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Home My WebLink AboutComprehensive Water Plan (Appendices) City of Auburn COMPREHENSIVE WATER PLAN APPENDICES December 2009 LIST OF APPENDICES Appendix A -Determination of Non-Significance and SEPA Checklist Appendix B -Agency Comment Letters and Responses Appendix C -Ordinances and Approvals (to be inserted at a later date) Appendix D -Disposition of 2001 Capital Improvement Program Appendix E -Interlocal Agreements Appendix F -Projected Population, ADD, and MDD Appendix G -Design & Construction Standards Appendix H -Facility Conditions Assessment Appendix I -Water Rights Certificates Appendix J -Water Shortage Emergency Response Plan Appendix K -Well Head Protection Report Appendix L -Water Quality Monitoring Plan Appendix M -Attachment 9 of the Municipal Water Law Appendix N -Distribution System Cost Estimates Appendix O -Public Works Emergency Response Program TOC Appendix P -Cross Connection Control Program Appendix A DETERMINATION OF NON-SIGNIFICANCE AND SEPA CHECKLIST Appendix B AGENCY COMMENT LETTERS AND RESPONSES 1 of 11 Draft Comprehensive Water Plan Comment Response Matrix Date: November 2009 Item number is provided for reference only. 1 Sec ES.4 Par 5 Water Requirements PWC Revise "give" to 'sell" in reference to water delivered to CWD Change was made. 2 Sec ES.6 Par 4 Water Reuse PWC Revise "King County" to "other agencies" Change was made to read "Reclaimed water is a potential source of supply. Depending on the degree to which reclaimed water is treated, potential uses include irrigation, landscape purposes, manufacturing, industrial operations, and aquifer recharge. This plan proposes that the City conduct a reclaimed water evaluation and participate in future local and regional planning for wastewater reuse." 3 Sec 2.4.2 Par 2 Bonney Lake PWC Add the number of COA accounts served by Bonney Lake Change was made to read "Currently, Bonney Lake provides water to approximately 1,773 City of Auburn customers." 4 Sec 2.4.6 Par 4 Covington Water District PWC Add text regarding Cascade Water Alliance opportunities available other than the Second Supply Pipeline Change was made. Text was added to read "The CWD maintains three interties with the Cedar River Water and Sewer District, which in turn purchases water from the City of Seattle, and one emergency intertie with WD#111. The CWD is also participating in the Cascade Water Alliance. 5 Sec 2.5 Other Class A Water Systems PWC Add text regarding Class B and private wells, and City encouragement to connect to City. Change was made. The section was retitled "Other Water Systems" and reference to Class B systems and private wells was added, as well as "The City encourages other systems within the City RWSA to connect to Auburn's system." 6 Sec 2.7 Emergency Interties PWC Add emergency water quantity limits. No change needed. There are no specified quantity limits for emergency water. 7 Sec 3.1 Par 4 Introduction PWC Check quote Change will be made in final Plan. City 2007-2008 Budget Mission Statement reads "within Auburn's service area" and text will be revised accordingly. 8 Sec 3.2.8 Service Extension PWC Add reference to the use of master meters. Change was made. Text added to read "All properties shall be metered. Master meters will be evaluated and determined on a case by case basis." 9 Sec 3.3.6 Demand Management and Water Shortage Response PWC Add penalty for Stage I, II, III shortage response violations; specify Stage IV penalty. Change was made. Text added to read "It is in the public interest to promote the conservation of the city's water supply in order to protect the health, welfare, and safety of water users. To accomplish this declared purpose, the City reserves the right to exercise its powers through emergency measures. Penalties for violations of this power are addressed in the City Code. [13.14.060]" 10 Sec 3.6.1 Water Supply Planning PWC Check reference to "Puget Sound Regional Planning Council" Change will be made in final Plan. Text will be revised to "Puget Sound Regional Council" 11 Sec 3.3.6 Par 5 Demand Management and Water Shortage Response Stage IV PCDC Recommend that a warning be issued prior to Stage IV declaration. No change needed. Each previous Stage I, II, and IV provides information on potential future stages. Item # Page # or Topic Reviewer Review Comments Response Section 2 of 11 Draft Comprehensive Water Plan Comment Response Matrix Date: November 2009 Item number is provided for reference only. Item # Page # or Topic Reviewer Review Comments Response Section 12 Sec 3.6.12 Reservoir Sizing PWC Does emergency storage include interties and is the volume of storage a Department of Health requirement? No change needed. The emergency storage component of reservoir sizing does not include emergency interties. 13 Sec 3.6.12 Reservoir Sizing PWC Is emergency storage volume determined by City of Auburn or mandated by Department of Health? No change needed. There are minimum storage requirements set by Department of Health (DOH). DOH has recommended minimum criteria. COA calculates emergency storage differently resulting in a more conservative approach than DOH recommendations to better account for unique aspects of the City's water system. 14 Sec 3.10.4 Development Changes PWC Do bulleted items accurately reflect Capital Facility Plan Policy? No change needed. Yes 15 Sec 4.2.2 Par 3 3 Wholesale Customers PWC Revise "give 2.5" to "sell 2.5" Change was made. Text revised to read "sell". 16 Sec 5.6.3.1 Table 5.7 Valley Storage Analysis PWC Should the reliable source capacity volumes change for the years 2014 and 2028? No change needed. The reliable capacity volumes shown is Table 5.7 reflect conditions without any improvements completed. Table 5.12 shows reliable capacity volumes with projects completed as proposed in the Capital Improvements Program. 17 Sec 6.7.4 Water Reuse PWC Add references to irrigation and recharge. Change was made. Text revised to address irrigation and recharge. 18 Sec 8.2.3 Par 4 Water Use Efficiency, New Program Measures PWC Add a new program measure for "other high users." Change was made. Added "Other High Users-The City will evaluate the high volume users for water saving opportunities." 19 Sec 9.5 Model Maintenance Recommendations PWC Revise "updated annually" to "updated periodically." Change was made. Text revised to "updated periodically depending on system changes." 20 Sec 10.3.2 Table 10.2 Storage Improvement Projects PWC Does project R-01 Lakeland Hills Reservoir painting involve cost sharing with Algona or Pacific? No change needed. No, this is a maintenance project. 21 Sec 11.3.1 Utility Fund Structure FCSG Delete account number references. See email dated 8-18-09 Change was made. 22 Sec 10.3 Figure 10.3 Project PS-04 PW Project PS-04 should be located at the Lea Hill reservoir site, not at the bottom of the hill Change will be made in the final Plan. 23 N/A Pacific The review has determined that retail service between the City of Pacific and City of Auburn is consistent with our understanding of the boundary. The emergency intertie to provide the City of Pacific is consistent with our records No change needed. 24 Sec ES.3 Table ES.1 Pipe Velocity LUD Within Table ES.1, pipe velocity for transmission mains is noted as 8 ft/s. This seems high for large diameter pipe; past Auburn practice was to use 5 ft/sec for designing transmission mains. Comment noted. No change will be made. 3 of 11 Draft Comprehensive Water Plan Comment Response Matrix Date: November 2009 Item number is provided for reference only. Item # Page # or Topic Reviewer Review Comments Response Section 25 ES.5 Existing System LUD Executive Summary Page ES-9: Within Figure ES.3, the two intertie symbols for Lakehaven Utility District are shown in the wrong location. 1. Future Interties should be located at 15th Street NW & Terrace Drive. 2. Existing Intertie located at Aaby Drive & Knickerbocker Drive Change will be made in the final Plan. 26 TOC Definition Page LUD Definition Page xii: ccf should read 100 cubic-feet Change will be made in the final Plan. 27 Chapter 1 Acknowledgement LUD Introduction Page 1-3: Under, 1.8 Acknowledgements, Utilities Engineer is misspelled. Change will be made in the final Plan. 28 Sec 2.4.7 Lakehaven Utility District LUD Section 2, 2.4.7 Lakehaven Utility District, Page 2-12: You may want to update this section to indicate that Lakehaven Utility District has completed a second feed to this West Hill area via an 8-inch pipeline within Hi-Crest Drive (2009) and has decommissioned the Aaby Drive pump station (2009). Change will be made in the final Plan. 29 Sec 2.7.4 Lakehaven Utility District LUD Section 2, 2.7.4. Lakehaven Utility District, Page 2-16: Refer to 2.4.7 comment above. Change will be made in the final Plan. 30 Sec 2.9 Inventory of Related Studies LUD Section 2, 2.9 Inventory of Related Studies, Page 2-20: Lakehaven Utility District Comprehensive Plan should be identified with the year 2008. Change will be made in the final Plan. 31 Sec 5.2.1.1 Valley Service Area LUD Section 5, 5.2.1.1 Valley Service Area, Page 5-2: “There are active interties in the Valley Service Are to Algona, as well as emergency interties to Pacific, Lakehaven and Kent.” This statement from the Auburn 2009 Comp Plan could be misleading due to the fact that there is no physical connection at this time between Lakehaven and Auburn at the 15th Street NW and Terrace Drive location, and the power to the intertie at the Aaby Drive pump station has been disconnected (2009). Change will be made in the final Plan. Text will be modified to clarify interties with purveyors. 32 Sec 5.4.1.11 Braunwood Well LUD Section 5, 5.4.1.11 Braunwood well, Page 5-24: In 2004, the Braunwood well was redeveloped and refurbished with a new 20 GPM submersible pump. Change will be made in the final Plan. 33 Sec 5.4.2.1 Coal Creek Springs LUD Section 5, 5.4.2.1 Coal Creek Springs, Page 5-24: In 2003, the middle collector manholes were modified/upgraded with new aluminum security access hatches. Change will be made in the final Plan. 34 Sec 5.4.2.4 Wells 2 & 6 LUD Section 5, 5.4.2.4 Wells 2 & 6, Page 5-25: In 2003, Well 2 was rehabbed (packer was repaired). Well 6 was rehabbed in 2004 (double inner casing was installed). Both had sand infiltration problems. Consultant was Robinson-Noble & Saltbush. Comment noted. No change will be made. 4 of 11 Draft Comprehensive Water Plan Comment Response Matrix Date: November 2009 Item number is provided for reference only. Item # Page # or Topic Reviewer Review Comments Response Section 35 Sec 5.4.2.9 Well 5B LUD Section 5, 5.4.2.9 Well 5B, Page 5-26: In 2006, a flow control valve was installed to restrict the well production in an attempt to reduce well draw down. Comment noted. No change will be made. 36 Sec 5.5.2.5 Intertie/Lea Hill Booster Pump Station LUD Section 5, 5.5.2.5 Intertie/Lea Hill Booster Pump station, Page 5-32: In 2005, station was upgraded with two 150 GPM and one 1500 GPM pumps to meet domestic and fire flow flows with the upper Lea Hill pressure zone. Comment noted. No change will be made. 37 Sec 6.5.2 Emergency Interties LUD Section 6, 6.5.2 Emergency Interties – 4. Lakehaven utility District, Page 6-9: Refer to 5.2.1.1 Valley Service Are comment above. Comment noted. No change will be made. 38 Chapter 2 Page 2-1 RWSA Pierce Chapter 2 RWSA Page 2-1: Please indicate that the Retail Water Service Area (RWSA) boundary is considered the designated Pierce County CWSP water service area (WSA) boundary. Change will be made in the final Plan. 39 Chapter 2 Page 2-1 RWSA Pierce Chapter 2 RWSA, Page 2-1: The County has signed a Standard Service Agreement (SSA) with Auburn dated 09-16-1997 (reference R#2873 dated 09-15-09). However, the claimed RWSA does not match what the County has on record nor the RWSA boundary depicted in Figure 2.1. Please provide a new signed SSA with a map (no larger than 11” x 17” in size) that depicts the RWSA, as correlated to the tax parcel base, within Pierce County (see Attachment A). Please add text to reference signed Standard Service Agreements with Pierce County. Please include these documents in an appendix. Change will be made in the final Plan. A new SSA will be prepared and executed. 40 Chapter 2 Page 2-1 RWSA Pierce Chapter 2 RWSA, Page 2-1: In addition, the electronic version of the RWSA you submitted does not appear to match the tax parcel boundaries or or those of adjacent purveyors (see Attachment B – we show your RWSA in purple and you show in hatch marks). This may be caused by a data shift? Please correct this discrepancy in the final submitted SSA map. No change will be made. The City of Auburn and City of Bonney Lake water service boundary was negotiated prior to the development of these parcels. In 2010, the City of Auburn will coordinate with the City of Bonney Lake for a new service area boundary to match the tax parcel boundaries. 41 Chapter 2 Pages 1.7-1.10 Inventory of Related Studies Pierce Chapter 2 Inventory of Related Studies, Pages 1.7 – 1.10: Please add a reference to the Pierce County Coordinated Water System Plan, adopted 09-23-03 by Ord. 2003-69. Change will be made in the final Plan. 5 of 11 Draft Comprehensive Water Plan Comment Response Matrix Date: November 2009 Item number is provided for reference only. Item # Page # or Topic Reviewer Review Comments Response Section 42 Sec 2.2 Retail Water Service Area King The second paragraph states the current boundaries of the retail water service area (RWSA) match those established in the Coordinated Water System Plan (CWSP) with on exception. The paragraph then goes on to list several interlocal agreements and therein is our confusion. If the RWSA is the same as within the CWSP except for a portion of Pierce County (an area south of the City), why are interlocal agreements with Kent and King County Water District 111 listed? Given those jurisdictions are north of the City, they have nothing to do with Pierce County. do the interlocal agreements identified with Lakehaven, City of Kent, or King County Water District 111 change the respective service areas identified in the CWSP? See also the second paragraph on page 2-7 and/or the last paragraph of section 2.4.3 that talks about modified service areas with King County Water District 111. Change will be made in the final Plan. Text will be revised and expanded to clarify the City of Auburn RWSA boundaries with King and Pierce Counties. 43 Sec 2.4.3 RWSA King The last sentence of the second paragraph is confusing. The sentence states that, "The City serves outside its RWSA as a result of the division of WD 87 until such time as Kent system expands." Our understanding is that the retail service area defined or demarcated in a water system plan must include where the City currently serves water. Please clarify the retail service area for the City. Comment noted. No change will be made. The City of Auburn has not expanded their service area. The City is assisting Kent on an interim basis with providing water to this area. 44 -Unincorporated King County King it would be helpful to identify those portions of unincorporated King County served by the City on one of the maps, perhaps Figure 2.1 or perhaps ES.2 Comment noted. No change will be made unless required by Department of Health. 6 of 11 Draft Comprehensive Water Plan Comment Response Matrix Date: November 2009 Item number is provided for reference only. Item # Page # or Topic Reviewer Review Comments Response Section 45 Sec 2.9 Inventory of Related Studies King To your list, please add the 2006 King county Flood Hazard Management Plan. For that plan, we encourage the City, as you have probably now done because of the Howard Hanson situation, to talk about the relationship of the City water system to floodplain management programs such as the Regional Flood Warning Center and emergency response, public education and outreach programs. The salmon recovery plan, especially the chapter for the Green River basin, seems to be very applicable for the City as it considers new source development. For example, whether planned development of new sources of supply may be constrained by potential adverse effects on streamflows of habitat for listed species, and plans for mitigation or avoiding impacts. Comment noted. No change will be made. Emergency operations for the water system, whether in response to flood conditions or other hazard, are discussed in Chapter 12 -Operations and Maintenance and have been developed as part of the Public Works Emergency Response Manual. The City recognizes that any new source development would need to consider potential adverse impacts to stream flows. 46 Sec 3.1 Policies and Criteria for Water Service King The second paragraph, second sentence, states, "The City may develop criteria and standards for satellite systems that differ from those developed for the City's multi-source municipal water system." We encourage you to develop any criteria and standards for satellite systems that differ from those developed for the City's multi-source municipal water system and state them in the Plan. As you know, there are currently numerous smaller Group A and Group B public water systems within the city's service area. If those systems are not able to provide adequate, potable water, the CWSP policies call for Auburn to provide service. It seems prudent to put in place now the framework to create predictability for small systems and enable the City to provide satellite or remote service. Change will be made in the final Plan. In the second paragraph, the first sentence will be revised to read "The policies included in this plan are developed specifically for the City's multi-source municipal water system (System Number 03350V)." and the second sentence will be deleted. 7 of 11 Draft Comprehensive Water Plan Comment Response Matrix Date: November 2009 Item number is provided for reference only. Item # Page # or Topic Reviewer Review Comments Response Section 47 Sec 3.2.1 Retail Service Area King This section is a bit confusing with the use of the terms firm and no-firm customer. It is our understanding that the City has a duty to serve all customers with in the RWSA. Please clarify what a firm or non-firm customer is and how you can have customers within the RWSA and not have a duty to provide water. Change will be made in the final Plan. Section 3.2.1 will be retitled "Retail Water Service Area". Reference to the Pierce County Coordinated Water System Plan will be added to the first sentence. The third sentence and remainder of this paragraph will be moved to section 3.6.1 Water Supply Planning, as the second paragraph, to read "The City will plan for and provide water service to all firm customers. Firm customers are those customers within the RWSA and wholesale customers to whom the City is obligated to provide an uninterruptible supply of water. As supply permits, the City may provide water to non-firm customers unilaterally or as part of a capital improvement partnership agreement. Provision of water service should be consistent with the goals, objectives and policies of the City of Auburn Water Comprehensive Plan." 48 Sec 3.2.4 Potential Annexation Areas King Language in 3.2.4, first bullet, that says "(in the event of significant conflict between county and City requirements, the City may choose to not extend utility services)." What conflict between county and City requirements may compel the City to not extend utility service? I suggest that if conflicts exist we should resolve them now to the extent we can to ensure the City will extend utility service in the RWSA. Comment noted. No change will be made. This statement is in accordance with the City Comprehensive Plan. The City will work to resolve any conflicts which may arise. 49 3.2.5 Conditions of Service King Also potentially problematic is the first sentence of 3.2.5 that reads, "for areas outside the current City limits, but within the RWSA, the City shall condition service on agreement that development is in compliance with City standards." As you probably know, there are at least two unincorporated areas within the RWSA and not within the PAA (very northwest corner and in the center of the City, eastside, west of Covington Water District and east of the City limit) and it seems problematic to say that development will be in compliance with City standards for development in the County. Why and how would the City impose its development standards for areas in unincorporated King County? Change will be made in the final Plan. First sentence will be revised to read "For areas outside the City limits, but within the RWSA, the City shall condition service on agreement that development is in compliance with City water system standards." 8 of 11 Draft Comprehensive Water Plan Comment Response Matrix Date: November 2009 Item number is provided for reference only. Item # Page # or Topic Reviewer Review Comments Response Section 50 Sec 3.2.7 Connections for Existing Wells King The second to last bullet on page 3-5 says, "The owner of lands located within Auburn's water service area that apply to connect to the Auburn water system shall sign a service agreement prohibiting the installation of an irrigation well or wells on their lands for which service is provided." Please state how this requirement will be implemented for that part of the RWSA in unincorporated Kind County in the light of RCW 90.44.050. Comment noted. No change will be made. The owner of a parcel who desires water service from the City is not specifically prohibited from exercising the provisions of RCW 90.44.050 but rather is entering into a contractual agreement to not install an irrigation well as a condition of water service. 51 Sec 3.2.8 Service Extension King The second paragraph talks about the City working cooperatively with King county to ensure that water system facilities constructed within the RWSA and unincorporated Kind County meet or exceed the County standard. We agree that water system facilities must be constructed to King County's standards and are happy to meet with the City on this point if needed. We are unaware of any water system facilities that do not meet County standards in place at the time development occurred. Comment noted. No change will be made. 52 Sec 3.4.5 Fire Flow Quantities King Please document the fire flow quantities that apply within the RWSA and outside of the City. For King County we would look for those standards to be consistent with KCC 17.08 Change will be made in the final Plan. First bullet will be revised to read "residential area within the RWSA." and the second bullet will be revised to read "parks and open spaces within the RWSA." 53 Sec 3.5.1 Agency Coordination King We support the City in its efforts to coordinate and cooperate with other agencies. We are concerned with section 3.5.1 in that the City within this planning process should determine the applicable regulatory requirements for water now, as compared to some coordination at some date in the future. For King County, an adequate water supply is defined in KCC 21A.28.040 and we look for the City to purvey water consistent with those standards for that portion of the of the RWSA in unincorporated King County. Comment noted. No change will be made. 9 of 11 Draft Comprehensive Water Plan Comment Response Matrix Date: November 2009 Item number is provided for reference only. Item # Page # or Topic Reviewer Review Comments Response Section 54 Sec 3.6.1 Water Supply Planning King The City will project future populations with data from the Puget Sound Regional Council (PSRC). Using the PSRC population data for future forecasts seems very reasonable. We also encourage the City to ensure that the Growth Management Act population and employment targets accepted by the City be considered within your analysis of future needs. The objective is to ensure that the policy goals for population and employment for the City can be met by the water supply. Change will be made in the final Plan. The third sentence will be revised to read "Future water demands will be estimated using existing water usage patterns and projected future populations developed by the City Planning Department and consistent with the Puget Sound Regional Council data. 55 Sec 3.8 Water Use Efficiency King We are pleased to see the City promoting programs and addressing water efficiency. We encourage the City to comply with existing state law and file a water use efficiency goal with DOH for 2009. Our understanding is the City had not filed its goal for this year. We believe that an aggressive conservation program is on that, at a minimum, meets existing statutory standards. Comment noted. No change will be made. 56 Sec 3.8.7 Reclaimed water King We appreciate the statement that the City is committed to wastewater reuse. We also noted the language is section 6.7.4 and section 8.2.5 echoes the commitment to the evaluation and use of reclaimed water. As you know, King County is exploring the development of a reclaimed water comprehensive plan. I appreciate the work you have done with Mark Duscher and Kristina Westbrook related to that planning effort; we encourage the City to integrate your evaluation of reclaimed water with the County's work to the extent practical. The City's commitment to reclaimed water can be further supported by completion of the reclaimed water checklist and inclusion of it in the Plan. It appears that the checklist is incomplete (the first page is missing) in appendix M. Change will be made in the final Plan. First page of the checklist will be included in Appendix M. 10 of 11 Draft Comprehensive Water Plan Comment Response Matrix Date: November 2009 Item number is provided for reference only. Item # Page # or Topic Reviewer Review Comments Response Section 57 Sec 3.10.10 Water Rate Structures King This section states that water rates should be set by customer class based on the costs to serve each customer class. We understand the city imposes a 50 percent surcharge on services outside the City, but within the RWSA. However, we could find no justification or explanation of what additional costs relate solely to service outside the City to justify the 50 percent surcharge. Please provide a rational beyond the policy statement in the Plan to justify those costs of service for those areas outside the City in unincorporated King County. We believe such a description in the Plan will be helpful should the County have to address an appeal of timely and reasonable service under the CWSP. Comment noted. No change will be made. The City is presently conducting a rate study to determine the appropriate level of adjustment to rates over the 2009-2014 planning period, with results expected by the end of the first quarter 2010. 58 Sec 4.6.1 Existing Land Use King Figure 4.6 describes the zoning within the City. On figure 4.6, the zoning for unincorporated King County within the RWSA is not described. Please affirm that even though figure 4.6 does not describe the zoning for that portion of the RWSA within King County that King County land use zoning was used as part of your analysis. We suggest that figure 4.6 would be more complete if it reflected the County's zoning. County land use zoning for those areas can be found on the King county website. Change will be made in the final Plan. County zoning will be added to the figure. 59 Sec 4.7 Growth Rate King Within this section it would seem appropriate to discuss the final population and employment demand projections used for the water forecast and, the GMA adopted population and employment targets for the same six and twenty year periods. Please describe how the GMA adopted population and employment targets were considered in your analysis. Comment noted. No change will be made. Final population and employment projections are presented in Table 4.8 and details of the analysis are included in Appendix F. 60 Figure 4.7 Water Service Area King As you know, there are generally three areas associated with the City and water supply, the corporate boundary of the city, the RWSA, and the future service area under the CWSP. We encourage you to use one of those three terms. However, if another term is used to describe the water service area it would be helpful to define it. Please describe if the "water service area" on figure 4.7 is the same as your RWSA, perhaps the future service area under the CWSP, or some other area. Change will be made in the final Plan. The City has areas of the system that contain multiple pressure zones, commonly referred to by Operations staff as water service areas. The City has four such water service areas: the Valley, Valley, Academy, Lea Hill and Lakeland Hills service areas. Text will be added in Section 2.2 and Figure 2.1 will be modified to clarify this. 11 of 11 Draft Comprehensive Water Plan Comment Response Matrix Date: November 2009 Item number is provided for reference only. Item # Page # or Topic Reviewer Review Comments Response Section 61 Sec 6.8 Appendix K King Appendix K pertains to ground water management and the City's wellhead protection plan. The description of the wellhead protection plan, especially section 6.8.1 leads us to believe there had been no change in the delineation of the time of travel zones from the 2001 water system plan. The City's wellhead protection plan from the 2001 water system plan was incorporated into our critical areas ordinances and reflected in critical aquifer recharge areas as described in the 2008 King County comprehensive Plan. If the wellhead protection zones have not changed, the current critical areas ordinances affords the maximum protection for that portion of the wellhead protection areas in unincorporated King County and we can meet our mutual interest of protecting ground water quality for domestic supply. Change will be made in the final Plan. There have been changes in the delineation since the 2001 Plan. Text and figures presenting the new delineations will be added. Reviewers: City of Auburn Public Works Committee (PWC) City of Auburn Planning and Community Development Committee (PCDC) City of Auburn Planning Commission (PC) King County DPNR (King) Pierce County Utilities (Pierce) City of Pacific (Pacific) City of Auburn Public Works Utility (PW) From: Jim Morgan [mailto:jmorgan@ci.pacific.wa.us] Sent: Wednesday, September 02, 2009 1:29 PM To: Cynthia Lamothe Cc: Jay Bennett (Pacific); James Schunke Subject: Auburn Water System Plan Cynthia Thank you for providing the City of Pacific an opportunity to review the August 2009 City of Auburn Comprehensive Water System Plan. The review has determined that retail service between the City of Pacific and City of Auburn is consistent with our understanding of the boundary. The emergency intertie to provide the City of Pacific is consistent with our records. James J. Morgan, P.E. City Engineer 100 3rd Avenue SE Pacific, WA 98047 jmorgan@ci.pacific.wa.us (253)929-1115 -Phone (253)887-9910 -Fax Appendix C APPROVALS To Be Inserted at a Later Date Appendix D DISPOSITION OF 2001 CAPITAL IMPROVEMENT PROGRAM Descriptions Quarter Sect # Status Budgeted O&M Legend OM-105 Spring Supply Source Classification Complete No progress on project Project partially completed Incremental O&M Project completed OM-113 PRV Setting Adjustment Program Complete OM-106 Distribution System Modeling Complete, ongoing OM-107 Distribution System Reservoir Water Quality Analysis Partial Some sampling occurred, no problems detected at Lea Hill 1.0 or Academy 1.0 OM-112 Well 1 Investigation 910 No progress OM-108 Corrosion Control Monitoring Program Completed, ongoing Storage Reservoirs SR-102 Lea Hill 1.5 mg Reservoir Painting 514 Completed Exterior & Interior SR-103 Academy 1.0 mg Reservoir Painting 1215 Completed Exterior & Interior SR-104 Academy 1.5 mg Reservoir Painting 1215 Completed Exterior & Interior SR-105 Lakeland Hills Reservoir Painting 1410 No progress SR-101 Lea Hill 1.0 mg Reservoir Painting 514 Completed Exterior & Interior Water Distribution System DS-670-108,209 Auburn Way North Asbestos Pipe Abandonment 108, 209 None None PR-108-311 Hydrant 1155 Relocation 311 No Projects Done PR-107-312 SE 295th Street Asbestos Pipe Replacement 312 No Projects Done PR-109-412 SE 296th Place Asbestos Pipe Replacement 412 None PR-111-412 SE 298th Place Asbestos Pipe Replacement 412 None PR-121-412 108th Avenue SE Asbestos Pipe Replacement 412 None PR-122-412 108th Avenue SE Asbestos Pipe Replacement 412 None PR-123-412 108th Avenue SE Asbestos Pipe Replacement 412 None PR-124-412 109th Avenue SE Asbestos Pipe Replacement 412 None Repair and Replacement Projects Descriptions Quarter Sect # Status Repair and Replacement Projects DS-617-713 SE 323rd Place Pipeline Replacement 713 None DS-618-713 118th Ave SE Pipeline Replacement 713 None DS-671-309 35th Street NE Pipeline Replacement 309 No Projects Done DS-619-711 104th Avenue SE Pipeline Replacement 711 No Projects Done PR-102-808 Main Street Pipeline Replacement 808 None PR-201 Annual Pipeline Replacement ongoing Water Supply S-109 Coal Creek Springs Overflow Improvements No progress S-111 Well 1 Redrill 910 None Improvement Projects Descriptions Quarter Sect # Status Budgeted O&M OM-109 Water Quality Data-Base No progress Use of Excel spreadsheets has found to be sufficient OM-101 Conservation Control Performance Study ongoing OM-102 Conservation System Measures ongoing OM-114 Groundwater Flow Model Maintenance in progress Being completed as part of the pursuit for additional water rights OM-111 Future Regulatory Compliance Evaluations ongoing Incremental O&M OM-110 Corrosion Control Performance Study No progress progress CCF are meeting requirements OM-103 Conservation Technical Assistance ongoing Don't think water audits are being performed OM-104 Conservation Incentive Measures ongoing We use the money for conservation, not necessarily providing incentives Booster Pump Stations BP-107 New Lea Hill Pump Station None Descriptions Quarter Sect # Status Repair and Replacement Projects BP-104 Academy Booster Pump Stations Upgrade None Other Improvements OP-106 Operation & Maintenance Recordkeeping in progress implementation of Cartegraph OP-108 Control System Reprogramming in progress SCADA upgrade project OP-104 Water Conservation Program Update no progress OP-102 Comprehensive Water Plan in progress OP-109 Water Supply Stations completed dedicated hydrant metering stations Pressure Zones PZ-103 Lakeland Hills Service Area Rezone None PZ-101 Academy Service Area Rezone Complete PZ-102 Lea Hill Service Area Rezone Partial some PRV work had been completed -effective? Storage Reservoirs SR-107 Lakeland Hills Reservoir Altitude Valve Installation 1410 No progress High-zone reservoir has not been constructed yet. SR-108 Academy Reservoir Altitude Valve Installation 1215 No progress High-zone reservoir has not been constructed yet. Water Distribution System DS-621-710 Fulmer Field /8th Street NE Pipeline Connection Replacement 710 No Projects Done DS-137-108 B Street NW Parallel Pipeline Construction 108 None DS-641-1011 Howard Road Pipeline Replacement 1011 None DS-643-1010 M Street SE Pipeline Replacement 1010 None DS-644-1109,1110 25th Street SE Parallel Pipeline Construction 1109, 1110 No Projects Done DS-664-1010 R Street SE Pipeline Replacement 1010 None DS-665-1009,1010 22nd Street SE Pipeline Replacement 1009, 1010 None DS-675-1011 Auburn Way South Wynn Fire Flow PRV 1011 None Descriptions Quarter Sect # Status Repair and Replacement Projects PR-105-412,312 112th Avenue SE Asbestos Pipe Replacement 412, 312 None PR-106-312 SE 290th Street Asbestos Pipe Replacement 312 No Projects Done PR-116-312 SE 294th Street Asbestos Pipe Replacement 312 No Projects Done PR-117-312 110th Avenue SE Asbestos Pipe Replacement 312 No Projects Done PR-118-312 111th Avenue SE Asbestos Pipe Replacement 312 No Projects Done PR-119-312 111th Place SE Asbestos Pipe Replacement 312 No Projects Done PR-120-312 SE 291st Street Asbestos Pipe Replacement 312 No Projects Done DS-616-612 110th Place SE Pipeline Replacement 612 No Projects Done DS-631-709 E Street NE Pipeline Replacement 709 None DS-633-709 2nd Street NE Pipeline Replacement 709 None DS-637-909 13th Street SE Pipeline Replacement 909 No Projects Done DS-634-809 7th Street SE Pipeline Replacement 809 None DS-647-1111 28th Street SE Pipeline Replacement 1111 No Projects Done DS-648-1111 T Street SE Pipeline Replacement 1111 No Projects Done DS-663-909 H Street SE (Extension) Pipeline Construction 909 No Projects Done DS-666-1013 Chinook Elementary School Site Pipeline Construction 1013 Complete Auburn Way S Phase 2 DS-673-1210 Gildo Rey Elementary School Pipeline Construction 1210 No Projects Done DS-674-1210 Gildo Rey Elementary School Pipeline Construction 1210 No Projects Done PR-110-412 SE 298th Place Asbestos Pipe Replacement 412 None PR-112-412 111th Avenue SE Asbestos Pipe Replacement 412 None Descriptions Quarter Sect # Status Repair and Replacement Projects PR-113-412 111th Avenue SE Asbestos Pipe Replacement 412 None PR-114-412 SE 297th Place Asbestos Pipe Replacement 412 None PR-115-412 110th Avenue SE Asbestos Pipe Replacement 412 None PR-125-412 SE 299th Street Asbestos Pipe Replacement 412 None PR-126-412 SE 299th Street Asbestos Pipe Replacement 412 None DS-106-611,613 Lea Hill Road /312th Street SE Supply Pipeline 611, 613 DS-661-612 109th Street Avenue SE Pipeline Replacement 612 No Projects Done DS-622-710 6th Street NE Pipeline Replacement 710 No Projects Done DS-624-710 N Street NE Pipeline Replacement 710 No Projects Done DS-625-710 4th Street NE Pipeline Replacement 710 No Projects Done DS-627-710 Pike Street NE Pipeline Replacement 710 No Projects Done DS-629-810 R Street SE Pipeline Replacement 810 None PR-128-808 3rd Street SW Pipeline Replacement 808 None DS-677-1113 Palisades Mobile Home Park Pipeline Replacement 1113 No Projects Done DS-516-612 108th Avenue SE Pipeline Replacement 612 No Projects Done PR-104-209 85th Avenue South Asbestos Pipe Replacement 209 None DS-635-910 12th Street SE Pipeline Replacement 910 None DS-202 Annual Pipeline Improvement Program DS-303 Annual Hydrant Installation Program Water Quality & Treatment WQ-118 Intertie Pump Station Chlorination Complete WQ-110 Corrosion Control Treatment Facilities Complete Descriptions Quarter Sect # Status Repair and Replacement Projects WQ-107 Water Resources (Wellhead) Protection Program partial Map completed Water Supply S-112 Well 4 Emergency Power 1110 None S-102 West Hill Springs Property Fence 505 Partial S-113 Well 5 Emergency Power 1410 None S-107 Coal Creek Springs Property Fence 1214, 1314 Complete Wholesale Water & Interties WS-115 Bonney Lake Emergency Intertie 1510 Complete C095 WS-117 Kent Emergency Intertie Complete WS-118 Muckleshoot Indian Tribe Intertie No progress The systems are connected but there is not a meter vault, isolated by a normally closed valve. WS-116 Algona Emergency Intertie Complete WS-119 Second Supply Pipeline Emergency Intertie Complete WS-120 Vistara Intertie Complete Expansion Projects Descriptions Quarter Sect # Status Booster Pump Stations BP-111 Lakeland Hills West Supply Pump Station None BP-113 Lakeland Hills High Zone Booster Pump Station None BP-114 Academy High Zone Booster Pump Station BP-112 Lakeland Hills North Supply Pump Station None Storage Reservoirs SR-201-1509 Lakeland Hills High Zone Reservoir Construction None SR-106-1216 Acdemy High Zone Reservoir Construction None Descriptions Quarter Sect # Status Repair and Replacement Projects Water Distribution System DS-138-107 S 277th Street Pipeline Construction 107 None DS-208-1408,1508 East Valley Highway Pipeline Construction 1408, 1508 No Projects Done DS-120-1210 37th Street Pipeline Construction 1210 No Projects Done DS-143-608 10th Street NE Pipeline Construction 608 No Projects Done DS-642-1010,1110 R Street SE Parallel Pipeline Construction 1010, 1110 None DS-136-1216 148th Avenue SE Pipeline Construction 1216 No Projects Done DS-620-611 SE 315th Street (Extension) Pipeline Construction 611 No Projects Done DS-632-709 Auburn Way North Pipeline Construction 709 None DS-659-1215 Academy Drive Pipeline Construction 1215 None DS-660-1216 Auburn Way South Pipeline Construction 1216 No Projects Done DS-506-107 S 277th Street Pipeline Construction 107 Complete DS-640-906 15th Street SW Pipeline Construction 906 No Projects Done DS-645-1109 D Street SE Pipeline Construction 1109 No Projects Done DS-630-810 6th Street SE (Extension) Pipeline Construction 810 None DS-623-710 6th Street NE Pipeline Construction 710 No Projects Done DS-628-811 W Street SE (Extension) Pipeline Extension 811 No Projects Done DS-611-514 SE 310th Street (Extension) Pipeline Construction 514 None DS-116-809 Cross Street Pipeline Construction 809 None DS-126-410 K Street NE Pipeline Construction 410 No Projects Done DS-211-1411,1412 East Lakeland Hills Transmission Line 1411, 1412 None DS-213-1211,1411 Kersey Way Pipeline Construction 1211, 1411 None DS-672-1010 17th Street Pipeline Construction 1010 Complete 00D1585 CK Auto Sales Descriptions Quarter Sect # Status Repair and Replacement Projects DS-682-1216 Academy Service Area Boundary Pipeline Construction 1216 No Projects Done DS-683-310,410 Green River Road/Golf Course Pipeline Construction 310, 410 Complete Water Quality & Treatment WQ-117 Coal Creek Headwaters Chlorination Station Rehab I WQ-117 Coal Creek Headwaters Chlorination Station Rehab II None Water Supply S-120 Coal Creek Springs South Collector Expansion None S-108 Coal Creek Springs Booster Pump None S-114 Well 5B Construction Complete C112 S-118 Groundwater Future Investigation Wholesale Water & Interties WS-109 Lakehaven Booster Pump Station None WS-108 15th Street NW Pipeline Construction Developer Projects Descriptions Quarter Sect # Status Pressure Zones PZ-104 New Lakeland Hills Pressure Reducing Stations Partial Constructed to serve the Terrace View apartments (line coming down from hill) DS-686-1410 Kennedy Avenue SE & Nathan Ave. SE Pipeline Construction 1410 None Water Distribution System DS-604-108,109 South 280th Street Asbestos Pipe Replacement 108, 109 None DS-605-109 49th Street NE Asbestos Pipe Replacement 109 Partial 00D1565 From Auburn Way N to halfway to D St NE Descriptions Quarter Sect # Status Repair and Replacement Projects DS-606-209,109 D Street NE Asbestos Pipe Replacement 109, 209 None DS-639-909 15th Street SE Pipeline Replacement 909 No Projects Done DS-676-411 SE 300th Street Extension Pipeline 411 Complete 05D1830 Highlands @Cobble Creek DS-129-706 West Valley Highway Parallel Pipeline Construction 706 No Projects Done DS-130-706,606 West Valley Highway Parallel Pipeline Construction 606, 706 None DS-133-1115,1215 Academy Drive Parallel Pipeline Construction 1115, 1215 None DS-662-109 49th Street NE Pipeline Construction 109 None DS-678-208 B Street NW Pipeline Replacement 208 None DS-108-412 108th Avenue SE Pipeline Replacement 412 No Projects Done DS-109-612 110th Avenue SE Pipeline Construction 612 No Projects Done DS-110-612 110th Avenue SE Pipeline Construction 612 No Projects Done DS-121-1210,1310 Ovaretz Road Pipeline Construction 1210, 1310 None DS-124-409 I Street NE Pipeline Construction 409 Complete Riverpointe Development DS-125-410 K Street Street NE Pipeline Construction 410 No Projects Done DS-127-410 33rd Street NE Pipeline Construction 410 No Projects Done DS-128-410 L Street NE Pipeline Construction 410 No Projects Done DS-131-507,407 SR 167 Pipeline Construction 407, 507 None DS-134-1116 32nd Street SE Pipeline Construction 1116 No Projects Done DS-135-1116,1216 Orchard Street SE Pipeline Construction 1116, 1216 No Projects Done DS-142-512 112th Avenue SE (Extension) Pipeline Construction 512 None DS-144-513 310th Street SE Pipeline Construction 513 Partial 00D1587, 00D1612, 00D1622, & 01D1635 Some not connected and constructed as 8" not 12" DS-209-1509 West Lakeland Hills Transmission Line 1509 Complete 07D1895 Terrace View Apartment and other smaller line Descriptions Quarter Sect # Status Repair and Replacement Projects DS-501-207 West Valley Highway Pipeline Construction 207 No Projects Done DS-502-207,107 West Valley Highway Pipeline Construction 107, 207 Partial 00D1614 from S 277th St. through 1st parcel south DS-503-106,206 60th Avenue S Pipeline Construction 106, 206 No Projects Done DS-504-107 S 287th Street Pipeline Construction 107 None DS-505-106 S 277th Street Pipeline Construction 106 No Projects Done DS-507-107,207 SR 167 Pipeline Construction 107, 207 None DS-508-207 S 285th Street Pipeline Construction 207 No Projects Done DS-510-309,109 I Street NE Pipeline Construction 309, 109 None DS-512-312 288th Street SE Pipeline Construction 312 No Projects Done DS-513-312 288th Street SE Pipeline Construction 312 No Projects Done DS-514-313 288th Street SE Pipeline Construction 313 No Projects Done DS-515-313 288th Street SE Pipeline Construction 313 No Projects Done DS-517-312 112th Avenue SE Pipeline Construction 312 No Projects Done DS-519-313 118th Avenue SE Pipeline Construction 313 No Projects Done DS-522-415 301st Street SE Pipeline Construction 415 No Projects Done DS-600-310,110 Green River Road Pipeline Construction 310, 110 No Projects Done DS-601-109,110 South 277th Pipeline Construction 109, 110 None DS-602-109 I Street Extension Pipeline Construction 109 None DS-603-108,109 52nd Street NE Pipeline Construction 108, 109 None DS-607-312,313 SE 295th Street (Extension) Pipeline Construction 312, 313 No Projects Done DS-608-414 130th Avenue SE (Extension) Pipeline Construction 414 Partial DS-609-414 SE 300th Street (Extension) Pipeline Construction 414 None Descriptions Quarter Sect # Status Repair and Replacement Projects DS-610-514 130th Avenue SE (Extension) Pipeline Construction 514 None DS-612-512 112th Avenue SE Pipeline Construction 512 None DS-613-512 108th Avenue SE (Extension) Pipeline Construction 512 None DS-614-512 SE 308th Place (Extension) Pipeline Construction 512 None DS-614-612 SE 316th Place (Extension) Pipeline Construction 612 No Projects Done DS-636-910 R Street SE (Extension) Pipeline Construction 910 None DS-638-909 C Street Pipeline Construction 909 No Projects Done DS-646-1109 B Street SE Pipeline Construction 1109 No Projects Done DS-649-1509,1510 Elizabeth Avenue SE Pipeline Construction 1509, 1510 Complete 02D1658, 02D1661, 02D1667 and other small lines to complete DS-650-1510 Lakeland Hills (Loop & Way SE) Pipeline Construction 1510 Complete 06D1890 Elementary School No. 13 DS-651-1510 Lakeland Hills Loop SE Pipeline Construction 1510 Complete 02D1667 Lakeland South Loop Road and Elizabeth Ave SE and other DS-652-1509,1510 Hazel Avenue SE Pipeline 1509, 1510 Complete 02D1661 Lakeland South View Ridge South DS-653-1509,1510 Lakeland Hills Way SE & Elizabeth Ave SE Pipeline Constuction 1509, 1510 None DS-654-1510 Lakeland Hills Way SE & Hazel Loop SE Pipeline Construction 1510 Complete 02D1661 Lakeland South View Ridge South DS-655-1509,1510 Hazel Loop SE & Hazel Ave Pipeline Construction 1509, 1510 Complete 02D1661 Lakeland South View Ridge South DS-656-1509,1510 Hazel Ave SE Pipeline Construction 1509, 1510 Complete 02D1661 Lakeland South View Ridge South DS-657-1509 High Zone Reservoir to Zone 4 Pipeline Construction 1509 Complete 02D1661 Lakeland South View Ridge South DS-658-1510 Lakeland Hills Loop SE Transmission Line 1510 Complete 06D1885, 05D1870 Wedgewood Phase 1&2, C112 Well 5B Expansion DS-667-1215 Auburn Way South to 33rd St SE Pipeline Construction 1215 None DS-668-208 D Street NW (Extension) Pipeline Construction 208 None Descriptions Quarter Sect # Status Repair and Replacement Projects DS-669-207 Frontage Road (Extension) Pipeline Construction 207 No Projects Done DS-684-1509,1510 Lakeland Hills High Zone Reservoir & Unnamed Cul-de-sac 1509, 1510 Complete 02D1661 Lakeland South View Ridge South DS-685-1109 32nd Street SE Pipeline Construction 1109 No Projects Done Appendix E INTERLOCAL AGREEMENTS RESOLUTION NO 1 0 2 1 OGI 0 9 199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE YOR OF THE CITY OF AUBURN TO ENTER INTO A SERVICE AREA BOUNDARY AGREEMENT BETWEEN THE CITY OF AUBURN AND WATER DISTRICT NO 124 THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AT A REGULAR MEETING DULY ASSEMBLED HEREWITH RESOLVES THAT THE Mayor of the City of Auburn is herewith authorized to enter into a Service Area Boundary Agreement between the City of Auburn and Water District No 124 A copy of asgraeemident is attached hereto denominated as Exhibit A and made a part hereof as though set forth in full herein DATED and SIGNED this 15th day of October 1979 CITY OF AUBURN ATTEST Resolution No 1021 17029 028489 ECFEE SERVICE AREA BOUNDARY AGREEMENT THIS AGREEMENT made and entered into this day of 19 by and between City of Auburn a municipal corporation located in King County Washington hereinafter referred to as City and WATER DISTRICT NO 124 a municipal corporation located in King County Washington hereinafter referred tas District 124 W I TNE S SETH 1 That the purpose of this Agreement is A To define current service area boundaries and B To establish a method for altering those boundaries in order to provide for 1 Maximum efficient use of existing and future facilities 2 Maximum flexibility between the service areas in order to allow the continued and future existence of interties between the parties herein 3 Maximum public water system coordination 4 Orderly and efficient public water system planning 2 That the current service area boundary between the City and the District 124 is as is set forth on Exhibit A attached hereto and incorporated herein by reference 3 That in the event either the City or District 124 desire to change the existing boundary such a change shall be by mutual agreement 4 That provisions for looped systems and interties are to be encouraged so as to provide A facilitiesB possible cost C in the event of an emergency For the most efficient use of current and future For maximum service ctonsoumers at the lowest For mutual aid between the City and District 124 1 D For maximum public water system coordination 5 That both the City and District 124 recognize that they are Purveyors as defined inCRW017413006 and hereby acknowledge their duties underCRW17106 and the regulations promulgated thereunder and adhere to the purposes described therein DATED this L day odfw CITY OF AUBURN Kfounty ashington WATER DISTRICT NO 124 King County Washington Pesiden ahd Commissioner CmsoisioneC retary and CommisSioner LEGAL DESCRIPTION OF SERVICE AREA BOUNDARY LINE BETWEEN CITY OF ANPUB ND wTNc COT ATERDRcICT 124 ICENCOING AT THE NORTHEAST CORNER OF LOT 5 BLOCK 39 JOVITA HEIGHTS LOCATED IN THE SOUTHWEST QUARTER SECTION 23 T 21 N R 4 E WM THENCE NORTHWESTERLY TO A POINT ON THE NORTH LINE OF LOT 8 LOCATEO 400 EAST OF THE NORTHWEST CORNER OF LOT 8 BLOCK 25 OF SAID JOVITA HEIGHTS WHEREIN SAID LINE CROSSES THE EXISTING AUBURN CITY LIMITS LOCATED ON IfOaW DRIVE THENCE NORTHERLY ALONG A LINE 400 EAST OF AND PARALLEL TO TLEST LINE OF LOT THROUGH LOT IOF BCIKX 25 JOVITA HEIGHTS TO A POINT ON THE NORTH LINE OF SAID LOT 1 THENCE EASTERLY A5LO0NG THE NORTH INE OF SAID LOT 1 TO THE SOUTHERLY EXTENSION OF TKE EASTERLY RIGHT OF WAY LINE OF 158TH AVENGE SOUTH PENNSYLVANIA AVENUE THENCE NORTHERLY ALONG SAID RIGHT OF WAY LINE TO THE SOUTH LEI OF SECTION 14 T 21 N R 4 EWM THENCE EAST ALONG THE SOUTH LINE OF SECTION 14 TO THE SOUTH 14 CORRER OF SAID SECTION 14 THENCE NORAONG THE CENTERLiNE OF SAID SECTION 14 TO THE INTERSECTION OF SAID CENTERLINE WITH THE CENTERLINE OF MOUNTAIN VIE DRIVE 331ST STREET O OLD CEMETARY ILL ROAD THENCE MEANDERING EASTERLY AND NORTHERLY ALONG THE CENTERLINE OF MOUNTAIN VIEW DRIVE TO THE INTERSECTION OF SAID STREET CEENTERLIN WIT THE EWCENTERLINE OF SECTION 14 THENCE NORTHERLY ALONG THE SOUTHERL EXTENSION OF CHRESIT DRIVE TO THE SOUT LINE O CHRESIT ADDITION NO 2 LOCATED IN SECTION14 2T1N R 4 EWM THENCE WESTERL ALONG SAID SOUTH LINE TO THE ESSOTUERTLmY CORNER OF SAID ADDITION SWCORNER OF LOT 9 THENCE NORTHEASTERLY ALONG THE WESTERLY LIN OF SAID CHRESIT ADDITION 2 TO THE NORTBqFESTERLY CORNE OF SAID PLAT WHICH IS ALSO THE SOUTHWEST CORNER OF KNICKeR BocKER EIGHTS ADDITION THENCE NORTH ALONG THE EST BoUNDARY SAiD IGHTS AIDDf SmO 11 T 21 No RD 4 EWMo THENCE ONRLTHYEP ALONG THE EIST LINE OETF E 12E 12 ECTIONS 11NAD 2 T 21 N R 4EWMTO A POINT 329 NORTH OF THE SOUTH LINE OF SID SECTION 2 THENCE ENASOTERRLTY A DISTANCE OF 1250 MORE OR LESS TO A OINT ON THE EAST LINE OF SAID SECTION 2 HICH POINT IS LOCATED 655 SOUTH OF THE EAST 14 CEORRA OF SECTI 2 T2 21 N R 4 EDWM THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 2 TO A POINT 836 NORTH OF T FST 14NCEOR OF SAID SECTION 2 THENCE WEST TO THE CEST LINE OF TEE 12 E 12 SECTION 2T21N R4EWM THENCE NORTH ALONG SAID EST LINE TO A POINT 351 S6UTH OF TE NORTH LINE OF SAID SECTION 2 THENCE WESTkRLY AD LPLAERL TO AND 351 SOUTH OF TNORTH LINE OF SECTION 2 TO A POINT ON T NSCENTERLINE OF SAID SECTION THENCE SEORULYT 60 ALONG SAID NSCENTERLINE THENCE WRELSYT AND NORTHERLY ALONG THE APRIL 1979 BOUNDARY TO THE WEST 14 CORNER OF SECTION 35 T 22 N R EWMWHICH IS THE TERMINAL POINT OF THIS BOUNDARY DESCRIPTION ii1 j uarry mm mm Thomas r Merledit Al Sch J IIIII I6II Ii m o 123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 RESOLUTION NO 1 3 4 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR OF THE CITY OF AUBURN TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY WATER DISTRICT NO 87 CONCERNING THE TRANSFER OF KING COUNTY WATER DISTRICT NO 8S7 WATER SYSTEM TO THE CITY OF AUBURN THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH RESOLVES THAT THE Mayor of the City of Auburn Washington is herewith authorized and directed to execute an Agreement between the City of Auburn and King County Water District No 87 concerning the transfer of King County Water District No 8s7 water system A copy of said Agreement is attached hereto denomi nated as Exhibit A and made a part hereof as though set forth in full herein THE Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation DATED and SIGNED this 6th day of July 1982 BURN ATTEST erk Resolution No 1341 7682 AGREEMENT CONCERNING TRANSFER OF KING COUNTY WATER DISTRICT NO 8S7 WATER SYSTEM TO THE CITIES OF AUBURN AND KENT April 1 1982 IT IS AGREED by and between WATER DISTRICT 87 King County a Washington Municipal Corporation WP 87 and the Cities of AUBURN Auburn and KENT Kent Washington collectively the cities as follows 1 Authority This agreemen is entered into pursuant to RCW 301573A0 which authorizes one or more cities and water districts to contract regarding ownership of property providing or water service and operation of facilities 2 Transfer of Water System The ownership of WD 8s7 entire water system shall as of the above date be transferred and conveyed to Auburn and Kent in the manner provided