund (#230)- - -
Local Revitalization 2010 C&D Bond Fund (#231)- - -
2020 LTGO A&B Refunding Bonds Fund (#232)102,828 - 102,828
SCORE Debt Service Fund (#238)- - -
LID Guarantee Fund (#249)1,686 - 1,686
LID 350 Fund (#275)2,157 - 2,157
Golf/Cemetery 2016 Refunding Fund (#276)- - -
Parks Construction Fund (#321)790,826 63,869 854,695
Capital Improvements Fund (#328)7,310,015 (245,000) 7,065,015
Local Revitalization Fund (#330)- - -
Water Fund (#430)13,012,303 (2,053,237) 10,959,066
Sewer Fund (#431)9,850,282 (1,135,910) 8,714,372
Storm Drainage Fund (#432)11,397,086 (520,504) 10,876,582
Sewer Metro Sub Fund (#433)2,842,422 - 2,842,422
Solid Waste Fund (#434)5,671,587 (374,600) 5,296,987
Airport Fund (#435)1,757,756 (622,800) 1,134,956
Cemetery Fund (#436)831,099 (29,400) 801,699
Water Capital Fund (#460)75,283 1,500,000 1,575,283
Sewer Capital Fund (#461)7,729,407 - 7,729,407
Storm Drainage Capital Fund (#462)7,220,420 12,096 7,232,516
Airport Capital Fund (#465)269,940 - 269,940
Cemetery Capital Fund (#466)53,282 (2) 53,280
Insurance Fund (#501)1,589,515 - 1,589,515
Workers' Comp Fund (#503)2,702,725 - 2,702,725
Facilities Fund (#505)770,934 (193,350) 577,584
Innovation & Technology Fund (#518)2,075,889 - 2,075,889
Equipment Rental Fund (#550)1,779,893 - 1,779,893
Equipment Rental Capital Fund (#560)2,709,541 133,728 2,843,269
IT Capital Fund (#568)500,353 - 500,353
Fire Pension Fund (#611)1,981,776 - 1,981,776
SKHHP Fund (#654)224,913 - 224,913
Cemetery Endowment Fund (#701)2,085,882 - 2,085,882
Total 126,911,093 1,505,390 128,416,483
Page 36 of 64
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5629 (Gaub)
Date:
October 20, 2021
Department:
Public Works
Attachments:
Res olution No. 5629
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5629.
Background for Motion:
This agreement grants the City the right to have a storm drainage ditch within State property
along the south side of 15th Street NW that was constructed as part of the Mill Creek 5K
Reach improvements completed by the Corp of Engineers.
Background Summary:
Resolution No. 5629 authorizes the Mayor to execute a Right of Entry and Site Access
Agreement with the Washington State Department of Transportation (WSDOT) for a ditch that
was previously constructed as part of the Mill Creek 5K Reach Improvement project. The 5K
Reach project was designed and constructed by the Corp of Engineers with the City as the
sponsoring agency. The project completed the relocation of Mill Creek south of 15th Street
NW and constructed a new fish friendly culvert under 15th Street NW. As part of the project a
new ditch was necessary to connect the drainage from the old culvert crossing of 15th Street
NW with the new culvert along 15th Street NW. It was originally envisioned that this ditch
would be located within the City’s right-of-way however, during construction it was determined
that the ditch needed to be located further south to insure slope stability for the embankment
for 15th Street NW. This required that the ditch be placed on WSDOT property with the state
approved by permit at the time. A permit condition was the completion of a maintenance
agreement between the City and the State which this agreement fulfills that permit obligation.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:November 1, 2021 Item Number:RES.A
Page 37 of 64
--------------------------------
Resolution No. 5629
October 15, 2021
Page 1 of 2 Rev. 2018
RESOLUTION NO. 5629
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A RIGHT OF ENTRY AND SITE ACCESS
AGREEMENT BETWEEN THE CITY OF AUBURN AND THE
WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION RELATING TO THE MILL CREEK
DITCH
WHEREAS, the City previously sponsored a federal project entitled the “Army
Corps, Mill Creek ‘Wetland 5K’ Stream Restoration” project that included realignment of
Mill Creek south of 15th Street NW and the construction of a new f ish passage culvert
under 15th Street NW; and,
WHEREAS, the project required excavation of a ditch along 15th Street NW from
the location of the previous culvert crossing to the new culvert crossing that was originally
planned within the existing City right-of-way; and,
WHEREAS, during construction it was determined that the ditch needed to be
located further south of the existing slope for 15th Street NW within right-of-way under the
jurisdiction of the Washington State Department of Transportation (W SDOT); and,
WHEREAS, the City secured a permit from WSDOT to complete the ditch re-
alignment work; and,
WHEREAS, a condition of the permit was to enter into a maintenance agreement
with WSDOT; and,
WHEREAS, the Right of Entry and Site Access agreement satisfies the
maintenance agreement requirement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Page 38 of 64
--------------------------------
Resolution No. 5629
October 15, 2021
Page 2 of 2 Rev. 2018
Section 1. The Mayor is authorized to execute a Right of Entry and Site Access
Agreement with the Washington State Department of Transportation related to the mill
Creek ditch, which Agreement will be in substantial conformity with the Agreement
attached as Exhibit A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this _____ day of _________________, 2021.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 39 of 64
2
GMB 1T2T
SR 167 at 15'h Street I\-W Mill Creek
MAINTENANCE, OPERATION,RIGHT OF ENTRYAND SITE ACCESS AGREEMENT
This Agreement is made and entered into between the State of Washington Depaftment of Transportation("WSDOT") and the City of Auburn, WA ("City"), collectively the "Parties" and individually the "Party."
RECITALS
The City locally sponsored a federal project entitled the "Army Corps, Mill Creek'Wetland 5K' Stream
Restoration," to include: a new alignment for portions of the stream located on City property; anew,25
foot wide fish friendly culvert under l5m Street NW located approximately 350' west of the existing Mill
Creek crossing; excavation of new channel segments; closure of the existing Mill Creek culvert at l5th
Street NW; and construction of large wood habitat features and native plantings (the "Project").
The Project required the excavation ofa ditch from the existing stream channel just upstream ofthe
existing culveft, which was closed, to run east-west over to the new stream channel and new culvert. This
feature was originally designed to be located entirely within the City's 15th Street NW right of way, but
the U.S. Corps of Engineers (the "Corps") requested that the ditch be moved (southward) from l5th StreetNW to stay further away from the toe of the slope. Pursuant to the Corps' proposal, the City excavated an
alternate ditch. A section of this alternate ditch is located within WSDOT right of way, shown
approximately in blue on Exhibit A as "Alternate Ditch Alignment in WSDOT right of way(approximate)." The entire alternate ditch, lying in part in City right of way and in part in WSDOT right
of way, is shown in detail on Exhibit B as "Alternate Ditch Alignment." Some of the water flowing
through the alternate ditch comes from State Route (SR) 167.
The City's Alternate Ditch Alignment was constructed in2016, followed by a period of plant
establishment, pursuant to a General Permit issued by WSDOT to the City, NWK-1628-AUB, as shown
in Exhibit C. That permit referenced maintenance agreement GCB 1091, which was never completed.
This maintenance agreement under a new number GMB 112l shall serve as the maintenance agreement
anticipated in the General Permit.
The Parties agree that is it necessary to describe the division of responsibility between WSDOT and the
City in the maintenance of the Alternate Ditch Alignment that falls within WSDOT right of way
hereinafter the "Alternate Ditch in WSDOT ROW."
NOW THEREFORE, pursuant to recitals above as if incorporated below, by virtue of RCW 47.28.140 and in
consideration of the terms, conditions, covenants, and performances contained in this Agreement and the attached
Exhibit A, Exhibit B and Exhibit C that are incorporated by this reference and made a parl of this Agreement, IT
IS MUTUALLY AGREED AS FOLLOWS:
RIGHT OF ENTRY
WSDOT grants to the City and its authorized agents, contractors, subcontractors, and employees, a right
of entry onto WSDOT right of way, at no cost or expense to the City, for the operation and maintenance
of the Alternate Ditch in WSDOT ROW, the approximate location of which is shown on Exhibit A and in
detail on Exhibit B.
If it should be determined by either WSDOT or the City that the Alternate Ditch in WSDOT ROW needs
to be relocated, and upon the prior mutual written agreement of WSDOT and the City to the relocation,
WSDOT grants to the City and its authorized agents, contractors, subcontractor, and/or employees, a right
3
4
1
1
1.2
WSDOT Agreement #GMB I 12l Page 1 of5
Page 40 of 64
2.
2.1
2.2
2.3
2.4
3.
3.1
of entry onto the WSDOT right of way shown in Exhibit A, and this right of entry for the purpose of
relocation shall be at no cost or expense to the City.
MAINTENANCE RESPONSIBILITIES
At the City's sole cost and expense, the City agrees to operate, maintain and/or relocate if needed in the
future the Alternate Ditch in WSDOT ROW. The City shall not be required to notify WSDOT of any
maintenance activities unless such activities require relocation. "Operate and maintain" shall include but
are not limited to, restoring the ditch to the original designed cross section, maintaining the slope and
grades, removal of obstructions and maintaining the vegetation and ensuring continued conveyance of
flows and providing for erosion control protection as originally intended. Any relocation of the Alternate
Ditch in WSDOT ROW shall be at the City's sole cost and expense and completed within a mutually
agreeable timeline. If it is determined that relocation is required, the City shall submit for approval to
WSDOT the plan for relocation. Upon WSDOT's approval of the City's plan, WSDOT will notify theCity. The City will noti$i the WSDOT Maintenance Superintendent or his/her designated representative,
by phone, no less than twenty four (24) hours prior to the scheduled relocation work.
The City's access to operate and maintain the Alternate Ditch in WSDOT ROW shall be made from 15il'
Street NW and not from the south bound on-ramp to SR 167, which is the AL2 Ramp shown on Exhibit
A.
Deficient Maintenance
In the event the City does not perform necessary maintenance for the Alternate Ditch in WSDOT ROW,
WSDOT shall notify the City of the deficiency in writing. At the sole discretion of either Pafty, an in-
person meeting may be requested to discuss maintenance and corrective actions as required. If a
deficiency cannot, with due diligence, be corrected within a period of thirty (30) calendar days of receipt
of WSDOT's written notice, the City may make a written request of WSDOT for an extension of time.
The thirty (30) calendar days to coruect the deficiency will be suspended upon WSDOT's receipt of theCity's request. WSDOT will respond to the City's request within five (5) calendar days granting or
denying the request. WSDOT will not, without good cause, deny the City's request. In the event the City
does not correct an identified deficiency within thirty (30) calendar days, or within the approved
extension of time, if any, WSDOT, in its sole discretion through the Region Maintenance Engineer, shall
correct the deficiency at the City's cost and expense. The City agrees to reimburse WSDOT for the actual
and related indirect costs of the maintenance work completed for identified deficiencies at the discretion
of the Regional Maintenance Engineer and WSDOT will invoice the City for those costs in accordance
with Section 3.
Emergency MaintenanceIf emergency maintenance work is needed and City forces are not available to perform emergency
maintenance work, for the Alternate Ditch in WSDOT ROW, WSDOT reserves the right to perform the
necessary emergency maintenance work as defined in the WSDOT Maintenance Manual M I 5-0 I . I I in
Section 1-1. The City agrees to reimburse WSDOT for the actual and related indirect costs of the
emergency maintenance work and WSDOT will invoice the City for those costs in accordance with
Section 3.