below The term water system shall include but not be limited to all WD 7 water mains and appurtenances hydrants easements licenses franchises permits and facilities rights and assets of any kind or nature whatsoever Said transfer is subject to the cities performance of all of the terms and conditions of this agreement The cities hereby accept their respective portions of the water system on the terms of this agreement 3 Division of sStemi The entire WD 87 water system lying southerly of the following described line will become the property of the Auburn and the remaining portion of the water system lying northerly of the following described line shall become the property of Kent Starting at a point of intersection on the westerly boundary line of WD 87 which is the easterly margin of the Chicago Milwaukee and St Paul Railroad rwoigahfyt with the southerlY rwoigahfyt line of S 277th street and projecting easterly therefrom along said southerly rwoigahfyt line to an intersection point wi th the easterly margin of the Burlington Northern Railroad rwoigahfyt thence northerly therefrom along said easterly line to an intersection point with the northerly rwoigahfyt line of S 277th street thence projecting easterly therefrom along said northerly rwoigahfyt line to the easterly boundary line of WD 87 which is the westerly line of S Highway 5 aka East Valley Highway WD 8s7 customer records will be divided between the cities agccordi to the above division of the water system and any temporary services The limited hand tools and miscellaneous personal property owned by WD 87 will be transferred to Auburn Connection to Auburn sStemi The cost of cionnnteectinrg the WD 87 water system to Asuburn water system shall be paid for from monies presently in the WD 87 maintenance fund The City of Kent is presently connected to the WD 87 water system and no further connections are presently needed 5 Costs and EWxpenDses 87 Money The following shall be paid from WD 87 money in the following order of priority WD 87 routine debts and expenses WD 8s7 asttorney fees for drafting of this agreement and related work Any asttorney fees aonrd ccsts boundary review board or other approvals per paragraph IO hereof in obtaining governmental Cost of icnonetcetinrg the WD 87 system to Asuburn water system per paragraph 4 hereof To the extent that any WD 87 money remains after payment of the above the same shall be divided evenly between the cities proportionate to the neurn of WD 87 customers to be served permanently by the cities To the extent that the WD 87 funds are inadequate to pay all of the above then the City of Auburn shall bear any remaining cost of cionnnteectinrg the water systems If there is insufficient WD 87 money to pay all of the other laisbtoevde items in full other than D debts then any amount remaining due shall be borne by the cities according to the same permanent customer ratio as above 6 Service Interruptions The cities each agree that transfer of the water system will not result in any interruption of water service to any WD 87 customer other than that normally experienced in the dtaoy operation of the respective water systems 7 Water Rates The cities each agree that former WD 87 customers shall following transfer adi in the future be charged for water service and pay the same connection and other charges as the cities charge in each case its other customers in the same class of service Sevice shall also be of the same quality as that received by other customers in the same class 8 oTreamryl Service Auburn and Kent recognize and agree that until their respective water systems are readily available within the present WD 87 service area each will have to extend temporary water service to existing customers on the opposite side from them on the above described boundary line During such temporary service the customers shall pay the serving csity rates and charges and the serving city will maintain maintain the water mains hydrants and meters serving those temporary Customers The city temporarily serving such customers will turn over the customers to the other city on request Both cities agree to cooperate in the transition of these customers from one city to the other and agree that water service to the customers will not be interrupted unnecessarily during the transition No property temporarily served by one of the cities shall be assessed or otherwise required to pay for new water mains or facilities in order to transfer their services over to the other city unless said property is specifically benefitted beyond the availability of the existing service No new water services including five hydrants and five service lines will be connected to a water main owned by one city but temporarily being utilized to serve the above said customers property without the written consentof the other city 2 18212 9 Preferential Etnmployme The employees of WD 87 shall be entitled to offers of comparable tfiumlel employment from both AuDurn and Kent in accordance with RCW 103395A0 lO Governmental Approvals If in the opinion of either city it is necessary to so obtain approval of this agreement by the King County Boundary Review Board King County Council aondr any other governmental body then that city shall so notify the other parties to this agreement prior to transfer of WD 8s7 remaining monies to the cities The cities shall determine between themselves which city or WD 87 shall obtain such aspproval Regardless of who obtains the aspproval the cost thereof shall be paid from WD 87 funds to the extent available ll Financial Records WD 8s7 financial and other records are available inspection and copying by either of the cities on request for 12 WD 87 Indebtedness WD 87 shall as above pay all of its debts from its present funds WD 87 warrants that on the effective date of this agreement it will have no debts Further WD WD 87 has no bonds warrants or similar oblications outstanding and will not issue any in the future WD 87 also warrants that it does not have any ULID or other assessments receivable and will not form any improvement districts in the future WD 87 warrants that to the best of its knowledge and the knowlege of its Water Commissioners there are no pending asserted or threatened claims suits or liens against it or any of its water system monies or other assets IF WD 87 or any its commissioners should receive notice or knowledge of any such claim suit or lien prior to the effective date of this agreement WD 87 will immediately notify other cities The Water Comissioners of WD 87 shall not be personally liable for the foregoing warranties and shall not be personally liable for performance of any of the terms of this agreement unless they shall by Board of Water Csommissioners action vote or otherwise cause te breach of this agreement 13 WD 87 Continuin9 Authority Following the effective date of this agreement WD 87 shall remain a municipal corporation and its commissioners shall remain in office for at least their present terms of office unless WD 87 is sooner dissolved as set forth below During the continued existence of WD 87 its icssiooner shall not exercise any rights privileges powers or fUnctions provided by law to WD 87 except at the request of one or both of the cities If such request is made by only one of the parties then such actions shall be taken only with respect to that csity portion of the WD 87 water system The WD 87 Commissioners shall not be obliged to undertake any action unless it is necessary to implement clarify or carry out this agreement and in such case the other lceitsy requesting the action shall thereby agree to save the WD 87 Commissioners harmless from any liability in respect to the same 14 Dissolution of WD 87 Any one or more of the ipeasr to this agreement or anyone else having standing to do so may petition aonrd take such steps having standing to do so may petition aonrd take such steps as are necessary to dissolve WD 87 under any available statutory authority and procedure In the event that WD 87 has not been dissolved within five 5 years of the effective date of this agreement then the cities agree that they will immediately thereafter petition for the dissolution of WD 87 pursuant of RCW 790 governing the disincorporation of special districts that have not actively carried out any tohefdsistrict purposes or functions for a period of 18212 five years or any similar or other statutes then in effect The cost of such disincorporation shall be borne by the cities in the same proportion as other expenses are provided for in this agreement 15 pArovpa1 by Parties This agreement shall be submitted to the governing bodies of each of the parties and approved by City Ordinance and Water District Resolution Certified copies of said ordinances and resolution shall be furnished each of the parties to this agreement Adoption of said ordinances and resolution shall serve in lieu of signature to this agreement Notwithstanding the effective date set forth as the beginning of this agreement this agreement asili be effective 45 days after it is approved by all three 3 parties DATED as of the date set forth hereinabove CITY OF AUBURN CITY OF KENT WATER DISTRICT NO 87 KING COUNTY 15678A1 18212 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261 RESOLUTION NO 2 1 1 4 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SATELLITE WATER SYSTEM SERVICE CONTRACT FOR BRAUNWOOD ESTATES PREVIOUSLY SALTMARK ESTATES 4567 THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH RESOLVES THAT 89 section 1 AUTHORIZATION The Mayor and City Clerk of the City of Auburn are herewith authorized to execute a Satellite Water System Service Contract for Braunwood Estates previously Saltmark Estates A copy of said Contract is attached hereto and denominated Exhibit A section 2 AUTHORITY The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation DATED and SIGNED this 6th day of August 1990 CITY OF AUBURN MAYOR Resolution No 2114 July 31 1990 Page 1 12 ATTEST 3 J2u jLJ jJk Robin Wohlhueter City Clerk 4567 APPROVED AS TO FORM 8 1 Q Michael J Reynolds 11 Acting City Attorney 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No 2114 July31 1990 Page 2 CITY OF AUBURN WATER DEPARTMENT SATELLITE WATER SYSTEM SERVICE CONTRACT FOR BRAUNWOOD ESTATES PREVIOUSLY SALTMARK ESTATES IT IS AGREED by and between the CITY OF AUBURN the City and the undersigned the Owners as follows 1 Parties The City is a municipal corporation organized under and existing by virtue of Chapter 57 of the Revised Code of Washington The Owners are collectively the owners of property provided water service by a water source and distribution system which is independent of and unconnected to another public or private water system the satellite system 2 Legal Description The property presently served and to be served in the future by the satellite system is located in King County Washington and is legally described as follows THE SW 1 4 OF THE NE 1 4 OF SECTION 33 TWP 21 N R 5 E W M AND THE W 1 2 OF THE SE 1 4 OF THE NE 1 4 OF SECTION 33 TWP 21 N R 5 E W M The above property is inside the City s service area under the South King County Coordinated Water Supply Plan 3 city Services The City will provide services to the satellite system as identified below Operation and management of the satellite system from the tail piece on the house side of the meters to the well source Routine inspection maintenance and repair of the satellite system in accordance with reasonable and accepted standards and practices for public water systems Emergency repairs within a reasonable time after the owners have notified the City Preparation and filing of reports and other data including water sample testing as required 4 City Charges The property owners within the plat of Braunwood Estates agree to pay the following to the City A Services charges The City will charge for the above identified services at a rate equivalent to that Exhibit A Resolution No 2114 Page One SATELLITE WATER SYSTEM SERVICE CONTRACT Page 2 applied in the Auburn City Code Title 13 Chapter 13 04 B Connection Charge All persons connecting to the City s water system are obliged to pay a standard service installation charge as identified in the Auburn City Code Title 13 Chapter 13 04 C Reserve Account connection to the City one thousand reserve account All parcels within said plat upon City S water system shall pay to the dollars 1 000 per parcel as a The reserve account can be utilized for water system repair replacement or maintenance at the city s discretion upon completion of the one 1 year maintenance period as set out in the Developers Extension Agreement The property owners are not entitled to return of the reserve account money or interest on the reserve account and the money in the account may be co mingled with other Water Department funds 5 Terms and conditions This Agreement includes all of the terms and conditions in the Auburn City Code as applicable and as amended in the future without limiting the foregoing it is agreed as follows A The City owns the satellite water system and will provide service as set forth above performed in accordance with accepted public utility practices B The property owners hereby agree to limit the total number of connections irrigating their property at anyone time to seven 7 The restrictive irrigation requirements shall be conducted by address on an odd and even number basis The even numbered addresses shall be permitted to irrigate on even numbered calendar days while the odd numbered addresses shall be permitted to irrigate on the odd numbered calendar days The design of private irrigation systems shall be limited to a maximum of ten 10 gallons per minute total consumption for each lot C The property owners hereby agree in the event th the satellite system water source is interrupted due to unpredictable conditions such as severe volume reductions contaminated water or any other unforeseen condition the City at its discretion may utilize the alternate well site as described on the development plan or any other reasonable measure to ensure a source of water SATELLITE WATER SYSTEM SERVICE CONTRACT Page 4 10 Integration This Agreement constitutes the entire agreement between the parties There are no other verbal or written agreements or representations which modify or affect this Agreement 11 Covenant Running with the Property It is agreed that this Contract is a covenant running with the property described in Paragraph 2 above and any other properties receiving water in the future from the satellite system and shall be binding on the owners of all such property their heirs and successors and it shall be recorded as an encumbrance against each of the thirteen 13 land parcels MAYOR ATTEST V Robin Wohlhueter City Clerk APPROVED AS TO FORM Uu City Attorney tJeA Q J Ji SATELbITE WATER SYSTEM SERVICE CONTRACT Page 5 STATE OF WASHINGTON SSe COUNTY OF KING On this Jet day of lLI Ch me the undersigned a Notary Pub12ic in and for the Wa hinJ on dlJ y commissioned anc sw r r J l rallY i k Ll I and t jJl1x L L to be the President and Se tary re pectively of i I ix or Jy the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for th uses ang purposes therein mentioned and on oath stated that fru l n authorized to execute the said instrument and that th seal affixed in the corporate seal of said corporation 1 I r before State of appeared to me known witness my hand and official seal hereto affixed the day and year first above written 0 2 I i i i iNDiF Rl THE STkTE OF WASHINGTON RESIDING AT k p STATE OF WASHINGTON SSe COUNTY OF KING 19 before me the State of Washington appeared to me known to be the Mayor and City Clerk respectively of the City of Auburn a municipal corporation and the the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation On this day of undersigned a Notary Public in and for duly commissioned and sworn personally WITNESS my hand and official seal hereto affixed the day and year first above written NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT REF FAC0694 E90 669 ORDINANCE NO 2383 AN ORDINANCE OF THE CITY OF AUBURN WASHINGTON GRANTING TO THE CITY OF TACOMA AND ITS ASSIGNS THE RIGHT PRIVILEGE AND AUTHORITY TO CONSTRUCT AND MAINTAIN A TRANSMISSION MAIN IN CERTAIN STREETS IN THE CITY OF AUBURN FOR THE TRANSMISSION OF FRESH WATER FOR MUNICIPAL PURPOSES THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON DO ORDAIN AS FOLLOWS Section 1 GRANT AND TERMS That there be and is hereby granted to the City of Tacoma a municipal corporation and its assigns the right privilege authority and franchise for a period of fifty 50 years from and after passage of this Ordinance to ay down build construct ad maintain and operate thrgh d caecrtoasi rsee of the City of Auburn underground pipes and conduits for thepurpose of transmitting fresh water for municipal purposes Section 2 TRANSMISSION MAIN For the purpose aforesaid the grantee and its assigns are hereby granted the right liberty and privilege of laying down relaying connecting disconnecting and repairing such transmission main through through and under the avenues streets lanes alleys andpublic highways and public parks and grounds of the City of Auburn as may be necessary proper and convenient for transmitting the fresh water supply of the grantee through the city limits of the grantor Section 3 PLANS AND SPECIFICATIONS Before said grantee and assigns shall begin the construction of the transmission main underneath the said streets or places in the City of Auburn it shall file with the City Engineer of the grantor detailed plans specifications and profiles of the pipeline and shall show the place in said streets or places proposed to be used for aondrcrossed by said pipeline the size of the pipeline and its depth from the surface of the ground The said plans specifications and profiles shall be approved by the City Engineer of the grantee and a permit granted for the same before any excavation or the construction of said pipes shall be commenced which alppro shall not be unreasonably withheld The grantee upon receiving such construction construction permit shall hasten the work of construction with all convenient speed and shall repair the pavement or surface in as good condition as it waS before being disturbed by said grantee and repair it with the same kind of material as now laid on said streets or surface and subject to the approval of the City Engineer of the grantor shall place an inspector upon the said street during the reconstruction of the pavement thereon and the salary of such inspector shall be paid by the grantee and said street shall not be torn up in any event for a longer period than ninety 90 days after the said grantee shall begin the work of construction If the grantee shall fail to build said street or surface in Page One as good condition as it was before or shall fail to rebuild it a all the grantor may proceed to repair said street or surface and charge the expense thereof to the grantee All excavations shall be carefully guardedoas to prevent accidents by reason thereof and the grantee shall save the grantor free and harmless of and from all costs damages and expenses of any kind whatsoever occasioned by such woorrk by the maintenance of such conduits and pipes through and across the street or place and should any final judgment be recovered against said city on account of any damages said grantee shall forthwith pay the same including gsrantor reasonable attorney fees and costs after having been notified in writing to do so by the grantor and the failure of said grantee to make such payment within a period of sixty 60 days after such notice has been given shall operate as a forfeiture of the rights and epgrievsil herein granted provided however that the grantor shall in any suit brought against it on account of such damages and within twenty 20 days after service of process upon it give written notice to the grantee of the pendency of said suit and thereon grantee shall haVe the option of defending said litigation on behalf of the City at its own cost Section 4 NOT TO INTERFERE WITH OTHER PIPES Said pipes shall be laid down in such manner as not to interfere with the sewer or water pipes or any other pipes in said streets and places and all pipes and conduits to be laid down by the grantee shall be of first quality material Section 5 FRANCHISE NOT EXCLUSIVE Nothing in this Ordinance shall be construed as granting to the said grantee and assigns an exclusive right or prevent the granting to other companies or individuals a franchise for like purposes Section 6 SERVICE AVAILABILITY In the event that the City has need for additional domestic water and the grantee determines that it can provide such water from the transmission line and at the rates it charges other consumers similarly located the grantee shall so make available points of distribution in order to provide the additional supply so determined Section 7 ACCEPTANCE In order to claim the rights and privileges granted by this franchise the grantee or assigns shall within tyrh 30 days after the approval of this Ordinance file with the City Clerk of the grantor its acceptance in writing of the franchise granted by this Ordinance Page Two Section 8 from and after its passage approval and publication as provided by law INTRODUCED PASSED APPROVED EFFECTIVE DATE That thiS Ordinance shall take effect five 5 days S2EPTEMBER 1969 SEPTEMBER15 1969 SEPTEMBER15 1969 ATTEST City Clerk AcPPROVAED S TO FORMSCyl orney MAYOR Page Three 123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO 2 5 5 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF BONNEY LAKE FOR OPERATING AND MAINTAINING A PUBLIC WATER SYSTEM WHEREAS the cities of Auburn and Bonney Lake are responsible for operating and maintaining a public water system in accordance with federal state and local laws and regulations and WHEREAS the parties recognize the responsibility of public water utilities to provide for the highest quality of water and reliability of service to their customers at reasonable cost and WHEREAS the parties further recognize that water resources are finite and vulnerable and the prudent use and management of these resources requires cooperation among utilities NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON DULY ASSEMBLED HEREWITH RESOLVES THAT Section 1 The Mayor and City Clerk of the City of Auburn are herewith authorized to execute an Interlocal Agreement between the City of Auburn and the City of Bonney Lake for operating and maintaining a public water system in accordance with federal state and local laws and regulations Resolution No2551 August 2 1994 Page 1 CITY ATTORNEY City of Auburn 25 W Nain Auburn WA 98001 206 3903310 123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A copy of said Agreement is attached hereto designated as Exhibit A and incorporated by reference in this Resolution Section Z The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation DATED and SIGNED this 15th day of August 1994 CITY OF AUBURN MAYOR ATTEST Robin rWhheotehr City Clerk APPROVED AS TO FORM Michael J Reynolds Acting city Attorney Resolution No2551 August 2 1994 Page 2 CITY ATTORNEY City of Auburn 5 W Main Auburn WA 98001 206 3903310 ORIGINAL Tis agreement made and entered into this dayof 19 by and between the City of Auburn hereinafter referred tas uArdn and the City of Bonney Lake hereinafter referred to as Bonney Lake WITNESSETH THAT WHEREAS Auburn and Bonney Lake are responsible for operating and maintaining a public water system in accordance with federal state and Iocal laws and regulations and WHEREAS the parties recognize the responsibility of public water utilities to provide for the highest quality of water and reliability of service to their customers at reasonable cost and WHEREAS The parties further recognize that water resources are finite and vulnerable and the prudent use and management of these resources requires cooperation among utilities and NOW THEREFORE the City of Bonney Lake and the City of Auburn enter into the following agreement A RECITALS Bonney Lake will sell water to Auburn for the purpose of serving a maximum of two rreusidrenatiall domestic service connections for lots that abut the PKieinrcge County Auburn City Limits line in vicinity of Kersey Way S E City of Auburn would install their own meters to individual services and one of these services would be to tax lot 9056 on Kersey Way S adjacent to the county line The meter shall be in the Bonney Lake water service area Pierce County The city of Auburn shall pay the connection charge plus the actual cost of the meter installation The City of Bonney Lake shall own the meter The size of the meter shall be determined by the City of Auburn All the properties served within the City of Auburn water service area will be the responsibility of the City of Auburn Bonney Lake will sell water to the City of Auburn at the standard Outside the City rates Per Bonney Lake Municipal Code Section 101C0340 7 Bonney Lake shall only furnish domestic needs for the two 2 rural residential connections Bonney Lake is not responsible for fire flow RES No 2551 Exhibit A Page I of 2 The Coitfy bAurn will require new service connections from this supply o be protected by a residential fire sprinkler system in accordance with Auburn Fire Department ordinance This agreement shall become null and void at the time Auburn has water available through istown system to serve these properties The City of Bonney Lake shall use reasonable effort to provide a regular uninterrupted supply of water to Auburn Bonney Lake shall not be liable for any shortage or interruption in delivery of water In addition Bonney Lake shaI not be liable for any failure interruption or shortage of water or any loss or damage resulting therefrom occasioned by any cause beyond the control of the City 11 Auburn shall be a customer of Bonney Lake sabhnaedll given the same consideration as any other customer under theiy s rules regulations and Municipal Codes for domestic service only 12 This Agreement to provide water services by Bonney Lake shall continue from year to year on the anniversary date of the later approval date date shown below unless notice of intent not to renew this Agreement is provided by the Mayor of the City of Bonney Lake in writing to the Mayor of the City of Auburn on or before the anniversary date CITY OF AUBURN MAYOR CITY OF BONNEY LAKE APPROVED AS TO FORM ATTEST tCyi Clerk City of Auburn PPROVED AS TO FORM Acting City Attorney City of Auburn RES No 2551 Exhibit A Page 2 of 2 123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO 2721 A RESOLUTION OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO EXECUTE INTERLOCAL AGREEMENT NO 2 FOR THE LEA HILL INTERTIE PROJECT BETWEEN THE COVINGTON WATER DISTRICT KING COUNTY WATER DISTRICT 111 AND THE CITY OF AUBURN THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREBY RESOLVES THAT SECTION 1 The Mayor and City Clerk of the City of Auburn Washington are hereby authorized to execute Interlocal Agreement No 2 for the Lea Hill Intertie Project between the Covington Water District King County Water District 111 and the City of Auburn A copy of said Agreement is attached hereto denominated as Exhibit A and made a part hereof as though set forth in full herein The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Resolution No 2721 August 20 1996 Page 1 CITY ATTORNEY City of Auburn Z5 W Main Auburn WA 98001 2O6 3903310 Interlocal Agreement 2 for the Lea Hill Intertie Project between Covington Water District King County Water District 111 and the City ofAuburn II Project Title Lea Hill Intertie consisting ofconstruction and operation ofpiping pump stations meters and source facilities for a water supply intertie between the City of Auburn Auburn Covington Water District CWDand King County Water District 111 WD111 jointly termed the Participants The project facilities are as shown on Exhibit A Facilities Plan General mo Do FG This Interlocal Agreement 2 IA2 is consistent with the Joint Operating Agreement JOA of the South King County Regional Water Association SKCRWA dated 26 July 1995 There is an immediate need to provide for additional water supply to meet the needs ofCWD and WD111 and meet the emergency needs ofAuburn Performance by Auburn under IA2 shall be subject to its epxisrtieng contractual aonrdwater supply obligations to Algona Kent Muckleshoot Indian Tribe and Pacific Future Interlocal Agreements shall be subject to the terms and conditions ofIA2 It is the intent ofAuburn to create a first in time first in service approach to wholesale ofwater within the limitations ofAsuburn water rights aonrdsupply capacity Auburn has the necessary water system capacity to meet a portion ofthe near term interruptable public water supply needs of CWD and WD111 CWD and WD111 have the necessary system capacity to meet a portion ofthe emergency needs ofAuburn Each Participant desires to develop firm supplies to meet long term continuing needs Each Participant hereby identifies its authorized representative as the General Manager ofCWD the General Manager ofWD111 and as the City Engineer ofAuburn For wholesale water purposes per Section4 C ofthe JOA the following interties exist or are expected to exist in the near future for the Participants to IA2 1 of6 EXHIBIT A CITY OF AUBURN RESOLUTION NO 2721 ADOPTED09369 III CWD abcde f Auburn future Black Diamond future Tacoma future King County Water District 94 future WD111 and Cedar River Water and Sewer District WDlll a Auburn b CWD c Kent and d Soos Creek Water and Sewer District o Auburn a Algona b Kent c WDlll d Pacific e BonneyLake f Lakehaven Utility District future g Muckleshoot Indian Tribe future and g CWD future Interlocal Agreement No 1 132nd Avenue Interim Intertie Project dated 7 November 1995 is terminated by mutual agreement ofthe WD111 and Auburn upon completion ofthe improvements described in Exhibit B ofthis IA2 Description ofProject mo The project facilities are generally described in the Engineering Report prepared by EES dated September 1995 and any subsequent amendments thereto The project includes design construction and operation offacilities to provide water as follows Year Auburn CWD WD111 Total Maximum Maximum Day Maximum Day Maximum Day Day Demand Demand Demand Demand mgd mgd mgd mgd 1998 20 10 20 50 2000 20 15 25 60 2002 20 25 25 70 2005 20 25 25 70 2010 20 25 25 70 2 of6 EXHIBIT a CITY Of AUBURN RESOLUTION NO 2721 ADOPTED09369 IV VI Additional water may be available as mutually agreed to by the Auburn City Council and the Board ofCommissioners ofeither District Water is to be provided from the Auburn system to the Lea Hill Reservoir Site and then to the pipeline on 132d SE running north to the Districts The project will provide for flow control facilities as necessary and a master meter which will be used to measure the water supplied The reverse order is used for water to be provided from the Districts to Auburn Co Respective Facility Ownership Capacity Rights and responsibility for operation maintenance and renewal aonrdreplacementrare as described in Exhibit B Operational parameters shall be as defined in Exhibit C Project Criteria D Auburn will design construct and maintain the facilities constructed under IA2 in accordance with reasonably accepted water utility standards for similar municipal water utilities Facilities will be designed in compliance with the Csity adopted design standards as described in the 1995 Comprehensive Water Plan E The participants agree that an independent Value Engineering Analysis will be done at the 75 percent design level Project Costs A The project costs are estimated as shown on Exhibit D Project Cost Final project costs shall be reviewed and approved by the Participants The Participants shall maintain individual cost records on their expenses for the project Auburn will retain a consultant to maintain total cost records for the project B Costs associated with the development ofnew water sources will be shared based on the basis quantity ofwater each Participant is allocated from the sources Project Financing The Participants shall fully finance and pay for their proportionate share as shown in Exhibit D Project Cost The Districts shall deposit funds with Auburn to perform the project work for the proposed facilities in accordance with the schedule shown in Exhibit E Project Schedule Service Charges mo Auburn has prepared a Cost of Service Study to determine the cost ofservice to its customers Acustomer classification for wholesale has been created and rates for service charges shall be based on a rate study for the wholesale customer classification Auburn will regularly update the cost ofservice analysis Wholesale water rates will be based on costs ofproviding the service Cost ofdeveloping the initial Cost of Service Study and Rate Study will be included within the project costs 3 of 6 EXHIBIT A CITY OF AUBURN RESOLUTION NO 2721 ADOPTED09369 VII VIII WD111 and CWD shall provide a rate to Auburn to be applied for emergency service charges Such rate shall be based on costs ofproviding the service or in the interim until a Cost ofService Rate Study is completed shall be equal to or less than Asuburncurrent wholesale rate Adjustments to the service charges will be made in accordance with Section4H ofthe JOA Project Coordination mo The Participants shall meet monthly for project coordination or more frequently as needed Bo Auburn will retain a consultant to be the overall Project Coordinator Assignment ofresponsibilities to the Project Coordinator shall be by agreement ofthe Participants authorized representatiVes Co The Participants shall be responsible for design construction management and commissioning offacilities to be constructed in conformity to facility ownership Responsibilities may be assigned otherwise by agreement ofthe Participants authorized representatives Conditions of Service mo Auburn does not presently have the necessary capacityeiwater supply aonrd water rights to guarantee delivery of firm uninterruptible water It is acknowledged and agreed that in the event Auburn experiences any failure or decreased capacity for any reason or increased demand within its retail service area the supply to the Districts may be immediately reduced or stopped under such conditions at the sole discretion ofAuburn The Districts agree that Auburn may take such action irrespective of any cost investment in capacity or other reliance which may have been placed upon the intertie facilities and interruptible water supply referenced in this IA2 Bo The Districts specifically acknowledge and agree that failure ofAuburn to obtain additional primary water rights in excess ofAuburn needs shall be cause for not bringing the Districts on a par with Auburn customers For purposes ofthis IA2 on par shall mean Upon receiving new primary water rights for additional water sources in the amount of at least 7 mgd the quantities ofwater described in paragraph IIIB the Districts will be served on the same basis and with the same reliability as service is provided to Asuburnretail customers and Auburn will include the maximum total quantity ofwater cited in paragraph IIIBin all ofits water system planning as ifthe quantity was served to direct service customers and any curtailment restrictions or limitations on delivery would be on the same basis as curtailment restrictions or limitations on delivery to retail customers 4 of 6 EXHIBIT A CITY OF AUBURN RESOLUTION NO 2721 ADOPTED09369 IX XI The Participants will proceed with development and implementation of projects in accordance with the project schedule shown in Exhibit E to increase firm system capacity and a wholesale supply capacity as described in paragraph III B designed to ensure service to the Districts It is anticipated the necessary projects required to provide firm supply will be proposed wells numbers 6 and 7 described in the Csity 1995 Comprehensive Water Plan The City has obtained Supplemental Water Rights for the proposed wells numbers 6 and 7 It is the intent ofthe Auburn to obtain Primary Water Rights for wells number 6 and 7 and additional new wells ifrequired sufficient to provide the quantities of water described in paragraph III B which shall bring the Districts on a par with Auburn customers It is the intent ofAuburn to provide the water described in paragraph IIIB whenever it is available subject to the limitations described in paragraphs VIII A and B Auburn shall use reasonable diligence and best efforts to provide immediate notice in the event it becomes aware that it may not be able to fulfill the requirements ofparagraph III B for any reason Term of Duration ofAgreement This IA2 shall remain in full force unless terminated by mutual agreement ofthe Participants Amendments This IA2 may be amended only in writing by agreement signed by the Participants The authorized representatives shall have authority to updhte exhibits attached hereto The exhibits shall be updated aonrd revised only upon written agreement signed by the Participants authorized representatives Updates must be ratified by AsuburnCity Council Dispute Resolution Should a dispute arise between the participants regarding the technical aspects of the planning design construction funding or operation ofthe facilities contemplated under IA2 the authorized representatives ofthe participants as defined in paragraph IIE shall meet and select two persons who along with the authorized representatives of the participants will form a dispute resolution panel to to resolve the dispute Should the dispute resolution panel not be able to reach a mutually satisfactory resolution the dispute will be resolved as described below Legal disputes between the participants to IA2 shall be resolved through the use ofmediation by a mediator mutually acceptable to the participants with each participant agreeing to equally share the cost ofthe mediator Should the participants not be able to satisfactorily resolve the dispute through mediation the forum for resolution shall be King County Superior Court The substantially prevailing party will be entitled to attorney fees and costs EXHIBIT A 5o6 CITY OF AUBURN RESOLUTION NO 2721 ADOPTED09369 XII Hold Harmless Each Participant agrees to indemnify and hold harmless the other participant from and against any loss cost damage or expense ofany kind and nature arising out of injury to person or damage to property in any mannercaused by the negligent act or omission ofthe indemnified individual participant in the performance of its work pursuant to or in connection with this IA2 XIII Severability Ifany provision ofthis IA2 is invalid or unenforceable the remaining provisions shall remain in force and effect IN WITNESS WHEREOFtthe Participants hereto have caused this IA2 to be executed by their proper Officers on the flday7eob4rfa 1996 City ofAuburn Title Attest By Title Date Covington Water District King County WaXerDistrict 111 6 of6 EXHIBIT A CITY Of AUBURN RESOLUTION NO 2721 ADOPTED09369 ii 3 Exhibit A Facilities Plan Continued Exhibit A Update Approval Aubum CWD4z Auburn WDlll Dated Dated Dated Dated Dated Dated Auburn CWD WD111 Dated Dated Dated 8 of 13 Exhibit B Facility Ownership Capacity Rights Operation Maintenance and Renewal andReplacement Responsibilities to Interlocal Agreement 2 for Lea Hill Interti Project Facility Operation Maintenance Location Facility Capacity Rights RReeplnaceewmeanlt Ownership Responsibility New Lea Hill Pump Green River Road Auburn WD111 25 MGD Auburn Station I04th SE CWD 25 MGD Lea Hill Booster Pump Lea Hill Reservoir Site Auburn WD111 and CWD Auburn Station 95 Auburn5note 2 Flow Control Telemetry Lea Hill Reservoir Site Auburn WD111 and CWD Auburn 95 Auburn5note 2 Meter Station Intersection of 132na SE Auburn WDI I 1 and CWD Auburn and SE 288th Street 95 Auburn 5note 2 i1nc6h Waterline Green River Road 26a Auburn Note 3 Auburn NE to 104th SE i1nc6h Green River Under Green River at Auburn Note 3 Auburn crossing 26nd NE i1nc6h Waterline 104th SE NE 8to Auburn Note 3 Auburn Green River Road i2nc0h Waterline SE 304 New Lea Hill Auburn Note 3 Auburn Pump Station to 116th SE Well 6 City Auburn Note 3 Auburn Well 7 City Auburn Note 3 Auburn i1nc6h Waterline K Street SE 22n Street Auburn Note 3 Auburn PRV SE to 21st Street SE i1nc2h Waterline MStreet SE Well I to Auburn Note 3 Auburn 6th Street SE i1nc2h Waterline 6th Street SE MStreet Auburn Note 3 Auburn SE to F Street SE i1nc2h Waterline F Street SE 6m Street SE Auburn Note 3 Auburn to 2n t Street SE Note 2 Auburn capacity right is in recognition of the emergency capability of the facility Note 3 Capacity right is not specific to facility however participation in constructing the facility provides capacity right to 5 MGDfrom Asuburn water system EXHIBIT A CITY Of AUBURN RESOLUTION NO 2721 ADOPTED 09103196 Exhibit B Facility Ownership Capacity Rights Operation Maintenance and Renewal and Replacement Responsibilities Continued Exhibit B Update Approval 1 Auburn CWD WDlll Dated Dated Dated Auburn CWD WDlll Dated Dated Dated Auburn CWD WDlll Dated Dated Dated EXHIBIT a CITY Of AUBURN RESOLUTION NO 2721 ADOPTED09369 Exhibit C Project Criteria to Interloeal Agreement 2 for Lea Hill Intertie Project Project Criteria Waterlines shall be sized as shown on Exhibit A No storage shall be included in the project All storage required to enable the Districts to optimally use facilities constructed shall be provided by the Districts Pumping Facilities shall be constructed to provide flow rates as described in paragraph IIIB The New Lea Hill Pump Station is to operate at design capacity with one pump in sbtanyd mode The Lea Hill Booster Pump Station is to operate at design capacity with one pump in sbtanyd mode Pump Stations to be designed with single speed pumps Emergency Power not provided at pump stations Flow rates to the Districts from Auburn through the facilities shall be set for constant flow for full 24 hour periods subject to reasonable hydraulic and mechanical tolerances The Districts will notify AUburn by900 AMif the District requests adjustment of the desired pumping rate for the following day except in case ofan emergency In the event Auburn desires emergency water from the Districts the Districts will provide Auburn a daily estimate ofthe volume ofwater which will likely be available during the following 24 hour period Exhibit C Update Approval 1 Auburn Dated Dated WDlll Dated Auburn CWD WDlll Dated Dated Dated EXHIBIT A CITY OF AUBURN RESOLUTION NO 2721 ADOPTED09369 Exhibit D Project Costs to InteHocal Agreement No 2 for Lea Hill Intertie Project Total Est Auburn Cost W13111 Cost CWD Description Cost Cost Percent Cost Percent Cost ef Cost INSIDE AUBURN PIPING 20 along 304th from Pump Station to 570 000 10 05070 45 250506 116th AveSE1W056 45 250506 16on approx 26th from 1to Pump Station 395 000 20 07090 40 010508 duerr Green Rinci 40 010508 crossing1W0S23 16 east of Green River from 8thSt 535 000 20 06070 40 010304 40 to Pump Station 1W01 010304 Meter Station 132nd SE and SE 288th 35 000 5 7150 457 61265 457 12M Streetfrom Well 1 to 6th Street SE 61265 1W1S0 01020 5 0600 457 12 6th Street SE from M 05070 457 05070 Street to F Street1W1S12 01040 5 12F Street 0700 457 56060 457 56060 from 6th Street to 2nd Street SE1W1S3 08050 5 2450 457 34705 457 KStreet Parallel pipeline and PRY1W1S4 34705 06050 5 2350 457 83705 457 83705 PIPING SUBTOTAL 0710405 22505 785759 785759 PUMP STATIONS Green River Pump Station 1W04 350 000 10 03050 45 150507 45 Intertie Pump Station 1W0S7 150507 020405 5 21520 457 131756 457 131756 PUMP STATIONS SUBTOTAL 050905 24570 28735 28735 NEWSUPPLY FACILITIES Onll and Develop Well 6 and Well 157 7 mgd 21t50 000 286 134537 375 42469 375 1S010689 42469 TOTAL ESTIMATED CONSTRUCTION COST 053090 157 62439 421 1417809 421 1417809 PRELIMINARY PROJECT COSTS Cost of Service Study Rate Study 41 000 622 52052 198 7749 198 Consultant Srevices Jan 91 to Dec 7749 94 Feasibility Studies and Water Rights Analysis 54212 333 81431 333 81431 333 81431 Development of Interlocel Agreement 4906 333 Final 1335 333 1335 333 1335 Engineering Repo 1798 157 2162 421 9268 421 9268 PRELIMINARY PROJECT COSTS SUBTOTAl 19296 74430 82973 82973 AILLIED COST Contingency 105 50308 157 49446 421 02227 421 02227 State Sales Tax28 238904 157 65311 421 132715 421 132715 Engineering Oesign56 233503 157 94207 421 29162 421 29162 Construction Engineering157 25609 157 24273 421 01113 421 01113 Legal01 93050 157 2696 421 81042 421 81042 Fiscal01 93050 157 2696 421 81042 421 81042 Administration02 87010 157 51923 421 62094 421 62094 Permits Agency Approvals03 17007 157 81889 421 44045 421 44045 Engineenng Surveys25 78590 157 71451 421 03074 421 03074 LRaOnWd3 141708 157 72708 421 84486 421 84486 TOTAL ALLIED COST500 0710905 381214 TOTAL 074809 074809 PROJECT COST 1452846 290858 2924607 2924607 Exhibit D dUatelaoproval 1 Auburn Dated 2Auburn Dated CWD Dated CWD Dated WD111 Dated WD1 11 Dated EXHIBIT A CITY OF AUBURN RESOLUTION NO 2721 ADOPTED09369 Total lea Hill Inlertie Project Costs 1452846 1gS49g04 2s3 732456 28180813 33828306s3 Fxhlbl D UPdate IDOtoval I Data tu 12 Auburn Date Date C I CWD Date D 7 D ExhibitEProject Schedule to Interlocal Agreement 2 for Lea Hill Intertie Project Activity Date Execute IA2 Rates for service charges provided CWD and WD111 deposit to Auburn CWD and WD111 deposit to Auburn CWD and WD111 deposit to Auburn CWD and WD111 deposit to Auburn CWD and WD111 deposit to Auburn each to provide0200 each to provide0200 each to provide0400 each to provide0500 each to provide 0500 Complete Construction ofWells 6 and 7 CWD andWD111 each to provide0600 deposit to Auburn Complete River Crossing CWD and WD111 deposit to Auburn CWD andWD111 deposit to Auburn CWD and WD111 deposit to Auburn each to provide0500 each to provide03050 each to provide03050 Complete Construction ofWaterlines and Pump Stations Commissioning September 3 1996 September 15 1996 October 15 1996 January 10 1997 April 25 1997 July 6 1997 J1a9nu9ary85 J1an9ua9ry815 1A9pr9il86 July 6 1998 July 6 1998 October 5 1998 May71999 May 14 1999 May 28 1999 12 of 13 2 Activity Exhibit E Project Schedule Continued Date Interim Project Cost Accounting CWD and WD111 each to provide0200 deposit to Auburn Balancing Payment per Interim Accounting Obtain Primary Water Rights for Wells 6 and 7 Final project Cost Accounting Final CWD and WD111 Balancing Payment to Auburn June 30 1999 July 5 1999 July 26 1999 January 3 2000 March 17 2000 April 17 2000 Exhibit E Update Approval 1 Aubu 2 Auburn Dated Dated Dated Dated CWD Dated WDlll Dated o Auburn CWD WDlll Dated Dated Dated REFPP9E1HRR596O7147J6 13 of13 RESOLUTION NO 2 7 8 2 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN 4 WASHINGTON AUTHORIZING THE MAYOR TO EXECUTE A NEW FRANCHISE AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY TO 5 CONSTRUCT OPERATE AND MAINTAIN A WATER SYSTEM IN COUNCIL DISTRICTS 7 9 AND 13 UNTIL YEAR 2021 AND A SHORT TERM FRANCHISE TO CONSTRUCT OPERATE AND MAINTAIN A SEWER SYSTEM IN 7 COUNCIL DISTRICT 7 9 AND 13 UNTIL MARCH 1998 89 THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A 10 REGULAR MEETING DULY ASSEMBLE HEREWITH RESOLVES THAT 11 12 13 SECTION 1 AGREEMENT The Mayor of the City of Auburn is 14 herewith authorized to execute a Franchise Agreement between 15 the City of Auburn and King County to construct operate and 16 maintain a water system in Council Districts 7 9 and 13 17 until year 2021 and a short term franchise to construct 18 19 operate and maintain a sewer system in Council Districts 79 20 and 13 until March 1998 A copy of said Agreement is 21 attached hereto denominated as Exhibit A and a copy of 22 King County Ordinance No 12473 approving the franchise is 23 24 25 26 Resolution No 2782 November 14 1996 Page 1 attached hereto denominated as Exhibit B and made a part 2 hereof as though set forth in full herein 45 SECTION 2 AUTHORIZATTON The Mayor is hereby 6 authorized to implement such administrative procedures as may 7 be necessary to carry out the directires of thisiegislation 8 d olfDATED and SIGNED this ay 1996 9 10 CITY OF AUBURN 11 12 CHARLES A BOOTH 4 MAYOR ATTEST 15 Robin Wohlhueter 18 City Clerk 9 APPROVED AS TO FORM 20 r 22 Michael J Reynolds 23 City Attorney 24 25 26 Resolution No 2782 November 14 1996 Page 2 12473 FRANCHISE NO In the matter of the application for a franchise to operate maintain repair and construct water mains and service lines and appurtenances in over along and under County roads and rwoigahftys in King County Washington The application of the CITY OF AUBURN for a franchise to operate maintain repair and construct water mains and service lines and appurtenances in over along and under County roads and rwhoaisfylocated within the area described in attached Exhibit Ahas been heard on this 0f day of py5Tntrl19e All of the property described in Exhibit A lies outside the limits of any incorporated Town or City Legal notice of the franchise application and of the hearing has been given as is required by law The King County Council having considered the interests proposed and advanced and finding that the granting of this franchise is in the public interest ORDERS that a franchise be granted to the CITY OF AUBURN the Grantee subject to the conditions set forth in Exhibit B attached hereto this franchise and OrdinanceqNToThis franchise grants the right privilege authority and franchise to operate maintain repair and construct mains and service lines and appurtenances as a part of its distribution system in over along and under County roads and rwoigahftyslocated within the area described in ExhibitA This franchise is granted subject to all of the terms and conditions contained hnere within Ordinance No Exhibit aBnd shall expire in tfwivenety years on 3f 20 KING COUNTY WASHINGTON BY TITLE The undersigned accepts all the rights privileges and duties of this franchise subject to all terms conditions stipulations and obligations contained herein within OIrdinance73 and Exhibit CITY OF AUBURN GRANTEE TITLE Dated thiscoddayof 0LgOVc 19 q 1247 3 ExhibitA Beginning at the northwest comer of the George E King Donation Land Claim No 40 situate in Section 31 Township 22 North Range 5 EastWMalso known as the southeast corner of the R H Beatty Donation Land Claim No 37 and No 44 situate in Section 31 Township 22 North Range 5 EastWMand in Section 36 Township 22 North Range 4 EastWMThence westerly along the south boundary of said R H Beatty Donation Land Claim No 37 and 44 and the south boundary of the John M Thomas Donation Land Claim No 42 situate in Section 36 Township 22 North Range 4 EastWMto the easterly boundary of the corporate city limits of the City of Auburn as described in the City of Auburn annexation Ordinance No 4770 Thence northerly along said easterly boundary of the corporate city limits 459feet thence easterly along a line parallel with said south boundary of the John M Thomas Donation Land Claim No 42 an the south boundary of said R H Beatty Donation Land Claim No 37 and 44 to the east boundary of said R H Beatty Donation Land Claim No 37 and 44 Thence easterly along a line parallel with and 459 feet north measured at right angles of the north boundary of said George E King Donation Land Claim No 40 and along said parallel line extended easterly to the thread of the Green River Thence southerly along said thread of the Green River to the north boundary of said George E King Donation Land Claim No 40 extended easterly thence westerly to the point of beginning Together with Beginning with the northwest corner of Section 5 Township 21 North Range 5 EastWM Thence easterly along the north boundary of said Section 5 to the thread of the Green River as described in the City of Auburn Annexation Ordinance No 2511 Thence southerly along said thread of the Green River to the south boundary of Government No 4 situate in Section 5 Township 21 North Range 5 EastWMextended westerly Thence easterly along said south boundary to the easterly margin of the Green River Road and the westerly boundary of the City of Auburn Annexation No 4710 Thence northerly along said westerly boundary of the City of Auburn Annexation No 4710 to the north boundary of the south 030 feet of Section 32 Township 22 North Range 5 EastWMThence westerly along said north boundary to said thread of the Green River as described in the City of Auburn Annexation Ordinance No 2511 Thence southerly along said thread of the Green River to said north boundary of Section 5 Together with Beginning at the southwest corner of the S E 14 of the S W 14 of Section of Section 32 Township 22 North Range 5 EastWMThence northerly along the west boundary of said S E 14of the S W 14of Section 32 to the north boundary of the South 030 feet of said Section 32 Thence easterly along said north boundary of Section 32 and along the north boundary of the south 030 feet of Section 33 Township 22 North Range 5 EastWMto the west boundary of the east 285 feet of the S W 14 of said Section 33 as measured along the south boundary of said Section 33 Thence southerly along said west boundary to said south boundary boundary of Section 33 Thence southerly along a line parallel with the east boundary of the West 12 of Section 4 Township 21 North Range 5 EastWMThence easterly parallel with the north boundary of said Section 4 a distance of 100 feet Thence southerly parallel with said east boundary of the West 12 of Section 4 a distance of 10104 feet Thence easterly parallel with said north boundary of Section 4 a distance of 10505 feet to the west boundary of the east 030 feet of said West 12 of Section 4 Thence southerly along said west boundary of the east 030 feet to the south boundary of the North 12of the South 12 of said Section 4 Thence easterly along said south boundary and along the south boundary of the North 12 of the South 12of Section 3 Township 21 North Range 5 EastWMto the northwesterly margin of Primary State Highway No 2 also known as State Route 18 Thence southerly and westerly along said northwesterly margin to the easterly corporate 3 12473 city limits of the City of Auburn Thence northerly and westerly along said easterly corporate city limits of the City of Auburn to the south boundary of Government Lot No 4 in Section 5 Township 21 North Range 5 EastWMextended westerly Thence easterly to the southeast corner of said Government Lot No 4 Thence northerly to the point of beginning Together with Beginning at the southwest corner of the N E 14 of the S W 14 of Section 21 Township 21 North Range 5 EastWMsaid point located on the easterly corporate city limits of the City of Auburn Thence northerly along said corporate city limits of the City of Auburn to the southeasterly margin of said Primary State Highway No 2 also known as State Route No 18 Thence northeasterly along said southeasterly margin to the thread of the Green River