PAYMENT
In the event that WSDOT forces or its contractor performs work authorized under this Agreement,
WSDOT shall invoice the City for the actual reasonable direct and related indirect costs of the work
performed. Upon receipt of a detailed, itemized invoice from WSDOT, the City shall make payment
within sixty (60) calendar days. All sums due from the City to WSDOT and not paid within sixty (60)
calendar days of the date of invoice will bear interest at the rate of twelve percent (12%) per annum, or
the highest rate of interest allowable by law, whichever is greater; provided that, if the highest rate
WSDOT Agreement #GMB I 121 Page 2 of 5
Page 41 of 64
4.
4.1
5.
5.1
5.2
allowable by law is less than twelve percent (l2Vo), interest charged hereunder will not exceed that
amount. Interest shall be calculated from the sixty-first calendar day until the date paid. If the City
objects to all or any portion of an invoice, it shall notif WSDOT within twenty (20) calendar days from
the date of receipt and shall pay only that portion of the invoice not in dispute. WSDOT and the City
shall make every effort to settle the disputed portion, and if necessary utilize dispute resolution provided
for in Section 6.4. No interest shall be due on any portion of an invoice the City is determined not to owefollowing settlement between the Parties or completion of dispute resolution process.
TERM OF AGREEMENT
The term of this Agreement shall begin as of the date of the Parly signature last written below and shall
continue for the duration necessary for the City's operation and maintenance of the Alternate Ditch in
WSDOT ROW.
AGREEMENT REPRESENTATIVES
Any and all notification or contact pursuant to this Agreement shall reference GMB ll2l and be directed
to the Party representatives or designated representatives, as follows:
A Party may designate an alternative representative to the individual listed in section 5.1 and in this eventwill notiff the other Parly in writing, email being acceptable as ooin writing."
GENERAL PROVISIONS
Amendment: This Agreement may be modified by the mutual agreement of the Parties. Such
modifications shall not be binding unless they are in writing and signed by persons authorized to bind
each of the Parties.
Termination:6.2.1 WSDOT and the City may terminate this Agreement upon mutual written agreement with sixty
(60) calendar days written notice following completion of any relocation of the Alternative Ditch
Alignment, as shown in Exhibit A and Exhibit B, or other mutually agreed upon provisions to
provide a different conveyance of flows intended for the Alternate Ditch pursuant to Section L2
and Section 2. I . Any revision must provide for the continuation of flows from the Mill Creek
alignment prior to the "Army Corps, Mill Creek 'Wetland 5K' Stream Restoration" project and
the current Mill Creek alignment at the time of the proposed revision.
6.2.2 Any termination of this Agreement shall not prejudice any rights or obligations accrued to the
Parties prior to termination.
6.3 Indemnification and Waiver:
6.
6.1
6.2
City of Auburn Washington State Department
of Transnortation
Ingrid Gaub
Director of Public Works
City of Auburn
25 West Main Street
Auburn, WA 98001
Phone: (253) 804-3113
igaub@,auburnwa.gov
Lee Fanning
NWR
Maintenance Manager South
Washington State Department
of Transportation
15700 Dayton Ave N
Shoreline, WA 98133
Phone: (206) 440-4662
Fanninl.@wsdot.wa.sov
WSDOT Agreement #GMB I 121 Page 3 of5
Page 42 of 64
6.4
6.5
6,3.1 The City shall protect, defend, indemnify, and hold harmless WSDOT, its officers, officials,
employees, authorized agents, and/or contractors, while acting within the scope of their
employment as such, from any and all costs, claims, judgments, and/or awards of damages (both
to persons and/or property), arising out of, or in any way resulting from, the City's obligations to
be performed pursuant to the provisions of this Agreement, except for injuries and damages
caused by the sole negligence of WSDOT. Where such claims, suits, or actions result from
concurrent negligence of both Parlies, the indemnity provisions provided herein shall be valid and
enforceable only to the extent of each Party's own negligence.
6.3.2 The City agrees that its obligations under this section extend to any claim, demand and/or causeof action brought by, or on behalf of, any of its employees or agents only while performing
operation and/or maintenance of the Alternate Ditch in WSDOT ROW, as described in thisAgreement. For this purpose the City, by mutual negotiation, hereby waives with respect toWSDOT only any immunity that would otherwise be available against such claims under the
Industrial Insurance provisions in chapter 51.12 RCW.
6.3.3 WSDOT shall defend, indemnify and hold the City, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of or in connection with WSDOT's right of way interest and the conveyance of
stormwater, except for all claims, injuries, damages, losses or suits including attorney fees,
arising out of or in connection with the City's obligations to operate and maintain the AlternateDitch as defined in Section 2.1.
6.3.4 If a court of competent jurisdiction determines that this Agreement is sub.iect to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages toproperty caused by or resulting from the concument negligence of WSDOT and the City, its
officers, officials, employees, and volunteers, WSDOT's liability hereunder shall be only to the
extent of WSDOT's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes WSDOT's waiver of immunity under Industrial
Insurance. Title 5l RCW, solely for the purposes of this indemnification. This waiver has beenmutually negotiated by the parties.
6.3.5 This indemnification andlor waiver shall survive termination of this Agreement.
Disputes: In the event that a dispute arises under this Agreement, it shall be resolved as follows:WSDOT and the City agree to negotiate to resolve any issues. Should such negotiations fail to produce a
satisfactory resolution then WSDOT and the City shall each appoint a member to a dispute board, thesetwo members shall select a third board member not affiliated with either Party. The three-member board
shall conduct a dispute resolution hearing that shall be informal and unrecorded. An attempt at such
dispute resolution in compliance with aforesaid process shall be a prerequisite to the filing of anylitigation concerning the dispute. Each Party shall be responsible for its own costs and fees and agree to
share equally in the cost of the third dispute board member.
Venue: In the event either Party deems it necessary to institute legal action or proceedings to enforce anyright or obligation under this Agreement, the Parlies agree that any such action or proceedings shall be
brought in the superior coutl situated in Thurston County, Washington. The Parties further agree that
each shall be responsible for its own attorney fees and costs.
Records and Audit: All maintenance records of each Party in support of this Agreement's obligations
shall be maintained by the Party for a period of six (6) years from the date of termination of this
6.6
WSDOT Agreement #GMB I 121 Page 4 of5
Page 43 of 64
Agreement. Each Party shall have full access to and right to examine said records, during normal
business hours and as often as it deems necessary. Each Party shall be provided copies of records at no
cost upon written request. The Parties agree that the work performed herein is subject to audit by either
or both Parties and/or their designated representatives.
6.7 Severability: Should any section, term or provision of this Agreement be determined to be invalid, the
remainder of this Agreement shall not be affected and the same shall continue in full force and effect.
6.8 Calendar Dav: Calendar day means any day on the calendar including Saturday, Sunday or a legal local,
state, or federal holiday.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date last signed
below.
City of Auburn Washington State Department
of Transportation
By:By
Printed:Nancy Backus Printed: Morgan Balogh
Title: Mayor Title: Assistant Regional Administrator, Maintenance,
Northwest Region
Date:Date
Approved as to Form
City of Autrurn
Approved as to Form
Washington State Department
of Transportation
By By
Printed: Steve Gross PrintedaMaik F. Schumock
Title: City Attorney Title: Assistant Attorney General
Date Date E
WSDOT Agreement #GMB I 12l Page 5 of5
Kendra Comeau
Page 44 of 64
Exhibit A
GMB 1121
Page1of1
Alternate Ditch Alignment
in WSDOT right of way
(approximate)
Page 45 of 64
o
Exhibit B
GMB 1121
Page1of1
Page 46 of 64
Exhibit C - GMB 1121 -page 1 of 13
Page 47 of 64
7KLV3HUPLWLVLVVXHGSXUVXDQWWRWKHDSSOLFDEOHWHUPVRI5&: 5RDGVLGH8VHUV DQG5&: 6DOHRI7LPEHU
DQG5HPRYDORI1RQPDUNHWDEOH0DWHULDOV
'2&80(176121(;&/86,9(&203/,$1&(:,7+/$::25.