Thence southeasterly along said thread of the Green River to the east boundary of Section 26 Township 21 North Range 5 EastWMThence southerly along said east boundary of Section 26 and southerly along the east boundary of Section 35 Township 21 North Range 5 EastWMto the southeast corner of said Section 35 Thence westerly along the south boundary of said Section 35 to the thread of the White River and the easterly corporate city limits of the City of Auburn Thence north and westerly along said easterly corporate city limits of the City of Auburn to the point ofbeginning Together with Beginning at the southwest corner of Section 36 Township 22 North Range 4 EastWM Thence northerly along the westerly boundary of said Section 36 to the northerly margin of South 277th Street also known as 52nd Street NW which is the southerly corporate limits of the City of Kent Thence easterly along said northerly margin of South 277th Street and along the southerly corporate limits of the City of Kent and along the northerly corporate limits of the City of Auburn to the westerly margin of Auburn Way North Thence southeasterly along said westerly margin 2100 feet more or less to the westerly corporate city limits of the City of Auburn as described in the City of Auburn Ordinance No 2511 Thence southerly along said westerly corporate city limits to the southerly boundary of the W A Cox Donation Land Claim No 38 and 41 Thence westerly along said southerly boundary to the easterly boundary of the Plat of White River Valley Home Tracts as recorded in Volume 13 of Plats Page 17 records of King County Washington Thence northerly along said easterly boundary of the Plat of White River Valley Home Tracts to the northeast corner of Tract 20 of said Plat of White River Valley Home Tracts Thence westerly along the north boundary of said Tract 20 to the westerly margin of 80th Avenue South Thence southerly along said westerly margin of 80th Avenue South to the southerly boundary of Section 36 Township 22 North Range 4 EastWMThence westerly to the point of beginning Less that portion of the above described franchise areas lying within the corporate city limits of the City of Auburn Washington and less that portion of the above described franchise areas lying within the corporate city limits of the City of Kent Washington 4 12473 EXHIBIT BTERMS AND CONDITIONS APPLICABLE TO UTILITIES FRANCHISES GRANTED BY KING COUNTY THIS FRANCHISE is subject to the following terms and conditions 1 DEFINITIONS References to any County official or office also refers to any office that succeeds to any or all of the responsibilities of the named office or official References to laws or applicable laws include federal state and local laws and regulations adopted pursuant to those laws unless otherwise stated references to laws include laws now in effect as the same may be amended from time to time during the operation of this franchise In addition the following definitions shall apply Cable Services The term Cable Services is used as defined in 47 United States Code 522 5 as amended Cable System The term Cable System is used as defined in 47 United States Code 522 6 and King County Code6a010 Jas amended County Road RWoigahftys The term County Road RWoigahftys includes any road street avenue or alley located within the area described in the attached attached Exhibit Ait does not include recreational or nature trails except where the trails intersect or are within roads streets avenues or alleys Director The term Director refers to the chief executive of the King County Department of Transportation Grantee The term Grantee refers to the CITY OF AUBURN its successors and those assignees approved pursuant to paragraph 16 herein Utility The term utility refers either to the Grantee or depending on the context to any other person firm or corporation public or private which may hold a franchise to maintain and operate similar facilities in under over across and along any of the County property described in Exhibit Council The term Council refers to the King County Council acting in its official capacity Other Governing Body The term Other Governing Body refers to any public official or other public board or body as may have the power and jurisdiction to permit or regulate the installation and maintenance of utilities and other facilities in under over across across and along any of the county property described in Exhibit A 5 12478 2 ACCEPTANCE BY GRANTEES OF TERMS AND CONDITIONS The full acceptance of this franchise and all of its terms and conditions shall be filed with the Clerk of the Council within ffoivrtey 45 days from 19 by the Grantee Full acceptance of this franchise is a condition precedent to its taking effect and unless this franchise is accepted within the time specified this grant will be null and void and have no force or effect 3 ENXCOLUSNIVE FRANCHISE This franchise is not exclusive It does not prohibit King County from granting franchises for other public or private utilities in under over across and along any County property including County road rwoigahftys This franchise does not prevent or prohibk King County from constructing altering maintaining or using any County road rwoigahftys covered by this franchise King County retains full power to make all changes relocations repair maintenance etc as it may deem fit 4 JURISDICTION This franchise is intended to convey limited rights and interest only as to those roads and rights of way in which King County has an actual interest It is not a warranty of title or of interest in County road rwoigahftys Whenever any of the County road rwoigahftys as designated in this franchise by reason of the subsequent incorporation of any Town or City or extension of the limits of any Town or City shall later fall within the City or Town limits this franchise shall continue in force and effect until such time as the incorporation aonrd annexation is complete according to applicable State law after which time the County will no longer have any responsibility for maintenance of any County roads rwoigahftysor other County property within the area ofiannconrepxoarattiioonn None of the rights granted to the Grantee shall affect the jurisdiction of King County over County road rwoigahftys or the Csounty power to perform work upon its roadways rwoigahftys or appurtenant drainage facilities including by conswucting altering renewing paving widening grading blasting or excavating All of the rights herein granted shall be subject to and governed by this franchise provided however that nothing in this franchise may be construed in any way as limiting King Csounty rights to adopt ordinances which are necessary to protect the health safety and welfare of the general public 5 REGULATION OF USE AND CONTROL This franchise does not deprive King County of any powers rights or privileges it now has or may later acquire in the future to regulate the use of and to control the County road rwoigahftys covered by this franchise 12473 This franchise authorizes the use of County rwoigahftyssolely for the delivery by the Grantee of natural gas to it customers Additional uses of County rwoigahftysby the Grantee including for cable communication services shall fwst require a separate franchise from King County which conforms to the requirements ofKC627 as amended orKC627A as amended and other applicable law Any use of the Gsrantee equipment of facilities in County rwoigahftys by others including for telecommunication or cable communication services is prohibited unless separately authorized and approved in writing by King County The Grantee agrees that prior to authorizing any person to use the Gsrantee equipment or facilities located in County rwoigahftys the Grantee will require the user to provide the Grantee with an affidavit that it has obtained the necessary franchise or other approval from the County to operate and provide the proposed service in County rwoigahftys At least thirty 30 day prior to executing any agreement with a potential user for the use of the Gsrantee equipment or facilities the Grantee shall fax the affidavit to the King County Office of Cable Communication at02809462 6 EMINENT DOMAIN This franchise and the limited rights and interests for the operation maintenance repair and construction of Gsrantee transmission and service lines and appurtenances are subject to the exercise of eminent domain In the event of an exercise of eminent domain by King County the value to be atlributed to all the rights and interests granted under this franchise shall not exceed the actual amount the Grantee paid to King County in obtaining this franchise 7 ENFORCEMENT Failure of King County on one or more occasions to exercise a right or to require compliance or performance under this franchise or any applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance unless such right has been specifically waived in writing Failure of King County to enforce or exercise its rights under any any provision of this franchise or applicable law does not constitute a waiver of its rights to enforce or exercise a right in any other provision of this franchise or applicable law 8 INDEMNITY AND HOLD HARMLESS The Grantee agrees to indemnify and hold harmless King County as provided herein to the maximum extent possible under law Accordingly the Grantee agrees for itself its successors and assigns to defend indemnify and hold harmless King County its appointed and elected officials and employees from and against liability for all claim demands suits and judgments including costs of defense thereof for injury to persons death or property damage which is caused by arises out of or is incidental to Gsrantee exercise of rights and privileges granted by this franchise The Gsrantee obligations under this section shall include a Indemnification for such claims whether or not they arise from the sole negligence of the Grantee the concurrent negligence of both parties or the negligence of one or more third parties b The duty to promptlyapttender of defense and provide defense to the County at the Gsrantee own expense 12473 c Indemnification of claims made by the Gsrantee own employees or agents d Waiver of the Gsrantee immunity under the industrial insurance provisions of Title 51 RCW which waiver has been mutually negotiated by the parties In the event it is necessary for the County to incur asttorney fees legal expenses or other costs to enforce the provisions of this section all such fees expenses and costs shall be recoverable from the Grantee In the event it is determined that RCW 124145 applies to this franchise agreement the Grantee agrees to defend hold harmless and indemnify King County to the maximum extent permitted thereunder and specifically for its negligence concurrent with that of King County to the full extent of Gsrantee negligence Grantee agrees to defend indemnify and hold harmless the County for claims by Gsrantee employees and agrees to waiver of its immunity under Title 51 RCW which waiver has been mutually negotiated by the parties King County shall give the Grantee timely written notice of the making of any claim or of the commencement of any such action suit or other proceeding covered by the indemnity in this section In the event any such claim arises the County or any other indemnified party shall tender the defense thereof to the Grantee and the Grantee shall have the duty to defend settle or compromise any claims arising hereunder and the County shall cooperate fully therein Notwithstanding the above the County shall have no obligation to tender a defense as a condition of the indemnity where there is a material conflict between the interests of the Grantee and King County 9 VACATION If at any time King County vacates any County road rwoigahftyscovered by this franchise King County will not be held liable for any damages or loss to the Grantee by reason of such vacation King County may after giving thirty 30 days written notice to the Grantee terminate this franchise with respect to any County road rwoigahftysvacated 10 REPAIR REMOVAL OR RELOCATION The Grantee hereby covenants at its own expense to repair remove or relocate existing facilities including all appurtenant facilities and service lines connecting its system to users within King County road rwoigahftys if such repair removal or relocation is required by King County for any County road purpose Such repair removal or relocation shall not be unreasonably required The grantee shall at no expense to the County adjust remove or relocate existing facilities within County road rwoigahftys including all appurtenant facilities and service lines connecting its system to users if the County determines such adjustment removal or relocation is reasonably necessary to allow for an improvement or alteration planned by the County in such road roighft way The County shall give the Grantee written notice of such requirement as soon as practicable at the beginning of the dpesrigen stage for projects that are part of the Csounty capital improvement program including such available information as is reasonably necessary for the Grantee to plan for such adjustment removal or relocation 8 12473 For projects that are a part of the Csounty capital improvement program in addition to any other notice given to the Grantee the County shall provide a vertical and horizontal profile of the roadway and drainage facilities within it both existing and as proposed by the County and the proposed construction schedule notwithstanding any permit conditions that may later be applied to the County project this initial design information shall be given at least 180 days before construction is scheduled to begin except in cases of urgent construction or emergencies The Grantee shall respond to this notice and to any later notices of revised designs based on permit conditions within no more than thirty 30 days by providing to the County the best available information as to the location of all of the Gsrantee facilities including all appurtenant facilities and service lines connecting its system to users and all facilities that it has abandoned within the area proposed for the public works project The County shall offer the Grantee the opportunity to participate in the preparation of bid documents for the selection of a contractor to perform the public works project as well as all required adjustments removals or relocations of the Gsrantee facilities Such bid documents shall provide for an appropriate cost allocation between the parties The County shall have sole authority to choose the contractor to perform such work The Grantee and the County may negotiate an agreement for the Grantee to pay the County for its allocation of costs but neither party shall be bound to enter into such an agreement Under such an agreement in addition to the Gsrantee allocation of contractor costs the Grantee shall reimburse the County for cost such as for inspections or soils testing related to the Gsrantee work and reasonably incurred by the County in the administration of such joint construction contracts Such costs shall be calculated as the direct salary cost of the time of County professional and technical personnel spent productively engaged in such work plus overhead costs at the standard rate charged by the County on other similar projects including joint projects with other County agencies 11 REOUIREMENT OF CONSTRUCTION PERMITS The Grantee its successors or assigns has the right privilege and authority to enter the County road rwoigahftys for the purpose of operating maintaining repairing or construction its transmission and service lines and appurtenances on the condition that it obtains permits approved by the Director and Property Services Division and when applicable by the Department of Development and Environmental Services Applications for work permits shall be presented to the Property Services Division which may require copies of plans blueprints scercotiosnss or further detailing of work to be done In the event of an emergency the Grantee may immediately commence the necessary work and shall apply the next business day for the work permit Any work done whether by Grantee its contractors or third parties will include necessary paving patching grading and any other reasonably necessary repair or restoration to the County road rwoigahftys All work shall be done to the satisfaction of the Director All equipment lines and appurtenances which are used in the operation maintenance repair or construction of the Gsrantee service and which are located within the County road rwoigahftys shall be considered to be part of the Gsrantee system and shall be the responsibility of the Grantee All permits for the operation maintenance repair or construction of said system shall be applied for and given in the name of the Grantee who will be responsible for all work done under the permit The Grantee remains responsible whether the work is done by the Grantee its contractors or by third parties 12473t The Grantee shall at no expense to the County assume the following obligations with respect to the facilities connected to its system that are within County road rwoigahftys and which it does not own including appurtenant facilities and service lines connecting its system to users a The Grantee shall apply for upon request and on behalf of the owner of the facilities a Countyrwoigahfytconstruction permit for any repairs required for such facilities provided such owner agrees to reimburse the Grantee for all costs incurred by the Grantee and any other reasonable conditions the Grantee requires as a precondition to applying for the permit All work to be performed in the County rwoigahfytshall comply with all conditions of the County permit and all applicable County requirements The Grantee may at its option perform any part of the repair with its own forces or require the owner to employ a contractor for that purpose provided such contractor is approved by the County Co In the event that the County determines emergency repair of such facilities is necessary to halt or prevent significant damage to County road rwoigahftysor significant threats to the health safety and welfare ofparties other than the owner or the occupants of the building served by such facilities the Grantee shall take prompt remedial action to correct the emergency to the Csounty approval which the County shall not unreasonably withhold c When the County or its contractor provides notice to the Grantee pursuant to RCW 11292 of its intent to excavate within County road rwoigahftysthe Grantee shall provide to the County or its contractor the best information available from the Gsrantee records or where reasonable from the use of locating equipment as to the location of such facilities including surface markings where these would reasonably be ofuse in the excavation If the Grantee fails to make good faith efforts to provide the above information within the deadlines provided by RCW 11292 the Grantee shall hold the County harmless for all reasonable costs that result from damage to such facilities if such damage occurs as a result of the failure to provide such information Nothing in this subsection is intended or shall be construed to create any rights in any third party or to form the basis for any obligation or liability on the part of the County or the Grantee toward any third party nor is anything in this subsection intended to be construed to alter the rights and responsibilities of the parties under RCW 11292as amended 12 RESTORATION OF COUNTY ROAD RWOIGAHFTYS After work on under or adjacent to County road rwoigahftysthe Grantee is responsible for and will leave all County road rwoigahftys in as good a condition as they were in before any work was done In the event that the Grantee its contractors or third parties working under permit should fail to restore County road rwoigahftys to the satisfaction of the Director King County may make such repairs or restorations as are necessary to return the County road rwoigahftys to its wporrek condition Upon presentation of an itemized bill for repairs or restorations including the costs of labor and equipment the Grantee will pay the bill within thirty 30 days If suit is brought upon the Gsrantee failure to pay for repair and restoration and if judgment in such a suit is entered in favor of King County then the Grantee shall pay all of the actual costs including interest from the date the bill was presented disbursements and asttorney fees and litigation related costs incurred l0 19 OPRMEANCIEOF WORK 12473 The Grantee covenants that in consideration for the rights and privileges granted by this franchise all work performed by the Grantee on County road rwoigahftys shall conform to all County requirements including but not limited to the requirements of the current edition of the County Road Standards in force when the work is performed and all traffic control shall also conform to the current edition of the Manual of Uniform Traffic Control Devices in force when the work is performed 14 BLASTING REOUIREMENTS The right to operate maintain repair and construct Gsrantee distribution and service lines and appurtenances granted by this franchise does not preclude King County its agents or contractors from blasting grading or doing other road work to the Gsrantee lines and appurtenances Except in the case of an emergency the Grantee will be given ten 10 business days written notice of any blasting so that the Grantee may protect its lines and appurtenances If the Grantee notifies the County within ten 10 business days that the facilities will have to be relocated to protect them from blasting the County will defer the blasting for up to ninety 90 days from the date of the original notice In no event will the Grantee be given less than two2 business days written notice of any blasting Notification of any excavation shall be provided through the OCnaell System as provided by RCW 11292 as hereinafter amended 15 SURVEY MARKERS AND MONUMENTS It shall be the responsibility of the Grantee performing any construction work in the County road rwoigahftys to restore any survey markers or monuments disturbed by such construction in accordance with RCW1053890and as bereinafter amended 16 ASSIGNMENT The Grantee shall not have the right to assign this franchise without the consera of the Metropolitan King County Council given by Ordinance No assignment shall be effective unless an acceptance by the assignee of all rights conditions terms provisions and responsibilities contained within the franchise as well as surety bonds which the Council deems necessary to be posted are received Council approval of the assignment may be made subject to the asssignee acceptance of new or modified terms of the franchise 17 EXPIRATION AND RENEWAL To the extent described in ExhibitA all rights granted by this franchise to County road roighfts way outside incorporated Towns and Cities apply to all existing County road rWoighaftys improved and unimproved and to all County road rwoigahftys acquired by King County during the term of this franchise If the Grantee has initiated a renewal of this franchise before it expires the County may at its sole discretion extend the term of the franchise on a month to month basis for up to one year Should the County elect to extend the franchise written notice shall be provided to the Grantee before the franchise expiration date If the Grantee has not applied for a renewal of this franchise before it expires King County has the right to remove or relocate any lines and appurtenances of the Grantee as is reasonably necessary for the psublic health welfare safety or convenience including but not limited to the safe operation of County roads franchise holders or for the construction renewing altering or improving of any County road rwoigahfyt or for the installation of lines aonrd facilities of other franchise holders Grantee shall be liable for the costs incurred in any removal or relocation of its lines and appurtenances under this section Costs include the expense of labor and equipment Upon expiration of this franchise the Grantee shall continue to be responsible for the operation and maintenance of existing facilities in the County road rwoigahftys until removed assigned to another franchised utility or abandoned however the Grantee shall not have the right to provide additional services or construct new facilities King County will issue permits required for the repair and maintenance of the existing facilities in accordance withKC014545 as mended and Section 11 of this franchise This section and sections 8 103and 15 of this franchise shall continue in force until such time as the lines are removed from County road rwoigahftysassigned to another franchised utility or abandoned in place with the approval of the Manager of the Department of Transportation Road Services Division 18 RESERVATION OF RIGHTS King County specifically reserves for itself the right to impose a utility tax on the Grantee if such taxing authority is granted by State of Washington and the local option is exercised by the King County Council King County also specifically reserves the right to exercise authority it has or may acquire in the future to secure and receive fair market compensation for the use of its property pursuant to an ordinance If King County elects to exercise such authority the fair market compensation requirement for Grantee shall be imposed by by ordinance not less than one hundred eighty 180 days after written notice Compensation Notice is delivered to the Grantee said Compensation Notice identifying with specificity the definition terms aonrd formula to be used in determining such fair market compensation Acceptance of King Csounty definition terms aonrd formula identified in the Compensation Notice will occur if the Grantee accepts in writing within thirty 30 days of receipt of the Compensation Notice or if Grantee takes no action in writing within thirty 30 days of receipt of the Compensation Notice in which case the applicable ordinance that the King County Council passes will be determinative Nothing in this section shall be construed as an agreement by the Grantee of King Csounty right to exercise authority it has or may acquire in the future to secure and receive fair market compensation for the use of property Nothing in this section shall be construed to prohibit the Grantee from challenging in King County Superior Court or a court of competent jurisdiction the legality of such right Gsrantee rejection of the definition terms aonrd formula identified in the Compensation Notice will only occur if such rejection is in written form identifying with specificity the grounds for such rejection and delivered to King County within thirty 30 days after receipt of the Compensation Notice in which case the below identified arbitration terms will apply 12 12473 a The Grantee and King County will select one arbitrator each and the two selected arbitrators will select a third arbitrator If the two arbitrators have not selected a third arbitrator within thirty 30 days after the selection of the last selection of the two either the Grantee or King County may apply to the presiding judge of the King County Superior Court for the appointment of a third arbitrator The three arbitrators will determine the method for determining the fair market compensation for the County property used by the Grantee The arbitration procedure employed shall be consistent with the rules and procedures of the American Arbitration Association The decision of a majority of the arbitrators will bind both the Grantee and King County At the conclusion of the arbitration the arbitrators will submit written reports to the Grantee and King County which shall contain all pertinent evidence that led to their conclusion together with an explanation of their reasoning for such conclusion b The fees of the arbitrators selected by each party shall be paid by that party and the fees of the third arbitrator shall be paidohnaelfby the County and the Grantee The other costs of the proceeding shall be shared equally by the County and the Grantee c In event that the question of fair market compensation is not resolved prior to the effective date specified by the ordinance authorizing said compensation the arbitration decision will be applied retroactively to the effective date in the ordinance The Grantee will pay the retroactive sum plus interest in the amount of twelve percent 12 per annum Nothing in this franchise may be construed to limit the exercise of authority now or later possessed by the County or any other governing body having competent jurisdiction to fix just reasonable and compensatory rates or other requirements for services under this franchise Nothing in this section shall be construed to prohibit the Grantee from challenging in King County Superior Court or a court of competent jurisdiction the authority of the County or any other governing body to fix rates or other requirements for services 19 COMPLIANCE WITH LAWS Grantee shall conform to all applicable federal state and local laws and regulations including but not limited to the State Environmental Policy Act and King County environmental standards and ordinances 20 DNISCROIMINANTION CLAUSE In all hiring or employment made possible or resulting from this franchise agreement there shall be no discrimination against any employee or applicant for employment because of sex sexual orientation age race color creed national origin marital status or the presence of any sensory mental or physical handicap unless based upon a bona fide occupational qualification and this requirement shall apply to but not be limited to the following employment advertising loafyf or termination rates of pay or other forms of compensation and selection for training including ap prenticeship No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this agreement on the grounds of sex sexual orientation race color creed national origin age except minimum age and retirement provisions marital status or the presence of any sensory mental or physical handicap 13 12473 Any violation of this provision shall be considered a violation of a material provision of this agreement and shall be grounds for cancellation termination or suspension in whole or in part of the agreement by the County and may result in ineligibility for further County agreements The Grantee shall make the best efforts to make opportunities for employment aonrd contracting services available to women and minority persons The Grantee recognizes that King County has a policy of promoting afftrmative action equal opportunity and has resources available to assist Grantee in these efforts 21 PENALTY FOR VIOLATION OF CONDITIONS If the Grantee shall violate or fail to comply with any of the material terms conditions or responsibilities of this franchise through neglect or failure to obey or comply with any notice given the Grantee under the provisions of this franchise or if the Grantee abandons its franchise the Council may revoke this franchise King County shall give written notice of its intent to revoke this franchise A public hearing shall be scheduled within ffoivrtey 45 days following the notification The decision to revoke this franchise will become effective ninety 90 days following the public hearing if the County by ordinance finds A That the Grantee has not substantially cured the violation or failure to comply which was the basis ofthe notice or B that the violation or failure to comply which was the basis of the notice is incapable of cure orC that the Grantee has repeatedly violated or failed to comply with any of the material terms conditions or responsibilities of the franchise even though the individual violations have been cured and D that the revocation of the franchise is in the public interest During the ffoivrtey 45 days following the notification the Grantee shall have the opportunity to remedy the failure to comply 22 RIGHT OF APPEAL Decisions requirements or approvals of the Director are binding on the parties to this document Appeals from the Dsirector determinations will be made by by filing a complaint with the King County Superior Court 23 SEVERANCE This franchise gives effect to purposes and uses which are consistent with economical and efficient services rendered in the public interest If any provision of this franchise or its application is determined to be invalid by a court of law then the remaining provisions of this franchise shall continue and remain valid unless the dominant purpose of the franchise would be prevented or the public interest is no longer served Revised 20571 12473 FRANCHISE EXTENSION AGREEMENT RECITALS WHEREAS the City of Auburn currently holds water and sewer Franchise 7543 granted by King County Washington for the operation of its sewer and water system in unincorporated King County and WHEREAS the City of Auburn franchise expired on November 30 1994 and WHEREAS the City of Auburn has requested a renewal of said franchise and WHEREAS a water and sewer franchise was approved by the Council under Ordinance 7543 on May 22 1989 This extension is for the sewer portion only and WHEREAS the water franchise for that portion of the water system will be incorporated in the franchise for proposed Ordinance No 69862 which consolidates all of the City of Auburn water franchises into one franchise agreement and WHEREAS the City of Auburn King County and the Utilities Technical Review Committee recommend that said franchise be extended until March 1 1998 to give the City the opportunity to complete and obtain approval of its updated sewer comprehensive plan and WHEREAS no objections have been raised to the granting of this request and WHEREAS King County has approved the extension of this franchise until March 1 1998 through the passage of Ordinance No 749 subject to the conditions contained in the ordinance and this agreement NOW THEREFORE King County Washington and the City of Auburn agree as follows 1 The terms of King County Water and Sewer Franchise 7543 is hereby approved and extended so that it will now expire on March 1 1998 2 All other conditions of King County Water and Sewer Franchise 7543 shall remain in full force and effect and are not modified or amended by this agreement or Ordinance No CITY OF AUBURN WASHINGTON KI COUp WASHINGTON TITLE ctc TITLE GHRISTOPHSR VANCF 1 0969 Introduced By Brian Derdowski 2 AM9UBMRN6ScB2 Proposed No 69862 38 AN ORDINANCE approving a franchise for the City of Auburn to 9 construct operate and maintain water system in Council Districts 7 10 9 and 1 and a shoe term franchise to sctmectapteeand 11 maintain a sewer system in Council Disiridts 7 9 and land 12 authorizing the Executive to execute the franchise agreements 13 14 STATEMENT Or FACTS 15 16 I The City of Auburn has filed an application for franchises in council districts 7 9 17 and i to construct operate and maintain water and sewer systems to serve residential multi 18 family and commercial areas in accordance withCRW035150 andKC257 19 2 0 2 The csity comprehensive plan for water was approved on June 7 i 996 by King 2 1 County Ordinance 12342 22 2 3 3 The csity sewer plan was approved in 982 KC1234i 10 requires that the 2 4 sewer plan be updated by the end of 1996 and further that it be updated every 6 years or that 2 5 a demonstration be made that the plan is consistent with the 1994 King County 2 6 Comprehensive Plan There is nodocumentation offered to show tshucahta demonstration 2 has been made 28 2 9 4 The existing franchises expired in May of this year 30 31 5 The application has been referred to the relevant county departments for review 32 3 3 6 The King County executive has recommended approval of the franchise 34 3 5 7 The Utilities Technical Review Committee reviewed and approved the dsistrict 3 6 franchise legal description and map on April 26 1995 37 38 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY 39 10 SECTION 1 The granting ofa franchise to the City of Aubum to construct operate and 4 1 maintain a water system within King County is hereby approved for a period offitwvenety 4 2 years The granting ofa franchise extension to the City ofAuburn to construct operate and 4 3 maintain a sewer system within King County until March 1 1998 is hereby approved The 4 4 extension period is provided to allow time for the City to demonstrate its compliance with 4 5 CK1121340 The King County executive is authorized to enter into and execute the 4 6 water system franchise and the sewer franchise extension for the terms specified which by 4 7 this reference is fully incorporated herein Said franchises shall 12473 1 include all bf the geheral and special conditions required by the county 2 SECTION 2 If within 45 days after the granting of this franchise the applicant shall 3 have failed to sign the written acceptance incorporated herein then the rights and privileges 4 granted herein shall be forfeited and said franchise shall be null and void 5 INTRODUCED AND READ for the first time t lt xt 0td his day of i 996 6 PASSED by a vote0o2f tthoiOSdYOdayqeon9f9Jlc6t 7 KING COUNTY COUNCIL 8 GLKTUIONNN 9 l0 ll 12 13 14 ATTEST 15 20 is of 1996 E 21 22 24 King tY xecutive 25 2 6 Attachments 27 A Franchise Agreement for Water 2 8 B Franchise Extension for Sewer 2 123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO 2 9 2 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SETTLEMENT AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF BONNEY LAKE WHEREAS Auburn and Bonney Lake are currently involved in several related disputes regarding the provision of water service to a development known as Lakeland Hills South within Asuburn dceusrirgenanttelyd Pierce County Potential Annexation Area and WHEREAS Auburn is currently seeking to annex a portion of its Pierce County Potential Annexation Area and WHEREAS Bonney Lake is currently opposing said annexation proposal and WHEREAS Bonney Lake has initiated litigation against Auburn in Pierce County Superior Court alleging tortious interference with a contractual relationship and WHEREAS Auburn has threatened legal aonrd administrative action with respect to various water rights owned by Bonney Lake and WHEREAS Bonney Lake has threatened legal aondr administrative action with respect to various water rights owned by Auburn and Resolution No 2925 February 27 1998 Page 1 123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS the parties hereto desire to enter into a settlement agreement the express intent of which is to settle all claims and disputes between Auburn and Bonney Lake relating to the provision of water service to Asuburn Pierce County Potential Annexation Area and related water rights issues and WHEREAS Bonney Lake and Auburn are both desirous of entering into cooperative arrangements to provide for the efficient and ecffoectsivet provision of water to their customers NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH RESOLVES AS FOLLOWS Section 1 The Mayor and City Clerk of the City of Auburn are herewith authorized to execute the Settlement Agreement between the City and the City of Bonney Lake A copy of said Settlement Agreement is attached hereto designated as Exhibit A and incorporated by reference in this Resolution Section 2 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation DATED and SIGNED this 2nd day of March 1998 Resolution No 2925 February 27 1998 Page 2 123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST Danielle E Daskam City Clerk APPROVED AS TO FORM ids City Attorney Resolution No 2925 February 27 1998 Page 3 CITY OF AUBURN CHARLES A BOOTH MAYOR SETTLEMENT AGREEMENT CITY OF AUBURN AND CITY OF BONNEY LAKE THIS SETTLEMENT AGREEMENT Agreement is entered into thisLday of March 1998 by and between the CITY OF AUBURN Auburn a municipal corporation and the CITY OF BON LAKE Bonney Lake a municipal corporation WHEREAS Auburn and Bonney Lake are currently involved in several related disputes regarding the provision of water service to a development known as Lakeland Hills South LHS within Asuburn dceusrirgennattelyd Pierce County Potential Annexation Area PC PAA WHEREAS Auburn is currently seeking to annex a portion of its PC PAA and WHEREAS Bonney Lake is currently opposing said annexation proposal and WHEREAS Bonney Lake has initiated litigation against Auburn in Pierce County Superior Court alleging tortious interference with a contractual relationship and WHEREAS Auburn has threatened legal aondr administrative action with respect to various water rights owned by Bonney Lake and Settlement Agreement City ofAubum City ofBonney Lake March 3 1998 Page 1 arsgrcaeec i tybonney Exhibit A Auburn Resolution No 2925 WHEREAS Bonney Lake has threatened legal aondr administrative action with respect to various water rights owned by Auburn and WHEREAS the parties hereto desire to enter into a settlement agreement the express intent of which is to settle all claims and disputes between Auburn and Bonney Lake relating to the provision of water service to Asuburn PC PAA and related water rights issues and WHEREAS Bonney Lake and Auburn are both desirous of entering into cooperative arrangements to provide for the efficient and ecffoectsivet provision of water to their customers NOW THEREFORE the parties agree as follows 1 Bonney Lsake claims against Auburn in Pierce County Cause No 092852712 shall be dismissed with prejudice and without costs to either party 2 Bonney Lake shall withdraw its opposition to Asuburn proposed annexation of a portion of Asuburn PC PAA in Pierce County Boundary Review Board Case No 9A57 3 Auburn recognizes and agrees to Bonney Lsake exclusive right to serve with water all portions of Bonney Lsake water service area as designed by the 1995 Pierce County Coordinated Water System Plan for a period of seven years from the effective date of any Auburn annexation of Settlement Agreement City ofAuburn City ofBonney Lake March 3 1998 Page 2 iasctygboraneneey Exhibit A Auburn Resolution No 2925 any area within such service area It is understood that Auburn anticipates multiple annexation proceedings regarding such areas Bonney Lake shall not oppose such annexation proposals and pursuant to this paragraph Bonney Lake shall have the exclusive right to serve each annexation area for seven years from the effective date of annexation 4 Upon the expiration of each syeevaenr period or sooner if requested by Bonney Lake provided for in paragraph 3 with respect to a particular portion of Bonney Lsake water service area Auburn shall at its option have the exclusive right to serve such area with water subject to the further requirements and conditions contained in paragraphs 5 and 6 of this Agreement 5 Upon the expiration of each syeevaenr period or sooner if requested by Bonney Lake provided for in paragraph 3 with respect to a particular portion of Bonney Lsake water service area Bonney Lake shall at Asuburn option transfer to Auburn by bill of sale all of its ownership rights in water system facilities located within and used to serve such area with the exception of facilities retained by Bonney Lake in accordance with paragraph 6 below Auburn shall have no obligation to compensate Bonney Lake for such facilities as are transferred by Bonney Lake pursuant to this Section Settlement Agreement City ofAubum City ofBonney Lake March 3 1998 Page 3 alsgcraeeci tybonney Exhibit A Auburn Resolution No 2925 Facilities to be transferred pursuant to this paragraph shall include water pipes but shall not include source or storage facilities including but not limited to Bonney Lsake Tacoma Point Wells and Tacoma Point Reservoir nor those facilities reserved to Bonney Lake under paragraph 6 6 In contemplation of Asuburn anticipated eventual takeover of water service from Bonney Lake within Asuburn annexation area and for the purpose of providing Bonney Lake a looped system after Asuburn takeover of water service within its annexed areas hereunder Auburn shall prior to the takeover of service within any portion of Bonney Lsake current water service area construct or cause to be constructed and transfer or cause to be transferred to Bonney Lake free of charge future 12 water transmission line as shown on the attached Exhibit A to the southern boundary of Asuburn PC PAA provided that in the event the particular alignment shown on Exhibit A shall prove impractical or unavailable such lines shall be constructed in an alignment as mutually agreed to by the parties Auburn shall construct or cause these facilities to be constructed and transferred to Bonney Lake without regard to the progress or lack of progress of the development of LHS Such facilities shall be constructed in accordance with applicable Bonney Lake standards In addition Auburn will Settlement Agreement City ofAubum City ofBonney Lake March 3 1998 Page 4 cascitygboraneneey Exhibit A Auburn Resolution No 2925 not take over water service from Bonney Lake and Bonney Lake will retain ownership of its water system within that area shown on Exhibit B attached hereto This area will remain part of Bonney Lsake water service area and the facilities serving it will remain part of Bonney Lsake water system in perpetuity notwithstanding possible annexation of the area by Auburn at any time in the future 7 Auburn shall guarantee Bonney Lake the right in perpetuity to transport water through Asuburn corporate boundaries within Pierce County in order that Bonney Lsake ability to serve its water service area as recognized in this Agreement is not hindered or rendered impractical Such guarantee shall be effectuated by the execution of such easements agreements franchises licenses or other documents as are appropriate on terms that are in no respect less favorable or advantageous to Bonney Lake than those governing the operations of Asuburn own water utility within its corporate limits Auburn shall not condemn or otherwise interfere with any Bonney Lake water facilities covered by this paragraph or paragraph 8 Neither Auburn nor any of its agents employees attorneys or contractors shall challenge directly indirectly or through third parties through legal or administrative proceedings or any other means Bonney Lsake Settlement Agreement City ofAuburn City ofBonney Lake March 3 1998 Page 5 alsgcraeecitybonney Exhibit A Auburn Resolution No 2925 existing water rights including but not limited to Bonney Lsake water rights associated with its Tacoma Point Wells The rights associated with its Tacoma Point Wells are specifically as follows 1 Lake Tapps Water Co Certificate No C 2A809 with a date of priority 25137 for 100gpm and 45af 2 Tacoma Point Well No 2 Certificate No C G2 2 C 685 with a date of priority of 2586 for 1000gpm and 800af and 3 Tacoma Point Well No 4 Permit Number 2G76923 with a date of priority of 3910 for 1200gpm and 1600af Because of production problems associated with Bonney Lsake current wells at Tacoma Point Asuburn agreement not to protest or interfere extends to and includes Bonney Lsake drilling of another well or wells at Tacoma Point to achieve full production of its certificated and permitted water rights It also includes Bonney Lsake effort to proceed to certificate on its permit rights in Tacoma Point Well No 4 referenced above Bonney Lake agrees not to seek to increase its water rights in the Tacoma Point well field for any appropriation beyond these cpeerrtimficiattteedd levels Bonney Lake shall not challenge directly Settlement Agreement City ofAuburn City ofBonney Lake March 3 1998 Page 6 cascitygboraneneey Exhibit A Auburn Resolution No 2925 indirectly or through third parties through legal or administrative proceedings or any other means Asuburn existing water rights or Asuburn efforts to use those rights in order to serve its PC PAA with water including any application to permit the withdrawal of water from wells located within LHS commonly known as Lakeland wells 5b and 5c provided that such rights in Lakeland wells 5b and 5c are supplemental to Asuburn existing rights in wells 5 and Sa For purposes of this paragraph the word challenge shall include both direct actions such as the filing of any lawsuit complaint or letter of protest as well as indirect actions such as assisting facilitating encouraging or approving any such actions on the part of a third party Each party will terminate and withdraw any pending challenges to the osther water rights that have been initiated Each party expressly reserves the right to challenge any application for new water right or change in water right that is made after the date of this Agreement provided that any application for certification of a water right for which a party already holds a permit shall not be deemed an application for new water right or change in water right made after the date of this Agreement Settlement Agreement City ofAuburn City ofBonney Lake March 3 1998 Page 7 crscaityeboaneney Exhibit A Auburn Resolution No 2925 9 In order to facilitate the practical and efficient provision of water service to the portion of LHS outside Bonney Lsake current water service area the parties will work together cooperatively to agree on an amendment of their respective water service area boundaries in this area 10 At such time as either party wishes to pursue the development of additional water source or supply or water storage facilities in the vicinity of LHS the party will provide notice of same to the other party and the parties will thereupon meet to confer with respect to their respective needs and interests in regard to additional source supply or storage Should it appear that the interests of the parties are sufficiently aligned the parties will mutually agree to join in the development of said additional source supply or storage facilities on such terms as the parties may agree are equitable 11 In the future at such time as Asuburn water system has been more fully developed in the area of LHS aondr on its common boundary with Bonney Lsake water service area the parties may agree that it is in their mutual best interests and the best interests of their respective customers to enter into an agreement providing for one or more interties between their water systems to be constructed Settlement Agreement City of Auburn City of Bonney Lake March 3 1998 Page 8 casclitgybroaennee ExhibitA Auburn Resolution No 2925 12 Each party agrees to sign such documents and to take such actions as are necessary to implement the purpose and intent of this Agreement 13 Time is of the essence under this Agreement The terms of this Agreement shall be specifically enforceable by the parties hereto 14 Each of the individuals signing this Agreement on behalf of a party warrants that shhee has the authority to sign the Agreement and thereby to bind the party on whose behalf shhee signs 15 This Agreement shall be binding on the heirs successors and assigns of the parties 16 This Agreement is designed strictly for the purpose of compromising disputed claims and avoiding the expense and risks of litigation The Agreement shall be construed according to the fair intent of the language as a whole and not for or against either party 17 In the event of any disputes arising out of the implementation or enforcement of this Agreement the parties agree to submit said disputes first to mediation and if mediation is unsuccessful then to binding arbitration in accordance with Ch 704 RCW provided however that each party reserves the right to seek injunctive or other similar equitable relief from a court of competent jurisdiction in Settlement Agreement City ofAuburn City ofBonney Lake March 3 1998 Page 9 ascgraeecitybonney Exhibit A Resolution No 2925 order to preserve the status quo pending any mediation or arbitration or to otherwise protect a right or remedy that might otherwise be lost if such interim relief were not obtained 18 This Agreement shall not waive Asuburn right to assess and collect any taxes assessments or fees which it is otherwise authorized under law to assess or collect on any water service provided that Asuburn assessment and collection of any such taxes assessments or fees with respect to any area served with water by Bonney Lake shall be upon the same terms as Asuburn assessment and collection of any such taxes assessments or fees with respect to areas served with water by Auburn By Its By CITY OF AUBURN CHARLES A BOOTH Its Settlement Agreement City ofAuburn City ofBonney Lake March 3 1998 Page 10 casitygboraneneeyl Exhibit A Resolution No 2925 EXISTING I6NCH AND I1NC2H WATER MAINS APPURTENANCES CUSTOMERS ALON 2ND TRANSFEjtRED TOiLAU EXlSTINO 6WATE MAIN IN BETWEEN 2nd ST AND 4h ST TRANSFERRED TO AUBURN BONNEY LAKE TO RETAIN 2 DI WATER MAi TACOMA POINT T LEGEND EXISTING BONNEY LAKE WATER MAIN PROPOSED t2 DIAMETER WATER MAIN TO BE PROVIDED BY AUBURN mmmmmm EXIST BONNEY LAKE WATER MAIN tN FRANCHISE WHll AUBURN EXISTING BONNEY LAKE WRAI Al TO ER BNRU EXHIBIT A CITY OF AUBURN AND CITY OF BONNEY LAKE SETTLEMENT AGREEMENT SCALE I 1000 King County erce URBAN GRO SERVICE AR TH AWRATEEAR EA BOUNDARY TO FOLLOW PPERRTY LINES CENTERLIN OF RWOIGAFHYT OR NORTHWEST BOUNDARY OF GAS NATURAL GAS APSIPEMEELNINT EXHIBIT B CITY OF AUBURN AND CITY OF BONNEY AREA TO REMAIN IN BONNEY SETTLEMENT AGREEMENT LAKE SERVICE AREA IN PERPETUITY BONNEY LAKE WATER SERVICE AREA BOUNDARY SCALE 1 1500 RESOLUTION NO 3 0 i 8 2 A RESOLUTION OF THE CITY COUNCIL OF THE 3 CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SERVICE AREA AGREEMENT BETWEEN THE CITY AND THE CITY OF BONNEY 4 LAKE TO ESTABLISH A BOUNDARY BETWEEN THEIR CONTIGUOUS SERVICE AREA RELATING TO WATER SERVICE 56 WHEREAS Bonney Lake is engaged in the business of 7 providing water service to the public located in certain areas 8 of Pierce County in the State of Washington and 9 WHEREAS the City of Auburn is engaged in the business of 10 providing water service to the public located in certain areas 11 of King and Pierce Counties in the State of Washington and 12 WHEREAS the parties desire to enter into a formal 13 14 Service Area Agreement to establish a boundary between their 15 contiguous service area in Pierce County in order to avoid any 16 duplication or overlap of water service and to provide the 17 most efficient service to their respective customers and 18 WHEREAS the City of Auburn and the City of Bonney Lake 19 have entered into a Settlement Agreement related to water 20 service to the Lakeland Hills South development in which 2 according to Section 9 the Cities have agreed to work 22 together cooperatively to facilitate a practical efficient 23 boundary between the two systems 24 25 26 Resolution No 3018 November 17 1998 Page 1 NOW THEREFORE THE COUNCIL OF THE CITY OF AUBURN 2 WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH 3 RESOLVES THAT 4 Section 1 The Mayor and City Clerk of the City of 5 Auburn are herewith authorized