$FRS\RIWKLV3HUPLWPXVWEHRQWKHMREVLWHSURWHFWHGIURPWKHHOHPHQWVDWDOOWLPHVGXULQJDQ\3HUPLWWHHDFWLYLW\
FRQVWUXFWLRQRULPSURYHPHQW:RUNDVDXWKRUL]HGE\WKLV3HUPLW³:RUN´XQGHUWKLV3HUPLWVKDOOLQFOXGHWKHXVHRIWKHVWDWHRZQHG
ULJKWRIZD\DVDXWKRUL]HGKHUHLQ
7KLV3HUPLWVKDOOQRWEHGHHPHGRUKHOGWREHDQH[FOXVLYHRQHDQGVKDOOQRWSURKLELWWKH'HSDUWPHQWIURPJUDQWLQJULJKWVRIOLNH
RURWKHUQDWXUHWRRWKHUSXEOLFRUSULYDWHHQWLWLHVQRUVKDOOLWSUHYHQWWKH'HSDUWPHQWIURPXVLQJDQ\RIWKHVWDWHRZQHGKLJKZD\ULJKW
RIZD\RURWKHUSURSHUWLHVIRUWUDQVSRUWDWLRQSXUSRVHVRUDIIHFWWKH'HSDUWPHQW¶VULJKWWRIXOOVXSHUYLVLRQDQGFRQWURORYHUDOORUDQ\
SDUWRIWKHVWDWHRZQHGKLJKZD\ULJKWRIZD\RUSURSHUWLHVQRQHRIZKLFKLVKHUHE\VXUUHQGHUHG
7KH3HUPLWWHHVKDOOEHUHVSRQVLEOHIRUFRPSOLDQFHZLWKDOOIHGHUDOVWDWHDQGORFDOODZVDQGUHJXODWLRQV
8SRQDSSURYDORIWKLV3HUPLWWKH3HUPLWWHHVKDOOGLOLJHQWO\SURFHHGZLWKWKH:RUNDQGFRPSO\ZLWKDOO*HQHUDODQG6SHFLDO
SURYLVLRQVKHUHLQ
'(3$570(17127,),&$7,21 6859(<02180(176+,*+:$<6,*16)(1&(6/$1'6&$3,1*
7KH3HUPLWWHHVKDOOFRQWDFWWKH'HSDUWPHQWUHSUHVHQWDWLYH V OLVWHGLQ([KLELW$6SHFLDO3URYLVLRQVWZR ZHHNVSULRUWR
FRQGXFWLQJ:RUNWRGHWHUPLQHWKHORFDWLRQRIVXUYH\FRQWUROPRQXPHQWVZLWKLQWKHDUHDLQZKLFKWKH3HUPLWWHHZLOOEHZRUNLQJ,Q
WKHHYHQWDQ\PRQXPHQWRUULJKWRIZD\PDUNHUZLOOEHDOWHUHGGDPDJHGRUGHVWUR\HGE\WKH3HUPLWWHHWKH'HSDUWPHQWSULRUWR
3HUPLWWHH:RUNZLOOUHIHUHQFHRUUHVHWWKHPRQXPHQWRUULJKWRIZD\PDUNHU'XULQJWKH:RUNXSRQGLVFRYHU\RIDPRQXPHQWRU
ULJKWRIZD\PDUNHUWKH3HUPLWWHHVKDOOFHDVH:RUNLQWKDWDUHDDQGLPPHGLDWHO\QRWLI\WKH'HSDUWPHQWRIWKHGLVFRYHU\7KH
'HSDUWPHQWZLOOFRRUGLQDWHZLWKWKH3HUPLWWHHWRHQVXUHWKDWWKHPRQXPHQWRUULJKWRIZD\PDUNHULVUHFRUGHGRUUHSODFHG7KH
3HUPLWWHHDJUHHVWRSD\DOO'HSDUWPHQWDFWXDOGLUHFWDQGUHODWHGLQGLUHFWFRVWVDQGH[SHQVHVWRSHUIRUPPRQXPHQWRUULJKWRIZD\
PDUNHUZRUNSXUVXDQWWRWKHSURYLVLRQVRI6HFWLRQ,QYRLFHDQG3D\PHQW
,QWKHHYHQWDQ\PLOHSRVWIHQFHRUJXDUGUDLOLVORFDWHGZLWKLQWKHOLPLWVRIWKH3HUPLWWHH¶V:RUNDQGZLOOEHGLVWXUEHGGXULQJ
3HUPLWWHH:RUNWKH3HUPLWWHHDJUHHVWRFDUHIXOO\UHPRYHWKHVHKLJKZD\IDFLOLWLHVSULRUWR3HUPLWWHH:RUNDQGUHVHWRUUHSODFHWKHVH
KLJKZD\IDFLOLWLHVDIWHUWKH3HUPLWWHH:RUNWRWKH'HSDUWPHQW¶VVROHVDWLVIDFWLRQDQGDWWKHVROHFRVWRIWKH3HUPLWWHH7KH3HUPLWWHH
VKDOOQRWUHPRYHRUGLVWXUEDQ\KLJKZD\VLJQVWUDIILFFRQWUROGHYLFHVRUODQGVFDSLQJXQOHVVVSHFLILFDOO\DXWKRUL]HG
3(50,7(;7(16,21$66,*10(17$1'5(92&$7,21
7KLV3HUPLWPD\QRWEHH[WHQGHGZLWKRXWWKH'HSDUWPHQW¶VSULRUZULWWHQDSSURYDO
7KH3HUPLWWHHVKDOOQRWDVVLJQRUWUDQVIHUWKLV3HUPLWZLWKRXWWKH'HSDUWPHQW¶VSULRUZULWWHQDSSURYDO7KH3HUPLWWHH
XQGHUVWDQGVWKDWDQ\DVVLJQPHQWRUWUDQVIHUUHTXLUHVWKHDVVLJQHHRUWUDQVIHUHHWRKDYHWKHPHDQVWRDVVXPHDOOREOLJDWLRQV
GXWLHVDQGOLDELOLWLHVRIWKHWHUPVDQGFRQGLWLRQVRIWKLV3HUPLWDQGWKH3HUPLWWHHDJUHHVWRDGYLVHWKHDVVLJQHHRUWUDQVIHUHHRILWV
REOLJDWLRQWRDSSO\IRUDQXSGDWHGRUUHSODFHPHQW3HUPLWIURPWKH'HSDUWPHQW
7KLV3HUPLWLVJUDQWHGVROHO\ZLWKLQWKHGLVFUHWLRQRIWKH'HSDUWPHQW,WPD\EHUHYRNHGDWZLOODQGDWDQ\WLPHE\JLYLQJWKLUW\
FDOHQGDUGD\VZULWWHQQRWLFHWRWKH3HUPLWWHH5HYRFDWLRQVKDOODXWRPDWLFDOO\WDNHHIIHFWRQWKHWKLUW\ILUVWGD\ZLWKRXWIXUWKHU
DFWLRQE\WKH'HSDUWPHQW3HUPLWWHHDFNQRZOHGJHVDQGDJUHHVWKDWLWKDVQRGXHSURFHVVRUDSSHDOULJKWVVKRXOGWKH'HSDUWPHQW
GHFLGHIRUDQ\UHDVRQZKDWVRHYHUWRUHYRNHWKLV3HUPLW7KHUHDIWHULIWKH3HUPLWWHHKDVQRWUHPRYHGLWVIDFLOLWLHVRURWKHUZLVHIDLOV
WRUHWXUQWKHVWDWHSURSHUW\EDFNWRLWVRULJLQDOFRQGLWLRQDVVROHO\GHWHUPLQHGE\WKH'HSDUWPHQWWKH'HSDUWPHQWVKDOOSHUIRUPVXFK
ZRUNDWWKH3HUPLWWHH¶VVROHFRVWDQGH[SHQVHDQGWKH3HUPLWWHHVKDOOSD\WKH'HSDUWPHQW¶VDFWXDOGLUHFWDQGUHODWHGLQGLUHFWFRVWV
DQGH[SHQVHVIRUSHUIRUPLQJWKHZRUNSXUVXDQWWRWKHSURYLVLRQVRI6HFWLRQ,QYRLFHDQG3D\PHQW
6KRXOGWKH3HUPLWWHHEUHDFKDQ\RIWKHFRQGLWLRQVRUUHTXLUHPHQWVRIWKLV3HUPLWRUVKRXOGWKH3HUPLWWHHIDLOWRSURFHHGZLWK
GXHGLOLJHQFHDQGLQJRRGIDLWKZLWKWKH:RUNDVDXWKRUL]HGE\WKLV3HUPLWWKH'HSDUWPHQWPD\UHYRNHWKH3HUPLW7KH'HSDUWPHQW
VKDOOJLYHWKLUW\ FDOHQGDUGD\VZULWWHQQRWLFHWRWKH3HUPLWWHHDQGXSRQWKHWKLUW\ILUVWGD\WKLV3HUPLWVKDOOEHGHHPHGUHYRNHG
ZLWKRXWIXUWKHUDFWLRQE\WKH'HSDUWPHQW7KHUHDIWHULIWKH3HUPLWWHHKDVQRWUHPRYHGLWVIDFLOLWLHVRURWKHUZLVHIDLOVWRUHWXUQWKH
VWDWHSURSHUW\EDFNWRLWVRULJLQDOFRQGLWLRQDVVROHO\GHWHUPLQHGE\WKH'HSDUWPHQWWKH'HSDUWPHQWVKDOOSHUIRUPVXFKZRUNDWWKH
3HUPLWWHH¶VVROHFRVWDQGH[SHQVHDQGWKH3HUPLWWHHVKDOOSD\WKH'HSDUWPHQW¶VDFWXDOGLUHFWDQGUHODWHGLQGLUHFWFRVWVDQG
H[SHQVHVIRUSHUIRUPLQJWKHZRUNSXUVXDQWWRWKHSURYLVLRQVRI6HFWLRQ,QYRLFHDQG3D\PHQW
*HQHUDO3URYLVLRQV
1RFKDQJHVWRWKHVH*HQHUDO3URYLVLRQVPD\EHPDGHZLWKRXWIXUWKHUDSSURYDORIWKH2IILFHRIWKH$WWRUQH\
*HQHUDO
)RUP
5HYLVHG'27 3DJH3HUPLW 1:.$8%
Exhibit C - GMB 1121-page 2 of 13
Page 48 of 64
02',),&$7,212)3(50,7$1'25:25.
7KH'HSDUWPHQWPD\PRGLI\WKLV3HUPLWDWDQ\WLPHE\JLYLQJ3HUPLWWHHZULWWHQQRWLFH,IWKLV3HUPLWLVPRGLILHGWKH3HUPLWWHH
ZLOOKDYHWKLUW\ FDOHQGDUGD\VIURPWKHGDWHRIWKHZULWWHQQRWLFHWRPRGLI\WKH:RUNDVUHTXLUHGE\WKH'HSDUWPHQW,IWKH
PRGLILFDWLRQVFDQQRWEHPDGHZLWKLQWKLUW\ FDOHQGDUGD\VWKH3HUPLWWHHVKDOOUHTXHVWWKH'HSDUWPHQWLQZULWLQJGXULQJWKH
WKLUW\ FDOHQGDUGD\WLPHSHULRGIRUDQH[WHQVLRQRIWLPHLQZKLFKWRPDNHWKHPRGLILFDWLRQV$Q\H[WHQVLRQRIWLPHVKDOOEHVROHO\
ZLWKLQWKH'HSDUWPHQW¶VGLVFUHWLRQ
,IWKH3HUPLWWHHGHVLUHVWRPRGLI\WKLV3HUPLWDQGRUWKH:RUNLWVKDOOQRWLI\WKH'HSDUWPHQWUHSUHVHQWDWLYH V OLVWHGLQ([KLELW$
6SHFLDO3URYLVLRQVLQZULWLQJRIDOOSURSRVHGFKDQJHVIRUWKH'HSDUWPHQW¶VSULRUDSSURYDO7KH'HSDUWPHQWDJUHHVWRSURYLGHZULWWHQ
DFFHSWDQFHRUUHMHFWLRQRIWKHSURSRVHGFKDQJH V WRWKH3HUPLWWHHZLWKLQ7HQ EXVLQHVVGD\V
6KRXOGWKH3HUPLWWHHIDLORUUHIXVHWRFRPSO\ZLWKWKH'HSDUWPHQW¶VGLUHFWLRQSXUVXDQWWRVHFWLRQWKH'HSDUWPHQWZLOO
LPSOHPHQWVHFWLRQDQGUHYRNHWKH3HUPLW
$'',7,21$/3(50,72%/,*$7,216
7KH3HUPLWWHHVKDOOQRWH[FDYDWHRUSODFHDQ\REVWDFOHZLWKLQWKHVWDWHRZQHGKLJKZD\ULJKWRIZD\LQVXFKDPDQQHUDVWR
LQWHUIHUHZLWKWKH'HSDUWPHQW¶VFRQVWUXFWLRQRSHUDWLRQDQGPDLQWHQDQFHRIWKHVWDWHRZQHGKLJKZD\ULJKWRIZD\RUWKHSXEOLF¶V
WUDYHOWKHUHRQZLWKRXWWKH'HSDUWPHQW¶VSULRUZULWWHQDSSURYDODQGRUDVPD\EHSURYLGHGLQWKLV3HUPLW¶V6SHFLDO3URYLVLRQV
8SRQFRPSOHWLRQRIDOO:RUNWKH3HUPLWWHHVKDOOLPPHGLDWHO\UHPRYHDOOUXEELVKDQGGHEULVIURPWKHVWDWHRZQHGKLJKZD\ULJKW
RIZD\OHDYLQJWKHVWDWHRZQHGKLJKZD\ULJKWRIZD\LQDQHDWSUHVHQWDEOHDQGVDIHFRQGLWLRQWRWKH'HSDUWPHQW¶VVROH
VDWLVIDFWLRQ$Q\:RUNUHODWHGUXEELVKDQGGHEULVFOHDQXSRUDQ\QHFHVVDU\VORSHWUHDWPHQWWRUHVWRUHDQGRUSURWHFWWKHVWDWH
RZQHGULJKWRIZD\QRWGRQHZLWKLQVHYHQ FDOHQGDUGD\VRI:RUNFRPSOHWLRQXQOHVVWKH'HSDUWPHQWDSSURYHVRWKHUZLVHZLOOEH