to execute a Service Area Agreement between the City and the City of Bonney Lake to 7 establish a boundary between their contiguous service area 8 relating to water service A copy of said Agreement is 9 attached hereto denominated as Exhibit A and made a part 10 hereof as though set forth in full herein 11 Section 2 The Mayor is hereby authorized to implement 12 such administrative procedures as may be necessary to carry out the directives of this legislation 14 15 DATED this 7th day of December 1998 17 CITY OF AUBURN 18 19 21 CHARLES A BOOTH MAYOR 22 24 25 26 Resolution No 3018 November 17 1998 Page 2 2 ATTEST 46 Danielle E Daskam City Clerk 789 APPROVED AS TO FORM 10 12 Michael J Reynolds 14 City Attorney 15 17 18 19 20 21 22 23 25 Resolution No 3018 November 17 1998 Page 3 SERVICE AREA AGREEMENT This Agreement dated D1re9ee1998 is made and entered into by and between the City of Bonney Lake a Washington municipal corporation Bonney Lake and the City of Auburn a Washington municipal corporation Auburn Whereas Bonney Lake is engaged in the business of providing water service to the public located in certain areas of Pierce County in the State of Washington Auburn is engaged in the business of providing water service to the public located in certain areas ofKing and Pierce Counties in the State of Washington and Whereas the parties desire to enter into a formal service area agreement to so establish a boundary between their contiguous service area in Pierce county in order to avoid any duplication or overlap of water service and to provide the most efficient service to their respective customers and Whereas The City of Auburn and the City ofBonney Lake have entered into a Settlement Agreement related to water service to the Lakeland Hills South development in which according to section 9 the Cities have agreed to work together cooperatively to facilitate a practical efficient boundary between the two systems Bonney Lake and Auburn therefore agree as follows 1 This Agreement is entered into pursuant to the Pierce County Coordinated Water System Plan which Plan and Appendices are incorporated herein by this reference 2 The contiguous water service boundary between Bonney Lake and Auburn is agreed upon by both parties as shown on the attached maps ExhibitAand as described in ExhibitBwhich by this reference are incorporated herein 3 Bonney Lake and Auburn may by mutual written asmendment to this Agreement make such adjustments to the service boundary as they may mutually agree upon from time to time so that water service to new service locations in dose proximity to the service boundary may be provided in an efficient effective and economical manner Any such adjustments shall be documented by modifying the attached maps which when so modified and agreed to by the parties shall constitute amendments to this Agreement Minor adjustments consisting of ten acres or less may be authorized by the Public Works Director or Superintendent ofeach party 4 Except as specifically set forth herein this Agreement shall not modify the Settlement Agreement referenced above Senrice Axea Agreement Exhibit A City ofBonney Lake and City ofAuburn Resolution No 3018 19168 Page 1 of3 City of Auburn IN WITNESS WHEREOF we have hereumo set our hands and seals CITY OF AUBURN ATTEST DaelleE Daskam City Clerk APROVED AS TO FORM Michel J Reynolds City Attorney STATE OF WASHINGTON County ofKing I certify that I know or have satisfactory evidence that Charles A Booth and Danidle E Daskam werethe persons who appeared before me and said persons acknowledged that they signed this instrument onoath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR and CITY CLERK ofthe CITY OF AUBURNtobe the free and voluntary act of such paxties for the uses and purposes mentioned in this instrument Dated g r Notary Public in and for the State ofWashington residing at My anpepptozhsin4tm Service Area Agreement City ofBonney Lake and City of Auburn 11968 Page 2 of3 OYLAKE OBYz STATE OF WASHINGTON County ofPierce I certify that I know or have satisfactory evidence that Bob Young was the person who appeared before me and said person acknowledged that they signed this instrument on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR ofthe CITY OF BONNEY LAKE to be the free and voluntary act ofsuch parties for the uses and purposes mentioned in this instrument Dated IZ6q Notary Public in arndthe State ofWashington noapmxttemenste Service Area Agreement City ofBonney Lake and City of Auburn 19168 Page 3 of 3 LEGAL DESCRIPTION FOR PROPOSEDABUOBNUNRENYLAKE WATER SERVICE AREAS OF SECTION 6 TOWNSHIP 20 NORTH RANGE 5 EAST OF WMPIERCE COUNTY WASHINGTON LINE DESCRIBED AS THE BORDER BETWEEN THE CITY OF AUBURN AND BONNY LAKE WATER SERVICE AREAS MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING FROM THE SOUTH QUARTER CORNER OF SECTION 6 TOWNSHIP 20 NORTH RANGE 5 EAST THENCE NORTH 0112 59EAST A DISTANCE OF 71613FEET TO THE NORTHERLY MARGIN OF LAKE TAPPS PARKWAY EAST THENCE IN A NORTHWESTERLY DIRECTION ALONG THE NORTH LINE OF SAID PARKWAY NORTH 71 22 39WEST A DISTANCE OF 45480 FEET TO THE BEGINNINGOF A CURVE TO THE RIGHT HAVING A RADIUS POINT BEARING NORTH 18 37 21EAST A DISTANCE OF 90600 FEET THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHTTHROUGH A CENTRAL ANGLE OF 11 22 29 AN ARC DISTANCE OF 15990 FEET THENCE LEAVING SAID MARGIN NORTH 01 28 45WEST A DISTANCE OF 682219 FEET THENCE NORTH 58 56 04 EASTA DISTANCE OF 59362 FEET THENCE NORTH 37 29 20 EAST A DISTANCE OF 12798 FEET THENCE NORTH 49 21 27 EAST A DISTANCE OF 40140 FEET TO A POINT OF ATNANOGENNT CURVE TO THE LEFT HAVING A RADIUS POINT BEARING NORTH 49 37 08EAST HAVING A DISTANCE OF 40504FEET THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 27 21 25AN ARCDISTANCE OF 27176 FEET THENCE SOUTH 67 44 15 EAST A DISTANCE OF0478FEET TO A POINT OF A TNANOGENNT CURVE TO THE LEFT HAVING A RADIUS POINT BEARING SOUTH 69 16 55EAST A DISTANCE OF 95207 FEET THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 10 09 01AN ARC DISTANCE OF 13614 FEET THENCE SOUTH 10 34 04WEST A DISTANCE OF 15673 FEET THENCE IN A NORTHEASTERLY DIRECTION ALONG THE NORTH LINE OF LOT G OF BOUNDARY LINE ADJUSTMENT RECORDEDUNDER ASUDITOR FILE 9808310329 NORTH 75 13 36EAST A DISTANCE OF 59498FEET TO THE EASTERLY LINE OF LOT G THENCE NORTH 11 28 56WEST ADISTANCE OF 5646FEET TO THE SOUTHERLY LINE OF LOT B PER SAID BOUNDARY LINE ADJUSTMENT THENCE NORTH 75 13 36EAST A DISTANCE OF 56630 FEET TO THE WESTERLY MARGIN OF LAKELAND HILLS WAYSE THENCE NORTH 14 46 24WEST A DISTANCE OF 10348 FEET THENCE LEAVING SAID WESTERLY MARGIN NORTH 75 13 36EAST A DISTANCE OF 0603FEET TO THE EASTERLY MARGIN OF LAKELAND HILLS WAYSE THENCE IN A NORTHWESTERLY DIRECTION ALONG SAID MARGIN NORTH 14 46 24WEST A DISTANCE OF 31563 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS POINT BEARING SOUTH 75 13 36 WEST ADISTANCE OF 56475 FEET THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 19 07 09 AN ARC DISTANCE OF 10882 FEET TO THE POINT OF A CURVE TO THE RIGHT HAVING A RADIUS POINT BEARING NORTH 60 27 56EASTA DISTANCE OF 0305FEET THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 84 32 04AN ARC DISTANCE OF5614FEET THENCE NORTH 55 00 00EAST A DISTANCE OF 25028 FEET THENCE NORTH 53 05 27EAST A DISTANCE OF 10580 FEET THENCENORTH 55 00 00 EAST A DISTANCE OF 12636 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS POINT BEARING NORTH 35 00 00WEST A DISTANCE OF 40300FEET THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 37 44 40AN ARC DISTANCE OF 22873 FEET TO THE POINT OF A CURVE TO THE LEFT HAVING ARADIUS POINT BEARING NORTH 72 0404WEST A DISTANCE OF 001300 FEET THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 00 56 13 AND AN ARC DISTANCE OF 1846FEET TO THE NORTHERLY SECTION LINE OF SECTION 6 TOWNSHIP 20 NORTH RANGE 5 EAST THENCE ALONG THE NORTH LINE OF SECTION 6 SOUTH 88 34 43EAST A DISTANCE OF 82038 FEET TO THE NORTHEAST CORNER OF SAID SECTION 6 TERMINUS OF SAID BOUNDARY 90810191C 123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO 3 0 1 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EMERGENCY FIRE FLOW PROTECTION AGREEMENT BETWEEN THE CITY AND THE CITY OF BONNEY LAKE WHEREAS by Resolution No 2925 the City of Auburn approved an agreement with Bonney Lake on water service and WHEREAS by unanimous adoption at the March 2 1998 Council Workshop Bonney Lake approved an agreement with the City of Auburn on water service and WHEREAS the Lakeland PUD in Pierce County is located in the Bonney Lake water service area as defined in the 1995 Pierce County Coordinated Water System Plan and WHEREAS in the Lakeland Annexation and Utilities Agreement Ordinance No 4867 and Amendment to the Lakeland Annexation and Utilities Agreement Resolution No 2955 The Lakeland Company hereinafter referred to as TLC agreed to comply with City of Asuburn urban service standards and WHEREAS by separate agreement The Lakeland PUD in Pierce County is served by the Auburn Fire Department as agreed in Section 16 of the Amendment to the Lakeland Annexation and Utilities Agreement Resolution No 2955 and the Lakeland Annexation and Utilities Agreement Ordinance No 4867 and Resolution No 3019 November 17 1998 Page 1 123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 EWREAS the City of Asuburn minimum fire flow service standard is 2500 gpm for 3 hours with residual pressure of 20 psi as defined in the 1995 Comprehensive Water Plan and amended in 1997 by Ordinance No 5051 and EWREAS TLC desires to build FMaumliltyi Developments Division 1 Phase 4 1P4 and Lots 5 6 and 7 hereinafter referred to as the Multifamily Development Area in the immediate future within the Lakeland PUD in the Bonney Lake Water Service Area and WHEREAS TLC has requested Bonney Lake enter into an agreement with the City of Auburn to provide an emergency intertie for fire flow in order that TsLC development meet AsUBURN fire flow service standards and WEREAS Bonney Lake is unable at this time to meet AsUBURN fire flow requirements and desires to enter into an agreement for an emergency intertie for fire flow for the proposed Lakeland Company Multifamily Development Area and EWREAS the City of Asuburn water service area abuts BONNEY LsAKE water service area and Asuburn system has adequate infrastructure to provide the emergency intertie for fire flow protection to the Multifamily Development Area and Resolution No 3019 November 17 1998 Page 2 123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS AUBURN is willing to provide emergency fire flow to TsLC proposed Multifamily Development Area in consideration of Lsakeland agreement to pay to the City of Auburn a fire flow development charge and WHEREAS TLC pursuant to a separate agreement has agreed to compensate the City of Auburn for Asuburn providing to Bonney Lake pursuant to this agreement an intertie for emergency fire flows to the proposed Multifamily Development AreaNOW THEREFORE THE COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH RESOLVES THAT Section 1 The Mayor and City Clerk of the City of Auburn are herewith authorized to execute an Emergency Fire Flow Protection Agreement between the City and the City of Bonney Lake A copy of said Agreement is attached hereto denominated as Exhibit A and made a part hereof as though set forth in full herein Section 2 The Mayor is hereby authorized to implement such administrative procedures as may be be necessary to carry out the directives of this legislation Resolution No 3019 November 17 1998 Page 3 123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DATED this 7th day of December 1998 CITY OF AUBURN CHARLES A BOOTH MAYOR ATTEST Danielle E Daskam City Clerk APPROVED AS TO FORM Michael J Reynolds City Attorney Resolution No 3019 November 17 1998 Page 4 EMERGENCY FIRE FLOW PROTECTION AGREEMENT City of Auburn and the City of Bonney Lake THIS AGREEMENT made and entered into by and between the City of Auburn hereinafter referred to as AUBURN and the City of BONNEY LAKE hereinafter referred to as BONNEY LAKE WITNESSETH WHEREAS By Resolution 2925 AUBURN approved an agreement with BONNEY LAKE on water service and WHEREAS By unanimous adoption at the March 2 1998 Council Workshop BONNEY LAKE approved an agreement with AUBURN on water service and WHEREAS the Lakeland PUD in Pierce County is located in the BONNEY LAKE water service area as defined in the 1995 Pierce County Coordinated Water System Plan and WHEREAS in the Lakeland Annexation and Utilities Agreement Ord 4867 and Amendment to the Lakeland Annexation and Utilities Agreement Res 2955 The Lakeland Company hereinafter referred to as TLC agreed to comply with AsUBURN urban service standards and WHEREAS by separate agreement The Lakeland PUD in Pierce County is served by the AUBURN Fire Department as agreed agreed in Section 16 of the Amendment to the Lakeland Annexation and Utilities Agreement Res 2955 and the Lakeland Annexation and Utilities Agreement Ord 4867 and WHEREAS AsUBURN minimum fire flow service standard is 2500 gpm for 3 hours with residual pressure of 20 psi as defined in the 1995 Comprehensive Water Plan and amended in 1997 by Ordinance 5051 and WHEREAS TLC desires to build FMaumliltyi Developments Division 1 Phase 4 1P4 and Lots 5 6 and 7 hereinafter referred to as the MULTIFAMILY DEVELOPMENT AREA in the immediate future within the Lakeland PUD in the BONNEY LAKE Water Service Area WHEREAS TLC has requested BONNEY LAKE enter into an agreement with AUBURN to provide an emergency intertie for fire flow in order that TsLC development meet AsUBURN fire flow service standards and Emergency Fire Flow Protection Agreement City ofAuburn and City ofBonney Lake 19138 Page 1 of5 Exbi bit A Resolution No City of Auburn 3019 WHEREAS BONNEY LAKE is unable at this time to meet AsUBURN fire flow requirements and desires to enter into an agreement for an emergency intertie for fire flow for the proposed Lakeland Company MULTIFAMILY DEVELOPMENT AREA and WHEREAS AsUBURN water service area abuts BONNEY LsAKE water service area and AsUBURN system has adequate infrastructure to provide the emergency intertie for fire flow protection to the MULTIFAMILY DEVELOPMENT AREA and WHEREAS AUBURN is willing to provide emergency fire flow tsoTLC proposed MULTIFAMILY DEVELOPMENT AREA in consideration of Lsakeland agreement to pay to AUBURN a fire flow development charge and WHEREAS TLC pursuant to a separate agreement has agreed to compensate AUBURN forAsUBURN providing to BONNEY LAKE pursuant to this agreement an intertie for emergency fire flows to the proposed MULTIFAMILY DEVELOPMENT AREA and NOWTHEREFORE IT IS MUTUALLY AGREED as follows In the event a fire flow emergency occurs within the Lakeland South Multi Family Developments of Division 1 Phase 4 1P4 and Lots 5 6 and 7 hereinafter referred to as the MULTIFAMILY DEVELOPMENT AREA requiring fire flows beyond whatthe BONNEY LAKE System can deliver the AUBURN Fire Chief or hheisr designee is hereby authorized to open the valve in the water main between the two systems to provide the required fire flow The authorization granted in section 1 above herein is intended to serve as emergency fire flow protection for the MULTIFAMILY DEVELOPMENT AREA only Water shall not be withdrawn from the AUBURN Water System for any other purpose than that described in section 1 without prior written approval from AUBURN A fire flow emergency is defined as a fire event that requires fire flow capacity beyond that which the BONNEY LAKE System is able to provide as required underAsUBURN 1995 Comprehensive Water Plan and amended in 1997 by Ordinance 5051 to the MULTIFAMILY DEVELOPMENT AREA In the event if it becomes necessary for the AUBURN Fire Chief or hheisr designee to open the valve as described in the above sections sections no fees will be charged to BONNEY LAKE for water consumed 5 This agreement does not authorize or permit AUBURN to utilize water from the BONNEY LAKE Water System Emergency Fire Flow Protection Agreement City ofAuburn and City ofBonney Lake 19138 Page 2 of5 This agreement shall terminate when BONNEY LAKE provides documentation that demonstrates to AUBURN that infrastructure has been developed to meet AsUBURN urban service standards for fire flow o Each participant agrees to defend indemnify and hold harmless the other participant from and against any liability loss cost damage or expense of any kind and nature arising out of injury to person or damage to property in any manner caused by the negligent act or omission of the indemnifying individual participant in performance of its work pursuant to in connection with this agreement Should a dispute arise between the parties that cannot be resolved satisfactorily a mediator mutually acceptable to the parties shall resolve the dispute through the use of mediation at equal cost to each party Should the parties not be able to satisfactorily resolve the dispute through mediation the forum for resolution shall be Pierce County Superior Court The prevailing party will be entitled to attorney fees and costs 9 If any provision of this agreement shall be unenforceable or invalid for any reason the remaining sections shall be in force and effect 10 In the event TLC fails to make payment as provided in its Emergency Fire Flow Protection Agreement with AUBURN AUBURN is under no obligation to provide emergency fire flow to BONNEY LAKE for theFMAUMLILTYI DEVELOPMENT AREA Emergency Fire Flow Protection Agreement City ofAuburn and City ofBonney Lake 19138 Page 3 of5 IN WITNESS WHEREOF we have hereunto set our hands and seals CITY OF AUBURN CHARLES A BOOTH MAYOR ATTEST Danielle E Daskam City Clerk APPROVED AS TO FORM Michael J Reynolds City Attorney STATE OF WASHINGTONSS County of King I certify that I know or have satisfactory evidence that Charles A Booth and Danielle E Daskam were the persons who appeared before me and said persons acknowledged that they signed this instrument on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR and CITY CLERK of the CITY OF AUBURN to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument o 11 G Notaw Public p and fhoer State of Washington WAS residing at My appointment ierexs Emergency Fire Flow Protection Agreement City ofAuburn and City ofBonney Lake 19138 Page 4 of5 B6OOB STATE OF WASHINGTON SS County ofPierce I certify that I know or have satisfactory evidence that Bob Young was the person who appeared before me and said person acknowledged that they signed this instrument on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR ofthe CITY OF BONNEYLAKE to be the free and voluntary act ofsuch parties for the uses and purposes mentioned in this instrument Dated Notary Publiciannd feloraSte ofWashington residing at My appointment expires Q LbMd REF F1FEHA2AC9263C8885 Emergency Fire Flow Protection Agreement City ofAuburn and City ofBonney Lake 19138 Page 5 of5 RESOLUTION NO 3 I 9 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO 1 TO THE BILATERAL COMPLIANCE AGREEMENT BETWEEN THE CITY AND THE STATE DEPARTMENT OF PUBLIC HEALTH WHEREAS the City entered into a Bilateral Compliance Agreement in 1996 which identified a step plan to meet the provisions of the Lead and Copper Rule of the Safe Drinking Water Act and WHEREAS the step plan must be expanded to include treatment for Well 6 and Well 7 as they are supplemental supply for the Csity water system and WHEREAS it has been determined the timeline for completion of the project must be expanded to account for the development of the new wells NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH RESOLVES THAT SECTION 1 The Mayor and City Clerk of the City of Auburn Washington are herewith authorized to execute Amendment No 1 to the Bilateral Compliance Agreement between the City of Auburn and the State Department of Health including treatment for Well 6 and Well 7 and modifying Resolution No 3190 January 21 1999 Page 1 the timeline for the treatment facility to be operational A copy of said Amendment is attached hereto and denominated as ExhibitA SECTION 2 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directires of this legislation DATED and SIGNED this 6TM day of March 2000 CITY OF AUBURN CHARLES A BOOTH MAYOR ATTEST Danielle E Daskam City Clerk APPROVED AS TO FORM Michael J Reynolds City Attorney Resolution No 3190 January 21 1999 Page 2 BILATERAL COMPLIANCE AGREEMENT Amendment No 1 Water System Name City of Auburn Water System Subject Compliance with the Lead and Copper Rule Chapter2W49A06C The following compliance agreement is hereby established between the Department of Health hereafter Department and City of Auburn Water System hereafter City The Department and the City agree on the following corrosion control issues approaches and schedules 1 Auburn has slightly exceeded the copper action level at the 90th percentfie per the Lead and Copper Rule 15 and 157 mgfL copper at 90th percentfie compared to standard of13mLg copper for medium size systems 2 The best utility system approach is to adjust the pH of the water in the distribution system to reduce corrosiveness towards copper and may include other appropriate measures such as replacement of susceptible materials changes to electrical grounding practices etc 3 Corrosion control optimization is realized when the elevated pH levels will have caused the following Copper levels are reduced reduced and maintained below the action level of 13 mLg at the 90th percentfie see items 4 and 5 for clarifications No significant adverse impacts of the treatment on bacteriological quality in the distribution system No significant adverse impacts of the treatment on domestic customer satisfactionegred water due to disturbances in unlined cast irons and No significant adverse impact on commercial and industrial customers health care facilities and wastewater facilities Any significant adverse impacts occurring as a result of corrosion control will be investigated and documented along with possible mitigation measures in a report prepared by the City and submitted to DOH Exhibit A Resolution 3190 1 4 The 90th percentile copper level will be calculated using the original 60 monitoring sites per the Lead and Copper Rule plus an estimated 30 additional monitoring sites in the vicinity of untreated sources Results of all analyses of samples from all monitoring sites in the system will be evaluated in one sampling pool to determine Lead and Copper Rule Compliance The limits of the zones surrounding untreated sources are depicted on Exhibit 1 5 Untreated sources of supply will be sampled within the limits of the zones of influence using the number of connections and the population of the zone and a factor of25people per connection as a conversion factor as follows Population Number of Sample Sites 100 5 15001 10 353001 20 03130001 40 Sample sites will be selected per the Lead and Copper Rule Any previous monitoring sites in the untreated zones of influence will be retained and can be used in lieu of a new site 6 Treatment is anticipated in 4 stages at this time Source Stage Coal Creek Springs plus blending of well4 1 Well2 6 and 7 1 Well1 To be determined Well4 2if needed West Hill Springs 3 if needed Wells 5 and 5A Lakeland Hills No treatment Monitoring indicates supply is not corrosive Wells 3Aand3B To be determined Future Sources To be determined 7 Monitoring will be conducted after each stage to determine if optimization is achieved If optimization is achieved no further treatment stages are needed If optimization is not achieved the City plans to proceed to next stage with Department approval 8 Schedule for Stage 1 Project Schedule for Stage 1 Date Submit Lead and Copper Compliance Report DOH July July 19 1995 1 1995 Schedule Met Finalized BCA assumed start October 7 1996 Submit 30 Design Reports for Coal Creek and Fulmer October 1999 Field to DOH DOH Approval of 30 Design Reports Pending BCA Amendment No i March 220000 Submit Final Plans and Specifications September 15 2000 DOH Approval of the Final Plans and Specifications October 12 2000 Complete Construction of Facilities July 18 2002 Monitoring Report 2 Rounds July 17 2003 Submit Report to Determine ff System is Optimized October 23 2003 9 If the Lead and Copper Rule is amended or changed the Department and City will review the changes and their effects on the City and if needed will jointly renegotiate this agreement The City of Auburn agrees to perform the following Submit a project report and construction documents In accordance with WAC 1214906 and 120 submit for review and approval a project report Predesign Engineering Report and construction documents plans and specifications for the installation of the corrosion control treatment equipment approved by the Department Construct corrosion control treatment facilities Complete the installation of Stage i corrosion control treatment facilities in accordance with Department approved construction documents prior to July 18 2002 Monitor water quality parameters Monitor water quality parameters in accordance with Title 40 CFR Chapter I Part 18c471 d and e beginning on July 19 2002 Monitor tap water quality for lead and copper Monitor tap water quality in accordance with Title 40 CFR Chapter I Part 18461 d and complete two six month monitoring compliance periods prior to July 19 2003 Well4 Discharge Well 4 into Reservoir 1 for blending under normal operating procedures Monthly production records will be kept to document where the water is directed and made available to the Department upon request Department will allow Well No 4 to be discharged directly into the distribution system should distribution system pressure drop below 35 psi during an emergency fire main break etc Optimization Report Prepare and submit an optimization report that addresses copper monitoring results any significant adverse effects that may reasonably be associated with corrosion control any copper staining incidents that occur in the untreated zones of influence and any copper staining or corrosion incidents in new construction The report will document what action the City plans to take to address these occurrences Further the optimization report will recommend a pII operating range for optimization and will recommend if Stage 2 treatment needs to be implemented The Department ofHealtharees to Concur with Optimization The Department agrees that optimization is achieved that Auburn will be considered in compliance with the LCR and that no further stages of implementation will be required when the following conditions are met Copper levels are reduced and maintained below the action level of 13mLg at the 90th percentile see items 4 and 5 for clarifications No significant adverse impacts of the treatment treatment on bacteriological quality in the distribution system No significant adverse impacts of the treatment on domestic customer satisfaction and No significant adverse impact on commercial and industrial customers health care facilities and wastewater facilities The Department will also consider the Optimization Report in determining compliance with the LCR Defer enforcement The Department shall not initiate any enforcement actions for violations of the Lead and Copper Rule as long as the conditions of this agreement are being met Renegotiate agreement The Department will negotiate the level of activity or the schedules in this agreement if requested by the City Terminate agreement The Department agrees to terminate this agreement within 30 days upon request by the City All documents or reports required by this agreement questions about compliance and request to modify this agreement shall be directed to NDorOthwHest Drinking Water Operations 1511 3rd Avenue Suite 719 Seattle Washington 98101 CITY OF AUBURN Charles A Booth Mayor Date DdO ATTEST Danielle E Daskam City Clerk My PROVED AnSoldTs CFiOtyRtAtorMney WASHINGTON STATE DEPARTMENT HEALTH hAorizhed Signatt9 Print or Type Name TITLE CftfY Date 2ftL9J20 LRMYbd REFPP1E2HRR306O1230J9 R E CIr VirD FIB I 4 2000 5 NW DRINKING WATER Exhibit 1 Auburn Water System Limits of Zones of Influences for Untreated Sources RESOLUTION NO 3374 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON REPEALING RESOLUTION NO 3358 AND THE AUTHORIZATION THEREFOR AND APPROVING THIS RESOLUTION 3N37O4 AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EMERGENCY WATER SYSTEM INTERTIE AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF KENT WHEREAS Resolution No 3358 authorizing the execution of an Emergency Water System Intertie Agreement was approved by the City Council on June 18 2001 and WHEREAS the Emergency Water SyStem Intertie Agreement attached as Exhibit A to Resolution NO 3358 was a draft of the final Emergency Water System Intertie Agreement agreed to by Auburn and Kent and WHEREAS changes were made by both parties to the draft agreement attached to Resolution No 3358 that were intended to be in the agreement executed by both parties and WHEREAS pursuant to RCW301541A0Auburn and Kent have legal authority to exercise their powers and perform any of their functions as set forth in RCW 349 and WHEREAS pursuant to RCW 349 the Interlocal Cooperation Act Auburn and Kent have legal authority to cooperate with other localities on the basis of mutual advantage and provision of services and WHEREAS the City of Auburn and the City of Kent currently have an emergency water system intertie and Resolution No 3374 0117 Page 1 WHEREAS the existing intertie station is going to be removed and relocated as part of the South 277 Street Improvement project and WHEREAS a temporary emergency water system intertie Will be constructed and available for use during the South 277th Street Improvement project and WHEREAS an agreement outlining the design construction and operation of the temporary and permanent emergency water system intertie is needed NOW THEREFORE THE COUNCIL OF THE COITFY AUBURN WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH RESOLVES THAT Section 1 Pursuant to RCW349 the Interlocal Cooperation Act Auburn and Kent have legal authority to cooperate with other localities on the basis of mutual advantage and provision of services Section 2 The Mayor and City Clerk of the City of Auburn are herewith authorized to execute the Emergency Water System Intertie Agreement which was agreed to between the City and the City of Kent A copy of said Agreement is attached hereto denominated as Exhibit A and made a part hereof as though set forth in full herein Section 3 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Resolution No 3374 0117 Page 2 DATED this day of 2001 CITY OF AUBURN CHARLES A BOOTH MAYOR ATTEST City Clerk APPROVED AS TO FORM Michael J Reynolds City Attorney Resolution No 3374 0117 Page 3 Return Address Auburn City Clerk City of Auburn 25 West Main St Auburn WA 98001 PACXFX NIJ TXT AG PAGEtOF 095 2x2ee3oi o9 KXNG COUNTY U RSECORDER COVER SHEET Document Tsitle ortransactions contained therein 1 EMERGENCY WATER SYSTEM INTERTIE AGREEMENTE53 5 Reference Nsumber of Documents assigned or released rAdditional referenceson page of document Lro Gsrantor Last name first then first name and initials 1 Auburn City of Grantee Last name first 1 Kent City of Legal Description abbreviated ielot block plat or section township range NAGovernment Interlocal Additional legal is on page of document Asssessor Property Tax APcacrocuentlNumber NAGovernment Interlocal AssessorTax not yet assigned EMERGENCY WATER SYSTEM INTERTIE AGREEMENT AKuebunrntIntertie Agreement No 1 THIS AGREEMENT made and entered into by and between the City of Auburn hereinafter referred to as Auburn and the City of Kent hereinafter referred to as Kent for the purposes of planning designing constructing maintaining and operating an emergency system intertie between the respective parties WITNESSETH WHEREAS both Cities have water facilities in the vicinity and WHEREAS both Cities can increase fire protection and emergency water supply reliability for their customers and WHEREAS the Cities are willing to provide the necessary services to increase fire fighting and emergency supply reliability upon the terms and conditions set forth hereinNOW 1 THEREFORE IT IS MUTUALLY AGREED as follows The emergency water system intertie is intended to be operated manually as a two way emergency supply between the Auburn and Kent Systems The intertie facility shall be located near South 277th Street at the Water Service Area Boundaries between the two cities An existing intertie located at B Street NE and South 277th Street will be replaced with a temporary metering station and eventually a permanent metering station Final location and configuration of the facilities shall be determined at the time of final design The emergency water system intertie shall be operated only in the event of an emergency For purposes of this agreement an emergency shall be defined as resulting from a water shortage a major water line break fire demand contamination to the water supply system mechanical equipment failure electrical equipment failure or Puget Sound Energy facility failure or any other agreed upon emergency within the water supply system Auburn has acquired the right of way for the metering station and Kent will design and administer the contract for the construction of the temporary facilities within the right of way acquired by the City of Auburn The permanent facilities will be constructed as part of the South 277th Street Improvement Project All of the facilities will be designed and constructed in accordance with reasonably accepted water utility standards for similar municipal water utilities Auburn will own and maintain the piping interior o equipment emergency meter and interior appurtenances and all piping up to the Kent side of the vault for both the temporary and permanent metering stations Upon completion of construction Auburn will transfer ownership of all exterior appurtenances and all piping which is located on the Kent side of the vault to Kent Kent will own and maintain the exterior appurtenances and all piping on Ksent side of the vault Each City will each have unlimited access to the vault via a dual padlock or ownership of keys to the vault Each City will operate the respective normally locked valve inside of the vault Auburn will solely unlock and operate the locked valve on Asuburn side of the meter and Kent will solely unlock and operate the locked valve on Ksent side of the meter The procedure for operating the intertie in the event of such emergency shall be as follows Each City shall determine that an emergency of sufficient magnitude has occurred which warrants the need to request that the intertie be activated The Public Public Works Director or appointed person or authorized personnel shall provide a verbal request to the other Csity Public Works Director or appointed person Upon agreement that an emergency exists which shall allow for the intertie to be opened the intertie will be activated as soon as reasonably possible Both Cities personnel shall be present at the vault to open the valves to activate the facility The City requesting the activation shall provide a written confirmation of the request not less than 24 hours after the verbal request or on the first day of normal business after the verbal request The intertie shall remain activated until the City requesting activation determines that the need for activation of the emergency intertie has ceased and shall request in writing to close the intertie Eo In case of emergency or whenever the public health safety or the equitable distribution of water so demands the City supplying the water may change reduce or limit the time for or temporarily discontinue the supply of water without notice water service may be temporarily interrupted limited for purposes of making repairs 10 extensions or doing other necessary work and the City supplying the water shall not be responsible for any damage resulting from interruption change or failure of the water supply and the City receiving the water City requesting activation shall save and hold harmless the City supplying the water from any loss damages or suites to or by customers of the City receiving the water resulting from interruption change or failure of water supply provided by this Agreement except damages arising out of the City supplying the wateFs negligence Prior to a planned interruption or limiting of service the City supplying the water will notify the City receiving the water of such not less than three days prior to the service disruption The City supplying the water agrees to use best efforts and reasonable diligence to notify the City receiving the water as soon after it becomes aware of the need for service disruption and further will to the extent practical limit the service disruption to daylight hours Auburn shall read the meter upon activation and upon deactivation of the intertie The city supplying the water shall verify the information and shall then calculate and invoice the other City for the water used during the request The invoice shall be calculated by the total water used during the event The rate shall be at the current Auburn or Kent Wholesale Rate depending on which city is supplying the water This shall be complete payment for the water labor and administration of activating the intertie The total project costs shall include costs for consulting design service and construction These costs shall be paid for by the City of Kent The project costs shall be reviewed and agreed upon by Public Work Directors of both Cities at the beginning and end of each stage described above Each City is responsible for associated staff administration and legal costs associated with the implementation of the agreement To the extent allowed by law the City of Kent shall defend indemnify and hold harmless the City of Auburn its elected officials employees and agents from and against any and all suits claims actions losses costs expenses of litigation asttorney fees penalties and damages of whatsoever kind or nature arising out of or in connection with or incident to an act or omission of the City of Kent its employees agents and contractors in the performance of the City of Ksent obligations under the Agreement and this Amendment This indemnification provision shall include but is not limited to all claims against the City of Auburn by an employee or former employee of the City of Kent or its contractors and as to such claims the City of Kent expressly waives all immunity and limitation of liability under Title 51 RCW To the extent allowed by law the City of Auburn shall defend indemnify and hold harmless the City of Kent its elected officials employees and agents from and against any and all suits claims actions losses costs expenses of litigation asttorney fees penalties and damages or whatsoever kind or nature arising our of in connection with or incident to an act or omission of the City of Auburn its employees agents and contractors in the performance of the City of Asuburn obligations under this Agreement This indemnification obligation shall include but is not limited to all claims against the City of Kent by an employee or former employee of the City of Auburn or its contractors and as to such claims the City of Auburn expressly waives all immunity and limitation of liability under Title 51 RCW 11 This Agreement shall remain in force until terminated by either party hereto upon d6a0ys written notice to the other party Any project costs incurred up to the date of such notice as described herein shall be shared in accordance with the provisions of this Agreement IN WITNESS WHEREOF we have hereunto set our hands and seals CITY OF AUBURN King County Washington Mayor Date City Attorney Date CITY OF KENT KingCuntyW Mayor Date Approved as to form By CityAttorney Date WHQWATERUKKTILIETEYIlNNTENRTTIES EIA FDINOACL RESOLUTION N3O 3 8 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO PERFORM THE NECESSARY ADMINISTRATIVE MEASURES TO APPROVE ASUBURN WITHDRAWAL FROM THE EXISTING SOUTH KING COUNTY REGIONAL WATER ASSOCIATION JOINT OPERATING AGREEMENT DATED OCTOBER 8 1996 AND TO INDICATE ASUBURN ACCEPTANCE AND CONTINUANCE AS A SIGNATORY MEMBER OF THE REVISED SOUTH KING COUNTY REGIONAL WATER ASSOCIATION JOINT OPERATING AGREEMENT DATED DECEMBER 19 2000 WHEREAS Auburn is a member of the South King County Regional Water Association SKCRWA consisting of the cities of Algona Black Diamond Kent and Pacific and Lakehaven Utility District Soos Creek Water Sewer District and King County Water District 111 as authorized by Resolution No 2568 adopted June 5 1995 and modified by Resolution No 2781 adopted December21996 and WHEREAS the Board of Directors of the SKCRWA saw a need to make certain amendments to the Joint Operating Agreement dated October 8 1996 to provide clarification to the intent of the agreement and WHEREAS the Board of Directors of the SKCRWA have now prepared and recommended for approval by each participatory member an update of the Joint Operating Agreement to which Auburn is a signatory member Resolution No 3383 August 210071 Page 1 NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH RESOLVES AS FOLLOWS Section 1 The Mayor and City Clerk of the City of Auburn are hereby authorized to perform the necessary administrative measures to approve Asuburn withdrawal from the existing SKCRWA Joint Operating Agreement dated October 8 1996 and to indicate Asuburn acceptance and continuance as a signatory member of the revised SKCRWA Joint Operating Agreement dated December 19 2000 A copy of said Agreement is attached hereto and denominated as Exhibit A and incorporated by reference in this Resolution Section 2 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Resolution No 3383 August 17 2001 Page 2 It DATED and SIGNED this day of September 2001 QkLCHARLES A BOOTH MAYOR ATTESTlDalÌtelle E Daskam City Clerk APPROVED AS TO FORM Michael J Reynolds City Attorney Resolution No 3383 August 17 2001 Page 3 oDtCo oo0taco0J Return Address Auburn City Clerk City of Auburn 25 West Main St Auburn WA 98001 1CF1 IIoF1 p171l1li KING RSECORDER COVER SHEET Document Tsitle ortransactions contained therein Interlocal Agreement South King County Regional Water Association Joint Operating Agreement 13IOr FilED BYrPtcN jLìLv3J2 Reference Nsumber of Documents assigned or released DAdditional referenceson page of document BGsorraronwtoerrLast name first then first name and initials Auburn City of BAGesrnsaeignficntieaereey Last name first South King County Regional Water Association Legal Description abbreviated Le lot block plat or section township range PER RCW 349 DAdditional legal is on page of document Asssessor Property Tax APcacrocuentlNumber NA f oAssessor Tax not yet assigned 1 1 r astItc JpC otcCcC 1ccccJ SOUTH KING COUNTY REGIONAL WATER ASSOCIATION JOINT OPERATING AGREEMENT December 19 2000 WHEREAS an adequate and safe water supply for South King County Regional Water Association SKCRWA and its members is vital to both existing citizens and in implementing the ltoennngcomprehensive plans ofSKCRWA members and WHEREAS the State and SKCRWA prepared a Coordinated Water System Plan CWSP for South King County and WHEREAS projects that provide tor the coordinated and cooperative use and operation of supply transmission storage treatment and pumping facilities to minimize cost provide for improved water quality protect the environment provide for emergency needs and maximize the best use ofthe resource is in the best interest ofthe citizens ofthe region WHEREAS the current and tneenanr water needs of the local governments and SKCRWA require steps to establish a cooperative subregional water supply system and WHEREAS the SKCRWA is committed to cooperate toward regional solutions for both emergency and long range water supply needs and WHEREAS the SKCRWA signatory members developed a Joint Operating Agreement in 1995 and revised the Joint Operating Agreement in 1996 and now want to further revise the Agreement NOW THEREFORE the SKCRWA signatory members of this Joint Operating Agreement JOA agree as follows I GENERAL A The Signatory Members acknowledge the requirement to incorporate land use planning as defined by the Growth Management Act with water supply planning and B The Signatory Members recognize the benefits of developing a subregional water supply system that will allow the optimum use of surface and groundwater to better manage and protect the asrea water resources and C The Signatory Members will hold an Annual Meeting about September 30th to review the status of this JOA and any Amendments as well as other problems of mutual concern The specific date time and location ofthe meeting will be set by mutual agreement December 210090 oDtcCoD CCooJ D Merger shall mean when two signatory members merge or when a signatory member and a snignoatonry member merge E Termination This agreement shall cease to be binding on or to any signatory member that is not in good standing or whenever amerger occurs 2 INTENT A The general intent is to create a method for the Signatory Members to cooperatively use certain existing facilities and construct new facilities needed to develop a subregional water system The Signatory Members may mutually agree by Interlocal Agreement to produce additional water and distribute it within the Subregional Service Area with or without change to their retail service area B The JOA provides a rramework for joint development of specific projects that may include two or more Participants Each facility project aonrd intertie shall be developed under a separate Interlocal Agreement IA consistent with this JOA subject to approval by appropriate affected city council aonrd water district boards The specific intent of this JOA is to make provisions for a standardized fonn to create or expand cooperative agreements to meet the public water supply needs for both emergency and ltoennnguse and to establish abasis for agreement between Participants for financing ownership construction and operation of mutually beneficial projects required to achieve cooperative objectives These projects may include common facilities with other Agencies outside the SKCRWA planning area Interlocal Agreements IA negotiated under the provisions ofthis JOA shall speak for themselves and should reference the version ofthe JOA which is in place at the time that the agreement is reached It is the intent of the Signatory Members that any Interlocal Agreements negotiated under the JOA would survive the withdrawal of a Signatory Member rrom the JOA or rrom the South King County Regional Water Association It is further the specific intent ofthis JOA to preserve Signatory Members existing water rights and protect the established or planned interest and needs of each Signatory Member with respect to sources ofwater Suggested content for anInterlocal Agreement is shown in Exhibit A C It is the desire of the Signatory Members that this JOA be incorporated into the South King County CWSP at the next update D The tenn Participant as used in this JOA shall mean all the signatories of an IA consistent with and implemented subsequent to this JOA December 210090 2 0c000I0CC0N 4 E The term Signatory Members as used in this JOA shall mean a member in good standing of the South King County Regional Water Association who has signed this JOA Good standing includes but is not limited to being current on all dues to the SKCRWA 3 SUBREGIONAL SERVICE AREA AND FACILITIES A Subregional Service Area shall mean the Signatory Members Designated Water Service Areas identified in the CWSP or as approved by amendments to the CWSP or as identified in a Signatory Msember approved Comprehensive Water Plan B Subregional Facilities shall mean a that portion ofthe Participants sources interties transmission and storage systems required to supply water to the service areas ofthe Participants or new facilities as defined by a separate IA pursuant to this JOA b those designated capacities within a Participant system as specifically defined in an appropriate IA C Facility Ownership Ownership of the physical facilities that exist onthe date of this JOA shall remain with the individual Signatory Signatory Members Unless otherwise agreed to within a specific IA ownership and operational responsibilities of new facilities shall be based generally on location in designated service areas with capacity rights defined by appropriate IA WATER SUPPLY CAPACITY RIGHTS A Capacity Rights Participants may purchase capacity by IA Any changes in these capacity rights shall be recognized by an IA approved by the appropriate affected city councils aonrdwater district boards B Additional JOA Participants Other agencies may purchase capacity rights in subregional facilities subject to the provisions of paragraph4COther agencies who become Signatory Members of the SKCRWA and become Participants in future projects undertaken under this lOA and future IAs will be assessed past costs associated with development ofthis JOA as specified in Exhibit B December 19 2000 3 o0tOoo0ttoCooN C Wholesaling Water a A Signatory Member may wholesale water through lease or otherwise delivered through subregional facilities to areas outside of the Signatory Msember Service Area so long as the other Signatory Members capacity rights are not negatively impacted Signatory Members ofthe SKCRWA agree that where feasible and mutually beneficial they will coordinate planning and development ofwater resources b Signatory Members further agree that prior to entering into any agreement to deliver long term water supply or construct joint facilities with aSnigonatonry Member agency they will first make a good faith effort to offer such supplies aonrd capacities to Signatory Members provide the right of first refusal Such offers shall be made on a cost of service basis as established by separate IA Signatory Members shall have 60 days to respond c Signatory Members agree that when entering into any agreement to deliver long term water supply or construct joint facilities with a Snigonatonry Member Member agency in accordance with this JOA they will include and collect for remittance to the SKCRWA a fee for reimbursement of the costs for development ofthe JOA as specified in Exhibit B d Regular meetings of the SKCRWA shall be the forum for making Signatory Members aware of discussions regarding water sales and joint projects however all offers of participation or requests for participation shall be in writing with copies to other Signatory Members D Conservation All Participants will develop and implement a conservation plan that is consistent with State guidelines Additional or supplemental conservation requirements beyond basic programs may be included in a specific Interlocal Agreement E Curtailment In general curtailment for delivery of firm water shall be on a uniform percentage basis for both wholesale and retail customers and curtailment for delivery of interruptible water shall be on a last in first out basis as determined by the date of formal agreement Specific curtailment requirements and provisions shall be included in Interlocal Agreements implemented under this JOA F uality An objective ofthe Signatory Members is to maintain the quality ofthe water in the subregional facilities at or above the quality required by the State drinking water standards The purchasing Participant will be responsible for ensuring water quality blending analyses and other water quality issues are resolved to their own satisfaction The Signatory Members may meet periodically to ensure that water quality and operational issues are addressed and that needed December 210090 4 r 00 I r0CJ0D0c0CJDecember 210090 information is exchanged in a timely fashion The written results ofthese meetings will be circulated in a timely manner to all members and participants and reviewed at the annual meeting G Additional Facilities Projected needs will be identified by the Participants based on the Psarticipant designated service areas As five or more years may be needed to bring major new source capacity capabilities on line fyievaer and tyeeanr forecasts are required and must be updated whenever a Participant becomes aware of any significant change in their forecast demand These will be discussed jointly as they arise and reviewed at the annual meeting H Financing Each Project IA will include pertinent details of financing for that project Financial participation in existing and additional facilities will be based on each Psarticipant projected need for each facility as designated capacity rights Cost of Service Charge The Signatory Members and Participants will establish wholesale water sales charges for both emergency and ltoernmg supply that include Icapital cost 2 fixed operating cost and 3 a variable operating cost based onquantity ofwater delivered based on actual costs ofproviding the service Fixed and variable operating and maintenance costs payments will be made monthly per meter and use rates Projected annual rate adjustments and documentation shall be provided at the annual meeting Any rate increase will be effective beginning January Iofthe following year I The Rates and Charges for the capital operation and maintenance ofthe system shall be based on the following a Capital Cost Those construction related costs incurred for Capacity Rights Capital Costs for facilities contracted solely for a specific project described in an IA are allocated based on designated capacity to be purcbased Capital costs shall include the debt service for each Participant Such debt service shall be defined as the actual debt service on debt issued for the Psarticipant proportionate share of capacity rights or if no debt is issued for the Psarticipant costs by the financing Participant the amortized value at the interest rate of the most recent revenue bond issued by the financing Participant over 20 years However should all capital costs be paid in full by any Participant purcbasing capacity rights prior to the time of the financing Participant incurring the costs no interest charges shall be assigned to the Participant purchasing capacity rights 5 CD1ooC0roco 5 oCj Capital Costs associated with a supplying Psarticipant construction of their internal water system facilities may be included in the fixed and variable operating costs as appropriate using cost of service principles in the same manner as those costs are included in the supplying Psarticipant customer rate base b Fixed Ooerating Cost The cost of labor supervision supplies utilities services taxes insurance and all other costs required to operate and maintain the system other than those items included under Variable Operating Cost The operating cost will include an allocation for renewal and replacement c Variable Ooerating Cost Those costs directly proportionate to the volume ofwater produced including chemicals electric power and other costs required to meet customer and system needs not included ina andbabove 2 