GRQHE\WKH'HSDUWPHQWDWWKHH[SHQVHRIWKH3HUPLWWHH7KH3HUPLWWHHDJUHHVWRUHLPEXUVHWKH'HSDUWPHQW¶VDFWXDOGLUHFWDQG
UHODWHGLQGLUHFWFRVWVDQGH[SHQVHVIRUSHUIRUPLQJWKHZRUNSXUVXDQWWRWKHSURYLVLRQVRI6HFWLRQ,QYRLFHDQG3D\PHQW
7KH3HUPLWWHHDJUHHVWRPDLQWDLQDWLWVVROHH[SHQVHLWV:RUNXQGHUWKLV3HUPLWLQDPDQQHUVDWLVIDFWRU\WRWKH'HSDUWPHQWLQ
WKH'HSDUWPHQW¶VVROHGLVFUHWLRQ
,IWKH'HSDUWPHQWGHWHUPLQHVWKDWHPHUJHQF\PDLQWHQDQFHRIWKH:RUNLVUHTXLUHGWR D SURWHFWDQ\DVSHFWRIWKHVWDWH
KLJKZD\ULJKWRIZD\RU E VHFXUHWKHVDIHW\RIWKHWUDYHOLQJSXEOLFGXHWRDIDLOXUHRIWKH3HUPLWWHH¶V:RUNRULWVPDLQWHQDQFH
WKHUHRIWKH'HSDUWPHQWPD\SHUIRUPWKHHPHUJHQF\PDLQWHQDQFHZRUNZLWKRXWWKH3HUPLWWHH¶VSULRUDSSURYDODQGWKH3HUPLWWHH
DJUHHVWRUHLPEXUVHWKH'HSDUWPHQW¶VDFWXDOGLUHFWDQGUHODWHGLQGLUHFWFRVWVDQGH[SHQVHVIRUSHUIRUPLQJWKHHPHUJHQF\
PDLQWHQDQFHZRUNSXUVXDQWWRWKHSURYLVLRQVRI6HFWLRQ±,QYRLFHDQG3D\PHQW7KH'HSDUWPHQWZLOOQRWLI\WKH3HUPLWWHHRIWKH
HPHUJHQF\ZRUNSHUIRUPHGDVVRRQDVSUDFWLFDEOH
,192,&($1'3$<0(176
,IWKH'HSDUWPHQWSHUIRUPVZRUNDVSURYLGHGIRULQWKLV3HUPLWE\VWDWHIRUFHVRULWVFRQWUDFWRULQFOXGLQJEXWQRWOLPLWHGWRDQ\
PRGLILFDWLRQUHSDLUFOHDQXSRUUHPRYDORIWKH:RUNDXWKRUL]HGXQGHUWKLV3HUPLW
D 7KH'HSDUWPHQWZLOODVVLJQDUHLPEXUVDEOHDFFRXQWWRWKH3HUPLWWHHDVDPHDQVRILQYRLFLQJWKH3HUPLWWHHIRUWKHFRVWV
DVVRFLDWHGZLWK WKHZRUN
E 7KH'HSDUWPHQWZLOOSURYLGHDGHWDLOHGLQYRLFHLQFOXGLQJGLUHFWDQGUHODWHGLQGLUHFWFRVWVWRWKH3HUPLWWHHIRUWKHZRUN
SHUIRUPHGE\WKH 'HSDUWPHQWRULWVFRQWUDFWRU V DQGWKH3HUPLWWHHDJUHHVWRSD\WKH'HSDUWPHQWZLWKLQILIWHHQ FDOHQGDUGD\V
RIUHFHLSWRIDQLQYRLFH
F 7KH3HUPLWWHHDJUHHVWKDWLISD\PHQWLVQRWPDGHWRWKH'HSDUWPHQWDVKHUHLQDJUHHGWKH'HSDUWPHQWPD\FKDUJHODWH
IHHVLQWHUHVWRU UHIHUWKHGHEWWRDFROOHFWLRQDJHQF\DOOLQDFFRUGDQFHZLWK:DVKLQJWRQ6WDWH/DZ
$'',7,21$/5(48,5('3(50,76
7KH3HUPLWWHHVKDOOEHUHVSRQVLEOHIRUVHFXULQJDOOQHFHVVDU\SHUPLWVLQFOXGLQJEXWQRWOLPLWHGWRIHGHUDOVWDWHDQGORFDO
UHJXODWRU\WULEDOHQYLURQPHQWDODUFKHRORJLFDODQGUDLOURDGSHUPLWVDQGSHUPLWVIURPWKH:DVKLQJWRQ6WDWH'HSDUWPHQWRI(FRORJ\
WKH:DVKLQJWRQ6WDWH'HSDUWPHQWRI)LVKDQG:LOGOLIHDQGRUWKH86$UP\&RUSVRI(QJLQHHUVSULRUWREHJLQQLQJWKH:RUN
DXWKRUL]HGE\WKLV3HUPLW7KH3HUPLWWHHVKDOOEHUHVSRQVLEOHIRUPLWLJDWLRQPHDVXUHVZKHUHZHWODQGVKDYHEHHQGLVWXUEHGDQG
DJUHHVWKDWLWLVVROHO\UHVSRQVLEOHIRUDQ\ILQHVLPSRVHGIRUQRQFRPSOLDQFHZLWKWKHSHUPLW V FRQGLWLRQVRUIRUIDLOXUHWRREWDLQWKH
UHTXLUHGSHUPLWV,QDGGLWLRQWKH3HUPLWWHHRQEHKDOIRILWVHOIDQGLWVFRQWUDFWRUVRIILFHUVRIILFLDOVHPSOR\HHVDQGDJHQWVDJUHHV
WRLQGHPQLI\KROGKDUPOHVVDQGGHIHQGDWLWVVROHFRVWDQGH[SHQVHWKH'HSDUWPHQWDQGLWVRIILFHUVRIILFLDOVHPSOR\HHVDQG
DJHQWVIURPDQ\DQGDOOILQHVFRVWVFODLPVMXGJPHQWVDQGRUDZDUGVRIGDPDJHVWRUHJXODWRU\DJHQFLHVSHUVRQVDQGRU
SURSHUW\DULVLQJRXWRIRULQDQ\ZD\UHVXOWLQJIURPWKH3HUPLWWHH¶VIDLOXUHWR REWDLQDQ\UHTXLUHGSHUPLWIRUWKH3HUPLWWHH:RUN
RU FRPSO\ZLWKSHUPLWFRQGLWLRQV
7KH3HUPLWWHHKHUHE\FHUWLILHVWKDWLWVIDFLOLWLHVGHVFULEHGLQWKLV3HUPLWDUHLQFRPSOLDQFHZLWKWKH&OHDU=RQH*XLGHOLQHV
SXUVXDQWWR&KDSWHURIWKH'HSDUWPHQW¶V'HVLJQ0DQXDO 0 DQGDQ\UHYLVLRQVWKHUHWR
)RUP
5HYLVHG'27 3DJH3HUPLW 1:.$8%
Exhibit C - GMB 1121 -page 3 of 13
Page 49 of 64
,1'(01,),&$7,21:$,9(59(18($77251(<6)((6$1'5(/2&$7,21(0,1(17'20$,1
7KH3HUPLWWHHLWVVXFFHVVRUVDQGDVVLJQVVKDOOLQGHPQLI\GHIHQGDWLWVVROHFRVWDQGH[SHQVHDQGKROGKDUPOHVVWKH6WDWHRI
:DVKLQJWRQLWVRIILFHUVHPSOR\HHVDQGDJHQWVIURPDOOFODLPVGHPDQGVGDPDJHV ERWKWRSHUVRQVDQGRUSURSHUW\ H[SHQVHV
UHJXODWRU\ILQHVDQGRUVXLWVLQODZDQGLQHTXLW\WKDW DULVHRXWRIRUDUHLQFLGHQWWRDQ\DFWVRURPLVVLRQVRIWKH3HUPLWWHHLWV
DJHQWVFRQWUDFWRUVHPSOR\HHVLQYLWHHVDQGRUDQ\RWKHUSHUVRQLQWKHXVHRIWKHVWDWHRZQHGKLJKZD\ULJKWRIZD\DVDXWKRUL]HG
E\WKHWHUPVDQGFRQGLWLRQVRIWKLV3HUPLWRU DUHFDXVHGE\WKHEUHDFKRIDQ\RIWKHWHUPVRUFRQGLWLRQVRIWKLV3HUPLWE\WKH
3HUPLWWHHLWVVXFFHVVRUVDQGDVVLJQVDQGLWVFRQWUDFWRUVDJHQWVHPSOR\HHVLQYLWHHVDQGRUDQ\RWKHUSHUVRQ7KH3HUPLWWHHLWV
VXFFHVVRUVDQGDVVLJQVVKDOOQRWEHUHTXLUHGWRLQGHPQLI\GHIHQGRUKROGKDUPOHVVWKH6WDWHRI:DVKLQJWRQLWVRIILFHUV
HPSOR\HHVDQGRUDJHQWVLIWKHFODLPVXLWRUDFWLRQIRUGDPDJHV ERWKWRSHUVRQVDQGRUSURSHUW\ LVFDXVHGE\WKHVROHDFWVRU
RPLVVLRQVRIWKH6WDWHRI:DVKLQJWRQLWVRIILFHUVHPSOR\HHVDQGRUDJHQWV SURYLGHGWKDWLIVXFKFODLPVVXLWVRUDFWLRQVUHVXOW
IURPWKHFRQFXUUHQWQHJOLJHQFHRI D WKH6WDWHRI:DVKLQJWRQLWVRIILFHUVHPSOR\HHVDQGRUDJHQWVDQG E WKH3HUPLWWHHLWV
DJHQWVFRQWUDFWRUVHPSOR\HHVLQYLWHHVDQGRUDQ\RWKHUSHUVRQRULQYROYHVWKRVHDFWLRQVFRYHUHGE\5&:WKH
LQGHPQLW\SURYLVLRQVSURYLGHGKHUHLQVKDOOEHYDOLGDQGHQIRUFHDEOHRQO\WRWKHH[WHQWRIWKHDFWVRURPLVVLRQVRIWKH3HUPLWWHHLWV
DJHQWVFRQWUDFWRUVHPSOR\HHVLQYLWHHVDQGRUDQ\RWKHUSHUVRQ
7KH3HUPLWWHHDJUHHVWKDWLWVREOLJDWLRQVXQGHUWKLV3HUPLWH[WHQGWRDQ\FODLPGHPDQGDQGRUFDXVHRIDFWLRQEURXJKWE\RU
RQEHKDOIRIDQ\RILWVHPSOR\HHVRUDJHQWVZKLOHSHUIRUPLQJ:RUNXQGHUWKLV3HUPLWZKLOHORFDWHGRQRURIIVWDWHRZQHGKLJKZD\
ULJKWRIZD\)RUWKLVSXUSRVHWKH3HUPLWWHHE\08787$/1(*27,$7,21KHUHE\:$,9(6ZLWKUHVSHFWWRWKH6WDWHRI
:DVKLQJWRQRQO\DQ\LPPXQLW\WKDWZRXOGRWKHUZLVHEHDYDLODEOHWRLWDJDLQVWVXFKFODLPVXQGHUWKH,QGXVWULDO,QVXUDQFHSURYLVLRQV
LQFKDSWHU5&:
7KHLQGHPQLILFDWLRQDQG:$,9(5SURYLGHGIRULQVHFWLRQVDQGVKDOOVXUYLYHWKHWHUPLQDWLRQRIWKLV3HUPLW
,QWKHHYHQWWKDWWKH3HUPLWWHHRUWKH'HSDUWPHQWGHHPVLWQHFHVVDU\WRLQVWLWXWHOHJDODFWLRQRUSURFHHGLQJVWRHQIRUFHDQ\ULJKW
RUREOLJDWLRQXQGHUWKLV3HUPLWWKH3HUPLWWHHDQG'HSDUWPHQWDJUHHWKDWDQ\VXFKDFWLRQRUSURFHHGLQJVVKDOOEHEURXJKWLQWKH
VXSHULRUFRXUWVLWXDWHGLQ7KXUVWRQ&RXQW\:DVKLQJWRQ)XUWKHUWKH3HUPLWWHHDJUHHVWKDWLWVKDOOEHVROHO\UHVSRQVLEOHIRULWVRZQ
DWWRUQH\VIHHVDQGFRVWVDQGDJUHHVWKDWLWVKDOOQRWVHHNQRUEHHQWLWOHGWRUHFRYHU\RIVXFKDWWRUQH\VIHHVDQGFRVWV
121$33/,&$%,/,7<2)5(/2&$7,21$66,67$1&((0,1(17'20$,17KH3HUPLWWHHDFNQRZOHGJHVWKDWWKLV3HUPLW
GRHVQRWDWDQ\WLPHHQWLWOHWKH3HUPLWWHHLWVVXFFHVVRUVRUDVVLJQVWRDVVLVWDQFHXQGHUWKH8QLIRUP5HORFDWLRQDQG5HDO3URSHUW\
$FTXLVLWLRQ3ROLF\ FK5&: )XUWKHUWKHUHYRFDWLRQRURWKHUWHUPLQDWLRQRIWKLV3HUPLWVKDOOQRWEHGHHPHGDWDNLQJE\WKH
VWDWHXQGHUWKHODZVRIHPLQHQWGRPDLQ
)RUP
5HYLVHG'27 3DJH3HUPLW 1:.$8%
Exhibit C - GMB 1121 -page 4 of 13
Page 50 of 64
)RUP 6SHFLDO3URYLVLRQVIRU*HQHUDO3HUPLW²/LPLWHG$FFHVVRU&RXQW\ EXHIBIT ‘A’
5HY Page 1
Special Provisions General Permit Within
Counties or Limited Access Highways
General Permit No. NWK-1628-AUB
The General Permit and these Special Provisions apply to all construction items within the
DEPARTMENT’s jurisdiction and maintenance responsibility only.
Applicable provisions are denoted by ( )
1. DEPARTMENT REPRESENTATIVE/NOTICE TO PROCEED.
No work provided for herein shall be performed until the PERMITTEE is authorized by the following DEPARTMENT Representative(s):
Ed Giraud, Construction Liaison
NWR Development Services
PO Box 330310
15700 Dayton Avenue North
Seattle, WA 98133-9710
Office: 206-440-4709
Cellular: 206-940-2737
Mike Golden, Superintendent
NWR Area 4 Maintenance
26620 – 68th Avenue South
Kent, WA 98032
Office: 253-372-3900
2. PRE-CONSTRUCTION CONFERENCE.
Prior to the beginning of construction, a Pre-construction Conference shall be held at which the DEPARTMENT Representative, the
PERMITTEE Representative(s), and PERMITTEE’s Contractor shall be present.
3. PERMITTEE REPRESENTATIVE.
Should the PERMITTEE choose to perform the work outlined herein with other than his own forces, a representative of the PERMITTEE
shall be available at all times unless otherwise agreed to by the DEPARTMENT Representative. All contact between the DEPARTMENT
and the PERMITTEE’s Contractor shall be through the Representative of the PERMITTEE. Where the PERMITTEE chooses to perform
the work with its own forces, it may elect to appoint one of its own employees engaged in the construction as its representative. The
PERMITTEE at its own expense shall adequately police and supervise all work on the above described project by itself, its contractor,
subcontractor, agent and others, so as not to endanger or injure any person or property.
4. PLAN CHANGES.
• PERMITTEE CHANGE ORDER / ADDENDA.
Changes to any Approved Plan affecting the State right of way or jurisdiction must be reviewed and approved by the
DEPARTMENT prior to execution.
• DEPARTMENT REQUIRED CHANGES OR CORRECTIONS.
The DEPARTMENT reserves the right to require changes or corrections due to plan omissions or details not in conformance with
the DEPARTMENT’s Standard Specifications, Standard Plans, Design Standards, or Project Special Provisions.
5. AMERICANS WITH DISABILITIES ACT (ADA) REQUIREMENTS.
All public entities are required to follow the Americans with Disabilities Act of 1990 (ADA), regardless of funding sources. Wherever
pedestrian facilities are intended to be a part of the transportation facility, federal regulations require that those pedestrian facilities meet
ADA guidelines. All new construction or alteration of existing transportation facilities must be designed and constructed to be accessible to
and usable by persons with disabilities per Title II of the ADA (28 CFR Part 35.151) and Section 504 regulations (49 CFR Part 27.7(c)).
Neither cost nor schedule are factors in determining whether the ADA standards can be met, nor are they factors in determining the
feasibility of complying with the standard. An alteration project must be planned, designed, and constructed so that the required
accessibility improvements occur at the same time as the alteration.
The following are not considered Alteration Projects: Spot Pavement Repair, Liquid-Asphalt Sealing, Chip Seal (BST), Crack Sealing, and
Lane Restriping that does not alter the usability of the shoulder.
If there is uncertainty as to whether a project meets the definition of an Alteration Project, the STATE’s Construction Representative and
the AGENCY’s Representative shall consult with the STATE’s Regional ADA Coordinator.
If a situation is encountered where it may not be possible to fully meet the applicable accessibility requirements during alterations of
existing facilities, the STATE’s Construction Representative and the AGENCY’s Representative shall consult with the STATE’s Regional
ADA Coordinator in order to develop a workable solution to meet the accessibility requirements to the maximum extent feasible (MEF).
Exhibit C - GMB 1121 -page 5 of 13
Page 51 of 64
)RUP 6SHFLDO3URYLVLRQVIRU*HQHUDO3HUPLW²/LPLWHG$FFHVVRU&RXQW\ EXHIBIT ‘A’
5HY Page 2
6. DELAY TO DEPARTMENT CONTRACTS.
The PERMITTEE agrees to schedule the work herein referred to and perform said work in such a manner as not to delay the
DEPARTMENT’s contractor in the performance of any DEPARTMENT contract in the area. The DEPARTMENT shall in no way be held
liable for any damage to the PERMITTEE by reason of any such work by the DEPARTMENT, its agents or representatives, or by the
exercise of any rights by the DEPARTMENT upon roads, streets, public places, or structures in question.
7. ARCHAEOLOGICAL/HISTORICAL FINDINGS.
If any archaeological or historical resources are revealed in the work vicinity, the PERMITTEE shall immediately stop work, notify the
DEPARTMENT’s Representative, retain a qualified Archaeologist who shall evaluate the site, and make recommendations to the
DEPARTMENT Representative regarding the continuance of work.
8. UNSUITABLE MATERIALS.
If determined necessary by the DEPARTMENT, any unsuitable, hazardous or contaminated materials encountered during any excavation
shall be removed, disposed of properly according to current environmental regulations, and replaced to the satisfaction of the
DEPARTMENT at 100% PERMITTEE cost. The replacement material shall be free-draining and granular, or other materials as
determined by the DEPARTMENT’s Representative.
9. MATERIALS AND QUALITY ASSURANCE/QUALITY CONTROL (QA/QC).
•••• MATERIALS AND WORKMANSHIP.
All materials and workmanship shall conform to the Washington State Department of Transportation Standard Specifications for
Road, Bridge and Municipal Construction, current edition, and amendments thereto, and shall be subject to inspection by the
DEPARTMENT.
•••• MATERIALS TESTING/REPORTING OF RESULTS.
All materials testing is to be performed by the PERMITTEE, or an Independent Certified Testing Laboratory of their choice.
Copies of all test results shall be submitted to the DEPARTMENT’s Representative prior to beginning the next phase of
construction. The DEPARTMENT reserves the right to verify the test results or to perform the testing.
10. APPROVAL OF MATERIALS.
•••• REQUEST FOR APPROVAL OF MATERIALS (RAMS).
The RAM shall be prepared by the Contractor or PERMITTEE in accordance with the instructions on Form 350-071 and
submitted to the DEPARTMENT’s Construction Representative for approval before the material is incorporated into the work. All
material, including proposed Aggregate Sources, shall be listed on the RAM Form. Approval of the material does not constitute
acceptance of the material for incorporation into the Work. Additional acceptance actions as noted on the RAM need to be
completed prior to the materials being incorporated into the Work. When requesting approval of an item that requires fabrication,
both the fabricator and the manufacturer of the base material shall be identified on the RAM.
•••• QUALIFIED PRODUCTS LIST (QPL).
The most current QPL list available at the time the product is proposed for use shall be used. The QPL submittal shall be
prepared by the Contractor or PERMITTEE in accordance with the instructions in the QPL and submitted to the DEPARTMENT’s
Construction Representative prior to use. The QPL identifies the approved products, the applicable Specification Section, and
the basis for acceptance at the project level. The acceptance and use of these products is based upon additional job sampling
and/or documentation. All additional acceptance actions need to be completed prior to the material being incorporated into the
Work. Qualified products not conforming to the Specifications, not fulfilling the acceptance requirements, or improperly handled
or installed, shall be replaced at the Contractor’s expense. If there is a conflict between the QPL and the Contract, the provisions
of the Contract shall take precedence over the QPL.
The current QPL can be accessed online at (http://www.wsdot.wa.gov/biz/mats/QPL/QPL_Search.cfm).
•••• AGGREGATE SOURCE APPROVAL ASA).
All aggregates proposed for use on the project shall be from Pre-Approved WSDOT Sources. Pre-Approved Sources can be
found on the DEPARTMENT’s ASA database which contains results of WSDOT preliminary testing of aggregate sources. The
ASA database can be accessed online at the Department’s website at
(http://www.wsdot.wa.gov/biz/mats/ASA/ASASearch.cfm). This database is used by the DEPARTMENT to indicate the
approval status of these aggregate sources for applications that require preliminary testing as defined in the Contract. The ASA
‘Aggregate Source Approval Report’ identifies the currently approved applications for each aggregate source listed. The
acceptance and use of these aggregates is contingent upon additional job sampling and/or documentation. Aggregates
approved for applications on the ASA ‘Aggregate Source Approval Report’ not conforming to the Specifications, not fulfilling the
acceptance requirements, or improperly handled or installed, shall be replaced at the Contractor’s or PERMITTEE’s expense.
•••• HOT MIX ASPHALT (HMA) DESIGN.
Prior to Paving Operations, the PERMITTEE shall submit DEPARTMENT approved HMA Mix Design(s) for use on this project.