Accounting Subregional facilities accounting shall be documented in accordance with generally accepted accounting practices acceptable to the Participants ADMINISTRATIVE LEGALAND OTHER PROVISIONS A Each Signatory Member shall designate in writing their representative responsible for coordination and implementation of the JOA and the subsequent IAs The designated individuals will be the primary contact for all project approvals and communication and shall prepare and publish a schedule and plan to facilitate the planning design and dbayy operation of facilities associated with the subsequent IAs B Signatory Members in good standing may propose Amendments to this JOA at any time Signatory Members in good standing shall vote on proposed Amendments at the Annual Meeting A quorum of Signatory Members present shall approve any Amendments to this JOA prior to their submittal to Signatory Members city councils aonrd utility district boards for approval A Special Meeting ofthe Signatory Members may be called for the purpose ofamending this JOA by two thirds ofthe Signatory Members in good standing C A Signatory Member may withdraw ftom this JOA by providing 120 days notice to other Signatory Members Notice shall be provided to each Signatory Member in writing and shall include the reason for withdrawal December 210090 6 D Any Signatory Member that withdraws ITom the SKCRWA also withdraws ITom this JOA E This JOA shall remain in full force UIÙess terminated in writing by mutual agreement ofall Signatory Members in good standing Termination ofthe JOA or withdrawal by any signatory member shall not affect any Interlocal Agreements negotiated under aJOA F A Signatory Member who merges with any Agency which is not a Signatory Member of this JOA must withdraw ITom the JOA The merged agency would then be allowed to reapply for Signatory Membership in the JOA as the merged Agency IN WITNESS WHEREOF the SKCRWA members hereto have caused this agreement to be Jcxecuted by their proper Officers onthe day of Jí`R 3fJICtZ IjtCl oo0ðoyCR1dPpr As To Form By QSo I TBiytle City ofAI Date 101 aQ ByQotr Title Mayor City ofAuburn Date September 4 2001 Attest tjJa Approved As To Formd By Ø December 19 2000 7 Attest By Approved As To Form By o0tCjttest CtYD Approved As To Form ryilI3ï Co J IJ5 Cçk h 4r o J 0Attest By Approved As To Form By December 210090 By Title City ofBlack Diamond Date By Title City Kent Date ý70 By Title Lakehaven Utility District Date 8 Attest By Approved As To Form By oDCì oAttest CcBy 1 Approved As To Form oBy ooN Attest By Approved As To Form By December 210090 ˙2 rfJ Title anrfI II11 Soos Creek Wi and Sewer District Date nv 0 By Title King County Date 111 By Title City ofPacific Date 9 o0coo01ai o0J South King County Regional Water Association Joint Operating Agreement EdIibitA Check List for IDterlocal Agreements 1 Project Title 2 General List of Utilities to be parties to the Interlocal Agreement lA and approval of the appropriate city councils aonrdwater district boards Consistency with the Joint Operating Agreement JOA Description ofneed for the project Listing ofpotential wholesale customers for the water in accordance with Section4Cofthe JOA Recognition of assessment ofcosts associated with development ofJOA in aocordance with Section4Bofthe JOA Recognition of right offirst refusal to excess capacity ofSignatory Members ofthe South King County Regional Water Association SKCRWA in accordance with SCection4 of the JOA Recognition that capacity and water rights are available to meet the needs ofthe IA 3 Description ofProject Include a drawing or description which identifies all the facilities to be considered within the lA Included within the description should be all jointly or solely solely owned facilities that are to be operated or paid for by a party to the lA Description oflong term ownership ofthe facility Identification ofthe party responsible for operation aonrd maintenance ofthe facility Identification ofthe party responsible for payment for the design and construction ofthe facility 4 Project Costs Financing Capacity Rights Description ofall project costs and the allocation to each party Definition ofcapacity rights for all facilities Definition ofcost sharing for ltoenrmg maintenance for each facility Definition ofmethod ofreimbursement for moneys expended ifrequired Description ofany applicable latecomer fees or huopok charges Description ofrequirements for record keeping and monitoring ofcosts 5 Project Design and Construction Management Definition ofoverall project management responsibilities Definition ofdesign and construction management responsibilities for individual facilities Description ofbasic periodic meeting schedule for review ofproject progress December 19 2000 1 JOA Exhibit A 2000 C0CCoCc rCCCO0 6 Conditions ofService Limitations to source sharing or delivery of water ifany Design criteria for the project facilities Minimum and maximum flow rates and pressures Items specifically excluded olmi the project 7 Term ofDuration ofthe Agreement Discussion ofthe length oftime the agreement is in effect as well as the method to terminate the agreement and succeeding agencies obligations 8 Amendments Method by which the agreement could be amended 9 Hold Hannless Liability Language etc December 19 2000 2 JOA Exhibit A 2000 oDIoooDIoNCoCJ South King County Regional Water Association Joint Operating Agreement exhibit B Computation of Charges Initial Computation based on 8 shares 615628 2081 Initial charge for a share Cost to develop JOA from Covington and WD 111 Cost to the three participants of 1A2 Covington and Auburn three sharE 6244 WD 111 two shares 4163 Final Computation based on 12 shares 6156212 1388 Ultimate use charge Algona and Black Diamond one share 1388 WD 111 two shares 2775 Auburn Kent Covington WD Lakehven UD Or Soos CreekWSDthree shares 4163 Relmbersement for Development and initial use to Covington WD1a1n1dAuburn 61562 Cost for development Covington WD 111 Aubum 8326 8326 6244 4163 6244 2081 4163 6244 2081 4163 6244 4163 6244 4163 2775 4163 2081 1388 2081 463 463 463 1619 925 1619 lOAEchibiI B Fees 2000 development cost use charge 1A2 recovery charge IA2 Auburn ultimate use charge remaining reimb recovery charge IA3 Algona remaining reimb Decen—er 210090 Approved January 220013 REVISED DYLAWS of REGIONAL WATERASSOCIATION OF SOUTH KING COUNTY L MEMBERSHIP A Reeular Memben Governmental Bodies providing water service in South King County are entitled to regular membership in this Corporation upon approval by the Board ofDirectors and payment ofany then required fees aonrd dues The term member as used in these Bylaws shall mean regular member unless otherwise designated D Affiliate Memben Any governmental body Association of Water Purveyors water purveyor individual or business may become an Affiliate Member upon approval by the Board of Directors and payment ofany then required fees aonrd dues Affiliate Members have no proprietary or other interest in the Corporation are not entitled to vote are not entitled to attend meetings as a matter ofright and have no right to participate in any distributions in dissolution or otherwise by the Corporation Affiliate Members may with the approval of the Board ofDirectors attend any regular meeting Ænd participate in all discussions at any regular meeting C Assienment Neither regular nor affiliate membership in this Corporation is assignable by the member ll DIRECTORS ANumber The Articles of Incorporation provide for not less than three nor more than twenty five Directors At the present there shall be as many Directors as there shall be regular members plus the Alternate Directors provided for herein below The number ofDirectors and Alternate Directors may be changed by the membership at any regular meeting or at a special meeting called for that purpose D Oualifications Directors and Alternate Directors must be elected officials or the designee of members of the Corporation Each regular member shall be entitled to select one Director and two Alternate Directors provided herein below C Selection and Term Directors and Alternate Directors shall normally be selected by the Regular Member prior to the Annual Meeting and serve for a term ofone year or until such time BYLAWS 1 Approved Januæy 220013 thereafter as their successors shall be selected by the Regular Member Notice of selection shall be in awritten form satisfactory to the Board ofDirectors D Alternate Directors In the absence ofa Director at a meeting ofthe Board ofDirectors or in the event that a Director is unavailable or unable to act on any matter between meetings an Alternate Director representing the same member may attend the meeting and vote andor act outside a meeting Members may designate the order in which their Alternate Directors may act In the absence ofsuch designations it shall be as agreed by that msember Alternate Directors E Vacancies The Regular Member in accordance with the Selection requirements ofthese Bylaws shall fill any vacancies occurring among its Directors and Alternate Directors F Board of Directors The Director ITom each Regular Member or in the absence of the Director the Alternate Director shall constitute the Board ofDirectors ofthe Corporation No one need look beyond the fact that a a vote or act was performed by either a Director or an Alternate Director All such votes and actions shall be binding on the Corporation and may be relied upon as the act of the Board ofDirectors and the Corporation by all persons dealing with the Corporation G ComDensation Directors shall not receive any compensation for acting as such but may be reimbursed for expenses incurred in the business of the Corporation provided the expenses were approved in advance by the Board ofDirectors or Executive Committee ill AFFILIATE DELEGATES A Affiliate Delegates Each Affiliate Member shall be entitled to an Affiliate Delegate and an Alternate Affiliate Delegate A Qualifications Affiliate Delegates and Alternate Affiliate Delegates may be elected officials of or a designee ofthe Affiliate Member CSelection and Term Affiliate Delegates and Alternate Affiliate Delegates shall be selected by the Affiliate Member and serve until such time thereafter as their successors shall be selected by the Affiliate Member Notice ofselection shall be in a written form satisfactory to the Board of Directors D Vacancies The Affiliate Member in accordance with the selection requirements of these Bylaws shall fill any vacancies occurring among its Affiliate Delegates and Alternate Affiliate Delegates BYLAWS 2 Approved January 220013 F Compensation Affiliate Delegates and Alternate Affiliate Delegates shall not receive any compensation from the Corporation IV OFFICERS AND COMMITTEES A Number The Officers ofthe Corporation shall be a President Vice President Secretary and a Treasurer In addition to the foregoing the Board ofDirectors may elect such assistant or other Officers as the Board from time to time deems appropriate B Term Officers shall be elected by the Board ofDirectors at the Annual Meeting ofthe Board of Directors and shall serve for a term of one year commencing on their election or until such time as their successors are elected C Vacancies The Board ofDirectors may fill a vacancy in any office for the euxpinred portion ofthe term D Oualifications No person may serve as an Officer of the Corporation unless shheeis also a Director or Alternate Director E President The President shall be the managing Executive Officer ofthe Corporation and shall be subject to the ultimate authority of the Board of Directors aonrd any Executive or other committees appointed by it have general charge ofthe business ofthe Corporation The President shall together with the Secretary execute all documents and instruments which are required in the ordinary course of the Csorporation business or which are required by law to be executed by the Corporation F PVreiscideent In the absence ofthe President or hislher inability or refusal to act the Vice President shall perform the duties ofthe President and when so acting shall have all the powers ofand be subject to all ofthe restrictions upon the President G Secretary The Secretary shall in person or through any Assistant Secretary or authorized employee a Keep the minutes ofall meetings b give all notices which must be given under these Bylaws orby statute c be custodian ofthe corporate records and seal andd in general perform all ofthe duties incident to the office ofSecretary and such other duties as from time to time may be assigned tohhiemr by the President or by the Board ofDirectors H Treasurer The Treasurer shall in person or through any Assistant Treasurer or authorized employee a Have charge and custody ofall funds and securities ofthe Corporation bdeposit all corporate moneys in the name ofthe Corporation in such Banks as shall be selected by the Board OfDirectors and c in general perform all ofthe duties incident to the office ofTreasurer BYLAWS 3 Approved January 21 2003 and such other duties as ofmj time to time may be assigned to himlher by the President or by the Board ofDirectors I Assistant Secreta and Assistant Treasurer Any Assistant Secretary or Assistant Treasurer when elected may act in the absence death inability or refusal to act of the Secretary or Treasurer respectively In addition any Assistant Secretary or Treasurer shall perform such duties as shall be assigned to hhiemr ofmj time to time by the Board of Directors or the Secretary or Treasurer J Executive Committee The President PVreiscideent Secretary and Treasurer shall constitute the Executive Committee ofthe Corporation and shall be allowed to act on behalf of the Board of Directors whenever action is required and it is not practicable for the Board of Directors to call a meeting and act Any action of the Executive Committee shall require the votes ofthree ofthe Executive Committee members Actions taken by the Executive Committee shall be brought to the next Regular Meeting ofthe Board ofDirectors for ratification K Audit Committee The President shall annually appoint an Audit Committee The Audit Committee shall review the financial condition and financial transactions ofthe Corporation at the end of each calendar year The Audit Committee shall include the Treasurer as chair and at least two additional Delegates or Alternate Delegates ofmj different Members The Audit Committee shall report its findings to aRegular Meeting ofthe Board ofDirectors KEvaluation Committee The President shall annually appoint an Evaluation Committee The Evaluation Committee shall complete a performance review and evaluation of any employees of the Corporation Employee reviews and evaluations shall normally be completed by December 1 and shall generally cover the previous 12 months The President shall serve as chair of the Evaluation Committee and the committee shall include at least two additional Delegates or Alternate Delegates ofmjdifferent Members The Evaluation Committee shall report its findings to to a Regular Meeting ofthe Board ofDirectors L Other Committees The President with the approval ofthe Board ofDirectors may establish other committees as may be appropriate to conduct the business of the Corporation The President shall appoint the members of and the chair for any committee established under this paragraph Committees shall consist of at least three Delegates or Alternate Delegates ofmj different Members Affiliate Members may serve on committees established under this paragraph with full participation in discussion and other committee work however Affiliate Members shall have no vote in the committee Committees established under this paragraph shall terminate in 12 months ofmj the time offormation unless reestablished by the Board ofDirectors Committees formed under this paragraph shall report to the Board of Directors at a Regular Meeting of the Board ofDirectors BYLAWS 4 Approved January 21 2003 v MEETINGS A uRleaer Mseetine The Board of Directors shall generally meet monthly at a regularly scheduled time and place as necessary to conduct the business ofthe Corporation The Board of Directors may change the time and place of Regular Meetings or cancel a Regular Meeting as necessary to meet the needs ofthe Directors and the Corporation The Directors shall be notified in writing of the time and place of regular meetings Upon each Director being so notified no further notice ofregular meetings need be given unless the time and place thereof is changed B Annual Meetine The Annual Meeting ofthe Board ofDirectors shall be the January Regular Meeting ofthe Board ofDirectors c Joint Ooeratine rAeemeent Annual Meetine The Regular Members who are signatory members of the Joint Operating Agreement shall normally hold a Joint Operating Agreement Annual Meeting in September The Board ofDirectors shall set the time and place for the Joint Operating Agreement Annual Meeting and the President shall preside All business ofthe Joint Operating Agreement Annual Meeting shall be conducted with the same procedures and manner as other meetings of the Corporation except as required by the terms of the Joint Operating Agreement The Directors of signatory members of the Board ofDirectors shall be notified in writing of the time and place of the Joint Operating Agreement Upon each Director being so notified no further notice of regular meetings need be given unless the time and place thereof is changed DSoecial Mseetine Special meetings ofthe Board ofDirectors may be called at any time by or at the request of the President or any three Directors The President or Directors calling the special meeting shall give notice of the purpose thereof to the Corporation The Secretary shall then fix the date place and time ofthe meeting and give notice thereof and ofits purpose to all of the Directors at least five days in advance ofthe meeting E Quorum A majority of the Regular Members of the Corporation present in person or by proxy shall constitute a quorum for the transaction of business at any meeting of the Board of Directors The vote ofa majority ofthe Regular Members present in person or by proxy shall be necessary for the adoption ofany matters unless a greater percentage is required by state law F Infonnal Action Any action which must or might be taken at a meeting of the Board of Directors or any committee thereof may be taken without a meeting if a consent in writing setting forth the action so taken shall be signed by all ofthe Directors or committee members as the case may be BYLAWS 5 Approved January 220013 VI VOTING A General Each Regular Member shall be entitled to one vote on each matter submitted to a vote at ameeting ofthe Corporation B Proxies Regular Members may vote in person or by proxy A proxy to be valid must be in writing signed by the member and submitted to the Corporation prior to voting No proxy shall be valid after thirteen months ftom the date of its execution unless otherwise provided in the proxy C Mail Voting At the discretion ofthe Board ofDirectors voting may be conducted by mail In such case a written ballot shall be sent to each Regular Member at least twenty days in advance of the date for canvass of the votes The written ballot shall contain and describe the issues or persons to be voted upon and shall provide space for the Regular Member to vote for or against the issue or for the candidates ofhis or her choice VllCORPORATION FUNDS A Deoosits All funds ofthe Corporation other than a reasonable amount for petty cash shall be deposited in the name of the Corporation in such banks or other depositories as the Board of Directors shall select B Checks All disbursements by the Corporation other than small amounts ftom petty cash shall be by check drawn direct to the ultimate payees and signed by at least two Directors of the Corporation vm EMPLOYEES A Emolovees The Board ofDirectors may employ or appoint such organizations and persons as it deems appropriate and shall establish or approve salaries aonrd other charges for such services Employees shall not be elected or appointed officials or employees of any regular member entity and shall serve at the will of the Board of Directors The Regional Water Association ofSouth King County is an at will employer B Annual Review Annually the Board of Directors with the assistance of the Evaluation Committee shall review the perfonnance and compensation ofany employees ofthe Corporation BYLAWS 6 Approved January 21 2003 MEMBERAGREEMENTS A Member Agreements From time to time the Board ofDirectors may offer member agreements tomembers for consideration and or participation Approval or participation in any agreement so offered shall not be a condition ofmembership in the Corporation B Joint Operating Agreement The South King County Regional Water Association Joint Operating Agreement is a Member Agreement as defined in these Bylaws As such participation in the Joint Operating Agreement is not a condition ofmembership in the Corporation x AMENDMENTS The Board ofDirectors may adopt new Bylaws or may alter amend or repeal these Bylaws at a Regular Meeting or at a cSiapl Meeting provided such meeting is held with proper notice as required by these Bylaws or through the mail voting procedures ofthe Corporation XII DUES AND CHARGES Membership fees dues aonrd other charges the time for payment thereof and procedures in the event ofdelinquency shall be as established ITom time to time by the Board ofDirectors ofDirectors xn CONTRACTS LOANS AND CHECKS A Contracts The Board ofDirectors may authorize any Officer or Officers agent or agents to enter into any contract or execute and deliver any instrument in the name of and on behalfofthe Corporation and such authority may be general or confined to specific instances A Loans No loans shall be contracted on behalf of the Corporation and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors or the Executive Committee if such authority is delegated it by the Board ofDirectors Such authority when granted may be general or confined to specific instances CLoans to Directors and Officers The Corporation shall make no loans to its Directors or Officers Any director who votes for or assents to the making ofa loan to a Director or Officer of the Corporation and any Officer or Officers participating in the making of such loan shall be jointly and severally liable to the Corporation for the amount ofsuch loan until repayment thereof BYLAWS 7 Approved January 220013 210072 Xill SEAL The Board of Directors shall provide for a corporate seal which shall have inscribed thereon the name of the Corporation and the words State of Washington and Corporate Seal Until changed by the Board ofDirectors the Corporations seal shall be that affixed to this page ADOPTED this ZI day of 23SJDIRECTOR LDIRECTOR DIRECTOR o DIRECTOR DIRECTOR BYLAWS 8 RESOLUTION NO 3 4 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EMERGENCY WATER SYSTEM INTERTIE AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF BONNEY LAKE WHEREAS pursuant to RCW301541A0Auburn and Bonney Lake have legal authority to exercise their powers and perform any of their functions as set forth in RCW 349 and WHEREAS pursuant to RCW349the Interlocal Cooperation Act Auburn and Bonney Lake have legal authority to cooperate with other localities on the basis of mutual advantage and provision of services and WHEREAS the City of Auburn and the City of Bonney Lake currently have water facilities in the vicinity and WHEREAS both cities can increase fire protection and emergency water supply reliability for their customers and WHEREAS both cities are willing to provide the necessary services to increase fire fighting and emergency supply reliability upon the terms and conditions set for in the Emergency Water System Intertie Agreement NOW THEREFORE THE COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH RESOLVES THAT Resolutior No 3434 February 27 2002 Page I Section 1 Pursuant to RCW349the Interlocal Cooperation Act Aubum and Bonney Lake have legal authority to cooperate with other localities on the basis of mutual advantage and provision of services Section 2 The Mayor and City Clerk of the City of Auburn ara herewith authorized to execute an Emergency Water System Intertie Agreement between the City and the City of Bonney Lake A copy of said Agreement is attached hereto denominated as Exhibit Aand made a part hereof as though set forth in full herein Section 3 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Resolution No 3434 February 27 2002 Page 2 DATEDtdhaisyof ATTEST 2002CITY OF AUBURN PETER B LEWIS MAYOR tDielale E Daskam City Clerk APPROVED AS TO FORM City Attorney Resolution No 3434 February 27 2002 Page 3 Return Address Auburn City Clerk City of Auburn 25 West Main St Auburn WA 98001 RSECORDER COVER SHEET Document Tsitle or transactions contained therein Interlocal Agreement Emergency Water System Intertie Agreement Reference Nsumber of Documents assigned or released IAdditional references on page of document O BGsorraronwtoerrLast name first then first name and initials E Auburn City of BAGesrnsaeignficntieaereey Last Bonney Lake City of name first Legal Description abbreviated ielot block plat or section township range PER RCW349 Additional legal is on page of document Asssessor Property Tax APcacrocuentlNumber Assessor Tax not yet assigned EXHIBIT A EMERGENCY WATER SYSTEM INTERTIE AGREEMENT Bonney ALuabkuren Intertie Agreement No 3 THIS AGREEMENT made and entered into by and between the City of Auburn hereinafter referred to as Auburn and the City of Bonney Lake hereinafter referred to as Bonney Lake for the purposes of planning designing constructing maintaining and operating an emergency system intertie between the respective parties WITNESSETH WHEREAS both Cities have water facilities in the vicinity and WHEREAS both Cities can increase fire protection and emergency water supply reliability for their customers and WHEREAS the Cities are willing to provide the necessary services to increase fire fighting and emergency supply reliability upon the terms and conditions set forth hereinNOW THEREFORE IT IS MUTUALLY AGREED as follows The emergency water system intertie is designed to be operated manually as a two way emergency supply between the Auburn and Bonney Lake Systems The facility shall be located in Evergreen Way SE at the Water Service Area Boundaries between the two cities Final location and configuration of the facilities shall be determined at the time of final design Initially the Intertie is assumed to be a ownaey supply from Bonney Lake to Auburn The emergency water system intertie shall be operated only in the event of an emergency For purposes of this agreement an emergency shall be defined as resulting from a water shortage a major water line break fire demand contamination to the water supply system mechanical equipment failure electrical equipment failure or Puget Sound Energy facility failure or any other agreed upon emergency within the water supply system Aubum will design and administer the contract for the construction of the metering station The facility will be designed and constructed in accordance with reasonably accepted water utility standards for similar municipal water utilities Auburn will own and maintain the piping interior equipment emergency meter and interior appurtenances and all piping up to the Bonney Lake side of the vault for the metering station Exhibit A Resolution No 3434 Upon completion of construction Auburn will transfer ownership of all exterior appurtenances and all piping which is located on the Bonney Lake side of the vault to Bonney Lake Bonney Lake will own and maintain the exterior appurtenances and all piping on Bonney Lsake side of the vault Each City will each have unlimited access to the vault via a dual padlock or ownership of keys to the vault Each City will operate the respective normally locked valve inside of the vault Auburn will solely unlock and operate the locked valve on Asuburn side of the meter and Bonney Lake will solely unlock and operate the locked valve on Bonney Lsake side of the meter The procedure for operating the intertie in the event of such emergency shall be as follows Each City shall determine that an emergency of sufficient magnitude has occurred which warrants the need to request that the intertie be activated Bo The Public Works Director or appointed person or authorized personnel shall provide a verbal request to the other Csity Public Works Director or appointed person Upon agreement that an emergency exists which shall allow for the intertie to be opened the intertie will be activated as soon as reasonably possible Both Cities personnel shall be present at the vault to open the valves to activate the facility The City requesting the activation shall provide a written confirmation of the request not less than 24 hours after the verbal request or on the first day of normal business after the verbal request The intertie shall remain activated until the City requesting activation determines that the need for activation of the emergency intertie has ceased and shall request in writing to close the intertie In case of emergency or whenever the public health safety or the equitable distribution of water so demands the City supplying the water may change reduce or limit the time for or temporarily discontinue the supply of water without notice water service may be temporarily interrupted limited for purposes of making repairs extensions or doing other necessary work and the City supplying the water shall not be responsible for any damage resulting from interruption change or failure of the water supply and the City 10 receiving the water City requesting activation shall save and hold harmless the City supplying the water from any loss damages or suites to or by customers of the City receiving the water resulting from interruption change or failure of water supply provided by this Agreement except damages arising out of the City supplying the wsater negligence Prior to a planned interruption or limiting of service the City supplying the water will notify the City receiving the water of such not less than three days prior to the service disruption The City supplying the water agrees to use best efforts and reasonable diligence to notify the City receiving the water as soon after it becomes aware of the need for service disruption and further will to the extent practical limit the service disruption to daylight hours Auburn shall read the meter upon activation and upon deactivation of the intertie The city supplying the water shall verify the information and shall then calculate and invoice the other city for the water used during the request The invoice shall be calculated by the total water used during the event The rate shall be at the current Auburn Wholesale Rate or the lowest Bonney Lake retail rate depending on which city is supplying the water This shall be complete payment for the water labor and administration of activating the intertie The total project costs shall include costs for consulting design service and construction Auburn shall bear the total project costs until and unless it can be demonstrated that Bonney Lake can benefit from the intertie At such time the parties agree to negotiate the fair share of the total actual project costs that correspond to the benefit Bonney Lake could receive Bonney Lake agrees to pay such fair share of the total project costs upon billing for same by Auburn Bonney Lake will have the right to build an intertie from Auburn to Bonney Lake at another location Bonney Lake will bear the cost of building a separate intertie Each City is responsible for associated staff administration and legal costs associated with the implementation of the agreement To the extent allowed by law the City of Bonney Lake shall defend indemnify and hold harmless the City of Auburn its elected officials employees and agents from and against any and all suits claims actions losses costs expenses of litigation asttorney fees penalties and damages of whatsoever kind or nature arising out of or in connection with or incident to an act or omission of the City of Bonney Lake its employees agents and contractors in the performance of the City of Bonney Lsake obligations under the Agreement and this Amendment This indemnification provision shall include but is not limited to all claims against the City of Auburn by an employee or former employee of the City of Bonney Lake or its contractors and as to such claims the City of Bonney Lake expressly waives all immunity and limitation of liability under Title 51 RCW To the extent allowed by law the City of Auburn shall defend indemnify and hold harmless the City of Bonney Lake its elected officials employees and agents from and against any and all suits claims actions losses costs expenses of litigation asttorney fees penalties and damages or whatsoever kind or nature arising our of in connection with or incident to an act or omission of the City of Auburn its employees agents and contractors in the performance of the City of Asuburn obligations under this Agreement This indemnification obligation shall include but is not limited to all claims against the City of Bonney Lake by an employee or former employee of the City of Auburn or its contractors and as to such claims the City of Auburn expressly waives all immunity and limitation of liability under Title 51 RCW 11 This Agreement shall remain in force until terminated by either party hereto upon d6a0ys written notice to the other other party Any project costs incurred up to the date of such notice as described herein shall be shared in accordance with the provisions of this Agreement IN WITNESS WHEREOF we have hereunto set our hands and seals CITY OF AUBURN King County Washington vlayor Date Approved as tmoz yitttAoyr CITY OFB3rlLAKE Pdierce By y Mayor zLte ity Ayrttor Date RESOLUTION NO 3443 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EMERGENCY WATER SYSTEM INTERTIE AGREEMENT BETWEEN THE CITY OF AUBURN AND LAKEHAVEN UTILITY DISTRICT WHEREAS pursuant to RCW 349the lnterlocal Cooperation Act Auburn and Lakehaven Utility District LUD have legal authority to cooperate with other localities on the basis of mutual advantage and provision of services and WHEREAS the City has water facilities in the vicinity of a water main of LUD and WHEREAS the City can increase the reliability of water for its customers including Covington Water District and Water District No 111 if water is available from LUD in the event of eamergnency and WHEREAS LUD is willing to provide to the City emergency service upon the terms and conditions set forth herein NOW THEREFORE THE COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH RESOLVES THAT Section 1 Pursuant to RCW349 the Interlocal Cooperation Act Auburn and Lakehaven Utility District have legal authority to cooperate with other localities on the basis of mutual advantage and provision of services Section 2 The Mayor and City Clerk of the City of Auburn are herewith authorized to execute the Emergency Water System Intertie Agreement between Resolution No 3443 01234 Page 1 the City and Lakehaven Utility District with minor administrative changes if required A copy of said Agreement is attached hereto denominated as Exhibit Aand made a part hereof as though set forth in full herein Section 3 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Resolution No 3443 01234 Page 2 DATED this lasyof April 2002 CITY OF AUBURN PETER B LEWIS MAYOR ATTEST Danielle E Daskam City Clerk APPROVED AS TO FORM City Attorney Resolution No 3443 01234 Page 3 Return Address Auburn City Clerk City of Auburn 25 West Main St Auburn WA 98001 2PAC0XFX0C3NU0TX7T A1G 5002e07707 PAGE OF e9 t23755tt5 KZNG COUNTY UA RSECORDER COVER SHEET Document Tsitle or transactions contained therein Interlocal Agreement Emergency Water Supply Agreement Reference Nsumber of Documents assigned or released IAdditional references on page of document BGsorraronwtoerr Last name first then first name and initials Auburn City of ii ij BAGesrnsaeignficntieaereeyLast name first 1 LakehaVen Utility sDtricit Legal Description abbreviated ie lot block plat or section township range PER RCW349 Additional legal is on page of document Asssessor Property Tax APcacrocuentlNumber NAAssessorTax not yet assigned EMERGENCY WATER SUPPLY AGREEMENT LAaukebhauvrenn Intertie No 1 THIS AGREEMENT made and entered into by and betWeen the City of Auburn hereinafter referred to as City and Lakehaven Utility District hereinafter referred to as District WITNESSETH WHEREASthe City has water facilities in the vicinity ofa water main of the District and WHEREAS the City can increase the reliability of water for its customers including Covington Water District and Water District No 111 if water is available from the District in the event of an emergency and WHEREAS the District is willing to provide to the City emergency service upon the terms and conditions set forth herein NOW THEREFORE IT IS MUTUALLY AGREED as follows 1 The District hereby grants to the City the right to connect for the purposes described herein awater meter and appurtenances to the end of the i1nc6h water main located in the vicinity of 15th Street Northwest and Terrace Drive in King County Washington more specifically shown on Exhibit A The intertie facility shall be sited on property owned by the City 2 The meter described in Paragraph No 1 herein is installed to provide an emergency water supply Water shall not be withdrawn from the supply without the prior written approval of the District At the time approval is sought the City shall state the requested time of commencement of use the expected duration of withdrawal and the quantity of water to be withdrawn The City shall request in writing an extension of or reduction in the duration of the withdrawal if the duration ofthe withdrawal is expected to vary from the original estimate The District and City shall read the meter upon activation and upon deactivation ofthe intertie The District may periodically bill the City for water used while the intertie is in operation or may bill for all such use after the withdrawal has ended 3 It is anticipated by the parties that because the facility will be funded by agencies with emergency or intermptible water supply agreements with the City specifically Covington Water District and Water District 111 the City may be called upon by adjoining agencies to provide an emergency supply of water beyond the Csity ability to produce such supply and therefore requests for emergency service under this Agreement may originate on behalf of those adjoining agencies ExhibitA Res 3443 Page 1 4 Upon completion ofthe Emergency Intertie construction the DiStrict will own and maintain the meter associated appurtenances necessary to monitor emergency use of the intertie the gate valve upstream of the vault and all piping upstream of the meter The City will own and maintain the vault control valve and all other piping and appurtenances downstream of the meter see Exhibit B The City and the District shall have mutual access to the vault for periodic inspection and maintenance or repair of their respective facilities 5 The City shall comply with all District resolutions and roles applicable to a connection to the Dsistrict water system including but not limited to the requirement that the District provide written approval of plans and specifications for the connection of intertie facilities prior to construction 6 The City shall pay to the District the base monthly service charge and quantity charge for any water received Monthly service and quantity charge rates shall be established or amended by District resolution for the use of an eight8inch meter and the applicable water rate The rate for emergency water use Will be the greater ofthe Dsistrict adopted summer rnesiodenntial CPomumberlciicalAuthority water rate or the City of Tsacoma Tacoma adopted wholesale water rate plus aDistrict wheeling rate determined by the District Examples ofthe current rates are included in Exhibit C The District or Tacoma may revise these rates from time to time without notice to the City and such revised rates shall apply to emergency water deliveries made pursuant to this agreement 7 This Agreement shall not authorize or permit the City to take water from the connection described herein beyond what is described in paragraph 2 3 and Exhibit D o Conditions aIn the event the District determines that the use of the emergency intertie is or will impose a negative impact to the public health safety or the equitable distribution of water within the District the District may change reduce or limit the time for or temporarily discontinue the withdrawal of water without notice bWater service may be temporarily interrupted or otherwise limited for purposes of making repairs extensions or doing other necessary work to the water system and c Prior to aplanned interruption or limiting of service as set forth inb above the District will notify the City of such planned interruption or limiting of service The District agrees to use best efforts to notify the City as soon after it becomes aware of the need for such aservice disruption dOperating conditions are as described in Exhibit C 9 Payment of all invoices for services and charges from the District shall be paid within 45 days ofthe invoice date 10 In the event of pnerfoormannce of any provision herein by the City District may shut off water supplied pursuant to this Agreement ExhibitA Res 3443 Page 2 11 The use of this intertie is contingent upon receiving approval of same from the Department of Health pursuant to applicable regulations 12 The City agrees to indemnify defend and hold harmless the District its officers directors employees and agents and their successors and assigns from any and all costs or claims arising out ofor in any way resulting from the Csity default failure of performance or negligent conduct associated with this Agreement This indemnification provision shall include but is not limited to all claims against the District by an employee or former employee ofthe City or their contractors and as to such claims the City expressly waives all immunity and limitation of liability under Title 51 RCW The District agrees to indemnify defend and hold harmless the City its officers directors employees and agents and their successors and assigns from any and all costs or claims arising out of or in any way resulting from the Dsistrict default failure of performance or negligent conduct associated with this Agreement This indemnification provision shall include but is not limited to all claims against the City by an employee or former employee ofthe District or its contractors and as to such claims the District expressly waives all immunity and limitation of liability under Title 51 RCW 13 The parties shall make good faith efforts to resolve by informal discussion any dispute arising under or in connection with this Agreement Should adispute arise between the parties that cannot be resolved satisfactorily amediator mutually acceptable to the parties shall resolve the dispute through the use of mediation at equal cost to each party Should the Parties not be able to satisfactorily resolve the dispute through mediation the forum for resolution shall be the King County Superior Court The prevailing party shall be entitled to attorney fees and costs 14 This Agreement may be terminated by either party hereto upon d6a0ys written notice to the other party 15 Notices should be sent to the City and the District at the following addresses Public Works Director City ofAuburn 25 West Main Street Auburn WA 98001 General Manager Lakehaven Utility District POBox 4249 Federal Way WA 98003 ExhibitA Res 3443 Page 3 IN WITNESS WHEREOF we have hereunto set our hands and seals CITY OF AUBURN King County Washington Mayor Date Afpprotfo LAKEHAVEN UTILITY DISTRICT King County Washington General Manager Date Approvato form By cOunse1 Date ExhibitARes 3443 Page 4 EixthC Example of Monthly Meter Cost Lakehaven currently does not have an adopted monthly rate for an 8 meter and would use an amount near Tsacoma monthly meter rate until such time as Lakehaven adopts a rate for this size meter Tsacoma rate for an 8 meter is 80145 Effective02413 Lsakehaven proposed starting monthly rate 80004 Example of Emergency Water Rates in 2002 Lakehaven Utility District Rates Resolution 99096 CPomumbelrciicalAuthority Water Rate 0160 ccfEffective 21000 City ofTacoma ORrdaintaencse No 26800 plus Lakehaven Wheeling Rate Summer Wholesale Water Rate to Lakehaven Lakehaven Wheeling Rate Total Emergency Water Use Rate equals 9012 ccfEffective0242 0180 ccfCurrent Estimate 1092 ccf 1092 ccf in 2002 ExhibitA Res 3443 Page 7 Exhibit D Operating Conditions Prior to intertie activation the 16 water main upstream of the Dsistrict meter shall be flushed by the District Any costs incurred by the District beyond labor time and the cost of water used for the flushing operation shall be paid by the City e The City will maintain a back spurestsasinuinreg feature within the metering facility in order to maintain adequate pressure within the Dsistrict service area while also preventing uncontrolled flows The District will maintain the right to authorize or direct the City to change the minimum sutrepam pressure setting if an adjustment is warranted to increase flow capacity or maintain adequate pressure in the Dsistrict distribution system The initial settings for the spurestsasinuinreg valve shall be noted on the approved construction plans and shall be stored in a waterproof container in the vault Records of any future revised pressure settings shall be maintained and noted on the record drawings for the metering facility retained by the parties and the information stored in the vault shall be updated The City will control the delivery flow rate from Lakehaven The current estimated maximum allowable flow rate from Lakehaven is 1750 gpm or25 mgd more or less so long as Lakehaven customers are not impacted The Csity system has the capacity to receive water at a maximum instantaneous rate of up to approximately 5 mgd 4 The District and City will coordinate the telemetry system so each will receive the signal required for its operation and monitoring ExhibitA Res 3443 Page 8 RESOLUTION NO 3 4 8 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERIM WATER SALES AGREEMENT BETWEEN THE CITY OF AUBURN AND COVINGTON WATER DISTRICT AND WATER DISTRICT No 111 WHEREAS Covington Water District Covington King County Water District No 111 WD 111 and the City of Auburn Auburn are authorized to enter into this Agreement under the authority of their respective enabling legislation and under the authority of Chapter349RCW the Interlocal Cooperation Act and WHEREAS the parties desire to avoid unpredictable water sales and create a predictable and reliable cost for wholesale water to be sold by Auburn to Covington and WD 111 and WHEREAS it is in the public interest for the parties herein to enter into an interim water sales agreement NOW THEREFORE THE COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH RESOLVES THAT Section 1 Pursuant to RCW 349 the Interlocal Cooperation Act Auburn Covington Covington and WD 111 have legal authority to cooperate with other localities on the basis of mutual advantage and provision of services Section 2 The Mayor and City Clerk of the City of Auburn are herewith authorized to execute the Interim water Sales Agreement between Auburn and Covington and WD 111 with minor administrative changes if required A copy of said Resolution No 3482 01126 Page 1 Agreement is attached hereto denominated as Exhibit A and made a part hereof as though set forth in full herein Section 3 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Section 4 This resolution shall be in full force and affect upon passage and signatures hereon DATED thisdayof CITY OF AUBURN PETER B LEWIS MAYOR ATTEST Damelle E Daskam City Clerk APBREDFORM City Attorney Resolution No 3482 01126 Page 2 Return Address Auburn City Clerk City of Auburn 25 West Main St Auburn WA 98001 P2RC0ZFZ0C N3U 0T7ZR1G 400202673 PRGE eel OF 8 12341215 KZNG COUNTY UR RSECORDER COVER SHEET Document Tsitle ortransactions contained therein Interlocal Agreement RES 3482 Interim Water Sales Agreement Reference Nsumber of Documents assigned or released rlAdditional references on page of document BGsorraronwtoerrLast name first then first name and initials Auburn City of BAGesrnsaeignficntieaereeyLast name first 1 Covington Water District 2 King County Water D strict 111 Legal Description abbreviated ie lot block plat or section township range PER RCW349 Additional legal is on page of document IsAssessor Property Tax APcacrocuenltNumber NA Assessor Tax not yet assigned ExhibitA INTERIM WATERSALES AGREEMENT between COVINGTON WATER DISTRICT KING COUNTY WATER DISTRICTNO 111 and the CITY ofAUBURN This Agreement Agreement is made and entered into this day of June 2002 by and between Covington Water District Covington a Municipal Corporation King County Water District No 111 WD 111 a Municipal Corporation collectively referred to herein as the Districts and the City of Auburn Auburn a Municipal Corporation Recitalsmo ExhibitA Resolution 3482 The parties to this Agreement are also parties to Interlocal Agreement 2 for the Lea Hill Intertie Project between Covington Water District King County Water District 111 and the City of AuburnIA2 The parties desire to avoid unpredictable water sales and create a predictable and reliable cost for wholesale water to be sold by Auburn to the Districts By guaranteeing a minimum purchase of water for a given period of time iea take or pay approach the cost of water which to a significant extent is based on peaking factors can be minimized for all of Auburns customers 1 Do Eo Fo Go This Agreement is intended to establish a rate for afixed block of water for the mutual benefit ofthe parties of this Agreement It is in the interest of the Districts to have a predictable supply of water available and in Asuburn interest to have a predictable and consistent source ofrevenue from the sale of such water The parties are authorized to enter into this Agreement under the authority of their respective enabling legislation and under the authority of Chapter 349RCW the Interlocal Cooperation Act The 15 million gallons of water per dayMGDtake or pay water provided for in this Agreement is a portion of and not in addition to the 5 MGD as addressed in IA2 Now therefore in consideration of the mutual covenants and promises contained herein and for other good and valuable consideration the adequacy of which is hereby acknowledged the parties hereby agree as follows 1 TAKE OR PAY The Districts agree to purchase an average of 15 MGD of water from Auburn on a take or pay basis Take or pay shall mean that the Districts shall pay for 15MGD whether or not the water is actually taken by the Districts the take or pay water also referred to in this Agreement as the Block of water provided the Block of water may be modified as set forth in Paragraph 4 Annual Review and Adjustment herein If the Districts cannot accept 15mgd due to an emergency as ExhibitA Resolution 3482 2 defined in Paragraph 6 they will be billed for the water they receive at the Block rate 2 CHARGES FOR WATER The Districts shall pay the rate per one hundred cubic feet of water CCFfor the 15 MGD Block shown in Exhibit 1 attached hereto which is by this reference incorporated except as further addressed in Paragraph 3 herein Any water taken in excess Excess Water of the Block during the winter October 1 through May 31 shall be billed at the winter overage rate shown in Exhibit 1 and during the summer June 1 through September 30 shall be billed at the summer overage rate shown in Exhibit 1 Any water taken during an emergency within the Covingtonaonrd WD 111 systems as defined in Paragraph 6 shall be billed at the 15 mgd Block rate Auburn shall send one monthly bill to WD 111 for all water purchased by the Districts 3 QUANTITY AVAILABLE DELIVERED The 15 MGD Block of water shall be defined as a block ofwater to be delivered at an average rate of15 MGD measured over a rolling 3 day period with total quantities delivered within any single day being no more than 10more or less than 15MGD If the Districts are unable for any reason to accept the Block of water the minimum monthly payment shall be 15 MGD multiplied by the rate then in effect pursuant to Paragraph 2 above If Auburn is unable to deliver the amount of water requested by the Districts up to the Block of water then Auburn will bill the Districts for the amount of water actually delivered at the ExhibitA Resolution 3482 ExhibitA Resolution 3482 block rate pursuant to Paragraph 2 above For the take or pay water Block provided for herein the Districts will be served on the same basis and with the same reliability as service is provided to Asuburn retail customers and any curtailment restrictions or limitations on delivery shall be on same basis as curtailment restrictions or limitations on delivery to Asuburn retail customers ANNUAL REVIEWAND IAUSTMDENT The initial Block of15 MGD shall remain in effect through December 31 2005 Each year the take or pay Block may be adjusted by mutual agreement By September 1 of each year the Districts shall notify Auburn of their intent to continue without change or request an increase in the Block quantity Any requested change in the Block quantity would be effective January 1 of the year following the request In the event that neither party communicates its intent under this provision the Block shall be deemed to continue unchanged TERM This Agreement shall remain in full force and effect from the first day of the month following the execution of this Agreement through December 31 2005 provided that this Agreement shall automatically be renewed for an additional year at the conclusion of the term of this Agreement or any extension thereofunless any party provides the others with notice of an intent not to extend this Agreement which notice shall be received by the other parties not less than one year prior to the expiration ofthe term of this Agreement or any extension thereof The termination of this Agreement shall 4 not affect any rights or obligations under IA2 61 EMERGENCIES For purposes of this Agreement an emergency shall be defined as resulting from a water shortage amajor water line break fire demand contamination to the water supply system mechanical equipment failure electrical equipment failure or Puget Sound Energy facility failure or any other mutually agreed upon emergency within the water supply system Anemergency period shall be for no more than five 5 working days without written request by the Districts and approval by Auburn in writing to extend the emergency period The City may change reduce or limit the time for or temporarily discontinue any water supplied for an emergency in excess of the Block quantity without notice Prior to a planned interruption or limiting of emergency service the City will notify the Districts of such not less than three days prior to the service disruption The City agrees to use best efforts and reasonable diligence to notify the Districts as soon after it becomes aware ofthe need for emergency service disruption and further will to the extent practical limit the service disruption to daylight hours 7 JOINT AND SEVERAL OBLIGATION The obligation of the Districts as set forth therein shall be a Joint and Several obligation of the Districts Allocation of the take or pay Block of water and the payment for such water shall be negotiated between the Districts outside of this Agreement ExhibitA Resolution 3482 5 In witness whereof the participants hereto have caused this Agreement to be executed by their proper officers on the day of 2002 City of Auburn by Title Approved as to form by Title Covington Water District bY4 King County Water District 111 by Title ExhibitA Resolution 3482 6 Interim Water Sales Agreement Between Covington Water District King County Water District No 111 And the City of Auburn Exhibit 1 Take or Pay Monthly Rates Year Base Charge 15MGD Rate Winter Overage Summer Overage 2002 10705 700 800 815 2003 10705 705 805 020 2004 10705 800 900 120 2005 10705 805 905 220 Covington and WD 111 are each responsible for paying a Base Charge of10705 per month per district ExhibitA Resolution 3482 7 RESOLUTION NO 3 5 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVISED WATER SYSTEM INTERTIE AGREEMENT NO 3A BETWEEN THE CITY OF AUBURN AND THE CITY OF ALGONA WHEREAS pursuant to RCW 349 the Interlocal Cooperation Act Auburn and Algona have legal authority to cooperate with other localities on the basis of mutual advantage and provision of services and WHEREAS the City of Auburn and the City of Algona executed Interlocal Agreement No 3 IA No 3 dated August 19 1996 and WHEREAS information and exhibits in IA No 3 need to be updated to reflect current status and WHEREAS the Algona well and water right were not completely conveyed by Algona to Auburn as intended under IA No 3 and WHEREAS it is the desire of Algona and Auburn to finalize the IA No 3 agreement with respect to facilities constructed and agree on a method of payment for constructed and proposed facilities NOW THEREFORE THE COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH RESOLVES THAT Resolution No 3534 September 26 2002 Page 1 Section 1 Pursuant to RCW 349the Interlocal Cooperation Act Auburn and Algona have legal authority to cooperate with other localities on the basis of mutual advantage and provision of services Section 2 The Mayor and City Clerk of the City of Auburn are herewith authorized to execute a revised Water System Intertie Agreement No 3A between the City and the City of Algona A copy of said Agreement is attached hereto denominated as Exhibit 1and made a part hereof as though set forth in full herein Section 3 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Resolution No 3534 September 26 2002 Page 2 CITY OF AUBURN MAYOR ATTEST Danielle E Daskam City Clerk APPROVED AS TO FORM City Attorney Resolution No 3534 September 26 2002 Page 3 Return Address Auburn City Clerk City of Auburn 25 West Main St Auburn WA 98001 320000073005 PACZFZC NU TZT AG 050 PAGE eel OF e32 20188133 4849 KZNG COUNTY hA RSECORDER COVER SHEET Document Tsitle ortransactions contained therein Interlocal Agreement Reference Nsumber of Documents assigned or released IAdditional references on page of document BGsorraronwtoerr Last name first then first name and initials Auburn City of BAGesrnsaeignficntieaereey Last name first Algona City of Legal Description abbreviated ielot block plat or section township range PER RCW349 Additional legal is on page of document IsAssessor Property Tax APcacrocuenltNumber NA Assessor Tax not yet assigned WATER SYSTEMINTERTIE AGREEMENT AAulgbounranIntertie Agreement No 3A THIS AGREEMENT made and entered into by and between the City of Auburn hereinafter referred to as Auburn and the City of Algona hereinafter referred to as Algona for the purposes of modifying Interlocal Agreement 3 between Algona and Auburn and establishing a payment schedule for the system intertie between the respective parties WITNESSETH WHEREAS both Cities have executed Interlocal Agreement 3 I3A for the Algona Intertie Project dated August 19 1996 and WHEREAS both Cities agreed that the following facilities were to be built and funded in part or in whole by Algona as a part ofI3A 1 Five 5 Meter Stations 2 A Future Reservoir in Lakeland Hills 3 Wells 6 and 7 and WHEREAS this agreement identifies one time capital facilities charges for the above referenced projects that serve to increase the capacity of service to the City of Algona and WHEREAS Algona agreed to deed over its primary Water Rsight instantaneous flow rate Qi of 500 gpm annual flow rate Qa of 175 acre feet per year well facilities and well property protection zone easement to Auburn in exchange for Auburn providing a portion of the Algona long term water supply and WHEREAS the Cities agreed to terminate anumber of preexisting agreements and WHEREAS Algona agreed to implement a water conservation program consistent with Asuburn conservation program and WHEREAS Algona agreed to maintain its 0100 gallons of system storage participate in an additional 0100gallons of storage in the Auburn system or provide for the storage otherwise and WHEREAS Algona granted Auburn permission to construct own operate maintain repair and replace Auburn water facilities within Algona right of way at Auburn expense and WHEREAS the Boeing Company Welded Duct Facility was transferred to Algona as a direct service customer and the existing meter was converted to a master meter and WHEREAS a 01080gallon share of the I3Aproposed 17 million gallon Lakeland Hills Reservoir was to be financed by Algona in accordance with the Algona January 1997 Water System Plan and with Auburn storage criteria in accordance with the schedule contained in Exhibit D ofI3A and WHEREAS Auburn agreed to provide Algona up to050205gallons of average day demand ADD and 0110104 gallons of maximum day demandMDD through 2014 and WHEREAS the estimated project costs were shown in Exhibit D ofI3A and those estimated costs were understated and WHEREAS the Algona City well and associated water rights were not completely conveyed by Algona to Auburn as intended underI3Aand WHEREASit is the desire of Algona and Auburn to finalize the I3A agreement with respect to facilities constructed and agree on a method ofpayment for constructed and proposed facilitiesNOW THEREFORE IT IS MUTUALLY AGREED as follows In order to provide for the construction and operation of water supply facilities piping and meters for a water supply intertie and reservoir capacity all between Auburn and Algona the Participants mutually agree 1 Interlocal Agreement 3 I3Afor the Algona Intertie Project between the City of Algona and the City of Auburn dated August 19 1996 and adopted by City of Auburn Resolution No 2770 is hereby superceded by this Agreement 2 Algona shall convey to Auburn Aslgona City well and any and all associated water rights by Bill of Sale included as Exhibit F The well location is depicted on Exhibit A In addition Algona shall convey a Well Site Easement included as Exhibit G and Access Easement included as Exhibit H for the aforementioned well All costs for said conveyances will be included within the costs of projects planned under this Agreement In event of future well abandonment by Auburn any and all related easements shall be vacated by Auburn and Algona and others shall no longer be bound thereby 3 Algona shall have and implement a conservation program The conservation program shall at a minimum be consistent with Asuburn conservation program and include field testing for leak detection repair of leaks and public information actions equal to Asuburn public information actions Aslgona water conservation plan shall be included in the 2002 Algona Water System Plan 4 So long as it continues to purchase wholesale water from Auburn Algona shall continue to maintain and provide no less than the existing storage in its 0100 gallon reservoir in its westerly service area Alternately Algona may elect to increase participation by 0100 gallons within the future Auburn reservoir per Exhibit B herein or acquire storage otherwise such as from Lakehaven Utility District and terminate the continued operation of the existing reservoir in its westerly service area 5 Algona hereby grants Auburn the right to construct own operate maintain repair and replace Asuburn municipal water system including pipes fire hydrants valves meters and other appurtenances located within Algona rwoigahfyt as shown on Exhibit A in perpetuity per the terms and conditions herein 51 Auburn shall provide to Algona copies of available record drawings showing the location of Asuburn water system within Algona rwoigahfyt 25 Except for the normal operation of Asuburn water system Auburn shall notify Algona prior to any major waterline improvements or replacements which may interfere with or disrupt any other utilities aonrd passage of traffic within Algona Algona shall notify Auburn prior to any street or other utility improvement which may interfere or disrupt Asuburn water system 53 Auburn shall be responsible to pay for costs associated with improvements to Asuburn water water system including necessary street patches In the event that Algona constructs any street improvements on those rwoigahftys containing Asuburn water system Auburn shall be responsible to adjust all water system appurtenances to finish grade including lowering or raising said pipelines at conflict with Algona improvements 6 Algona agrees to financially participate in the supplemental supply development of a portion ofAsuburn Well 6 and Well 7 in accordance with Exhibit D 7 This Agreement shall include construction and operation of up to five individual master meter stations Three master meter stations including the one currently serving the Boeing Welded Duct Facility and two installed underI3A are as shown on Exhibit A The remaining two meter stations will be located and constructed at the discretion of Algona For adequate water distribution to be obtained it may also be necessary for Algona to construct additional piping and connections at its own expense 8 Algona agrees to transfer title to Auburn for any water lines between existing master meter stations and the existing Auburn mains Any piping between future master meter stations and Auburn mains will be similarly transferred by Algona to Auburn Title will be transferred with a bill of sale and the water pipe will be regulated under Paragraphs 5 and 13 of this Agreement 9 This Agreement shall include future construction of a reservoir by Auburn within the Lakeland Hills development area within Pierce County Washington The volume of the new reservoir is presently estimated to be approximately265 million gallons and this capacity is to be shared with Algona Financial participation is to be based on a capacity percentage basis by any and all municipalities sharing in the capacity whether the actual storage volume usage for any such municipality is directly derived from the reservoir or not Aslgona capacity shall be 01080gallons exclusive of the provision of Paragraph 4 of this Agreement 10 Algona projects the need for supply source in the following quantities Year Average Daily Demand mgd Maximum Daily Demand mgd 2004 0457 0945 2009 0491 1029 2014 0525 1114 11 Additional water supply may be available as mutually agreed to in writing by the Auburn City Council and the Algona City Council 12 Respective facility ownership capacity rights and responsibility for operation maintenance and renewal aonrd replacement rare as specifically described in Exhibit B Operational parameters shall be as specifically defined in Exhibit C 13 Distribution water pipelines within the city limits of a Participant shall be owned and the responsibility of that Participant with the exception of Auburn facilities specifically identified on Exhibit A and permitted by Paragraph 5 14 Retail customers whose property lies within the city limits of a Participant shall be the retail customers ofthat Participant 15 For Auburn facilities within Algona as specifically identified on Exhibit A Algona hereby grants afranchise toAuburn 16 Auburn shall design construct and maintain its facilities constructed under this Agreement in accordance with the design standards described in the 2001 Auburn Comprehensive Water Plan and the updates thereto 17 Both Participants shall exercise good faith and use best efforts in estimating project costs However the foregoing notwithstanding each Participant shall be responsible for and shall pay for one hundred percent 100 of its actual proportionate share of the project costs regardless of the estimate The project costs are estimated as shown in Exhibit D The Participants shall maintain individual cost records of their expenses for the project Auburn will maintain overall coordinated project cost records Algona has the right to review the design of each project in Exhibit D prior to the project being bid Auburn shall allow sufficient time in the project schedule for this review Should potential cost savings to the design be identified that are not in conflict with accepted industry design standards Algona and Auburn shall work in good faith and cooperatively to incorporate the potential cost savings into the final design 18 The Participants shall fully finance and pay for their proportionate share of cost as shown in Exhibit D Algona shall deposit funds with Auburn to perform the project work for the proposed facilities in accordance with the schedule shown in Exhibit E As future actual costs of projects in Exhibit D are determined Auburn will notify Algona of such updates and the authorized representatives will execute an update to Exhibit D which will supercede all prior dated versions of Exhibit D 19 Auburn has prepared a cost of service study to determine the cost of service to its customers A customer classification for wAhlgoloesnaale has been created and rates for service charges are based on a rate study for this customer classification Auburn will regularly update the cost of service analysis Wholesale water rates to Algona will be based on costs of providing the service 20 For purposes of this Agreement each Participant identifies its authorized representative as the Mayor of Algona and as the City Engineer of Auburn 21 The Participants shall meet as needed for project coordination 22 The Participants shall be responsible for design construction management and commissioning of all facilities to be constructed in accordance with ownership of the facility Responsibilities may be assigned otherwise by agreement of the Participants authorized representatives 23 It is acknowledged and agreed that in the event Auburn experiences any system failure or decreased capacity for any reason the supply to Algona may be curtailed to an equal percentage ofuse as Asuburn curtailment is implemented Such curtailment shall be imposed by Algona on Algona retail customers immediately and simultaneously as such curtailment is imposed by Auburn on Auburn retail customers 24 It is the intent of Auburn to provide the water described in Paragraph 10 whenever it is available subject to the limitations described in Paragraph 23 Auburn shall use reasonable diligence and best efforts to provide immediate notice in the event it becomes aware that it may not be able to fulfill the requirements ofParagraph 10 for any reason 25 Aubum possesses the tsehromrt approximately five 5 years capacity to meet the storage requirements for Algona tLeornmg storage requirements for Algona shall be met by Algona financial participation within the next increment of storage to be constructed by Auburn Aslgona minimum financial participation shall provide for construction of storage volume capacity of 01080 gallons inclusive of standby equalization and fire protection volume storage Such 01080 gallon capacity is in addition to Aslgona existing 0100 gallon reservoir storage in its westerly service area 26 Aslgona water supply needs above the 5025 mgd average daily demand and the 1114 mgd maximum daily demand both identified in Paragraph 10 will be dependent upon negotiation of an amendment to this Agreement 27 This Agreement shall remain in full force unless terminated by mutual agreement of the Participants 28 This Agreement may be amended only in writing by approval signed by the Participants 29 The authorized representatives shall have authority to update Exhibits attached hereto The Exhibits shall be updated aonrdrevised only upon written agreement signed by the Participants authorized representatives Updates must be ratified by each Psarticipant City Council 30 Algona agrees to indemnify defend and hold harmless Auburn its officers directors employees and agents and their successors and assigns from any and all costs or claims arising out of or in any way resulting from Aslgona default failure of performance or negligent conduct associated with this Agreement It is further agreed that Auburn shall provide water to Algona consistent with its provision of water to all of its retail water customers and the failure of the Auburn water system to deliver flow to Algona in whole or in part as described in this Agreement so long as Auburn is providing water to Algona consistent with its provision of water to the rest of its retail water customers and consistent herewith shall not give rise to an action against Auburn and Algona agrees to indemnify defend and hold hsarmsle Auburn its officers directors employees and agents and their successors and assigns from any and all costs or claims arising out of or in any way resulting from any such failure of the Auburn water system to deliver flow to Algona in whole or in part This indemnification provision shall include but is not limited to all claims against Auburn by an employee or former employee of Algona or their contractors and as to such claims Algona expressly waives all immunity and limitation of liability under Title 51 RCW Auburn agrees to indemnify defend and hold harmless Algona their officers directors employees and agents and their successors and assigns from any and all costs or claims arising out of or in any way resulting from Asubum default or negligent conduct associated with this Agreement This indemnification provision shall include but is not limited to all claims against Algona by an employee or former employee of Auburn or its contractors and as to such claims Auburn expressly waives all immunity and limitation ofliability under Title 51 RCW 31 The parties shall make good faith efforts to resolve by informal discussion any dispute arising under or in connection with this Agreement If at any time either party to this Agreement determines that such informal discussions will not result in aresolution ofthe dispute such party may request formal discussion by both parties If formal discussion by the parties does not resolve the dispute a settlement conference shall be held within thirty 30 days of the unsuccessful resolution meeting The settlement conference will be held at the Seattle office of Judicial Arbitration and Mediation Services Inc JAMS The complaining party must contact JAMS to schedule the conference The parties may agree on a retired judge from the JAMS panel If they are unable to agree JAMS will provide a list of three available judges and each party may strike one The remaining judge will serve as the mediator at the settlement conference 32 If any provision of this Agreement is invalid or unenforceable the remaining provisions shall remain in force and effect IN WITNESS WHEREOF the Participants hereto have caused this Agreement to be executed by their proper Officers on the date shown below Cityof By Its Mayor Attest by Approved as to Form City of Algona 012012 By Its Date Attest by v Approved as toForm by s NORMALLY CLO 10th 8 MET 10th AVE 3TING I00000 RESERV 6th AVE N EMERGENCY INTERTIi CONSTRUCTED JULY 4 METER WELL ib AND AUBURN ELLINGSON D Jl EXISTJNG METER FUTURE METER VE AUBURN CITY LIMITS QUADRANT WATE ALGON ALGONA WATE 1ST RESERVOIR PIERCE OU EXHIBIT A FACILITIES LAYOUT PLAN IA 3A ALGONA INTERTIE PROgECT SCALE1800 Update Approval 1 Auburn Algona 2 Auburn Algona 3 Auburn Algona Exhibit A Facilities Layout Plan WATER SYSTEM INTERTIE AGREEMENT AAulgbounran Intertie Agreement No 3A continued Dated Dated Dated Dated Dated Dated Exhibit B Facility Ownership Capacity Rights Operation Maintenance and Renewal and Replacement Responsibilities to WATER SYSTEM INTERTIE AGREEMENT AAulgbounran Intertie Agreement No 3A Operation Facility Location Facility Capacity Maintenance Ownership Rights RReeplnaceewmeantl Responsibility Meter Station 1 200 easterly of the Auburn 100 Algona Auburn existing for Boeing Intersection of 1st Avenue Noah and Perimeter Road Meter Station2 Intersection of Auburn 100 Algona Auburn existing Milwaukee Avenue and Boundary Boulevard Meter Station 3 Intersection ofIndustry Auburn 100 Algona Auburn existing Drive North and Boundary Boulevard Meter Station 4 Presently unknown but Auburn 100 Algona Auburn future probably near intersection ofWest Valley Highway and Boundary Boulevard extended Meter Station 5 Presently unknown but Auburn 100 Algona Auburn future probably near intersection of UP RR and 1 st Avenue Noah Algona Well I50 northwesterly Auburn 100 Auburn existing of intersection of Auburn Washington Boulevard and 3rd Ave South Lakeland Hills Lakeland Hills Pierce Auburn 01080 Auburn Reservoir future County gallons Algona remainder Auburn Supply Qi Well6Fulmer Field Auburn 0110104 Auburn existing Well7 City Park gpd Algona supplemental remainder water rights Auburn 9 Exhibit B Facility Ownership Capacity Rights Operation Maintenance and Renewal and Replacement Responsibilities to WATER SYSTEM INTERTIE AGREEMENT AAulgbounranIntertie Agreement No 3A continued Update Approval 1 Auburn Algona 2 Auburn Algona Dated Dated Dated Dated lO Exhibit C Project Criteria to WATER SYSTEM INTERTIE AGREEMENT AAulgbounran Intertie Agreement No 3A Project Criteria Meter Stations to be sized on flow volume criteria as opposed to line size Maximum Qi daily demand flow is1114 million gallons per day for total ofall meter stations supply to Algona except in case of fire or emergency Maximum annual Qa average daily demand flow is0525 million gallons per day for total of all meter stations supply to Algona Each meter station shall be calibrated annually for the first three years of operations and thereafter at the discretion of Auburn Reservoir capacity for Algona is 01080 gallons of the estimated 625mg total capacity in the proposed Lakeland Hills Reservoir Total of all meter stations supply to Algona necessary for peak hourly flow and fire flow shall be determined by Algona and such data provided to Auburn for meter station design aonrdstation design review Update Approval 1 Auburn Dated Algona Dated 2 Auburn Dated Algona Dated 11 Exhibit D Project Cost Estimate to WATER SYSTEM INTERTIE AGREEMENT AAulgbounran Intertie Agreement No 3A Incurred Costs I3A To Date Description Estimated Cost Expenditures to Date Auburn Algona METER STATIONS includes allied costs 2inch @Boeing NA NA NA NA i8nch @Industry Drive 72450 77263 73517 94646 i8nch @Milwaukee 72450 77263 73517 94646 i8nch Future 62080 NA 0 100 i8nch Future 43610 NA 0 100 Subtotal Meter Stations 151401 144536 56134 98392 SUPPLY FACILITIES Well 6 051057 591904 96963 Well 7 0325807 2822359 12251 Subtotal Supply Facilities 5710807 4534547 2332436 2148 PRELIMINARY COSTS Algona WWaetelrlRights 0500 0500 0500 0 Conveyance Algona Water Rights AN NA 03000 03000 Well Easements 2000 2000 2000 0 SKCRWA JOA Development 5800 5800 0 5800 CROatSeStudy 6127 6127 0 6127 Subtotal Preliminary Costs 41247 41247 03070 52723 COSTS TO DATE NA 4631302 3832567 257835 PAYMENTS TO DATE AN AN 3832567 3805O BALANCE OWING AN AN 0 20703 STORAGE FACILITIES Lakeland Hills Res 07200 AN 052020 01080 Subtotal Storage Facilities 07200 NA 052020 01080 Estimated Total PROJECT COST 4641637 3461302 854567 456735 Update Approval 1 Auburn Dated Algona Dated 2 Auburn Dated Algona Dated 12 Activity Exhibit E Project Schedule to WATER SYSTEM INTERTIE AGREEMENT AAulgbounranIntertie Agreement No 3A Date Execute Interlocal Agreement 3 Complete master meter stations design for initial two stations Algona to provide well water rights and easements conveyance to Auburn Award master meter stations construction contract Complete construction of master meter stations 42and 3 Final master meter stations and conveyance project cost accounting Interim payment of38050from Algona Final Auburn Wells 6 and 7 cost accounting Execute Inteflocal Agreement3A Future construction ofmaster meter stations 4 and 5 Algona to provide 20703to Auburn for partial payment ofcost incurred to date Algona to provide01080toAuburn for partial payment for future Reservoir Final project cost accounting Final IA 3Abalancing payment from Algona Completed Completed November 2002 Completed Completed Completed Completed Completed November 2002 To be determined 31 March 2003 Due at Construction Contract Award 31 March 2008 30 April 2008 2008 13 ExhibitE Project Schedule to WATER SYSTEM INTERTIE AGREEMENT AAulgbounranIntertie Agreement No 3A Update Approval 1 Auburn Algona 2 Auburn Algona Dated Dated Dated Dated 14 Exhibit F Bill ofSale for Aslgona Well to WATER SYSTEM INTERTIE AGREEMENT AAulgbounranIntertie Agreement No 3A follows eturn Address City of Auburn City Clerk 25 West Main Auburn WA 98001 Above this line reserved for recording information Reference if applicable BGorraronwtoerr BILL OF SALE NA1 City of Algona BAGesrnsaeignficntieaereey Legal DSesTcripRtion Asssessor Tax Parcel IDg City of Auburn NW SW142254IE 049350750 Additional on page 2Additional on page Additional on page KNOWALL MEN BYPTRHESEESNTES that for and in consideration of the sum of ONED01OL0LAR and for the consideration ofincorporating the facilities into the City system and other good and sufficient consideration receipt whereof is hereby acknowledged the undersigned Grantor City of Algona a Municipal Corporation in King County Washington do by these presents hereby convey setover assign transfer and warrant to the City of Auburn a Municipal Corporation in King County Washington a well and waterworks supplying water for public use the associated ground water right EXHIBITACertificate Number 2G2769IC and all appurtenances or any other associated public facility generally consisting of a ten 10 inch casing to approximately 65 feet obweground surface Situated within the following described real property See EXHIBIT B ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF and the said Gsrantor hereby wsarrant that they are the sole oswner ofall the property above conveYed that they have full power to convey the same and that they will defend the title ofthe said Grantee against any and all persons lawfully making claim thereto and indemnify the City of Auburn for any costs including Attorney fees in defending tide Bill ofSale Page I of2 day of IN WITNESS wHEREOF the Gsrantor hhaavse executed these presents this 2002 City ofAlgona GRANTOR GLENN WILSON MAYOR STATE OF WASHINGTONSS County of King I certify that I know or have satisfactory evidence that is the person who appeared before me and said person acknowledged that shheesigned this instrument on oath stated that shheewas authorized to execute the instrument and acknowledged it as the of a Municipal Corporation to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument Dated Notary Public in and for the State of Washington residing at My appointment expires File41 REFFFHOCR0M89SR041 Bill ofSale Page 2 of 2 trde Street AI atksohJnn 98002 ricilto t d iiitlri ilirdbr Ih pnrl tlllof1alld IIwidridtl toIJr o id PUBLIC WATEREE APPROPRIATED Iv contJnuousZ LOCAIION OF DWIITVHEDRRSAIWOANL 400 feet east and 1200 feet south froe stqrter coornfer Sec 25 RECORDED PLATED pROPERT7 Aea serred by it of lgo 7to right to the useofthe tervforeid herein confirmed itetricte to theland orpce dberaeapt lpdemdbt RC900900and094200 041Given under thy iand attd thenltoh orce at iaIoshfhlthB o 0g I Departmen of Ecology tho E OIBBRT K llIcal Regional lqanagor FOIl COUNTY USE ONLY ilArl Iii iR4aAiII DITEPEARTOF ECOLOGY PROOF OF APPROPRIATION OF WATER s7rLrStreet rAor A qrP LEGAL DESCRIPTIOH OF PROPERTT OH WHICHWTER e3te ZOC LOt BPLa Vol lO e16 tontt or tcrieLrJty cr Aleom at1sohJrr iCopeUfsCocnr tyUnJts Al hnt UoFFecti F3 25 26 a35 FZ3nG at trhthecgner oFoeouthmmrterorctlon 2T3 nnorth ntrcCJon vRhehtynorthrhet7 Rohtet ehaeer 3y Jdeasterlyre tn or6Abnm Sauth to LanLernaect lm wRh thood Exhibit G Well Site Easement to WATER SYSTEM INTERTIE AGREEMENT AlgonaJAuburn Intertie Agreement No 3A follows 16 ARdedtruesrsr City ofAuburn City Clerk 25 WestMain Auburn WA 98001 Above this line reserved for recording information EASEMENT Well Site Easement Reference if applicable BGorraronwtoerr BAGesrnsaeignficntieaereey Legal DSesTcripRtion Asssessor Tax Parcel IDS NACity ofAlgona City of Auburn NW S4WI42E15 9055437000 Additional on page 2Additional on page Additional on page For and in consideration of the sum of one dollar100and other good and valuable consideration in handpaid receipt of which is hereby acknowledged and for benefits to be derived by the Grantor herein Grantor City of Algona a municipal corporation of King County Washington hereby conveys and warrants to the City ofAuburn Grantee herein a municipal corporation of King County Washington its successors and assigns a perpetual Nuosnivexec Easement under over through and across the following described real property for the purpose of operating maintaining installing and decommissioning a well and waterworks supplying water for public use AND APPURTENANCES THEREOF said real property being described as followsSEE EXHIBITS AANDBATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF This easement is given under the threat of and in lieu of Eminent Domain Said Grantee shall have the absolute right at times as may be necessary for immediate entry upon said Easement for the purpose of maintenance inspection construction repair reconstruction or decommissioning of the above improvements without incurring any legal obligation or liability therefore Said Grantee shall have the absolute fight to place any type of driving surface within said Easement deemed necessary by the Grantee EASEMENT Page I of4 Said Grantor shall not in any way block restrict or impede access and egress to or from said Easement aonrd in any way block restrict or impede full use of the real property within the daebscoribveed Easement by said Grantee for the daebscoribveed purposes Said Grantor may fence across said Easement aonrd along the boundaries of said Easement provided that a gate is constructed in said fence Said gate shall be of sufficient length and location to allow the Grantee full use of and access and egress to and from the real property within the daebscoribveed Easement If said gate is to be locked keys shall be provided to the Grantee This Easement shall be a covenant running with the daebscoribveed real property and burden said real estate and shall be binding on the successors heirs and assigns of all parties hereto Dated this day of 2002 City ofAlgona GRANTOR GLENN WILSON MAYOR STATE OF WASHINGTON County ofKing I certify that I know or have satisfactory evidence that and iasre the pserson who appeared before me and said isndividual acknowledged that tshhheeeysigned this instrument and acknowledged it to bethhheeisirrfree and voluntary act for the uses and purposes mentioned in this instrument Dated Notary Public in and for the state ofWashington residing at My appointment expires REFHFORMSkFC087498 EASEMENT Page 2 of4 EXHIBIT A ALGONA WATER WELL EASEMENT 3RD AVENUE SOUTH AND WASHINGTON BOULEVARD THAT PORTION OF LOTS 23 AND 24 AND 25 AND 26 AND 27 AND 28 AND 29 AND 30 ALL IN BLOCK 4 OF WSOODALGONA ADDITION DIVISION NUMBER 1 TO THE CITY OF SEATTLE AS RECORDED IN VOLUME 19 OF PLATS PAGE 36 RECORDS OF KING COUNTY WASHINGTON DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 30 THENCE N013OR15THEAST ALONG THE WEST BOUNDARY OF SAID LOT 30 A DISTANCE OF 123 FEET THENCE SOUTH24858 EAST 4529 FEET TO THE TRUE POINT OF BEGINNING THENCE NORTH01315 EAST 10000 FEET THENCE SOUTH24858 EAST 10000 FEET THENCE SOUTH01315wEST 080FEET THENCE SOUTH24858 EAST 117 FEET MORE OR LESS TO THE WEST MARGIN OF WASHINGTON BOULEVARD THENCE SOUTHERLY 020 FEET MORE OR LESS ALONG SAID WEST MARGIN OF WASHINGTON BOULEVARD TO A POINT WHICH BEARS SOUTH24858 EAST FROM SAID TRUE POINT OF BEGINNING THENCE NORTH24858 WEST 217 FEET MORE OR LESS TO SAID TRUE POINT OF BEGINNING SITUATE IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25 TOWNSHIP 21 NORTH RANGE 4 EAST W M EASEMENT Page 3 of4 EXHIBITB EASEMENT Page 4 of 4 Exhibit H Access Easement to WATER SYSTEM INTERTIE AGREEMENT AigonaJAuburn Intertie Agreement No 3A follows 17 Reiurn Address City ofAuburn City Clerk 25 West Main Auburn WA 98001 Above this line reserved for recordin information EASEMENT Access Easement Reference if applicable BGorraronwtoerr BAGesrnsaeignficntieaereey Legal DSesTcripRtion Asssessor Tax ParcelIgI NAlCity ofAlgona City ofAuburn NW S4W142E15 9055437000 Additional on page 2Additional on page Additional on page For and in consideration of the sum of one dollar100and other good and valuable consideration in hand paid receipt of which is hereby acknowledged and for benefits to be derived by the Grantor herein Grantor City of Algona a municipal corporation of King County Washington hereby conveys and warrants to the City of Auburn Grantee herein a municipal corporation ofKing County Washington its successors and assigns a perpetual Nonexclusive Easement under over through and across the following described real property for the purpose ofingress and egress said real property being described as follows sEE 3EIXTHSI AANDBATTACHED HERETO ANDBY THIS REFERENCE REFERENCE MADE A PART HEREOF This easement is given under the threat of and in lieu ofEminent Domain Said Grantee shall have the absolute right at times as may be necessary for immediate entry upon said Easement for the purpose of maintenance inspection construcuon repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore Said Grantee shall have the absolute right to place any type of driving surface within said Easement deemed necessary by the Grantee Said Grantor shall not in any way block restrict or impede access and egress tO or from said Easement aonrdin any way block restrict or impede full use ofthe real property within the EASEMENT Page 1 of4 daebscoribveed Easement by said Grantee for the daebscOribveed purposes Said Grantor may fence across said Easement aonrd along the boundaries of said Easement provided that a gate is constructed in said fence Said gate shall be of sufficient length and location to allow the Grantee full use of and access and egress to and from the real property within the daebscorivbeed Easement If said gate is to be locked keys shall be provided to the Grantee This Easement shall be a covenant running with the daebscorivbeed real property and burden said real estate and shall be binding on the successors heirs and assigns of all parties hereto Dated this day of 2002 City ofAlgona GRANTOR GLENN WILSON MAYOR STATE OF WASHINGTON County of King I certify that I know or have satisfactory evidence that and iasre the pserson who appeared before me and said isndividual acknowledged that tshhheeeysigned this instrument and acknowledged it to bethhheeisirrfree and voluntary act for the uses and purposes mentioned in this instrument instrument Dated Notary Public in and for the State ofWashington residing at My appointment expires REFkFHFCO0R8M7S948 EASEMENT Page 2 of4 EXHIBITA ALGONA WATER WELL EASEMENT 3RD AVENUE SOUTH AND WASHINGTON BOULEVARD THAT PORTION OF LOTS 23 AND 24 AND 25 AND 26 AND 27AND 28 AND 29 AND 30 ALL IN BLOCK 4 OF WSOOD ALGONA ADDITION DIVISION NUMBER 1 TO THE CITY OF SEATTLE AS RECORDED IN VOLUME 19 OF PLATS PAGE 36 RECORDS OF KING COUNTY WASHINGTON DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNERSOAIFD LOT 30 THENCE NORTH 01 3115 EAST ALONG THE WEST BOUNDARY OF SAID LOT 30 A DISTANCE OF 123 FEET THENCE SOUTH24858 EAST 4529 FEET TO THE TRUE POINT OF BEGINNING THENCE NORTH031 15 EAST 10000 FEET THENCE SOUTH24858EAST 10000 FEET THENCE SOUTH W013E15ST 080FEET THENCE SOUTH 8480528 EAST 117 FEET MORE OR LESS TO THE WEST MARGIN OF WASHINGTON BOULEVARD THENCE SOUTHERLY 020 FEET MORE OR LESS ALONG SAID WEST MARGIN OF WASHINGTON BOULEVARD TO A POINT wHICH BEARS SOUTH24858 EAST FROM SAID TRUE POINT OF BEGINNING THENCE NORTH24858 WEST 217 FEET MORE OR LESS TO SAID TRUE POINT OF BEGINNING SITUATE IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25 TOWNSHIP 21 NORTH RANGE 4 EAST W M EASEMENT Page 3 of4 EXHIBITB EASEME1WF Page 4 of4 RESOLUTION NO 3 6 1 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR TO EXECUTE AN EMERGENCY WATER SYSTEM INTERTIE AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTYWATER DISTRICT NO 111 WHEREAS Auburn and King County Water District No 111 have legal authority to exercise their powers and perform any of their functions as set forth in RCW 349the Interlocal Cooperation Act and WHEREAS pursuant to RCW 349 Auburn and King County Water District No 111 have legal authority to cooperate with other localities on the basis of mutual advantage and provision of services and WHEREAS the City of Auburn and King County Water District No 111 currently have water facilities in the vicinity and WHEREAS both agencies can increase fire protection and emergency water supply reliability for their customers and WHEREAS both agencies are willing to provide the necessary services to increase fire fighting and emergency supply reliability upon the terms and conditions set forth in the Emergency Water System Intertie Agreement NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON HEREBY RESOLVES as follows Resolution No 3614 2M0ay0134 Page 1 Section 1 Pursuant to RCW349 the Interlocal Cooperation Act Auburn and King County Water District No 111 have legal authority to cooperate with other localities on the basis of mutual advantage and provision of services Section 2 The Mayor is hereby authorized to execute an Emergency Water System Intertie Agreement between the City and King County Water District No 111 in the form substantially as the agreement attached hereto marked as Exhibit A and incorporated herein by this reference Section 3 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Section 4 That this Resolution shall take effect and be in full force upon passage and signatures hereon Resolution No 3614 May 14 2003 Page 2 DATED this day of rccct 2003CITY OF AUBURN ATTEST lTdIEEIB LEWI MAYOR Dahielle E Daskam City Clerk APPROVED AS TO FORM 1Heid City Attorney Resolution No 3614 May 14 2003 Page 3 EXHIBIT A EMERGENCY WATER SYSTEM INTERTIE AGREEMENT Water District No A1u1bu1rn Intertie Agreement No 1 THIS AGREEMENT made and entered into by and between the City of Auburn hereinafter referred to as Auburn and the Water District No 111 hereinafter referred to as the District for the purposes of maintaining and operating emergency system interties between the respective parties WlTNESSETH WHEREAS Auburn and the District executed an interlocal agreement regarding the Duberry Hill Development Project on July 17 2000 and WHEREAS SectionIb of that agreement states that a new interlocal agreement shall be adopted for the operation of the emergency interties established under that agreement and WHEREAS both Auburn and the District have water facilities in the vicinity and WHEREAS the District can increase fire protection and emergency water supply reliability for their customers in the Duberry Hill development and WHEREAS Auburn can increase fire protection and emergency water supply reliability for their customers in the vicinity of the Duberry Hill development when the District connects the development to the District water system and WHEREAS Auburn and the District are willing to provide the necessary services to increase fire fighting and emergency supply reliability upon the terms and conditions set forth herein NOW THEREFORE IT IS MUTUALLY AGREED as follows Interlocal Agreement regarding the Duberry Hill Development Project between the City of Auburn and Water District No 111 dated July 17 2000 and adopted by City of Auburn Resolution No 3237 is hereby superceded by this Agreement The emergency water system interties are to be operated manually as a emergency supply whereby Auburn can supply water to the Duberry Hill development for the District and the District can provide water to the Aubum system once the District connects ist system to the Duberry Hill development There are two intertie facilities which are located near the intersection of 124th Avenue SE and SE 300th and the intersection of 127th Place SE and SE 300th at the Water Service Area Boundary between Auburn and the District Page 1 of 4 Exhibit A Resolution No 3614 The emergency water system interties shall be closed during nOrmal operating conditions and will be opened only with prior authorization by Aubum or the District in the event of an emergency For purposes of this agreement an emergency shall be defined as rfersoultming Waater shortage not to exceed seven 7 calendar days a major water line break fire demand contamination to the water supply system mechanical equipment failure electrical equipment failure or Puget Sound Energy facility failure or any other agreed upon emergency within the water supply system The two valves that constitute the emergency water system interties and all piping leading up to the valves from the Auburn distribution system shall be owned and maintained by Auburn All piping leading up to the valves from the District distribution system shall be owned and operated by the District The procedure for operating the intertie in the event of such emergency shall be as follows Auburn or the District shall determine that an emergency of sufficient magnitude has occurred which warrants the need to request that the intertie be activated B Authorized personnel shall provide a verbal request to the system that will be supplying the water Upon agreement that an emergency exists which shall allow for the intertie to be opened the intertie will be activated as soon as reasonably possible Personnel from Auburn and the District shall be present to activate the vsalve The party requesting emergency water shall provide a written confirmation of the request not less than 24 hours after the verbal roequerst on the first day of normal business after the verbal request The intertie shall remain activated until the party requesting emergency water determines that the need for activation of the emergency intertie has ceased and shall request in writing that the intertie be closed In case of emergency or whenever the public health safety or the equitable distribution of water so demands either party may change reduce or limit the time for or temporarily discontinue the supply of water without notice water service may be temporarily Page 2 of 4 interrupted limited for purposes of making repairs extensions or doing other necessary work and shall not be responsible for any damage resulting from interruption change or failure of the water supply and the receiving party shall save and hold harmless the providing party from any loss damages or suits to or by customers of the receiving party resulting from interruption change or failure of water supply provided by this Agreement except damages arising out of the providing psarty negligence Prior to a planned interruption or limiting of service the providing party will notify the receiving party of such not less than three days prior to the service disruption The providing party agrees to use best efforts and reasonable diligence to notify the receiving party as soon after it becomes aware of the need for service disruption and further will to the extent practical limit the service disruption to daylight hours To the extent allowed by law the District shall defend indemnify and hold harmless Auburn its elected officials employees and agents from and against any and all suits claims actions losses costs expenses of litigation asttorney fees penalties and damages of whatsoever kind or nature arising out of or in connection with or incident to an act or omission of the District its employees agents and contractors in the performance of the Dsistrict obligations under this Agreement This indemnification provision shall include but is not limited to all claims against Auburn by an employee or former employee of the District or its contractors and as to such claims the District expressly waives all immunity and limitation of liability under Title 51 RCW To the extent allowed by law Auburn shall defend indemnify and hold harmless the District its elected officials employees and agents from and against any and all suits claims actions losses costs expenses of litigation asttorney fees penalties and damages or whatsoever kind or nature arising our of in connection with or incident to an act or omission of Auburn its its employees agents and contractors in the performance of Asubum obligations under this Agreement This indemnification obligation shall include but is not limited to all claims against the District by an employee or former employee of Auburn or its contractors and as to such claims Auburn expressly waives all immunity and limitation of liability under Title 51 RCW This Agreement shall remain in force until terminated by either party hereto upon d6a0ys written notice to the other party Page 3of 4 IN WITNESS WHEREOF we have hereunto set our hands and seals CITY OF AUBURN King County Washington Mayor Date WATER DISTRICT NO 111 King County Washington CitynAOetryt Da By Approved as to form General Counsel Date WHQWATERIDUWNUTTDBEIELR1RTIT1IREY1YSEIA 051403DOC Page 4 of 4 RESOLUTION NO 3 6 3 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON SUPERCEDING RESOLUTION NO 3543 AND AUTHORIZING THE MAYOR TO EXECUTE A TURNOUT CONSTRUCTION AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF TACOMA WATER DIVISION WHEREAS Auburn and Tacoma are responsible for operating and maintaining public water systems in accordance with federal state and local laws and regulations and WHEREAS the parties recognize that water resources are finite and vulnerable and the prudent use and management of these resources requires cooperation among water utilities and WHEREAS Auburn and Tacoma entered into a Turnout Construction Agreement authorized by City of Auburn Resolution No 3543 dated November 18 2002 for the construction of one turnout and WHEREAS Auburn and Tacoma have determined that it would be beneficial to construct two additional turnouts and WHEREAS Auburn has water facilities in the vicinity of the Tacoma Second Supply Project pipeline and Auburn will have an agreement with with one or more SSP Partner to purchase water that will be delivered via the SSP and Resolution No 3637 August 28 2003 Page 1 pursuant to this agreement construction of the turnout to the SSP is set forth which turnout will be used for delivering and metering the purchased water and WHEREAS this agreement will supercede the Turnout Construction Agreement authorized by City of Auburn Resolution No 3543 dated November 18 2002 NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON HEREBY RESOLVES as follows Section 1 This resolution shall supercede Resolution No 3543 and authorizes the Mayor to execute the Turnout Construction Agreement between the City and the City of Tacoma Water Division in substantial conformity with the agreement attached hereto marked as Exhibit A and incorporated herein by this reference Section 2 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Section 3 That this Resolution shall take effect and be in full force upon passage and signatures hereon Resolution No 3637 August 28 2003 Page 2 Dated and Signed this ATTEST day offS003 CITY OF AUBURN PETER B LEWIS MAYOR iDealle E Daskam City Clerk APPROVED AS TO FORM City Attorney Resolution No 3637 August 28 2003 Page 3 TURNOUT CONSTRUCTIONAGREEMENT BETWEEN TACOMA WATER AND CITY OF AUBURN This agreement made and entered into this q day ofc 2003 by and between the City ofAuburn hereinafter referred to as Auburn and City ofTacoma Water Division dba Tacoma Water and hereinafter referred to as Tacoma WITNESSETH THAT A RECITALS WHEREAS Auburn and Tacoma are responsible for operating and maintaining public water systems in accordance with federal state and local laws and regulations and WHEREAS the parties recognize that water resources are finite and vulnerable and the prudent use and management ofthese resources requires cooperation among water utilities and WHEREAS Auburn and Tacoma have previously entered into aTurnout Construction Agreement authorized by City ofAuburn ResolutionNo 3543 dated November 18 2002 for the construction ofone turnout and WHEREAS Auburn and Tacoma have determined that it would be beneficial to construct two additional turnouts and WHEREAS Auburn has water facilities in the vicinity ofthe Tacoma Second Supply Project SSP pipeline and Auburn will have an agreement with one or more SSP Partner to purchase water that will be delivered via the SSP and pursuant to this agreement construction ofthe turnout to the SSP is set forth which turnout will be used for delivering and metering the purchased water NOWTHEREFORE IT IS MUTUALLY AGREED as follows Bo The Turnout Construction Agreement between Tacoma Water and City ofAuburn dated November 8 2002 and adopted by City ofAuburn Resolution 3543 dated November 18 2002 is hereby superceded by this Agreement C DEFINITIONS The definition ofcertain terms when used in this agreement are as follows TURNOUT means aphysical connection between water mains ofthe two parties to this agreement at specifically identified points where water may be transferred Exhibit1 Auburn Resolution No 7 1 from the supplies ofone system to the transmission or distribution facilities ofthe other ISOLATION VALVE means apositive osffhvaulvetthat shall be installed immediately downstream ofthe water meter vault at the point in each water system that is used to accept or deliver water through the turnout The isolation valve is defined as part ofthe system connected to the turnout and not part ofthe turnout Each connected system has sole responsibility for providing and operating their isolation valve TURNOUT CAPACITY means the maximum flow capacity for water to be delivered through a turnout as agreed upon bythe parties to this agreement Turnout facilities shall be designed so as to be capable ofconveying no less than the maximum agreed upon flow SSP means the Second Supply Project to bring water to the SSP Partners SSP ISOLATION VALVEmeans apositive sohfuft valve that shall be installed at the point in each water system that is used to accept or deliver water through the turnout The SSP isolation valve is defined defined as part ofthe system connected to the turnout upstream ofthe meter vault Each connected system has sole responsibility for providing the SSP isolation valve Tacoma will be responsible for operating the SSP isolation valve SSP PARTNERS refers to the City ofKent Tacoma Water Covington Water District and Lakehaven UtilityDistrict PURCHASE OF WATER FORTHIS TURNOUT The purchase ofwater to be delivered via this subject turnout shall be by a separate agreement with one or more ofthe SSP Partners and Auburn This Turnout Construction Agreement does not guarantee any rights to use or purchase water from any ofthe SSP Partners Tacoma will only allow Auburn its successors and assigns to obtain water via the subject turnout after the applicable SSP partner has advised Tacoma in writing that an acceptable agreement for water purchase has been executed In delivering water via the subject tumouts Tacoma will be relying on directions aonrd confirmation from the SSP partner as to the timing and quantities ofwater deliveries and all other aspects ofproviding water via the subject turnouts In the event ofadisagreement between Auburn and the applicable SSP Partner pertaining to entitlement to continued water deliveryvia the subject turnouts Tacoma is entitled to rely on the written directions or instructions ofthe SSP partner Therefore Auburn agrees that it shall not file any claim or legal action against Tacoma when Tsacoma actions are consistent with the written directions or instructions from the applicable SSP partner from which Auburn has contractual arrangements to purchase water Exhibit1 2 Auburn Resolution No E CONDITIONS The TURNOUTS described in Exhibits ABlB2andB3attached to this agreement shall be governed by the terms of this agreement No future TURNOUTS shall be permissible without a subsequent and separate written agreement between the parties The cost ofdesign and construction ofthe TURNOUTS and installation of the meters shall be the responsibility ofAuburn and the design and construction shall be subject to Tsacoma review inspection and approval o By this agreement Auburn agrees that the ownership ofthe SSP ISOLATION VALVES directly offofthe SSP Project piping from the SSP ISOLATION VALVES to the meters or spools the meters or spools meter vaults pipe stubs out from the vaults and telemetry shall be with Tacoma see Exhibit A for more information with all capital costs tobe paid by Auburn Maintenance and operation ofthe SSP ISOLATION VALVES piping and meters will be performed solely by Tacoma and Aubum will be invoiced for such costs and shall reimburse Tacoma Meter vault maintenance costs and any cost for maintaining any equipment such as pumps buildings and other appurtenances downstream ofthe meter shall also be the responsibilityofAuburn In addition in the event any ofthe facilities require replacement or upgrading this cost is Asuburn responsibility In the event that access or other permits are necessary for Tacoma to operate and maintain the subject facilities Auburn shall provide the necessary permits which shall also become an exhibit to this agreement See Exhibit A for aplan showing the facilities and the responsibility of the parties Upon completion ofthe construction ofthe Tumouts Tacoma will own the meters and associated appurtenances necessary to monitor use ofthe turnouts Se Auburn shall comply with all applicable laws and requirements including City ofTacoma roerdsoinluantiocenss and Customer Service Policies aonrdother