•••• QUALIFICATION OF CONCRETE SUPPLIERS.
Concrete Batch Plant Prequalification requires a certification by the National Ready Mix Concrete Association (NRMCA). A copy
of that Certificate shall be submitted to the DEPARTMENT’s Construction Representative prior to placement of cement concrete.
•••• CONCRETE MIX DESIGN.
Prior to any placement of Cement Concrete, the PERMITTEE shall submit DEPARTMENT approved Mix Design(s) for use on
this project.
•••• DRAINAGE STRUCTURES.
Only structures stamped APPROVED by the DEPARTMENT’s Fabrication Inspection Office shall be used on this project.
Exhibit C - GMB 1121 -page 6 of 13
Page 52 of 64
)RUP 6SHFLDO3URYLVLRQVIRU*HQHUDO3HUPLW²/LPLWHG$FFHVVRU&RXQW\ EXHIBIT ‘A’
5HY Page 3
11. HOT MIX ASPHALT (HMA) PAVING OPERATIONS.
•••• PERMITTED PAVING CONDITIONS.
NO PAVING OPERATIONS WILL BE PERMITTED WHEN IT IS RAINING or SNOWING. Written permission from the
DEPARTMENT’s Representative shall be required if paving operations begin before April 1st, or after October 1st. Surface
temperature limitations as per the WSDOT Standard Specifications shall be enforced.
•••• MATERIALS TRANSERING DEVICE/VEHICLE (MTD/V).
Direct transfer of HMA from the hauling equipment to the paving machine will not be allowed in the top 0.30 feet of the pavement
section of hot mix asphalt (HMA) used in traffic lanes with a depth of 0.08 feet or greater. A material transfer device or vehicle
(MTD/V) shall be used to deliver the HMA from the hauling equipment to the paving machine. HMA for pre-leveling, pavement
repair, or HMA placed in irregularly shaped and minor areas such as road approaches, tapers, and turn lanes are excluded from
this requirement. At the Contractor’s request, the DEPARTMENT’s Construction Representative may approve paving without an
MTD/V. The MTD/V shall mix the HMA after delivery by the hauling equipment and prior to laydown by the paving machine.
Mixing of the HMA shall be sufficient to obtain a uniform temperature throughout the mixture. If a windrow elevator is used, the
length of the windrow may be limited in urban areas or through intersections, at the discretion of the DEPARTMENT’s
Construction Representative.
•••• ROLLERS.
The type of rollers to be used and their relative position in the compaction sequence shall generally be the Contractor’s option,
provided the specified densities are attained. An exception shall be that pneumatic tired rollers shall be used for compaction of
the wearing course beginning October 1st of any year through March 31st of the following year. Coverage with a steel wheel
roller may precede pneumatic tired rolling. Operation of the roller shall be in accordance with the manufacturer’s
recommendations. The use of equipment that results in crushing of the aggregate will not be permitted. Rollers producing
pickup, washboard, or uneven compaction of the surface, displacement of the mixture or other undesirable results shall not be
used.
•••• JOINT SEALING.
All joints between existing and new pavement; and other cracks requiring repair shall be adequately cleaned and then sealed with
PG 67-22 Liquid Asphalt in accordance with the manufacturer’s recommendations. Filling shall be controlled to confine the
material within the crack or joint. If, in the opinion of the DEPARTMENT’s Construction Representative, the Contractor’s method of
filling results in an excessive amount of sealant on the pavement surface, filling shall be stopped and the method changed. Any
overflow shall be cleaned from the pavement surface.
12. PROJECT INSPECTION, MONITORING AND ACCEPTANCE.
• DEPARTMENT CONSTRUCTION OVERSIGHT.
All items within DEPARTMENT jurisdiction and maintenance responsibility is subject to construction oversight by the
DEPARTMENT. All contact between the DEPARTMENT and PERMITTEE’s Contractor shall be through the Representative of
the PERMITTEE.
• PERMITTEE INSPECTION.
The responsibility of the PERMITTEE for proper performance, safe conduct, and adequate policing and supervision of the project
shall not be lessened or otherwise affected by DEPARTMENT approval of plans, specifications, or work, or by the presence at
the work site of DEPARTMENT representatives, or by compliance by the PERMITTEE with any requests or recommendations
made by such representatives.
• FINAL PROJECT INSPECTION AND ACCEPTANCE.
The DEPARTMENT will not make Final Project Inspection until the physical work required per the Provisions of this Permit,
including cleanup and all extra work requested by the DEPARTMENT has been satisfactorily completed.
Upon satisfactory completion of the work involved, the DEPARTMENT agrees to provide the PERMITTEE with a Letter of
Acceptance. The Letter of Acceptance shall not waive any potential claims against the PERMITTEE and its Contractor for
defective work or materials. The DEPARTMENT reserves the right to require the PERMITTEE to remedy any and all work
deficiencies. The DEPARTMENT may withhold acceptance of work by submitting written notification to the PERMITTEE within
ninety (90) calendar days following Final Inspection. This notification shall include the reason(s) for withholding acceptance.
After the Project has been monitored for a minimum of one (1) year, the DEPARTMENT shall grant Final Project
Acceptance to the PERMITTEE, provided (1) any problems with workmanship and public safety have been resolved to the
satisfaction of the DEPARTMENT, (2) the reimbursable account has been paid in full, and (3) a complete set of As-Built Plans
and Material Acceptance Certification documents have been received by the DEPARTMENT’s Local Agency and Development
Services Office.
Final Acceptance shall not constitute acceptance of any unauthorized or defective work or material. The DEPARTMENT shall
not be barred from requiring the PERMITTEE to remove, replace, repair or dispose of any unauthorized or defective work or
material, or from recovering damages for any such work or material.
• FAILURE TO COMPLETE CONSTRUCTION OF PROJECT.
Should for any reason, the PERMITTEE decided not to complete the Project after construction has begun, the DEPARTMENT
shall determine what work must be completed to restore the State facilities and right of way to a condition and configuration that
is safe for public use. The PERMITTEE agrees that all costs associated with Permit termination, including engineering,
completing State facility and right of way restoration, and Contractor claims will be the sole responsibility of the PERMITTEE. If
the Contractor is not available to restore the State facilities and right of way, the DEPARTMENT may perform or contract to
perform, the restoration work at PERMITTEE expense. This section shall survive the termination of this Permit.
Exhibit C - GMB 1121 -page 7 of 13
Page 53 of 64
)RUP 6SHFLDO3URYLVLRQVIRU*HQHUDO3HUPLW²/LPLWHG$FFHVVRU&RXQW\ EXHIBIT ‘A’
5HY Page 4
13. PROTECTION PUBLIC AND PRIVATE PROPERTY.
The PERMITTEE shall assure that all Public and Private properties, including but not limited to, Electrical Equipment, Signs,
Guide Markers, and Survey Monuments, on or near the project is not damaged, destroyed, or removed. If any such property is
disturbed, the DEPARTMENT Representative shall be notified within eight (8) hours. Any Private or Public Property that is
damaged, removed, relocated or rendered less functional shall be replaced, repaired, or fully restored to the satisfaction of the
DEPARTMENT’s Representative. Construction shall be in conformance to the current edition of the DEPARTMENT’s Standard
Specifications, Standard Plans, Design Standards or Project Special Provisions.
14. WORKER VISIBILITY.
• FLAGGER APPAREL.
Traffic Control Supervisors, Flaggers, Spotters, and others performing Traffic Control Labor of any kind shall comply with the
following:
1) During daylight hours with clear visibility, workers shall wear a high-visibility ANSI/ ISEA 107-2010 Class 2 or 3 vest or
jacket, and hardhat meeting the high-visibility headwear requirements of WAC 296-155-305; and
2) During hours of darkness (½ hour before sunset to ½ hour after sunrise) or other low visibility conditions (snow, rain,
fog, etc.), workers shall wear a high-visibility ANSI/ISEA 107-2010 Class 2 or 3 vest or jacket, high-visibility lower
garment meeting ANSI/ISEA 107-2010 Class E, and hardhat meeting the high-visibility headwear requirements of
WAC 296-155-305.
• APPAREL – OTHER CONTRACTOR PERSONNEL.
The PERMITTEE and/or the Contractor shall require all other personnel in the DEPARTMENT owned highway right-of-way or
highway right-of-way under DEPARTMENT jurisdiction under their control (including Service Providers, Subcontractors, and
lower tier Subcontractors) that are on foot in the work zone and are exposed to vehicle traffic or construction equipment to wear
the high-visibility apparel meeting Performance Class 2 or 3 requirements of the ANSI/ISEA 107-2010 publication titled
“American National Standard for High Visibility Safety Apparel and Headwear.
15. TRAFFIC CONTROL AND PUBLIC SAFETY.
• TRAFFIC CONTROL PLANS (TCPs).
During the construction and/or maintenance of this facility, the PERMITTEE shall submit Project Specific Traffic Control Plans for
vehicular, bicycle and pedestrian/ADA traffic to the DEPARTMENT for review and approval at least ten (10) working days in
advance of the time that signing and other traffic control devices will be required. These TCP’s shall be in compliance with: (1)
M54-44 - WSDOT Work Zone Traffic Control Guidelines (http://www.wsdot.wa.gov/publications/manuals/fulltext/M54-
44/Workzone.pdf), (2) The Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways – Part 6; Chapter 6H
(http://mutcd.fhwa.dot.gov/HTM/2003r1/part6/part6h1.htm) and Washington modifications thereto.
• HAZARD PROTECTION.
All hazards to vehicular, pedestrian, and bicycle traffic shall be marked by warning signs, barricades, and lights.
• MODIFICATION OR REVOCATION OF APPROVED TRAFFIC CONTROL PLANS.
The DEPARTMENT reserves the right to modify or revoke any Traffic Control Plan at any time due to safety and operational
problems for the traveling public. All costs and time delays associated with modification or revocation shall be borne by the
PERMITTEE or its Contractor.
• PERMITTED HOURS FOR LANE CLOSURES/DEPARTMENT NOTIFICATION.
The working hours within State Highway right-of-way for this project are restricted per the Approved Traffic Control Plans. Any
extension of these hours must be requested in writing and approved prior to construction. Weekend or Holiday (including
Canadian Holidays - Skagit & Whatcom Counties) work is not permitted without written permission from the DEPARTMENT.
Ten (10) working days notification shall be given to the DEPARTMENT Representative prior to any lane closure.
• SUSPENSION OF TRAFFIC CONTROL OPERATIONS.
The DEPARTMENT reserves the right to suspend all lane closure operations due to unexpected emergencies or impediments to
the flow of traffic. All costs associated with this suspension shall be borne by the PERMITTEE or their Contractor.
• STORAGE OF EQUIPMENT AND MATERIALS.
All lanes shall be open and the shoulders shall be clear of construction equipment and materials during non-working hours. The
Work Zone Clear Zone (WZCZ) applies during working and non-working hours. The WZCZ applies only to temporary roadside
objects introduced by the Contractor’s operations and does not apply to pre-existing conditions or permanent work. Those work
operations that are actively in progress shall be in accordance with adopted and approved Traffic Control Plans, and other
Contract or Permit requirements.
During nonworking hours, equipment or materials shall not be within the WZCZ unless they are protected by permanent guardrail
or temporary concrete barrier. The use of temporary concrete barrier shall be permitted only if the DEPARTMENT approves the
installation and location.
During actual hours of work, unless protected as described above, only materials absolutely necessary to construction shall be
within the WZCZ and only construction vehicles absolutely necessary to construction shall be allowed within the WZCZ or
allowed to stop or park on the shoulder of the roadway.
The Contractor’s non-essential vehicles and employees private vehicles shall not be permitted to park within the WZCZ at any
time unless protected as described above.
Deviation from the above requirements shall not occur unless the Contractor has requested the deviation in writing, and the
DEPARTMENT has provided written approval.
Exhibit C - GMB 1121 -page 8 of 13
Page 54 of 64
)RUP 6SHFLDO3URYLVLRQVIRU*HQHUDO3HUPLW²/LPLWHG$FFHVVRU&RXQW\ EXHIBIT ‘A’
5HY Page 5
16. TRAFFIC CONTROL SUPERVISOR (Required for Large or Complex Projects: Lane Closures on Highways 40 MPH or Greater,
New Signal Construction, Signal Modifications, Roundabout Construction, Major Channelization Changes, or Night Work).
The PERMITTEE or Prime Contractor shall employ an individual or individuals to perform the duties of Full-Time Traffic Control Supervisor
(TCS), certified by the DEPARTMENT. The TCS shall be responsible for safe implementation of Approved Traffic Control Plans. The TCS
shall be present on the project whenever flagging, spotting, or other traffic control is being utilized. The TCS shall be responsible for
having a current set of approved Traffic Control Plans, Inspecting traffic control devices and nighttime lighting for proper location,
installation, message, cleanliness, and effect on the traveling public. Traffic control devices shall be inspected at least once per hour
during working hours. The TCS shall correct, or arrange to have corrected, any deficiencies noted during these inspections. The
PERMITTEE or Prime Contractor shall maintain 24-hour telephone numbers at which the TCS can be contacted and be available upon
request of the DEPARTMENT Construction Representative at other than specified working hours.
17. TRAFFIC SIGNAL CONSTRUCTION.
• DESIGN/CONSTRUCTION/INSPECTION.
The PERMITTEE shall assure that the design and construction of Traffic Signals and illumination on signal poles installed within
the DEPARTMENT highway right-of-way meets all requirements of the DEPARTMENT.
• TRAFFIC SIGNAL STANDARDS – APPROVAL
Traffic signal standards shall be furnished and installed in accordance with the methods and materials noted in the applicable
Standard Plans, pre-approved plans, or special design plans. If the proposed signal standards are not on the DEPARTMENT’s
PRE-APPROVED LIST (http://www.wsdot.wa.gov/eesc/bridge/lightsignalstandards/index.cfm), Signal Pole Shop Drawings
(Seven (7) sets of copies) shall be submitted to the DEPARTMENT’s Representative for transmittal to HQ for approval.
• ILLUMINATION DURING CONSTRUCTION.
Pre-existing illumination shall be maintained and functional at all times during construction until the new illumination is
operational.
• TEMPORARY VIDEO DETECTION SYSTEM.
If any induction loop is scheduled to be disabled, a temporary video detection system shall be completely installed and made
operational prior to any associated induction loop being disabled.
• TRAFFIC DETECTION LOOPS.
The Contractor shall notify the Area Traffic Engineer through the DEPARTMENT’s Representative a minimum of five working
days in advance of pavement removal or grinding in areas with existing loops.
All new traffic detection loops shall be installed after grinding or prior to paving the final lift of asphalt unless otherwise approved
by the DEPARTMENT’s Construction Representative.
If the DEPARTMENT’s Representative suspects that damage to any loop, not identified in the Plans as being replaced, may
have resulted from Contractor’s operations or is not operating adequately, the DEPARTMENT’s Representative may order the
Contractor to perform the field tests specified in Section 8 20.3(14)D. The test results shall be recorded and submitted to the
DEPARTMENT’s Representative. Loops that fail any of these tests shall be replaced.
Loops that fail the tests, as described above, and are replaced shall be installed in accordance with current WSDOT design
standards and Standard Plans, as determined by the DEPARTMENT’s Construction Representative.
If traffic signal loops that fail the tests, as described above, are not replaced and operational within 48 hours, the Contractor shall
install and maintain interim video detection until the replacement loops are operational. The type of interim video detection
furnished shall be approved by the DEPARTMENT’s Representative prior to installation.
• TRAFFIC SIGNAL HEADS.
Unless ordered by the DEPARTMENT’s Construction Representative, signal heads shall not be installed at any intersection until
all other signal equipment is installed and the controller is in place, inspected, and ready for operation at that intersection, except
that the signal heads may be mounted if the faces are covered with Signal Head Covering Material.
• SIGNAL HEAD COVERING.
The signal head covering material shall be manufactured from a durable fabric material, black in color with a mesh front, and
designed to fit the signal head configuration properly. The covers shall have an attachment method that will hold the cover
securely to the signal in heavy wind. The covers shall be provided with a drain to expel any accumulated water.
• TRAFFIC SIGNAL PRE-TURN-ON COORDINATION MEETING AND TESTING.
Prior to a Traffic Signal Turn-on event, the PERMITTEE/Contractor shall conduct a Pre Turn-on coordination meeting with the
following Contracting Agency personnel included as invited attendees: DEPARTMENT’s Construction Representative, Electrical
Inspector, Signal Operations Engineer, and Signal Maintenance Technician. The PERMITTEE/Contractor shall provide the
Engineer a minimum of 5 days written notice of the proposed Pre Turn-on coordination meeting date and time. Prior to the Pre
Turn-on coordination meeting, the PERMITTEE/Contractor shall complete the items of work detailed in the Traffic Signal Turn-on
Checklist and submit the completed checklist to the DEPARTMENT’s Construction Representative. The Traffic Signal Turn-on
Checklist form will be furnished to the PERMITTEE/Contractor by the DEPARTMENT’s Construction Representative.
Unless approved by the DEPARTMENT’s Construction Representative, the permitted hours for Pre-Turn-On coordination and
testing shall be per the Approved Traffic Control Plan(s) for the specific operation.
• TRAFFIC SIGNAL TURN-ON AND/OR SWITCHOVER OPERATIONS.
The PERMITTEE shall contact the DEPARTMENT’s Representative at least five (5) working days prior to scheduling a signal
turn-on in order to assure that all appropriate items of the DEPARTMENT’s “Traffic Signal Turn-On Checklist” are satisfactorily
addressed. The Pre-Turn-On and Turn-On shall not occur until all applicable Checklist items are installed and/or connected.
This Checklist can be located on the DEPARTMENT’s web site at
(http://www.wsdot.wa.gov/Northwest/DevelopmentServices/LocalAgency.htm). Go to (“What is needed to turn on a
traffic signal?”).
Exhibit C - GMB 1121 -page 9 of 13
Page 55 of 64
)RUP 6SHFLDO3URYLVLRQVIRU*HQHUDO3HUPLW²/LPLWHG$FFHVVRU&RXQW\ EXHIBIT ‘A’
5HY Page 6
Prior to scheduling a turn-on date, the PERMITTEE/Contractor shall provide verification to the DEPARTMENT’s Construction
Representative that all required testing has been satisfactorily completed.
The traffic signal turn-on procedure shall not begin until all required channelization, pavement markings, illumination, signs, and
sign lights are substantially complete and operational unless otherwise allowed by the DEPARTMENT’s Construction
Representative.
If the Contractor is directed to turn off the traffic signal, the Contractor shall schedule a new turn-on date with the Engineer in
accordance with the previously mentioned procedures.
• PERMITTED HOURS FOR SIGNAL TURN-ON AND/OR SWITCHOVER OPERATIONS.
Unless approved by the DEPARTMENT’s Construction Representative, the permitted hours for Traffic Signal Turn-on or Switch-
Over shall be per the Approved Traffic Control Plan(s) for the specific operation. Signal Switchover and Turn-On operations are
permitted only on Tuesday, Wednesday, or Thursday – except in the case of an emergency. No Switchover or Turn-On
operations will be permitted on Monday, Friday, weekends, holidays, or the day preceding a holiday.
• NEW SIGNAL AHEAD/SIGNAL REVISION WARNING SIGNING.
“NEW SIGNAL AHEAD” (W20-902) or “SIGNAL REVISION AHEAD” (W20-903)signs shall be installed in advance of all
affected directions of travel on the Project when a new traffic signal system is installed or when modifications to and existing
signal are made. The location of the signs shall be per Section 2C.05 of the MUTCD, or as directed by the DEPARTMENT’s
Construction Representative. These signs are 48” X 48” black letters on orange background, and shall be post mounted. The
bottom of the sign shall be mounted seven (7) feet above the pavement elevation. Each sign shall have three 12” by 12”
Fluorescent Orange flags or Flag Signs mounted on both sides and on top of the sign. The flags signs shall be made of
aluminum. Flags shall be made of durable cloth or plastic. The signs and flags shall stay erect for six to eight weeks or as
directed by the DEPARTMENT’s Construction Representative.
18. TRAFFIC REVISION WARNING SIGNING.
“TRAFFIC REVISION AHEAD” (W20-901) signs shall be installed in advance of all affected directions of travel on the Project when the
channelization of the highway is changed. The location of the signs shall be per Section 2C.05 of the MUTCD, or as directed by the
DEPARTMENT’s Representative. These signs are 48” X 48” black letters on orange background, and shall be post mounted. The bottom
of the sign shall be mounted seven (7) feet above the pavement elevation. Each sign shall have three 12” by 12” Fluorescent Orange flags
or Flag Signs mounted on both sides and on top of the sign. The flags signs shall be made of aluminum. Flags shall be made of durable
cloth or plastic. The signs and flags shall stay erect for six to eight weeks or as directed by the DEPARTMENT’s Construction
Representative.
19. ILLUMINATION CONSTRUCTION.
•••• DESIGN/CONSTRUCTION/INSPECTION.
The PERMITTEE shall assure that the design and construction of all illumination installed within the DEPARTMENT owned right
of way or highway right of way under DEPARTMENT jurisdiction meets all requirements of the DEPARTMENT.
•••• ILLUMINATION DURING CONSTRUCTION.
Pre-existing illumination shall be maintained and functional at all times during construction until the new illumination is
operational.
20. CHANNELIZATION PAVEMENT MARKINGS.
•••• REMOVAL.
Removal of Pavement Markings Pavement markings to be removed shall be obliterated until blemishes caused by the pavement
marking removal conform to the coloration of the adjacent pavement. Grinding to remove painted markings is only allowed prior
to application of a Bituminous Surface Treatment (BST). Grinding to remove pavement markings from hot mix asphalt and
cement concrete pavements is allowed to a depth just above the pavement surface, then water blasting or shot blasting shall be
required to remove the remaining markings. If in the opinion of the DEPARTMENT’s Construction Representative the pavement
is materially damaged by pavement marking removal, such damage shall be repaired by the Contractor in accordance with
Section 1-07.13(1). Sand or other material deposited on the pavement as a result of removing lines and markings shall be
removed as the Work progresses to avoid hazardous conditions. Accumulation of sand or other material which might interfere
with drainage will not be permitted.
•••• STRIPING/PAVEMENT MARKING APPLICATION.