rules applicable to aconnection to Tsacoma water system including but not limited to the requirements that Tacoma provide written approval ofplans and specifications for the connection ofturnout facilities prior to construction o Auburn agrees that it shall make payment ofall invoices for services and charges from Tacoma within 45 days ofthe invoice date Late payment shall result in alate payment charge of1on the unpaid balance and failure to pay any invoice or bill related to this agreement within 60 days ofmailing may result in Tsacomatermination ofwater service at the turnout Exhibit1 Auburn Resolution No 3 Notices should be sent to Auburn and to Tacoma at the following addresses Water Superintendent Tacoma Water P O Box 11007 Tacoma WA 98411 o 10 11 Public Works Director City ofAuburn 25 West Main Auburn WA948909081 Neither this Agreement nor any right or privilege herein shall be assigned by any party without the written consent ofthe other parties Uncontrollable forces or state or federal law changes may occur during the time this Agreement is in place Neither ofthe parties hereto shall be considered to be in default in respect to any obligations hereunder if prevented from fulfilling such obligations by reason or uncontrollable forces or material changes in state or federal law or enforcement thereof Parties rendered unable to fulfill any obligation hereunder by reason ofan uncontrollable force ormaterial change in state or federal law shall exercise due diligence to deal with such uncontrollable force with all reasonable dispatch and to take actions consistent with the purpose ofthis agreement This Agreement describes the entire relationship ofthe parties with regard to the subject matter herein concerned Except as maybe explicitly provided otherwise herein the parties are independent agencies and shall not be deemed to be partners joint ventures principals or agents or each other for any purpose whatsoever Each party shall have and maintain sole and complete control over all ofits employees agents and operations Except as may otherwise be explicitly provided herein or in separate agreement each and all ofthe obligations responsibilities and liabilities ofthe parties under and in connection with this Agreement are several and not joint and no separate legal or administrative entity will be created to fulfill the purposes ofthis Agreement Except as expressly set forth in this Agreement none ofthe provisions of this Agreement shall inure to the benefit or be enforceable by any third party Exhibit1 Auburn Resolution No 4 12 The invalidity or unenforceability of any provision ofthis Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted 13 No change amendment or modification or any provision ofthis Agreement shall be valid unless set forth in awritten amendment to this Agreement signed by all parties 14 The SSP Partners must approve this Agreement IN WITNESS WHEREOF the following parties have duly executed this agreement on the date written above City of Tacoma Department of Public Utilities Water Division legality City ofAuburn Title fi Approved by the SSP Project Partners at their Project Committee meeting held on September 12 2003 Exhibit1 5 Auburn Resolution No EXItIBIT A TURNOUT DESCRIPTION Co TURNOUT 1 A tumout between a60diameter water line owned by Tacoma and a16 diameter water line containing Auburn water The turnout is located at the intersection of 132nd Avenue SE and SE 296th Street extended The turnout consists of12 diameter piping with 12 diameter valves to control flow A 6 inch diameter water meter will be used to measure the volume ofwater transferred between the two systems The meter will be contained in aconcrete vault buffed in the Second Supply Pipeline rwoigahfyt Second Supply Pipeline construction drawings16259and1659are attached and show the detail for the turnout vault construction The turnout is designed to be capable ofconveying at least 3000 gallons per minute from Tacoma owned facilities to Auburn with approximately f1o2o5t differential in hydrostatic pressure under normal operating conditions TURNOUT2 A i1nc2hturnout connection located on the east side ofB Street NW and approximately 32nd StreetNW between Tsacoma d6iam0eter Second Supply Pipeline and Asuburn 16 diameter water line in B Street An i8nch diameter water meter will be used to measure the volume ofwater transferred between the two systems Second Supply Pipeline construction drawings 125 29 and126125are attached and show the details for the turnout vault construction The turnout is designed to be capable of conveying at least 8300 gallons per minute from Tacoma owned facilities to Auburn with approximately f4o0o5t differential in hydrostatic pressure under normal operating conditions TURNOUT 3 A i1nc2hturnout connection located at approximately K Street NE and approximately 32na Street NE between Tsacoma 60diameter Second Supply Pipeline and Asuburn adjacent water line An i8nch diameter water meter will be used to measure the volume ofwater transferred between the two systems Second Supply Pipeline construction drawings1259and126156 are attached and show the details for the turnout vault construction The turnout is designed to be capable ofconveying at least 8300 gallons per minute from Tacoma owned facilities to Auburn with approximately f4o0o5t differential in hydrostatic pressure under normal operating conditions Exhibit1 6 Auburn Resolution No m m I I i m m m m m OOT ExhibitB1 General VicinityMap ofTumout 1 Facilities SSP construction drawing12359 Exhibit1 Auburn Resolution No 7 I II ExhibitB2 General VicinityMap ofTurnout2 Facilities SSP construction drawing126125 Exhibit1 Auburn Resolution No 8 o I I I I I I I I I I ExhibitB3 General VicinityMap ofTurnout3Facilities SSP construction drawing126156 Exhibit1 Auburn Resolution No 9 o g g o RECORDER S COVER SHEET Document Title s or transactions contained therein t d c Interlocal Agreement RES 3644 II I I nge l 1 t Return Address Auburn City Clerk City of Auburn 25 West Main St Auburn WA 98001 11111111111 III 20060210002263 PACIFIC NU TIT INTERLOCA 91 00 PAGE001 OF 060 02 10 2006 15 46 KING COUNTY UA Reference Number s of Documents assigned or released DAdditional reference s on page of document Grantor s Borrower s Last name first then first name and initials Auburn City of Grantee Assignee Beneficiary Last name first 1 Pacific City of Legal Description abbreviated ie lot block plat or section township ra PER RCW 39 34 o Additional legal is on page of document Assessor s Property Tax Parcel Account Number N A oAssessor Tax not yet assigned Said document s wereftIed for record by Pacific Northwest Tltteas aocommodation only IthM not been examined as to properexlCllllUl as to its affect upon title RESOLUTION NO 3 644 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON RELATING TO THE ANNEXATION OF A PORTION OF PROPERTY TO THE CITY OF AUBURN SIMULTANEOUSLY TO ITS DEANNEXATION FROM THE CITY OF PACIFIC PURSUANT TO RCW21321057 WHEREAS the City Council of the City ofAuburn adopted Resolution No 3617 on May 19 2003 and Resolution No 3619 on June 16 2003 notifying the King County Boundary Review Board of the Csity intent to annex property to the City of Auburn simultaneous to its adnnexeation from the City of Pacific and WHEREAS the City Council ofthe City of Pacific has concurred with the annexation and adnnexeation through its Resolution No 527 on May 220703 and Resolution No 530 on June 9 2003 and WHEREAS the King County Boundary Review Board has consented to and approved the annexation and adnnexeation and WHEREAS in connection with suchadnnexeationthe cities of Auburn and Pacific have committed to coordinate and cooperate with respect to any planning transportation utility or development issues that affect the cities and WHEREAS the adnnexeation will result in a change in the water service areas of the cities and WHEREAS Pacific desires to be granted the right to a future franchise for ingress egress and utilities in the vicinity of the PKieinrcge County line on East Valley Highway in order to access the parcels to the west of the Burlington Northern Santa Fe rwoigahfyt and Resolution 3644 October6 2003 Page 10f 4 WHEREAS Auburn desires to be granted a franchise for its existing facilities in A Street SE remaining in Pacific after the adnnexeation and WHEREAS the cities wish to amend the existing emergency intertie agreements and relocate the emergency intertie facility serving Pacific on Lakeland Hills Way and WHEREAS the cities have mutual interests in the development Vista Heights that currently straddles the existing cities boundaries and will be completely contained within Auburn when the adnnexeation is finalized and WHEREAS Auburn desires to treat and retain public storm water in public facilities and WHEREAS Auburn and Pacific have agreed that Pacific will by bill of sale transfer their interest in the public facilities within the adnnexeation area to Auburn and WHEREAS Auburn and Pacific have agreed that Auburn will provide operation and maintenance services for the portion of A Street SE remaining in Pacific and WHEREAS the requirements ofthe State Environmental Policy Act and applicable Environmental Procedures have been complied with and WHEREAS a Public Hearing was held on October 6 2003 for which notice was provided pursuant to the requirements of RCW21321057and at which hearing all persons wishing to speak to the annexation and adnnexeation were heard and WHEREAS the City Council of the City of Auburn passed its Resolution No 3643 on October 6 2003 finalizing the annexation of a portion of property to the City ofAuburn and simultaneous to its adnnexeation from the City of Pacific Resolution 3644 October6 2003 Page 20f 4 NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON HEREBY RESOLVES as follows Section 1 The Mayor is hereby authorized to execute agreements in substantial conformity with the following agreements attached hereto and incorporated herein by this reference The Water Service Area Adjustment Agreement marks as Exhibit A The Emergency Water System Intertie Agreement marked as Exhibit B The Auburn Franchise Agreement With the City of Pacific marked as Exhibit C The Pacific Franchise Agreement with the City of Auburn marked as Exhibit 0 The Vista Heights Development Agreement marked as Exhibit E The Bill of Sale for infrastructure being transferred from Pacific to Auburn marked as Exhibit F and An interlocal agreement for maintenance and operation services on a portion of A Street SE attached as Exhibit G Section 2 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation including transmitting a copy of this Resolution to the City Clerk of Pacific Section 3 This Resolution shall shall take effect and be in full force upon passage and signatures hereon Resolution 3644 October 6 2003 Page 30f 4 DATED and SIGNED this aLayOCQfC 2003 CITY OF AUBURN PETER B LEWIS MAYOR ATTESTlDanielle E Daskam City Clerk APPROVED AS TO FORM Resolution 3644 October6 2003 Page 40f 4 EXHIBIT A WATER SERVICE AREA AGREEMENT This Agreement made and entered into by and between the City of Pacific a Washington municipal corporation Pacific and the City of Auburn a Washington municipal corporation Auburn Whereas Pacific is engaged in the business of providing water service to the public located in certain areas of King County in the State of Washington Auburn is engaged in the business of providing water service to the public located in certain areas of King and Pierce Counties in the State of Washington and Whereas the parties desire to enter into a formal service area agreement to revise the boundary between their contiguous service areas in King county in order to avoid any duplication or overlap of water service and to provide the most efficient service to their respective customers and Whereas Auburn and Pacific have by resolution adnneexed an area legally described in Attachment 1 attached hereto and shown on the map Attachment2 attached hereto The Cities have agreed to work together cooperatively to facilitate a practical efficient boundary between the two systems Pacific and Auburn therefore agree as follows 1 This Agreement is entered into pursuant to the South King County Coordinated Water System Plan which Plan and Appendices are incorporated herein by this reference 2 The contiguous water service boundary between Pacific and Auburn is agreed upon by both parties as shown on the attached map Attachment 2and as legally described in Attachment3which by this reference are incorporated herein 3 Pacific and Auburn may by mutual written asmendment to this Agreement make such adjustments to the service boundary as they may mutually agree upon from time to time so that water service to new service locations in close proximity to the service boundary may be provided in an efficient effective and economical manner Any such adjustments shall be documented by modifying the attached maps which when so modified and agreed to by the parties shall constitute amendments to this Agreement Minor adjustments consisting of ten acres or less may be authorized by the Public Works Director of the City of Auburn and the Community Development Director of the City of Pacific 4 Except as specifically set forth herein this Agreement shall not modify the Resolutions regarding the aADnnnneexxaaettiioonn process referenced above Exhibit A Resolution No 3644 Page 1 of 2 5 Auburn will work with Pacific to assist in the negotiations with a Tacoma Second Supply Project Partner SSP Partner for future water supply for Pacific The rate for water sold to Pacific from a SSP Partner shall be the rate charged Auburn for the water plus a wheeling charge to be established using cost of service principles 6 Pacific will pay Auburn its costs associated with increasing the capacity of the Auburn Tacoma Second Supply Pipeline csonnection to allow the wheeling of up to one 1 million gallon per day peak day demand and up to one half million gallon per day average day demand through Auburn to Pacific 7 Water available to the Pacific pursuant to this Agreement shall be in compliance with all applicable state and federal drinking water laws regulations and standards 8 If Pacific requires additional or different treatment facilities in order for the wheeled water to comply with their water quality goals or standards then Pacific will install such treatment facilities on the Pacific side of the intertie meters at their expense If Auburn and Pacific determine that treatment is required to meet the mutual water quality goals and standards then the treatment facilities will be installed as near the point of connection to the Tacoma pipeline as practical The treatment facility costs will be shared based upon the capacity required by each city IN WITNESS WHEREOF the parties have executed this Agreement effective as of the date last written below CITY OF AUBURN Kingere PETER B LEWIS MAYOR OCT 202003 Date ATTEST QlkØoÞ Danielle E Daskam CMC City Clerk Exhibit A Resolution No 3644 Page 2 of 2 CITY OF PACIFIC King County Washington aLCz˘nul HOWARD ERICKSON MAYOR Date icLY1 C APPROVED ASTPlr1tf AlbertA Abuan City Attorney ATTACHMENT 1 ANNEXATION LEGAL DESCRIPTION AREAIN VICINITY OF ASTREET SOUTHEAST EAST VALLEY HIGHWAY AND LAKELAND HILLS WAY SOUTHEAST THAT PORTION OF GOVERNMENT LOTS 3 AND 4 IN THE SOUTHWEST QUARTER OF SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EASTW MAND THE EAST HALF OF SECTION 36 TOWNSHIP 21 NORTH RANGE 4 EASTWMDESCRIBED AS FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3 IN SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EASTWMSAID CORNER ALSO BEING AN ANGLE POINT IN THE WEST BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CITY OF PACIFIC ANNEXATION ORDINANCE NUMBER 319 THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 AND THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITYOF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITYOF PACIFIC ORDINANCE NUMBER 319 A DISTANCE OF 1280 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3 THENCE SOUTH ALONG THE EAST LINE OF SAID GOVERNMENT LOTS 3AND 4 AND THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITYOF PACIFIC BY CITYOF PACIFIC ORDINANCE NUMBER 319 TO THE SOUTHEAST CORNER OF SAID CITYOF PACIFIC ORDINANCE 319 AND TO A LINE PARALLEL WITHAND 825 FEET NORTHERLY OF THE SOUTH LINE OF SAID GOVERNMENT LOT 4 THENCE WEST ALONG THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITYOF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 319 AND ALONG SAID PARALLEL LINE A DISTANCE OF 1300 FEET MORE OR LESS TO THE WEST LINE OF SAID SECTION 31 THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 31 AND THE BOUNDARY COMMON TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 TO THE SOUTHWEST CORNER OF SAID SECTION 31 THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 36 TOWNSHIP 21 NORTH RANGE 4 EAST AND ALONG THE SOUTH LINE OF THE LANDS ANNEXED TO THE CITY OF PACIFIC BY CITYOF PACIFIC ORDINANCE NUMBER 226 A DISTANCE OF 70 FEET MORE OR LESS TO THE EAST LINE OF THE BURLINGTON NORTHERN SANTA FE BNSF RAILROAD RWOIGAHFYT100 FEET IN WIDTH THENCE NORTH ALONG SAID EAST LINE OF THE BNSF RAILROAD RWOIGAHFYTTO A LINE PARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36 THENCE WEST ALONG LAST SAID PARALLEL LINE 100 FEET TO THE WEST LINE OF SAID BURLINGTON NORTHERN SANTA FE BNSF RAILROADRWOIGAFHYT THENCE NORTH ALONG SAID WEST LINE OF THE BNSF RAILROAD RWOIGAHFYTA DISTANCE OF 3280 FEET MORE OR LESS TO A LINE PARALLEL WITH AND 1884 FEET SOUTHERLY WHEN MEASURED ALONG THE WEST LINE OF SAID RAILROADRWOIGAFHYT FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36 THENCE EASTERLY ALONG LAST SAID PARALLEL LINE A DISTANCE OF 175 FEET MORE OR LESS TO THE EAST ROIGHFTWAY LINE OF EAST VALLEY HIGHWAYASTREET SE THENCE SOUTHERLY ALONG SAID EASTRWOIGAHFYTLINE A DISTANCE OF 150 FEET MORE OR LESS TO THE NORTH BANK OF THE WHITE RIVER STUCK RIVER THENCE NORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE OF 200 FEET MORE OR LESS TO THE LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF Exhibit A Attachment 1 Resolution No 3644 1 of 2 AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITYOF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 AND THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EASTWM THENCE SOUTH ALONG SAID LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITYOF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 AND THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 31 A DISTANCE OF 700 FEET MORE OR LESS TO THE POINT OF BEGINNING SITUATE IN KING COUNTY WASHINGTON Exhibit A Attachment 1 Resolution No 3644 2of2 r r r WATER SERVICE AREA BOUNDARY LINE 250 500 I ATTACHMENT 2 Plotted JAN 2003 EXHIBITAATTACHMENT 2 RESOLUTION No 3644 PAGE 1 Of 1 SCALE 1 500 ATTACHMENT 3 WATER SERVICE AGREEMENT LINE BOUNDARY AFTER ANNEXATION IN THE E12OF SEC 36 TWP 21N R 4E AND W12OF SEC 31 TWP 21N R 5EWM COMMENCING AT THE SOUTHEAST CORNER OF SECTION 36 TOWNSHIP 21 NORTH RANGE 4 EASTWMSAID CORNER ALSO BEING THE SOUTHWEST CORNER OF THE LANDS ANNEXED TO THE CITYOF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE SOUTHEAST CORNER OF THE LANDS ANNEXED TO THE CITYOF PACIFIC BY CITYOF PACIFIC ORDINANCE NUMBER 226 THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36 AND ALONG SAID SOUTH LINE OF THE LANDS ANNEXED TO THE CITYOF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 A DISTANCE OF 70 FEET MORE OR LESS TO THE EAST LINE OF THE BURLINGTON NORTHERN SANTA FE BNSF RAILROAD RWOIGAHFYT100 FEET IN WIDTH AND THE TRUE POINT OF BEGINNING OF THISWATER SERVICE AGREEMENT LINE THENCE NORTH ALONG SAID EAST LINE OF THE BNSF RAILROAD RWOIGAHFYTTO A LINE PARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36 THENCE WEST ALONG SAID PARALLEL LINE 100 FEET TO THE WEST LINE OF SAID BURLINGTON NORTHERN SANTA FE BNSF RAILROADRWOIGAFHYT THENCE NORTH ALONG SAID WEST LINE OF THE BNSF RAILROAD RWOIGAHFYTA DISTANCE OF 3280 FEET MORE OR LESS TO A LINE PARALLEL WITH AND 1884 FEET SOUTHERLY WHEN MEASURED ALONG THE WEST LINE OF SAID RAILROADRWOIGAFHYTFROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36 THENCE EASTERLY ALONG LAST SAID PARALLEL LINE A DISTANCE OF 175 FEET MORE OR LESS TO THE EAST ROIGHFTWAY LINE OF EAST VALLEY HIGHWAYASTREET SE THENCE SOUTHERLY ALONG SAID EASTRWOIGAHFYTLINE A DISTANCE OF 150 FEET MORE OR LESS TO THE NORTH BANK OF THE WHITE RIVER STUCK RIVER THENCE NORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE OF 200 FEET MORE OR LESS TO THE LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 AND THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36 THENCE NORTH ALONG THE LINE COMMON TO THE LANDS ANNEXED TO THE CITYOF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITYOF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 AND THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36 A DISTANCE OF 258 FEET MORE OR LESS TO THE NORTHWEST CORNER OF THE LANDS CONVEYED TO THE CITYOF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 8009050525 RECORDS OF SAID COUNTY THENCE EAST 50 FEET ALONG THE NORTH LINE OF SAID LANDS TO THE NORTHEAST CORNER THEREOF THENCE NORTH 38426 FEET TO A POINT 50 FEET EAST OF THE SOUTHWEST CORNER OF TRACTBOF CITY OF AUBURN LOT LINE ADJUSTMENT L85L7ARECORDED UNDER RECORDING NUMBER 8704220781 RECORDS OF KING COUNTY THENCE WEST ALONG THE SOUTH LINE OF SAID TRACT BTO THE SOUTHWEST CORNER OF SAID TRACTBAND THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36 THENCE NORTH ALONG THE WEST LINE OF SAID TRACTBTHE LINE COMMON TO THE LANDS ANNEXED TO THE CITYOF AUBURN BY CITYOF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITYOF PACIFIC ORDINANCE NUMBER 226 AND THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36 A DISTANCE OF2524 FEET MORE OR LESS TO SAID EASTRWOIGAHFYTLINE OF EAST VALLEY HIGHWAYA STREET SE THENCE SOUTHWESTERLY ALONG SAID EASTRWOIGAHFYTLINE TO THE SOUTHEAST CORNER OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITYOF AUBURN ORDINANCE NUMBER 1171 Exhibit A Attachment 3 Resolution 3644 Page 1 of 2 THENCE WEST ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF THE LANDS DESCRIBED IN SAID CITY OF AUBURN ORDINANCE NUMBER 1171 THENCE NORTHERLY ALONG THE WEST LINE OF THE LANDS DESCRIBED IN SAID CITY OF AUBURN ORDINANCE NUMBER 1171 TO THE NORTH LINE OF SAID SECTION 36 AND THE TERMINUS OF THIS WATER SERVICE AGREEMENT LINE SITUATE IN KING COUNTY WASHINGTON Exhibit A Attachment 3 Resolution 3644 Page 2 of 2 EXHIBIT B EMERGENCY WATER SYSTEM INTERTIE AGREEMENT APuabcuifricnIntertie Agreement N3o THIS AGREEMENT made and entered into by and between the City of Auburn hereinafter referred to as Auburn and the City of Pacific hereinafter referred to as Pacific for the purposes of planning designing constructing maintaining and operating an emergency system intertie between the respective parties WITNESSETH WHEREAS both Cities have water facilities in the vicinity and WHEREAS both Cities can increase fire protection and emergency water supply reliability for their customers and WHEREAS the Cities are willing to provide the necessary services to increase fire fighting and emergency supply reliability upon the terms and conditions set forth hereinNOW THEREFORE IT IS MUTUALLY AGREED as follows 1 The Cities hereby concurrently terminate with the execution of this Agreement the Water Sales Agreement Between City of Auburn and City of Pacific dated November 4 1991 and the Water Service Agreement dated July 129784 2 Theifnocuhr4water service connection on Ellingson Road near Psacific well field will continue to function as an emergency water supply under the terms and conditions of this agreement and the supply of emergency water through this facility will beownaey from Auburn to Pacific 3 The new emergency water system intertie will be designed to be operated manually as a two way emergency supply between the Auburn and Pacific Systems The facility shall be located on East Valley Highway in the vicinity of the Water Service Area Boundaries between the two cities Final location and configuration of the facilities shall be determined at the time of final design 4 The emergency water system interties shall be operated only in the event of an emergency For purposes of this agreement an emergency shall be defined as resulting from a water shortage a major water line break fire demand contamination to the water supply system mechanical Exhibit B Resolution No 3644 Page 1 of 5 equipment failure electrical equipment failure or Puget Sound Energy facility failure or any other agreed upon emergency within the water supply system 5 Auburn will design and administer the contract for the construction of the new metering station The facility will be designed and constructed in accordance with reasonably accepted water utility standards for similar municipal water utilities Construction of the metering station will occur in the future at a mutually agreed upon time Auburn will own and maintain the piping interior equipment emergency meter and interior appurtenances and all piping up to the Pacific side of the vault for the metering station 6 Upon completion of construction Auburn will transfer ownership of all exterior appurtenances and all piping that is located on the Pacific side of the vault to Pacific Pacific will own and maintain the exterior appurtenances and all piping on Psacific side of the vault 7 Each City will have unlimited access to the vault via a dual padlock or ownership of keys to the vault 8 Each City will operate the respective normally locked valve inside of the vault Auburn will solely unlock and operate the locked valve on Asuburn side of the meter and Pacific will solely unlock and operate the locked valve on Psacific side of the meter 9 The procedure for operating the interties in the event of such emergency shall be as follows A Each City shall determine that an emergency of sufficient magnitude has occurred which warrants the need to request that the one or both interties be activated B Upon agreement that an emergency exists the authorized representative of each City shall allow for one or both of the interties to be opened The interties will be activated as soon as reasonably possible Both Cities personnel shall be present at the vsault to open the valves to activate the facility C The City requesting the activation shall provide a written confirmation of the request not less than 24 hours after the verbal request or on the first day of normal business after the verbal request Exhibit B Resolution No 3644 Page 2 of 5 D The isntertie shall remain activated until the City requesting activation determines that the need for activation of the emergency isntertie has ceased and shall request in writing to close the intertie E In case of emergency or whenever the public health safety or the equitable distribution of water so demands the City supplying the water may change reduce or limit the time for or temporarily discontinue the supply of water without notice water service may be temporarily interrupted limited for purposes of making repairs extensions or doing other necessary work and the City supplying the water shall not be responsible for any damage resulting from interruption change or failure of the water supply and the City receiving the water City requesting activation shall save and hold harmless the City supplying the water from any loss damages or suites to or by customers of the City receiving the water resulting from interruption change or failure of water supply provided by this Agreement except damages arising arising out of the City supplying the wsater negligence Prior to a planned interruption or limiting of service the City supplying the water will notify the City receiving the water of such not less than three days prior to the service disruption The City supplying the water agrees to use best efforts and reasonable diligence to notify the City receiving the water as soon after it becomes aware of the need for service disruption and further will to the extent practical limit the service disruption to daylight hours 10 Auburn shall read the mseter upon activation and upon deactivation of the isntertie The City supplying the water shall verify the information and shall then calculate and invoice the other City for the water used during the request The total water used during the event shall be used to calculate the invoice The rate for water consumed through the emergency interties shall be at the Auburn Wholesale Rate to Algona in effect at the time the water is used This shall be complete payment for the water labor and administration of activating the isntertie 11 The total project costs for the construction of the new intertie shall include costs for consulting design service and construction Auburn shall bear the project costs in exchange for facilities transferred to Auburn as a part of the Lakeland Hills area adnnexeation Each City is responsible for associated staff administration and legal costs associated with this implementation of the agreement 12 To the extent allowed by law the City of Pacific shall defend indemnify and hold harmless the City of Auburn its elected officials employees and agents from and against any and all suits claims actions losses costs Exhibit B Resolution No 3644 Page 3 of 5 expensØs of litigation asttorney fees penalties and damages of whatsoever kind or nature arising out of or in connection with or incident to an act or omission of the City of Pacific its employees agents and contractors in the performance of the City of Psacific obligations under the Agreement and this Amendment This indemnification provision shall include but is not limited to all claims against the City of Auburn by an employee or former employee of the City of Pacific or its contractors and as to such claims the City of Pacific expressly waives all immunity and limitation of liability under Title 51 RCW To the extent allowed by law the City of Auburn shall defend indemnify and hold harmless the City of Pacific its elected officials employees and agents from and against any and all suits claims actions losses costs expenses of litigation asttorney fees penalties and damages or whatsoever kind or nature arising our of in connection with or incident to an act or omission of the City of Auburn its employees agents and contractors in the performance of the City of Asuburn obligations under this Agreement This indemnification obligation shall include but is not limited to all claims against the City of Pacific by an employee or former employee of the City of Auburn or its contractors and as to such claims the City of Auburn expressly waives all immunity and limitation of liability under Title 51 RCW 13 This Agreement shall remain in force until terminated by either party hereto upon d6a0ys written notice to the other party Any project costs incurred up to the date of such notice as described herein shall be shared in accordance with the provisions of this Agreement 14 Water available to the Pacific pursuant to this Agreement shall be in compliance with all applicable state and federal drinking water laws regulations and standards 15 If Pacific requires additional or different treatment facilities in order for the water received under this agreement to comply with their water quality goals or standards then Pacific will install such treatment facilities on the Pacific side of the intertie meters at their expense 16 If Auburn requires additional or different treatment facilities in order for the water received under this agreement to comply with their water quality goals or standards then Auburn will install such treatment facilities on the Auburn side of the intertie meters at their expense Exhibit B Resolution No 3644 Page 4 of 5 IN WITNESS WHEREOF the parties have executed this Agreement effective as of the date last written below CITY OF AUBURN King County Washin ton r S MAYOR OCT I — 2003 Date ATTEST Ll1v1JJd Danielle E Daskam CMC City Clerk Exhibit B Resolution No 3644 Page 5 of 5 CITY OF PACIFIC King County Washington CZU16Ø1g HOWARD ERICKSON MAYOR tJ 1ì Date I0Jeo1ZIC ATTESTj APPROVED AS TO FORM dice JU Albert A Aöuan City Attorney EXHIBITC CITY OF AUBURN WASHINGTON FRANCHISE AGREEMENT WITH THE CITY OF PACIFIC WHEREAS the City of Auburn Auburn and the City of Pacific Pacific have agreed to the adnnexeation a portion of property described in Attachment 1relating to among other things East Valley Highway EVH from the north end of the White River bridge to the PKieinrcge County line in which Auburn recognizes and agrees to Psacific right to access a portion of EVH near the PKieinrcge County line for ingress egress and utilities and WHEREAS Auburn and Pacific have entered into a Water Service Area Agreement which revised the boundary between their respective water service areas and WHEREAS the City of Auburn and Pacific have entered into an Emergency Water System Intertie Agreement and WHEREAS according to said Emergency Water System Intertie Agreement Auburn guaranteed Pacific the right to wheel water through Asuburn water system for an associated wheeling charge and WHEREAS in order to maintain control over the use of Auburn rwoigayhfstby Pacific within Auburn it is appropriate to enter into franchise agreements with Pacific and WHEREAS Pacific has negotiated this franchise agreement with Auburn acceptable to both parties and WHEREAS Auburn has determined that it is in the best interests of the public to grant Pacific a franchise on the terms and conditions set forth in this Agreement NOW THEREFORE THE CITY OF AUBURN AND THE CITY OF PACIFIC AGREE AS FOLLOWS SECTION 1 DEFINITION Where used in this franchise Franchise the following definitions shall apply 1 Franchisee means the City of Pacific a Washington municipal corporation and its respective successors and assigns 12 City means the City of Auburn a Washington municipal corporation Exhibit C Resolution No 3644 Page 1 of 11 13 Franchise Area means that portion of East Valley Highway where Pacific will own operate and maintain utilities as described with Attachment 2 attached hereto which is by this reference incorporated as if fully set forth herein provided that the Franchise Area shall not include or convey any right to Franchisee to install facilities on or to otherwise use City owned or leased properties outside the Franchise Area 14 Facilities means the Fsranchisee utility system lines mains appurtenances and all other necessary or convenient facilities for the purpose of providing water service 15 Agreement means this Agreement setting forth the terms and conditions of the franchise granted to the Franchisee SECTION 2 FRANCHISE GRANT Subject to the terms and conditions set forth in this Agreement the City grants to the Franchisee the right to construct and install water pipelines and appurtenances and to excavate trenches in City roads for the purposes of constructing installing operating maintaining removing and replacing mains and pipes and making connections between the same to the dwellings and other buildings of the consumers In exercising the foregoing rights the Franchisee shall be governed by and conform to the general rules adopted by the Public Works Department of the City of Auburn and the Franchisee at no expense to the City shall complete all work and shall replace and restore the City roads to the condition of the City roads existing immediately prior to such disturbance PROVIDED HOWEVER that no such work shall be done prior to the obtaining of a permit therefor issued by the Csity Public Works Director hereinafter Director which permit shall set forth conditions pertaining to the work to be done and specifications for the restoration of the roads to the same condition as they were prior to such work If the Franchisee does not repair the City roads to the satisfaction of the Director the City may at its sole discretion repair such City roads or cause them to be repaired and the Franchisee hereby agrees to reimburse the City for the cost of such work including overhead costs SECTION 3 FRANCHISE TERM This Franchise is and shall remain in full force and effect from the effective date of this Agreement forward for a period not to exceed tfwivenety 25 years from the effective date of this Agreement provided that this Franchise shall not take effect and the Franchisee shall have no rights under this Franchise unless the Franchisee files a written acceptance of this Franchise with the City pursuant to Section 4 of this Agreement SECTION 4 ACCEPTANCES BY GRANTEE OF TERMS AND CONDITIONS The full acceptance of this Franchise and all of its terms and conditions shall be filed with the City Clerk within ffoivrtey 45 days from the date of this Agreement by the Franchisee Full acceptance of this Franchise is a condition precedent to its taking effect and unless this Franchise is accepted within the time specified this grant will be null and void and have no force or effect Exhibit C Resolution No 3644 Page 2 of 11 SECTION 5 ENXCOLUSNIVE FRANCHISE This Franchise is not exclusive It does not prohibit the City from granting franchises for other public or private utilities in over along across and under any City property including the Franchise Area This Franchise does not prevent or prohibit the City from constructing altering maintaining or using any of the Franchise Area The City retains full power to make all changes relocations repair maintenance or other work to or in the Franchise Area as the City deems fit SECTION 6 JURISDICTIONS This Franchise is intended to convey limited rights and interest only as to those roads and rwoigahftys in which the City has an actual interest It is not a warranty of title or of interest in City road rwoigahftys None of the rights granted to the Franchisee shall affect the jurisdiction of the City over City road rwoigahftysor the Csity power to perform work upon its roadways rwoigahftysor appurtenant drainage facilities including by constructing altering renewing paving widening grading blasting or excavating SECTION 7 REGULATIONS OF USE AND CONTROL This Franchise does not deprive the City of any powers rights or privileges it now has or may later acquire in the future to regulate the use of and to control the City road rwoigahftys covered by this Franchise The City reserves the right and power at all times to exercise its police powers with respect to the time manner and location of the placement of the Fsranchisee Facilities SECTION 8 EMINENT DOMAIN This Franchise and the limited rights and interests granted by this Franchise are subject to the exercise of eminent domain In the event of an exercise of eminent domain by the City the value to be attributed to all the rights and interests granted under this Franchise shall not exceed the actual amount the Franchisee paid to the City in obtaining this Franchise SECTION 9 VACATION If at any time the City vacates any City rwoigahftys covered by this Franchise the City will not be held liable for any damages or loss to the Franchisee by reason of such vacation The City may after giving thirty 30 days written notice to the Franchisee terminate this Franchise with respect to any City road or rwoigahftysvacated SECTION 10 ENFORCEMENT The Csity failure to enforce any provision of this Franchise does not constitute a waiver of its right to enforce that provision or any other provision of this Franchise SECTION 11 INDEMNITIES AND HOLD HARMLESS 111 The Franchisee shall defend indemnify and hold harmless the City its appointed and elected officials and its employees and agents from and against liability for all claims actions injuries demands liabilities losses costs damages and Exhibit C Resolution No 3644 Page 3 of 11 judgments including costs of defense thereof collectively referred to as damages for injury to persons death or property damage caused by arising out of or incidental to the Fsranchisee exercise of the rights and privileges granted by this Franchise except for damages caused by or arising out of the Csity sole negligence In the event that any such claim or demand for damages is presented toor filed with the City or if any suit or action is initiated against the City based on such claims or demands for damages the City shall promptly notify the Franchisee of the claim demand suit or action and the Franchisee shall have the right at its election and its sole cost and expense to settle and compromise such claim demand suit or action or defend the same at the Fsranchisee sole cost and expense 121 If it is determined that RCW124145 applies to this Franchise the Franchisee agrees to defend hold harmless and indemnify the City to the maximum extent permitted under that statute and specifically for the Fsranchisee negligence concurrent with that of the City to the full extent of the Fsranchisee negligence SECTION 12 INSURANCE 112 The Franchisee shall keep a policy of insurance in force with a minimum limit of five million dollars005000Verification of insurance coverage is a condition precedent to the effectiveness of this Agreement 122 The insurance shall be maintained in full force and effect at the Fsranchisee sole expense throughout the term of the Franchise and should such insurance be terminated this Agreement shall terminate as of the date of the termination of insurance coverage 132 The coverage provided by the Fsranchisee insurance policies shall be primary to any insurance maintained by the City except as to losses or damages attributable to the sole negligence of the City Any insurance maintained by the City that might relate to this Franchise shall be in excess to the Fsranchisee insurance and shall not contribute with or to it The City has no obligation to report occurrences to the insurance companies unless a claim is filed with the Csity City Council and the City has no obligations to pay the Fsranchisee premiums 142 The Franchisee shall be solely and completely responsible to perform all work related to this Franchise in compliance with all applicable federal state county and city statutes rules regulations Ordinances orders and codes The Fsranchisee attention is directed to the requirements of the Washington Industrial Safety and Health Act Chapter1479 RCW The Franchisee shall be solely and completely responsible for safety and safety conditions on its job sites and for its work within the Franchise Area including the safety of all persons and property during performance of any works therein The services of the City or Csity consultant personnel in conducting construction review of the Fsranchisee work relating to the Franchise is not intended to include review of the adequacy of the Fsranchisee work methods equipment scaffolding or trenching or safety measures in on or near such Franchise Area or job site The Franchisee shall provide safe access for the City and its inspectors to adequately inspect the work and its conformance with applicable statutes Ordinances rules regulations and the Franchise Exhibit C Resolution No 3644 Page 4 of 11 SECTION 13 INSTALLATIONS REPAIR REMOVAL OR RELOCATION 113 The Franchisee shall at no expense to the City expeditiously repair all existing Facilities that it owns within the Franchise Area including any damage caused directly or indirectly by its Facilities all appurtenant Facilities and service lines connecting its system to users if the City requires such repair for any reasonable purpose123 The Franchisee shall at no expense to the City adjust remove or relocate existing Facilities within the Franchise Area including all appurtenant Facilities and service lines connecting its system to users if the City determines such adjustment removal or relocation is reasonably necessary to allow for an improvement or alteration planned by the City The City shall give the Franchisee written notice of such requirement as soon as practicable The written notice shall include all available information such as plans and specifications as is reasonably necessary for the Franchisee to plan for such adjustment removal or relocation 133 Fsranchisee Facilities shall be constructed installed maintained and repaired within the Franchise Area so as to provide safety of persons and property and not interfere with the free passage of traffic all in accordance with the laws of the State of Washington and the Ordinances resolutions rules and regulations of the City 143 For projects that are a part of the Csity capital improvement program in addition to any other notice given to the Franchisee the City shall provide a copy of the capital improvement plan and six6 year transportation improvement plan when requested Further the City shall provide a vertical and horizontal profile of the roadway and drainage facilities within it both existing and as proposed by the City and the proposed construction schedule The initial design information shall be given at least one hundred and eighty 180 days before construction is scheduled to begin except in cases of urgent construction or emergencies The Franchisee shall respond to this notice and to any later notices of revised designs within twenty 20 days of the date of the notice by providing to the City the Fsranchisee best available information as to the location of all the Fsranchisee Facilities including all appurtenant Facilities and service lines connecting its system to users and all Facilities that it has abandoned within the area proposed for the project 153 The City shall offer the Franchisee the opportunity to participate in the preparation of bid documents for the selection of a contractor to perform the public works project as well as all required adjustments removals or relocations of the Fsranchisee Facilities The City shall have sole authority to choose the contractor to perform such work Such bid documents shall provide for ar1 appropriate cost allocation between the parties In addition to the Fsranchisee allocation of contractor costs the Franchisee shall reimburse the City for all costs to include but not be limited to legal engineering inspections administration aonrd soils testing related to the Fsranchisee work and reasonably incurred by the City in the administration of such joint construction contracts Such costs shall include the direct salary cost of the time of City professional and technical personnel including the Csity consultants spent productively engaged in such work plus overhead costs at the standard rate charged by the City on other similar projects Exhibit C Resolution No 3644 Page 5 of 11 163 It is understood that emergency situations may arise that could threaten public health aonrd continued operation of the Fsranchisee utility system and the Franchisee may be unable to notify the City in the manner prescribed in Section 14 of this Franchise In such a situation the Franchisee shall immediately correct the hazardous situation and continue to use best efforts to contact the City staff The Emergency Phone Number for the City of Auburn is 253 3903110 and the City of Pacific is 253 1912190 Dialing 911 is advised for emergency situations SECTION 14 REQUIREMENTS OF CONSTRUCTION PERMITS 114 The Franchisee has the right privilege and authority to enter the City road rwoigahftysfor the purpose of constructing installing operating maintaining replacing or repairing its Facilities on the condition that it obtains construction excavation and rwoigahfyt use permits issued by the City Any work performed whether by Franchisee its contractors or third parties shall include necessary paving patching grading grading and any other reasonably necessary repair or restoration to the City rwoigahftys All work shall be done to the Csity satisfaction 124 All equipment pipelines and appurtenances which are used in the construction installation operation maintenance or repair of the Fsranchisee Facilities and which are located within the City road rwoigahftys and owned by the Franchisee shall be considered to be part of the Fsranchisee system and shall be the responsibility of the Franchisee All permits for the construction installation operation maintenance or repair of the Fsranchisee system shall be applied for and given in the name of the Franchisee who will be responsible for all work done under the permit The Franchisee remains responsible whether the work is performed by the Franchisee its contractors or by third parties 134 When required by the Public Works Director the Franchisee shall post a bond to the City in the amount sufficient for any road repair or restoration The amount of the bond shall be set by the City and must be filed with the City before a permit will be issued SECTION 15 PERFORMANCE OF WORK 115 Any work performed by the Franchisee in the Franchise Area shall conform to all City Ordinances and requirements including but not limited to Auburn City Code and the Csity Design and Construction Standards in force when the work is performed All traffic control shall conformto the current edition of the Uniform Traffic Control Devices in force when the work is performed 125 If work performed under this Franchise makes it necessary to turn off or diminish water pressure to any fire hydrant the Franchisee shall notify the Csity Fire Department by telephone and by written notice that water pressure or fire flow conditions have been affected Except in the case of an emergency the notice shall be provided at least 48 hours prior to the water pressure being turned off or diminished Exhibit C Resolution No 3644 Page 6 of 11 If more than one fire hydrant will be affected the Franchisee shall provide a map of the affected area to the Fire Department sOoervuicfetfire hydrants must be identified as not operational by covering with a properly secured burlap or plastic bag Fire hydrants should be returned to full service as soon as reasonably possible or no longer than two working days from the date service was diminished The Franchisee shall notify the Csity Fire Department when the hydrant is returned to full service SECTION 16 RESTORATION OF CITY RWOIGAHFTYS After performing work on under or adjacent to City road rwoigahftysthe Franchisee is responsible for and shall leave all City road rwoigahftys in the condition of the City roads rwoigahftysexisting immediately prior to such disturbance If the Franchisee its contractors or third parties working under permit should fail to diligently restore City road rwoigahftysto the satisfaction of the City the City may make such repairs or restorations as are necessary to return the City road rwoigahftysto a condition reasonably comparable to the condition of the City roads rwoigahftysexisting immediately prior to such disturbance Upon presentation of an itemized bill for repairs or restorations including all applicable costs both direct and indirect to include but not be limited to the cost of labor tools materials and equipment the Franchisee shall pay the bill within fsiivxtey 65 days SECTION 17 GUARANTEES The Franchisee shall guarantee work and materials furnished and completed by the Franchisee under this Franchise for a period of two 2 years from the date the City accepts the workaonrd restoration SECTION 18 INFORMATION ON LOCATION OF FACILITIES Prior to the effective date of this Agreement the Franchisee shall provide the City with all information requested by the City regarding the location of the Fsranchisee current Facilities including but not limited to copies of all record drawings for such Facilities If the Franchisee performs any work to install repair reconstruct or replace Facilities in the Franchise Area after this Asgreement effective date the Franchisee shall provide the City with all information requested by the City regarding the location of those Facilities including but not limited to copies of record drawings SECTION 19 COORDINATION OF WORK IN FRANCHISE AREA To facilitate the coordination of work in City rwoigahftysif either the Franchisee or the City plans to make excavations in the Franchise Area the party planning such excavation shall provide written notice to the other of the planned excavation affording the other party the opportunity to share in the excavation provided that 1 such joint use shall not unreasonably delay the work of the party causing the excavation to be made 2 such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties and 3 either party may deny such request for safety reasons Exhibit C Resolution No 3644 Page 7 of 11 SECTION 20 REIMBURSEMENTS OF COSTS The Franchisee shall reimburse and pay to the City the amount of actual administrative expenses incurred by the City which are directly or indirectly related to the receipt review and approval of this Franchise In the event of pnayomennt thereafter the Franchisee shall pay the Csity reasonable attorneys fees and other costs incurred in collecting such amount Payment must be made within fsiivxtey 65 days of the Fsranchisee receipt of the Csity billlinvoice If payment is not paid in full within the fsiivxtey 65 days this Franchise shall become null and void SECTION 21 BLASTING REQUIREMENTS The Fsranchisee right to construct install operate maintain and repair Facilities does not preclude the City its agents or contractors from blasting grading or doing other road work contiguous to the Fsranchisee Facilities When practical the City shall give the Franchisee feoigrthyt48 hours notice of blasting or excavating SECTION 22 SURVEY MARKERS AND MONUMENTS Before any work is performed under this Franchise the Franchisee shall establish two or more reference marks to all monuments and markers of every nature relating to subdivisions plats rwoigahftysand all other surveys The reference points shall be located so that they will not be disturbed during any of Fsranchisee operations under this Franchise The method of referencing monuments or other markers or points shall be approved by the City before placement The replacement of all markers or monuments disturbed during any construction of the Franchisee shall be made as promptly as conditions permit The cost of monuments or markers lost destroyed or disturbed and the expense or replacement with approved markers or monuments shall be borne by the Franchisee SECTION 23 RESERVATIONS OF RIGHTS The City reserves the right upon thirty 30 days written notice to the Franchisee to amend or modify the provisions or conditions of this Franchise to conform to any state county federal or city statute ordinance rule or regulation The City may terminate this Franchise upon thirty 30 days written notice to the Franchisee if the Franchisee fails or refuses to comply with such amendment or modification SECTION 24 ASSIGNMENT The Franchisee shall not have the right to assign this Franchise without the written consent of the City No assignment shall be effective unless an acceptance by the assignee of all rights conditions terms provisions and responsibilities contained within the Franchise as well as surety bonds which the City deems necessary to be posted are received as allowed by law The Csity approval of the