Two applications of paint shall be required on all paint stripe markings as per the Contract Plans or the DEPARTMENT Standard
Specifications. Plastic Pavement markings shall be applied per the Contract Plans or the DEPARTMENT Standard
Specifications.
21. SIGN INSTALLATION AND MAINTENANCE.
All Directional, Regulatory, Parking, and Stop Signs as well as Route Markers shall be installed as per the Approved Plans, the WSDOT
Standard Plans, or as directed by the DEPARTMENT’s Representative. The DEPARTMENT shall own and maintain all signs unless the
PERMITTEE signs a Contract or Maintenance Agreement with the DEPARTMENT to perform Sign maintenance.
22. INTELLIGENT TRANSPORTATION SYSTEM CONSTRUCTION/INSPECTION.
The PERMITTEE shall assure that the construction of Intelligent Transportation Systems owned by the DEPARTMENT meets all
requirements of the DEPARTMENT.
Exhibit C - GMB 1121 -page 10 of 13
Page 56 of 64
)RUP 6SHFLDO3URYLVLRQVIRU*HQHUDO3HUPLW²/LPLWHG$FFHVVRU&RXQW\ EXHIBIT ‘A’
5HY Page 7
23. LANDSCAPING ON DEPARTMENT RIGHT OF WAY.
•••• PLANTINGS.
If the PERMITTEE desires to plant and/or cultivate any shrubs, trees, hedges, or other domestic or native ornamental growth on
the DEPARTMENT owned highway right-of-way that is more extensive than regular DEPARTMENT vegetation, the PERMITTEE
shall obtain a Roadside Vegetation Permit (DOT Form 220-018) from the DEPARTMENT for the maintenance of the plantings.
•••• IRRIGATION SYSTEMS.
If the PERMITTEE obtains a Roadside Vegetation Permit for Plantings, the PERMITTEE may be required to obtain additional
approval for permanent irrigation systems. The PERMITTEE shall be responsible for water and electrical costs.
24. EROSION CONTROL/DRAINAGE.
• BEST MANAGEMENT PRACTICES (BMPs).
During construction of this project, the GRANTEE shall comply with the Washington State Department of Transportation
Highway Runoff Manual, or DEPARTMENT-approved equivalent, and implement Best Management Practices (BMPs) as
detailed in the manual to mitigate erosion.
• WATER DISCHARGES ON THE PROJECT.
All discharges to State right of way on this project shall conform to State and Local water quality regulations and shall meet WAC
173-201A.
• DRY NATIVE SEED.
Seed of the following composition, proportion and quality shall be applied at a rate of 50 pounds per acre on disturbed areas
requiring seeding, fertilizing and mulching::
Kind and Variety of Pounds of Pure
Seed in Mixture Live Seed Per Acre
Sterile Triticale or Sterile Wheat Grass 40.0
Creeping Red Fescue (Festuca rubra ssp. rubra) 7.5
Rough Bentgrass (Agrostis scabra 2.5
TOTAL 50.0
• TRACKING OF MATERIALS AND/OR DEBRIS ONTO THE HIGHWAY.
The roadway shall be adequately cleaned immediately if tracking or spilling occurs.
25. MAINTENANCE OF LANDSCAPING.
The PERMITTEE is responsible for the maintenance of all landscaping beyond the face of the curbs (or edge of pavement) and in the
median of divided highways.
26. INTERFERANCE TO HIGHWAY DRAINAGE.
If the work done under this PERMIT interferes in any way with the drainage of the State Highway, the PERMITTEE shall wholly and at its
own expense make such provision as the DEPARTMENT may direct to deal with said drainage.
27. PIPE END TREATMENT.
All culvert pipes shall have beveled end sections and quarry spalls shall be placed around end of pipes in the bottom of the ditch, and on
the side of the slopes.
28. UTILITY COVER ELEVATION.
All manholes, valve covers, and like appurtenances shall be constructed at such an elevation to conform to the shoulder slope from the
edge of pavement or as directed by the DEPARTMENT.
Exhibit C - GMB 1121 -page 11 of 13
Page 57 of 64
"EXHIBIT B"Sheet1of1General Permit No.NWK-1628-AUBMT 0495SR 167 (MILL CREEK / 15TH STREET NW DITCH)Lorena Eng, P.E. (NW Region Administrator) PROJECT LIMITSExhibit CGMB 1121page 12 of 13Page 58 of 64
"EXHIBIT C"Sheet 1 of 1General Permit No.NWK-1628-AUBMT 0495SR 167 (MILL CREEK / 15TH STREET NW DITCH)Lorena Eng, P.E. (NW Region Administrator)Exhibit CGMB 1121page 13 of 13Page 59 of 64
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5630 (Caillier)
Date:
October 26, 2021
Department:
Police
Attachments:
Res olution 5630
Purchase and s ale agreement
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5630.
Background for Motion:
Canine Sagan exhibited behavior and temperament challenges preventing the completion of
required Criminal Justice Training Commission (CJTC) training. Without CJTC training and
certification Sagan cannot be used as a police dog. APD has determined retiring and
transferring ownership of Sagan is in the City's best interests.
Background Summary:
Resolution No. 5630 authorizes the Mayor to declare APD Canine Sagan as surplus property
and approves transfer to a purchaser by contract. Officer Alyssa Slate has fostered a
relationship with Sagan through their work with APD and desires to purchase Sagan on the terms
and conditions of the proposed agreement.
Rev iewed by Council Committees:
Municipal Services
Councilmember:Jeyaraj Staff:Caillier
Meeting Date:November 1, 2021 Item Number:RES.B
Page 60 of 64
-----------------------------
Resolution No. 5630
October 26, 2021
Page 1 of 2
RESOLUTION NO. 5630
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, DECLARING AN AUBURN POLICE
DEPARTMENT CANINE AS SURPLUS PROPERTY AND
APPROVING ITS TRANSFER TO A PURCHASER BY
CONTRACT
WHEREAS, the Auburn Police Department (APD) purchased a dog
named Sagan for use as a police canine officer, and enrolled Sagan with an
APD officer in required Criminal Justice Training Commission (CJTC) training
for certification as a police canine/handler team;
WHEREAS, during the CJTC training, Sagan exhibited behavior and
temperament challenges that prevented successful completion of the program.
Without CJTC training and certification, APD cannot use Sagan as a police dog.
Accordingly, APD has determined that retiring and transferring ownership of
Sagan is in the City’s best interests;
WHEREAS, given their work and interaction with department police
dogs, APD has a practice of giving officers the opportunity assume ownership
of police dogs that are retired from service. APD Officer Alyssa Slate has
fostered a relationship with Sagan through their work with APD, and she desires
to purchase Sagan from APD on the terms and conditions expressed in the
proposed agreement attached as Exhibit A to this Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Page 61 of 64
-----------------------------
Resolution No. 5630
October 26, 2021
Page 2 of 2
Section 1. The APD canine Sagan is declared surplus property to APD.
APD is accordingly authorized to transfer ownership of Sagan to APD Officer
Alyssa Slate according to the terms and conditions set forth in the proposed
purchase and sale agreement attached to this Resolution;
Section 2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 3. This Resolution shall take effect and be in full force upon
passage and signatures.
Dated and Signed this _____ day of _________, 2021.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Page 62 of 64
AGREEMENT FOR SALE AND PURCHAE OF K-9 “SAGAN”
THIS AGREEMENT made and entered into by and between the City of Auburn, a
municipal corporation under the laws of the State of Washington (City), and Alyssa
Slate (Buyer), an Auburn Police Officer.
I. RECITALS
WHEREAS, the Auburn Police Department (APD) owns a canine (K-9) dog
known as Sagan. During legally required training for certification as a police dog,
Sagan exhibited temperament and behavior challenges that prevented him from
successfully completing the training and certification process. The City accordingly
desires to retire Sagan as APD cannot utilize him as a police dog; and
WHEREAS, Buyer desires to purchase Sagan from the City;
NOW, THEREFORE, in consideration of the mutual party benefits in this
Agreement and ten dollars ($10.00) and other good and valuable consideration the City
has received from Buyer, the parties mutually agree as follows:
II. AGREEMENT
1. Transfer of Sagan from City to Buyer. The City agrees to assign, convey and
transfer all of its rights, title and interest in Sagan to Buyer. In exchange, the City
recognizes and receives sufficient consideration, including Officer Slate’s payment to
the City under this Agreement, and the City's ability to sell Sagan in lieu of other means
of disposal, and Officer Slate’s agreement to release, acquit, and indemnify the City as
set forth in the following paragraphs of this Agreement.
2. Buyer’s Acknowledgement of Training and Release of Liability. In accepting
transfer of Sagan from the City, Buyer recognizes that Sagan has received training in
police canine procedures and tactics, including, but not limited to, attack training and
other forms of aggressive conduct.
3. Indemnification and Hold Harmless. By accepting Sagan, Buyer agrees to
indemnify and to hold harmless the City of Auburn, the Auburn Police Department, and
its officers, employees and agents from any and all liability whatsoever that might arise
from acts engaged in by Sagan resulting from his training described in this Agreement
or otherwise. This indemnification and hold harmless shall extend to the City, its
officers, employees and agents from and against any and all liability, injuries, loss,
damage, expense, actions and claims, including costs and reasonable attorney's fees
incurred by the City, its officers, employees and agents in defense thereof, asserting or
arising directly or indirectly on account of or out of Sagan’s condition or activities from
and after the date of the transfer under this Agreement. This paragraph shall not
indemnify the City against liability for any of Sagan’s activities before the transfer date.
Page 63 of 64
4. Waiver/release of claims. Buyer further agrees to waive any and all claims of
liability against the City of Auburn, the Auburn Police Department, or its officers,
employees and agents that could arise as a result of Buyer’s ownership or possession
of Sagan under this Agreement.
5. No representations or warranties and assumption of responsibility. In
consideration of this transfer, Buyer understands that the City makes no representations
concerning Sagan’s health, and that the City transfers Sagan to buyer "as is." The City
makes no warranties regarding Sagan, and specifically disclaims any legally imposed
warranties, including the warranty of merchantability and warranty of fitness for a
particular purpose. Upon taking possession of Sagan pursuant to this Agreement,
Buyer assumes all responsibility and obligation for Sagan’s the condition, care and acts
from the time of signing this Agreement forward.
6. Compliance with law. Upon taking possession and ownership of Sagan under
this Agreement, Buyer agrees to comply with all dog licensing and legal requirements
applicable in Buyer’s jurisdiction.
7. Venue. It is agreed that venue for any lawsuit arising out of this Agreement
shall be King County, Washington.
8. Severability. If any part of this Agreement is found to be in conflict with
applicable laws, such part shall be inoperative, null and void, insofar as it is in conflict
with said laws, the remainder of the Agreement shall remain in full force and effect.
9. Entire Agreement. This Agreement represents the entire agreement between
the parties, and it may only be modified or amended in writing signed by the parties.
10. Counterpart signatures, effective date. This Agreement may be executed in
multiple counterparts, each of which shall be one and the same Agreement. The
Agreement shall become effective once signed by all parties.
Dated: _______________________
CITY OF AUBURN
____________________________
Nancy Backus, Mayor
Dated: __________________________
________________________________
Alyssa Slate, Buyer
Approved as to form:
__________________________
Kendra Comeau, City Attorney
Page 64 of 64