assignment may be made subject to the asssignee acceptance of new or modified terms of the Franchise Exhibit C Resolution No 3644 Page 8 of 11 SECTION 25 PENALTV FOR VIOLATION OF CONDITIONS If the Franchisee fails to comply with any material term condition or responsibility under this Franchise the City may provide the Franchisee with written notice of the Csity intent to revoke the Franchise if the Fsranchisee failure is not cured within thirty 30 days of the date of the notice During the thirty 30 days following the date of the notice the Franchisee shall have the opportunity to remedy the failure to comply A public hearing shall be scheduled before the Auburn City Council at least thirty 30 days following the notification on the issue of the revocation If at the hearing the City Council finds that grounds exist to revoke the Franchise under this paragraph and that the revocation is in the public interest the City Council may by ordinance revoke the Franchise The revocation shall be effective ninety 90 days after the public hearing SECTION 26 EXPIRATION AND RENEWAL 216 If the Franchisee requests a renewal of this Franchise prior to its expiration date the City may at the Csity sole discretion extend the term of this Franchise for up to one year beyond the expiration date to allow for processing of the renewal If the City elects to extend the term of this Franchise written notice of the extension shall be provided to the Franchisee prior to the Franchise expiration date 226 If the Franchisee has not requested a renewal of this Franchise prior to its expiration date the City has the right upon thirty 30 dsay prior notice to the Franchisee to remove or relocate any of the Fsranchisee Facilities as is reasonably necessary for the psublic health welfare or safety or for the construction alteration or improvement of the Franchise Area or for the construction or installation of lines or facilities of other franchise holders The Franchisee shall be liable for costs incurred in any removal or relocation of the Fsranchisee Facilities under this section 236 Upon the expiration of this Franchise the Franchisee shall continue to be responsible for the operation operation and maintenance of the Fsranchisee existing facilities in the Franchise Area but shall not have the right to provide additional services This Section and Sections 11 13 14 15 16 19 and 22 of this Franchise shall continue in force until such time as the Fsranchisee Facilities are abandoned to the City in accordance with the terms and conditions of the Annexation Resolution SECTION 27 COMPLIANCE WITH LAWS The Franchisee shall conform to all applicable federal state and local laws and regulations including but not limited to the State Environmental Policy Act and the Csity Environmental Standards and Ordinances SECTION 28 DNISCROIMINANTION CLAUSES In all hiring or employment made possible or resulting from this Franchise there shall be no discrimination against any employee or applicant for employment because of sex sexual orientation age race color national origin marital status or the presence of any sensory mental or physical handicap unless based upon a bona fide occupation qualification No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this agreement Exhibit C Resolution No 3644 Page 9 of 11 on the grounds of sex sexual orientation race color national origin age except minimum age and retirement provisions marital status or the presence of any sensory mental or physical handicap SECTION 29 NOTICES Any notice or information required or permitted under this Franchise may be sent to the following addresses unless otherwise specified City of Auburn City Engineer 25 West Main Street Auburn WA948909081 3290351130 City of Pacific Community Development Director 100 3rd AvenueSE Pacific WA 98047 1291251390 SECTION 30 ATTORNEYS FEES If either party commences litigation against the other party relating to the performance or alleged breach of this Franchise the prevailing party shall be entitled to all costs including reasonable attorneys fees incurred relating to such litigation including those incurred in any appeal SECTION 31 SEVERANCES If any term provision condition or portion of this Franchise is held to be invalid such invalidity shall not affect the validity of the remaining portions of this Franchise which shall continue in full force and effect unless the dominant purpose of the Franchise would be prevented or the public interest would no longer be served as determined by the City SECTION 32 EFFECTIVE DATE This Agreement having been introduced at least five days prior to its date of passage and submitted to the city attorney and being approved by at least a majority of the entire city council at a regular city council meeting shall take effect and be in force five days after its passage approval and publication as required by law SECTION 33 EXISTING UTILITIES This Franchise shall govern City of Pacific new utility Facilities within the City of Auburn Exhibit C Resolution No 3644 Page 10 of 11 IN WITNESS WHEREOF the parties have executed this Agreement effective as of the date last written below CITY OF AUBURN King County Washington 4 PETER B LEWIS MAYOR DCl 2 — 2003 CITY OF PACIFIC King County Washington 4CJi e1v 27d4 HOWARD ERICKSON MAYOR Date Date Jcloeð 3 Lsð Danielle E Daskam CMC City Clerk ATTESTl ATTEST Exhibit C Resolution No 3644 Page 11 of 11 ATTACHMENT 1 ANNEXATION LEGAL DESCRIPTION AREA IN VICINITY OF ASTREET SOUTHEAST EAST VALLEY HIGHWAY AND LAKELAND HILLS WAY SOUTHEAST THAT PORTION OF GOVERNMENT LOTS 3 AND 41N THE SOUTHWEST QUARTER OF SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EASTW MAND THE EAST HALF OF SECTION 36 TOWNSHIP 21 NORTH RANGE 4 EASTWMDESCRIBED AS FOLLOWS BEGINNING ATTHE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3 IN SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EASTWMSAID CORNER ALSO BEING AN ANGLE POINT IN THE WEST BOUNDARY OF THE LANDS ANNEXED TO THE CITYOF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CITY OF PACIFIC ANNEXATION ORDINANCE NUMBER 319 THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 AND THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITYOF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITYOF PACIFIC ORDINANCE NUMBER 319 A DISTANCE OF 1280 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3 THENCE SOUTH ALONG THE EAST LINE OF OF SAID GOVERNMENT LOTS 3 AND 4 AND THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITYOF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 319 TO THE SOUTHEAST CORNER OF SAID CITY OF PACIFIC ORDINANCE 319 AND TO A LINE PARALLEL WITH AND 825 FEET NORTHERLY OF THE SOUTH LINE OF SAID GOVERNMENT LOT 4 THENCE WEST ALONG THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITYOF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 319 AND ALONG SAID PARALLEL LINE A DISTANCE OF 1300 FEET MORE OR LESS TO THE WEST LINE OF SAID SECTION 31 THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 31 AND THE BOUNDARY COMMON TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITYOF AUBURN ORDINANCE NUMBER 2271 AND THE CITYOF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 TO THE SOUTHWEST CORNER OF SAID SECTION 31 THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 36 TOWNSHIP 21 NORTH RANGE 4 EAST AND ALONG ALONG THE SOUTH LINE OF THE LANDS ANNEXED TO THE CITY OF PACIFIC BY CITYOF PACIFIC ORDINANCE NUMBER 226 A DISTANCE OF 70 FEET MORE OR LESS TO THE EAST LINE OF THE BURLINGTON NORTHERN SANTA FE BNSF RAILROAD RWOIGAHFYT100 FEET IN WIDTH THENCE NORTH ALONG SAID EAST LINE OF THE BNSF RAILROAD RWOIGAHFYTTO A LINE pARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36 THENCE WEST ALONG LAST SAID PARALLEL LINE 100 FEET TO THE WEST LINE OF SAID BURLINGTON NORTHERN SANTA FE BNSF RAILROADRWOIGAFHYT THENCE NORTH ALONG SAID WEST LINE OF THE BNSF RAILROAD RWOIGAHFYTA DISTANCE OF 3280 FEET MORE OR LESS TO A LINE PARALLEL WITH AND 1884 FEET SOUTHERLY WHEN MEASURED ALONG THE WEST LINE OF SAID RAILROADRWOIGAFHYT FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36 THENCE EASTERLY ALONG LAST SAID PARALLEL LINE A DISTANCE OF 175 FEET MORE OR LESS TO THE EAST ROIGHFTWAYLINE OF EAST VALLEY HIGHWAYA STREET SE THENCE SOUTHERLY ALONG SAID EASTRWOIGAHFYTLINE A DISTANCE OF 150 FEET MORE OR LESS TO THE NORTH BANK OF THE WHITE RIVER STUCK RIVER Exhibit C Attachment 1 Resolution No 3644 1 of 2 THENCE NORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE OF 200 FEET MORE OR LESS TO THE LINE COMMON TO THE LANDS ANNEXED TO THE CITYOF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 AND THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EASTWM THENCE SOUTH ALONG SAID LINE COMMON TO THE LANDS ANNEXED TO THE CITYOF AUBURN BY CITYOF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 AND THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 31 A DISTANCE OF 700 FEET MORE OR LESS TO THE POINT OF BEGINNING SITUATE IN KING COUNTY WASHINGTON Exhibit C Attachment 1 Resolution No 3644 2of2 Attachment 2 CITY OF PACIFIC DESCRIPTION CROSSING EASTVALLEY HIGHWAY BEGINNING AT INTERSECTION OF THE EAST MARGIN OF THE EAST VALLEY HIGHWAYA STREET SOUTHEAST AND THE NORTH LINE OF TOWNSHIP 20 NORTH RANGE 5 EAST WMTHENCE SOUTHERLY ALONG SAID EAST MARGIN OF THE EAST VALLEY HIGHWAY A DISTANCE OF 50 FEET THENCE WEST TO THE EAST LINE OF THE BURLINGTON NORTHERN SANTA FE BNSF RAILROADRWOIGAHFYT100 FEET IN WIDTH THENCE NORTHERLY ALONG SAID EAST LINE OF THE BNSF RAILROAD RWOIGAHFYTA DISTANCE OF 150 FEET THENCE EAST TO SAID EAST MARGIN OF THE EAST VALLEY HIGHWAY THENCE SOUTHERLY ALONG SAID EAST MARGIN OF THE EAST VALLEY HIGHWAY A DISTANCE OF 100 FEET TO THE POINT OF BEGINNING SITUATE IN KING AND PIERCE COUNTIES WASHINGTON Exhibit C Attachment 2 Resolution No 3644 Page 1 of 1 EXHIBIT D CITY OF PACIFIC WASHINGTON FRANCHISE AGREEMENT WITH THE CITY OF AUBURN WHEREAS the City of Auburn Auburn and the City of Pacific Pacific have agreed to the adnnexeation a portion of property described in Attachment1 relating to among other things East Valley Highway EVH from the north end of the White River bridge to the PKieinrcge County line in which Auburn recognizes and agrees to Psacific right to access a portion of EVH near the PKieinrcge County line for ingress egress and utilities and WHEREAS Auburn and Pacific have entered into a Water Service Area Agreement which revised the boundary between their respective water service areas and WHEREAS the City of Auburn and Pacific have entered into an Emergency Water System Intertie Agreement and WHEREAS in order to maintain control over the use of City of Pacific rwoigahfyt by utilities operating within the City of Pacific it is appropriate to enter into franchise agreements with such utilities and WHEREAS City of Auburn is such a utility and has negotiated this franchise agreement with the City of Pacific acceptable to both parties and WHEREAS the City of Pacific has determined that it is in the best interests of the public to grant the City of Auburn a franchise on the terms and conditions set forth in this Agreement now therefore THE CITY COUNCIL OF THE CITY OF PACIFIC WASHINGTON DO ORDAIN AS FOLLOWS SECTION 1 DEFINITIONS Where used in this franchise Franchise the following definitions shall apply 1 Franchisee means the City of Auburn a Washington municipal corporation and its respective successors and assigns 12 City means the City of Pacific a Washington municipal corporation 13 Franchise Area means the Right of Way of A Street SE as described in Attachment 2 attached hereto which is by this reference incorporated as if fully set forth herein provided that the Franchise Area shall not include or convey any right to Franchisee to install facilities on or to otherwise use City owned or leased properties outside the Franchise Area Exhibit D Resolution No 3644 Page 1 of 11 14 Facilities means the Fsranchisee water system lines mains appurtenances and all other necessary or convenient facilities for the purpose of providing water service 15 Agreement means this Agreement setting forth the terms and conditions of the franchise granted to the Franchisee SECTION 2 FRANCHISE GRANT Subject to the terms and conditions set forth in this Agreement the City grants to the Franchisee the right for the construction and installation of water pipeline appurtenances and the excavation of trenches on City roads for the purposes of constructing installing operating maintaining removing and replacing mains and pipes and making connections between the same to the dwellings and other buildings of the consumers the Franchisee shall be governed by and conform to the general rules adopted by the Public Works Department of the City of Pacific and the Franchisee at no expense to the City shall complete all such work and shall replace and restore the City roads to a condition reasonably comparable to the condition of the City roads existing immediately prior to such disturbance PROVIDED HOWEVER that no such work shall be done prior to the obtaining of a permit therefor issued by the Csity Community Development Director hereinafter Director which permit shall set forth conditions pertaining to the work to be done and specifications for the restoration of the roads to the same condition as they were prior to such work If the Franchisee does not repair the City roads to the satisfaction of the Director the City may at its sole discretion repair such City roads or cause them to be repaired and the Franchisee hereby agrees to reimburse the City for the cost of such work including overhead costs SECTION 3 FRANCHISE TERM This Franchise is and shall remain in full force and effect for a period of tfwivenety 25 years from the effective date of this Agreement provided that this Franchise shall not take effect and the Franchisee shall have no rights under this Franchise unless the Franchisee files a written acceptance of this Franchise with the City pursuant to Section 4 of this Agreement SECTION 4 ACCEPTANCE BY GRANTEE OF TERMS AND CONDITIONS The full acceptance of this Franchise and all of its terms and conditions shall be filed with the City Clerk within ffoivrtey 45 days from the date of this Agreement by the Franchisee Full acceptance of this Franchise is a condition precedent to its taking effect and unless this Franchise is accepted within the time specified this grant will be null and void and have no force or effect SECTION 5 ENXCOLUSNIVE FRANCHISE This Franchise is not exclusive It does not prohibit the City from granting franchises for other public or private utilities in over along across and under any City property Exhibit D Resolution No 3644 Page 2 of 11 including the Franchise Area This Franchise does not prevent or prohibit the City from constructing altering maintaining or using any of the Franchise Area The City retains full power to make all changes relocations repair maintenance or other work to or in the Franchise Area as the City deems fit SECTION 6 JURISDICTIONS This Franchise is intended to convey limited rights and interest only as to those roads and rwoigahftysin which the City has an actual interest It is not a warranty of title or of interest in City road rwoigahftys None of the rights granted to the Franchisee shall affect the jurisdiction of the City over City road rwoigahftysor the Csity power to perform work upon its roadways rwoigahftysor appurtenant drainage facilities including by constructing altering renewing paving widening grading blasting or excavating SECTION 7 REGULATION OF USE AND CONTROL This Franchise does not deprive the City of any powers rights or privileges it now has or may later acquire in the future to regulate the use of and to control the City road rwoigahftys covered by this Franchise The City reserves the right and power at all times to exercise its police powers with respect to the time manner and location of the placement of the Fsranchisee Facilities SECTION 8 EMINENT DOMAIN This Franchise and the limited rights and interests granted by this Franchise are subject to the exercise of eminent domain In the event of an exercise of eminent domain by the City the value to be attributed to all the rights and interests granted under this Franchise shall not exceed the actual amount the Franchisee paid to the City in obtaining this Franchise SECTION 9 VACATION If at any time the City vacates any City rwoigahftyscovered by this Franchise the City will not be held liable for any damages or loss to the Franchisee by reason of such vacation The City may after giving thirty 30 days written notice to the Franchisee terminate this Franchise with respect to any City road or rwoigahftysvacated SECTION 10 ENFORCEMENT The Csity failure failure to enforce any provision of this Franchise does not constitute a waiver of its right to enforce that provision or any other provision of this Franchise SECTION 11 INDEMNITIES AND HOLD HARMLESS 111 The Franchisee shall defend indemnify and hold harmless the City its appointed and elected officials and its employees and agents from and against liability for all claims actions injuries demands liabilities losses costs damages and judgments including costs of defense thereof collectively referred to as damages for injury to persons death or property damage caused by arising out of or incidental Exhibit D Resolution No 3644 Page 3 of 11 to the Fsranchisee exercise of the rights and privileges granted by this Franchise except for damages caused by or arising out of the Csity sole negligence In the event that any such claim or demand for damages is presented to or filed with the City or if any suit or action is initiated against the City based on such claims or demands for damages the City shall promptly notify the Franchisee of the claim demand suit or action and the Franchisee shall have the right at its election and its sole cost and expense to settle and compromise such claim demand suit or action or defend the same at the Fsranchisee sole cost and expense 11 2 If it is determined that RCW 124145 applies to this Franchise the Franchisee agrees to defend höld harmless and indemnify the City to the maximum extent permitted under that statute and specifically for the Fsranchisee negligence concurrent with that of the City to the full extent of the Fsranchisee negligence SECTION 12 INSURANCE 112 The Franchisee being a municipality in the State of Washington shall be isnseurelfd through the Washington Cities Insurance Association WCIA If required by Pacific Auburn shall request the WCIA to provide Pacific with a letter sent from the WCIA evidencing such an insurance policy to be in force 122 The insurance shall be maintained in full force and effect at the Fsranchisee sole expense throughout the term of the Franchise The City shall be given at least ffoivrtey 45 days written notice that the Franchisee is no longer a member of the WCIA Such notice to the City shall be by certified mail sent to City of Pacific Public Works Dept 100 3rd SE Pacific Washington 98047 132 The coverage provided by Asuburn insurance policies shall be primary to any insurance maintained by Pacific except as to losses or damages attributable to the sole negligence of Pacific Any insurance maintained by Pacific that might relate to this Franchise shall be in excess to Asuburn insurance and shall not contribute with or to it Pacific has no obligation to report occurrences to to the insurance companies unless a claim is filed with Psacific City Council and Pacific has no obligations to pay Asuburn premiums 142 The Franchisee shall be solely and completely responsible to perform all work related to this Franchise in compliance with all applicable federal state county and city statutes rules regulations ordinances orders and codes The Fsranchisee attention is directed to the requirements of the Washington Industrial Safety and Health Act Chapter 1479RCW The Franchisee shall be solely and completely responsible for safety and safety conditions on its job sites and for its work within the Franchise Area including the safety of all persons and property during performance of any works therein The services of the City or Csity consultant personnel in conducting construction review of the Fsranchisee work relating to the Franchise is not intended to include review of the adequacy of the Fsranchisee work methods equipment scaffolding or trenching or safety measures in on or near such Franchise Area or job site The Franchisee shall provide safe access for the City and its inspectors to Exhibit D Resolution No 3644 Page 4of 11 adequately inspect the work and its conformance with applicable statutes ordinances rules regulations and the Franchise SECTION 13 INSTALLATION REPAIR REMOVAL OR RELOCATION 113 The Franchisee shall at no expense to the City expeditiously repair all existing Facilities that it owns within the Franchise Area including any damage caused directly or indirectly by its Facilities all appurtenant Facilities and service lines connecting its system to users if the City requires such repair for any reasonable purpose123 The Franchisee shall at no expense to the City adjust remove or relocate existing Facilities within the Franchise Area including all appurtenant Facilities and service lines connecting its system to users if the City determines such adjustment removal or relocation is reasonably necessary to allow for an improvement or alteration planned by the City The City shall give the Franchisee written notice of such requirement as soon as practicable The written notice shall include all available information such as plans and specifications as is reasonably necessary for the Franchisee to plan for such adjustment removal or relocation 133 Fsranchisee Facilities shall be constructed installed maintained and repaired within the Franchise Area so as to provide safety of persons and property and not interfere with the free passage of traffic all in accordance with the laws of the State of Washington and the ordinances resolutions rules and regulations of the City 143 For projects that are a part of the Csity capital improvement program in addition to any other notice given to the Franchisee the City shall provide a vertical and horizontal profile of the roadway and drainage facilities within it both existing and as proposed by the City and the proposed construction schedule The initial design information shall be given at least thirty 30 days before construction is scheduled to begin except in cases of urgent construction or emergencies The Franchisee shall respond to this notice and to any later notices of revised designs within twenty 20 days of the date of the notice by providing to the City the Fsranchisee best available information as to the location of all the Fsranchisee Facilities including all appurtenant Facilities and service lines connecting its system to users and all Facilities that it has abandoned within the area proposed for the project 153 The City shall offer the Franchisee the opportunity to participate in the preparation of bid documents for the selection of a contractor to perform the public works project as well as all required adjustments removals or relocations of the Fsranchisee Facilities The City shall have sole authority to choose the contractor to perform such work Such bid documents shall provide for an appropriate cost allocation between the parties In addition to the Fsranchisee allocation of contractor costs the Franchisee shall reimburse the City for all costs to include but not be limited to legal engineering inspections administration aonrd soils testing related to the Fsranchisee work and reasonably incurred by the City in the administration of such joint construction contracts Such costs shall include the direct salary cost of the time of City professionall Exhibit D Resolution No 3644 Page 5 of 11 and technical personnel including the Csity consultants spent productively engaged in such work plus overhead costs at the standard rate charged by the City on other similar projects 163 It is understood that emergency situations may arise that could threaten public health aonrd continued operation of the Fsranchisee utility system and the Franchisee may be unable to notify the City in the manner prescribed in Section 14 of this Franchise In such a situation the Franchisee shall immediately correct the hazardous situation and continue to use best efforts to contact the City staff The Emergency Phone Number for the City of Pacific is1291251390and the City of Auburn is3290354138 Dialing 911 is advised for emergency situations SECTION 14 REQUIREMENT OF CONSTRUCTION PERMITS 114 The Franchisee has the right privilege and authority to enter the City road rwoigahftysfor the purpose of constructing installing operating maintaining replacing or repairing its Facilities on the condition that it obtains construction excavation and rwoigahfyt use permits issued by the City Any work performed whether by Franchisee its contractors or third parties shall include necessary paving patching grading and any other reasonably necessary repair or restoration to the City rwoigahftys All work shall be done to the Csity satisfaction 124 All equipment lines and appurtenances which are used in the construction installation operation maintenance or repair of the Fsranchisee Facilities and which are located within the City road rwoigahftysand owned by the Franchisee shall be considered to be part of the Fsranchisee system and shall be the responsibility of the Franchisee All permits for the construction installation operation maintenance or repair of the Fsranchisee system shall be applied for and given in the name of the Franchisee who will be responsible for all work done under the permit The Franchisee remains responsible whether the work is performed by the Franchisee its contractors or by third parties 134 When required by the Director the Franchisee shall post a bond to the City in the amount sufficient for any road repair or restoration The amount of the bond shall be set by the City and must be filed with the City before a permit will be issued SECTION 15 PERFORMANCE OF WORK 115 Any work performed by the Franchisee in the Franchise Area shall conform to all City ordinances and requirements including but not limited to Chapter 123PMC and the Csity Road Standards in force when the work is performed All traffic control shall conform to the current edition of the Uniform Traffic Control Devices in force when the work is performed 125 If work performed under this Franchise makes it necessary to turn off or diminish water pressure to any fire hydrant the Franchisee shall notify the Csity Fire Department by telephone and by written notice that water pressure or fire flow conditions have been affected Except in the case of an emergency the notice shall be Exhibit D Resolution No 3644 Page 6 of 11 provided at least 48 hours prior to the water pressure being turned off or diminished If more than one fire hydrant will be affected the Franchisee shall provide a map of the affected area to the Fire Department sOoervuicfetfire hydrants must be marked to indicate that it is not operational SECTION 16 RESTORATION OF CITY RWOIGAHFTYS After performing workon under or adjacent to City road rwoigahftysthe Franchisee is responsible for and shall leave all City road rwoigahftys in a condition reasonably comparable to the condition of the City roads rwoigahftysexistin g immediately prior to such disturbance If the Franchisee its contractors or third parties working under permit should fail to diligently restore City road rwoigahftysto the satisfaction of the City the City may make such repairs or restorations as are necessary to return the City road rwoigahftysto a condition reasonably comparable to the condition of the City roads rwoigahftys existing immediately prior to such disturbance Upon presentation of an itemized bill for repairs or restorations including all applicable costs both direct and indirect to include but not be limited to the cost of labor tools materials and equipment the Franchisee shall pay the bill within fsiivxtey 65 days SECTION 17 GUARANTEE The Franchisee shall guarantee work and materials furnished and completed by the Franchisee under this Franchise for a period of two 2 years from the date the City approves the workaonrd restoration SECTION 18 INFORMATION ON LOCATION OF FACILITIES Prior to the effective date of this Agreement the Franchisee shall provide the City with all information requested by the City regarding the location of the Fsranchisee current Facilities including but not limited to copies of all record drawings for such Facilities If the Franchisee performs any work to install repair reconstruct or replace Facilities in the Franchise Area after this Asgreement effective date the Franchisee shall provide the City with all information requested by the City regarding the location of those Facilities including but not limited to copies of record drawings SECTION 19 COORDINATION OF WORK IN FRANCHISE AREA To facilitate the coordination of work in Cityrwoigahftysif either the Franchisee or the City plans to make excavations in the Franchise Area the party planning such excavation shall provide written notice to the other of the planned excavation affording the other party the opportunity to share in the excavation provided that 1 such joint use shall not unreasonably delay the work of the party causing the excavation to be made 2 such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties and 3 either party may deny such request for safety reasons Exhibit D Resolution No 3644 Page 7 of 11 SECTION 20 REIMBURSEMENT OF COSTS The Franchisee shall reimburse and pay to the City the amount of actual administrative expenses incurred by the City which are directly or indirectly related to the receipt review and approval of this Franchise In the event of pnayomennt thereafter the Franchisee shall pay the Csity reasonable attorneys fees and other costs incurred in collecting such amount Payment must be made within fsiivxtey 65 days of the Fsranchisee receipt of the Csity billlinvoice If payment is not paid in full within the fsiivxtey 65 days this Franchise shall become null and void SECTION 21 BLASTING REQUIREMENTS The Fsranchisee right to construct install operate maintain and repair Facilities does not preclude the City its agents or contractors from blasting grading or doing other road work contiguous to the Fsranchisee Facilities When practical the City shall give the Franchisee feoigrthyt48 hours notice of blasting or excavating SECTION 22 SURVEY MARKERS AND MONUMENTS Before any work is performed performed under this Franchise the Franchisee shall establish two or more reference marks to all monuments and markers of every nature relating to subdivisions plats rwoigahftysand all other surveys The reference points shall be located so that they will not be disturbed during any of Fsranchisee operations under this Franchise The method of referencing monuments or other markers or points shall be approved by the City before placement The replacement of all markers or monuments disturbed during any construction of the Franchisee shall be made as promptly as conditions permit The cost of monuments or markers lost destroyed or disturbed and the expense or replacement with approved markers or monuments shall be borne by the Franchisee SECTION 23 RESERVATION OF RIGHTS The City reserves the right upon thirty 30 days written notice to the Franchisee to amend or modify the provisions or conditions of this Franchise to conform to any state county federal or city statute ordinance rule or regulation The City may terminate this Franchise upon thirty 30 days written notice to the Franchisee if the Franchisee fails or refuses to comply with such amendment or modification SECTION 24 ASSIGNMENT The Franchisee shall not have the right to assign this Franchise without the written consent of the City No assignment shall be effective unless an acceptance by the assignee of all rights conditions terms provisions and responsibilities contained within the Franchise as well as surety bonds which the City deems necessary to be posted are received The Csity approval of the assignment may be made subject to the asssignee acceptance of new or modified terms of the Franchise Exhibit D Resolution No 3644 Page 8 of 11 SECTION 25 PENALTV FOR VIOLATION OF CONDITIONS If the Franchisee fails to comply with any material term condition or responsibility under this Franchise the City may provide the Franchisee with written notice of the Csity intent to revoke the Franchise if the Fsranchisee failure is not cured within thirty 30 days of the date of the notice During the thirty 30 days following the date of the notice the Franchisee shall have the opportunity to remedy the failure to comply A public hearing shall be scheduled before the Pacific City Council at least thirty 30 days following the notification on the issue of the revocation If at the hearing the City Council finds that grounds exist to revoke the Franchise under this paragraph and that the revocation is in the public interest the City Council may by Agreement revoke the Franchise The revocation shall be effective ninety 90 days after the public hearing SECTION 26 EXPIRATION AND RENEWAL 216 If the Franchisee requests a renewal of this Franchise prior to its expiration date the City may at the Csity sole discretion extend the term of this Franchise for up to one year beyond the expiration date to allow for processing of the renewal If the City elects to extend the term of this Franchise written notice of the extension shall be provided to the Franchisee prior to the Franchise expiration date 226 If the Franchisee has not requested a renewal of this Franchise prior to its expiration date the City has the right upon thirty 30 dsay prior notice to the Franchisee to remove or relocate any of the Fsranchisee Facilities as is reasonably necessary for the psublic health welfare or safety or for the construction alteration or improvement of the Franchise Area or for the construction or installation of lines or facilities of other franchise holders The Franchisee shall be liable for costs incurred in any removal or relocation of the Fsranchisee Facilities under this section 236 Upon the expiration of this Franchise the Franchisee shall continue to be responsible for the operation and maintenance of the Fsranchisee existing facilities in the Franchise Area but shall not have the right to provide additional services This Section and Sections 11 13 14 15 16 19 and 22 of this Franchise shall continue in force until such time as the Fsranchisee Facilities are removed from the Franchise Area or abandoned in place with approval of the City SECTION 27 COMPLIANCE WITH LAWS The Franchisee shall conform to all applicable federal state and local laws and regulations including but not limited to the State Environmental Policy Act and the Csity Environmental Standards and Ordinances SECTION 28 DNISCROIMINANTION CLAUSES In all hiring or employment made possible or resulting from this Franchise there shall be no discrimination against any employee or applicant for employment because of sex sexual orientation age race color national origin marital status or the presence of any Exhibit D Resolution No 3644 Page 9 of 11 sensory mental or physical handicap unless based upon a bona fide occupation qualification No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this agreement on the grounds of sex sexual orientation race color national origin age except minimum age and retirement provisions marital status or the presence of any sensory mental or physical handicap SECTION 29 NOTICES Any notice or information required or permitted under this Franchise may be sent to the following addresses unless otherwise specified City of Pacific City Community Development Director 100 3rd AvenueSE Pacific Washington 98047 1291251390 City of Auburn City Engineer 25 West Main Street Auburn WA 948909081 3290351130 SECTION 30 ATTORNEYS FEES If either party commences litigation against the other party relating to the performance or alleged breach of this Franchise the prevailing party shall be entitled to all costs including reasonable attorneys fees fees incurred relating to such litigation including those incurred in any appeal SECTION 31 SEVERANCE If any term provision condition or portion of this Franchise is held to be invalid such invalidity shall not affect the validity of the remaining portions of this Franchise which shall continue in full force and effect unless the dominant purpose of the Franchise would be prevented or the public interest would no longer be served as determined by the City SECTION 32 EFFECTIVE DATE This Agreement having been introduced at least five days prior to its date of passage and submitted to the city attorney and being approved by at least a majority of the entire city council at a regular city council meeting shall take effect and be in force five days after its passage approval and publication as required by law SECTION 33 EXISTING UTILITIES This Franchise shall govern Fsranchisee new and existing Facilities within the City of Pacific Exhibit D Resolution No 3644 Page 10 of 11 IN WITNESS WHEREOF the parties have executed this Agreement effective as of the date last written below CITY OF AUBURN King Cou shington CITY OF PACIFIC King County Washington tvJj1joe77 HOWARD ERICKSON MAYOR 1 Date C IiJj PETER B LEWIS MAYOR —CT J — 2003 Date AATTEST TjTEST Danielle E Daskam CMC City Clerk Exhibit D Resolution No 3644 Page 11 of 11 ATTACHMENT 1 ANNEXATION LEGAL DESCRIPTION AREA IN VICINITY OFASTREET SOUTHEAST EAST VALLEY HIGHWAY AND LAKELAND HILLS WAY SOUTHEAST THAT PORTION OF GOVERNMENT LOTS 3 AND 4 IN THE SOUTHWEST QUARTER OF SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EASTW MAND THE EAST HALF OF SECTION 36 TOWNSHIP 21 NORTH RANGE 4 EASTWMDESCRIBED AS FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3 IN SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EASTWMSAID CORNER ALSO BEING AN ANGLE POINT IN THE WEST BOUNDARY OF THE LANDS ANNEXED TO THE CITYOF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CITY OF PACIFIC ANNEXATION ORDINANCE NUMBER 319 THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 AND THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 319 A DISTANCE OF 1280 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3 THENCE SOUTH ALONG THE EAST LINE LINE OF SAID GOVERNMENT LOTS 3 AND 4 AND THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITYOF PACIFIC ORDINANCE NUMBER 319 TO THE SOUTHEAST CORNER OF SAID CITY OF PACIFIC ORDINANCE 319 AND TO A LINE PARALLEL WITH AND 825 FEET NORTHERLY OF THE SOUTH LINE OF SAID GOVERNMENT LOT 4 THENCE WEST ALONG THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITYOF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 319 AND ALONG SAID PARALLEL LINE A DISTANCE OF 1300 FEET MORE OR LESS TO THE WEST LINE OF SAID SECTION 31 THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 31 AND THE BOUNDARY COMMON TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 TO THE SOUTHWEST CORNER OF SAID SECTION 31 THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 36 TOWNSHIP 21 NORTH RANGE 4 EAST AND ALONG THE SOUTH LINE OF THE LANDS ANNEXED TO THE CITYOF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 A DISTANCE OF 70 FEET MORE OR LESS TO THE EAST LINE OF THE BURLINGTON NORTHERN SANTA FE BNSF RAILROADRWOIGAHFYT100 FEET IN WIDTH THENCE NORTH ALONG SAID EAST LINE OF THE BNSF RAILROAD RWOIGAHFYTTO A LINE PARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36 THENCE WEST ALONG LAST SAID PARALLEL LINE 100 FEET TO THE WEST LINE OF SAID BURLINGTON NORTHERN SANTA FE BNSF RAILROADRWOIGAFHYT THENCE NORTH ALONG SAID WEST LINE OF THE BNSF RAILROAD RWOIGAHFYTA DISTANCE OF 3280 FEET MORE OR LESS TO A LINE PARALLEL WITH AND 1884 FEET SOUTHERLY WHEN MEASURED ALONG THE WEST LINE OF SAID RAILROAD RWOIGAFHYT FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36 THENCE EASTERLY ALONG LAST SAID PARALLEL LINE A DISTANCE OF 175 FEET MORE OR LESS TO THE EAST ROIGHFT WAY LINE OF EAST VALLEY HIGHWAYA STREETSE THENCE SOUTHERLY ALONG SAID EASTRWOIGAHFYTLINE A DISTANCE OF 150 150 FEET MORE OR LESS TO THE NORTH BANK OF THE WHITE RIVER STUCK RIVER Exhibit D Attachment 1 Resolution No 3644 1 of 2 THENCE NORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE OF 200 FEET MORE OR LESS TO THE LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITYOF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 AND THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EASTWM THENCE SOUTH ALONG SAID LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITYOF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 AND THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 31 A DISTANCE OF 700 FEET MORE OR LESS TO THE POINT OF BEGINNING SITUATE IN KING COUNTY WASHINGTON Exhibit D Attachment 1 Resolution No 3644 2of2 ATTACHMENT 2 PORTION OFASTREET SOUTHEAST WITHIN THE CITY OF PACIFIC IN THE NE QUARTER OF SECTION 36 TWP 21N R4EWM THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 36 TOWNSHIP 21 NORTH RANGE 4 EASTWMDESCRIBED AS FOLLOWS BEGINNING ATTHE SOUTHEAST CORNER OF THE LANDS ANNEXED TO THE CITYOF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 1171 SAID CORNER BEING ON THE EAST MARGINAL LINE OF THE EAST VALLEY HIGHWAY ALSO KNOWN AS STATE HIGHWAY N5OAND AS ASTREET SOUTHEAST THENCE SOUTHWESTERLY 600 FEET MORE OR LESS ALONG SAID EAST MARGINAL LINE TO A LINE PARALLEL WITH AND 1884 FEET SOUTHERLY WHEN MEASURED ALONG THE WEST LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROADRWOIGAFHYTFROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36 THENCE WESTERLY ALONG SAID PARALLEL LINE TO THE WESTERLY ROIGHFTWAY LINE OF SAID EAST VALLEY HIGHWAYA STREETSE THENCE NORTHERLY ALONG SAID WESTERLY RWOIGAHFYTLINE A DISTANCE OF 600 FEET MORE OR LESS TO THE SOUTH LINE OF SAID LANDS ANNEXED UNDER CITYOF AUBURN ORDINANCE NUMBER 1171 THENCE EASTERLY ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING SITUATE IN KING COUNTY WASHINGTON Exhibit D Attachment 2 Resolution No 3644 Page 1 of 1 Exhibit E INTERLOCAL AGREEMENT regarding the PROPOSED VISTA HEIGHTS DEVELOPMENT AT LAKELAND City of Pacific and City of Auburn This Agreement is entered into between the City of Pacific a municipal corporation under the laws of Washington State hereinafter referred to as Pacific and the City of Auburn a municipal corporation formed under the laws of Washington State hereinafter referred to as Auburn WHEREAS Pacific and Auburn have agreed that Auburn will assume SEPA lead agency responsibilities for a proposed residential development known as Vista Heights at Lakeland hereinafter referred to as the Development that is situated on adjoining parcels one with tax identification number 3910210085 hereinafter referred to as Site 7 in Pacific and one with tax identification number 3910210065 hereinafter referred to as Site8 in Auburn and WHEREAS Pacific and Auburn have agreed that Site 7 will be annexed into Auburn and WHEREAS Pacific and Auburn previously executed an Interlocal Agreement dated July 24 2000 regarding Emergency Fire Flow Protection for Site 7 from Auburn and domestic water service for Site 7 from Pacific and WHEREAS upon completion of the Annexation Site 7 will be served with water for domestic use and emergency fire flow protection by Auburn NOW THEREFORE IT IS MUTUALLY AGREED as follows 1 The Interlocal Agreement regarding Emergency Fire Flow Protection for the Proposed Vista Heights Development At Lakeland City ofPacific and City ofAuburn is superceded by this agreement 2 Pacific shall be responsible for collecting Asuburn traffic mitigation fee of67717 per single family residential lot if building permits are issued by Pacific prior to the completion of the annexation and the funds will be transmitted to Auburn 3 Auburn shall be responsible for collecting Psacific parks mitigation fee of60000 perfsainmgilley residential lot as authorized by applicable Pacific SEPA finding Ordinance or Resolution if building permits are issued by Auburn subsequent to the completion of the annexation and the funds will be transmitted to Pacific Exhibit E Resolution No 3644 Page 1 of 2 4 Pacific shall be responsible for assisting Auburn in obtaining clear title to the storm water facilities and the underlying property that store and treat public storm water 5 Each participant to this Agreement shall indemnify and hold the other harmless from and against any liability loss cost damage or expense of any kind and nature arising out of injury to person or damage to property in any manner caused by the negligent act or omission of the indemnifying individual participant to this Agreement in the performance of its work or execution of its obligations under the terms of this Agreement Each participant to this Agreement shall indemnify and hold the other harmless from all damages which may occur as a result of any failure to comply with the provisions of Chapter 082 RCW or other applicable law 6 Should a dispute arise between the parties that cannot be resolved satisfactorily a mediator mutually acceptable to the parties shall resolve the dispute through the use of mediation at equal cost to each each party Should the Parties not be able to satisfactorily resolve the dispute through mediation the forum for resolution shall be the King County Superior Court The prevailing party shall be entitled to attorney fees and costs IN WITNESS WHEREOF the parties have executed this Agreement effective as of the date last written below CITY OF PACIFIC King County Washington l PETER B LEWIS MAYOR tld H RWICAKSRODN MAYOR i J Date CiJYtI i Û3ß Date OCT 2 — 2003 Jàlruf Danielle E Daskam CMC City Clerk ATTEST ATTEST APP ED ASIt PT AlbertA Abuan City Attorney Exhibit E Resolution No 3644 Page 2 of 2 Return Address City of Auburn City Clerk 25 West Main Auburn WA 98001 Exhibit F Above this line reserved for recording information BILL OF SALE Reference if applicable BGorraronwtoerr BAGesrnsaeignficntieaereey Legal DescriptionlSTR Asssessor Tax Parcel ID NACity of Pacific City of Anburn SWY02351E E 1 023416E 3910201234101456785 9064568 396021124500457894 9068 3960211084 9045 3036548400 to21 rtvWT lIWlo2sY KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the relocation of the water system Emergency Intertie Facility and for the consideration of incorporating the facility into the City system and other good and sufficient consideration receipt whereof is hereby acknowledged the undersigned Grantor City of Pacific a Municipal Corporation in King County Washington does by these presents hereby convey setover assign transfer and warrant to the City of Auburn a Municipal Corporation in King County Washington STREETS Lakeland Hills Way Lakeland Hills Way East Valley Highway Oravetz Rd Oravetz Place SE S 376th ST 775 LF of 72 foot wideROW 725 LF of 60 foot wide ROW 2650 LF of 70 foot wide ROW 744 LF of60foot wide ROW 1030 LF of 10 wide ROW 120 LF of30 foot wide ROW Exhibit F Resolution No 3644 Page 1 of3 STREETLIGHTS Lakeland Hills Way East Valley Highway Oravetz Rd WATER MAIN Lakeland Hills Way East Valley Highway Oravetz Rd Oravetz Place SE 7 each4w0a0ttluminaire 4 each2w5a0ttluminaire 6 each4w0a0ttluminaire 4 each2w5a0ttluminaire I each IwSaOttluminaire 6150 LF of i1nc2h pipe 0200 LF of i1nc2h pipe 900 LF ofi1nc2h pipe 2150 LF of i1nc2h pipe PRESSURE REDUCING STATION Lakeland Hills Way One Water Pressure Reducing Station STORM SEWER Lakeland Hills Way East Valley Highway Oravetz Rd 920 LF ofi2nc4h 740 LF ofi1nc8h 380 LF of i1nc2hstonn pipe 141 LF ofi2nc4h 4105 LF of i1nc2h 37 LF of8inch stonn pipe 900 LF ofi2nc4h and 156 LF of i1nc2hstonn pipe STORM DETENTION PONDS Lakeland Hills Way Detention Pond1Detention Pond 2and 130 LF ofi2nc4h stonn pipe BRIDGE East Valley Highway White Stuck River Bridge and all appurtenances or any other associated public facility as shown on the public facility extension plans constructed by Public or Private entities associated with the Pacific Annexation Situated within the following described real property See ATTACHMENTS I and 2 ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF and the said Grantor hereby warrants that it is the sole owner of all the property above conveyed that it has full power to convey the same and that it will defend the title ofthe said Grantee against any and all persons lawfully making claim thereto and indemnify the City ofAuburn for any costs including Attorney fees in defending title Exhibit F Resolution No 3644 Page 2 of3 IN WITNESS WHEREOF the Grantor has executed these presents this0day ofctDft 2003 bJ Mayor Ödökt I2X Date VALASTOF tj10JCity Attorney STATE OF WASHINGTONss County of King On thisday of 0tcD 2003 before me the undersigned a Notary Public in a or the State ofWashington personally aarpepdLÛfJOot S D and ijliM 1¯b to me known to be the Mayor an City Clerk of the City of Pacific the municipal corporation of the State of Washington in the forgoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned and on oath stated that they are authorized to execute said instrument on behalf of said municipal corporation IN WITNESS WHEREOF Ihave hereto set my hand and affixed my official seal the date hereinabove set forth iM1ï 1A lA A6 rio çn1I f ExhibitF Resolution No 3644 Page 3 00 tŁNtIIoPpo aNroypublictahneSt of Washington rdemsgat À M My appointment expires 1 ATTACHMENT 1 PROPOSED ANNEXATION LEGAL DESCRIPTION AREA IN VICINITY OFASTREET SOUTHEAST EAST VALLEY ROAD AND LAKELAND HILLS WAY SOUTHEAST THAT PORTION OF GOVERNMENT LOTS 3 AND 4 IN THE SOUTHWEST QUARTER OF SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST W M AND THE EAST HALF OF SECTION 36 TOWNSHIP 21 NORTH RANGE 4 EAST WM DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3 IN SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST WM SAID CORNER ALSO BEING AN ANGLE POINT IN THE WEST BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CITY OF PACIFIC ANNEXATION ORDINANCE NUMBER 319 THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 AND THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 319 A DISTANCE OF 1280 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3 THENCE SOUTH ALONG THE EAST liNE OF SAID GOVERNMENT LOTS 3 AND 4 AND THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 319 TO THE SOUTHEAST CORNER OF SAID CITY OF PACIFIC ORDINANCE 319 AND TO A LINE PARALLEL WITH AND 825 FEET NORTHERLY OF THE SOUTH LINE OF SAID GOVERNMENT LOT 4 THENCE WEST ALONG THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 319 AND ALONG SAID PARALLEL LINE A DISTANCE OF 1300 FEET MORE OR LESS TO THE WEST LINE OF SAID SECTION 31 THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 31 AND THE BOUNDARY COMMON TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 TO THE SOUTHWEST CORNER OF SAID SECTION 31 THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 36 TOWNSHIP 21 NORTH RANGE RANGE 4 EAST AND ALONG THE SOUTH LINE OF THE LANDS ANNEXED TO THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 A DISTANCE OF 70 FEET MORE OR LESS TO THE EAST LINE OF THE BURLINGTON NORTHERN SANTA FE BNSF RAILROADRWOIGAHFYT100 FEET IN WIDTH THENCE NORTH ALONG SAID EAST LINE OF THE BNSF RAILROAD RWOIGAHFYTTO A LINE PARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36 Exhibit FAttachment I Resolution No 3644 Page of2 THENCE WEST ALONG LAST SAID PARALLEL LINE 100 FEET TO THE WEST LINE OF SAID BURLINGTON NORTHERN SANTA FE BNSF RAILROADRWOIGAFHYT THENCE NORTH ALONG SAID WEST LINE OF THE BNSF RAILROAD RWOIGAHFYTA DISTANCE OF 3280 FEET MORE OR LESS TO A LINE PARALLEL WITH AND 1884 FEET SOUTHERLY WHEN MEASURED ALONG THE WEST LINE OF SAID RAILROAD ROIGHFT WAY FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36 THENCE EASTERLY ALONG LAST SAID PARALLEL LINE A DISTANCE OF 175 FEET MORE OR LESS TO THE EAST ROIGHFT WAYLINE OF EAST VALLEY HIGHWAYNSTREET SE THENCE SOUTHERLY ALONG SAID EAST RWOIGAFHYTLINE A DISTANCE OF 150 FEET MORE OR LESS TO THE NORTH BANK OF THE WHITE RIVER STUCK RIVER THENCE NORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE OF 200 FEET MORE OR LESS TO THE LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 AND THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST WMTHENCE SOUTH ALONG SAID LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 AND THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 31 A DISTANCE OF 700 FEET MORE OR LESS TO THE POINT OF BEGINNING SITUATE IN KING COUNTY WASHINGTON Exhibit FAttachment 1 Resolution No 3644 Page 202 F˜p ¨II ATACHMENT2 d If i y if1 JOHTOY JOPHTOYI SCALE I j 500 t Exhibit F Attachment 2 Resolution No 3644 Page 1 of 1 EXHIBIT G AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF PACIFIC FOR MAINTENANCE AND OPERATION SERVICES ON A STREET SE Pursuant to the Interlocal Cooperation Act codified as RCW 349this Agreement is made and entered into this day by and between the CITY OF AUBURN hereafter called AUBURN and the CITY OF PACIFIC hereafter called PACIFIC to provide Right of Way maintenance and operation services on A Street SE as legally described on Attachment 1 and shown on Attachment 2 WHEREAS PACIFIC will not have the organization and personnel to provide Right of Way maintenance and operation services at the stated location and WHEREAS PACIFIC desires to provide quality maintenance and operation activities for ist Right of Way and WHEREAS AUBURN is able to provide such maintenance and operation services for PACIFIC and WHEREAS it is for the public benefit that AUBURN and PACIFIC cooperate to provide safe and effective maintenance and operation activities and NOW THEREFORE AUBURN and PACIFIC hereby agree Exhibit G Resolution 3N6O44 Page 1 of4 1 BASIC SERVICES AUBURN will provide maintenance and operation activities at the area legal activities described in Attachment 1 and shown on Attachment 2 A Locate underground facilities for utilities or other digging operations except the Pacific waterlines B Maintain public storm drainage facilities C Maintain the existing street light system D Maintain subgrade pavement and pavement markings E Maintain signing per the Manual of Uniform Traffic Control Devices 2 AUBURN AND PACIFIC COORDINATION AUBURN will identify a contact person to handletdoayoperational problems related to the Basic Services PACIFIC will identify a contact person for the same purposes Emergency work to protect the public safety will be handled as the AUBURN contact person deems necessary 3 PERSONNEL AND EQUIPMENT A AUBURN is acting herein as an independent contractor so that 1 Control of personnel standards of performance discipline and all other aspects of performance shall be governed entirely by AUBURN 2 Except as described in Sections3Cbelow all persons rendering services hereunder shall be for all purposes employees of AUBURN B AUBURN shall furnish all personnel resources and materials deemed by AUBURN as necessary to provide maintenance services as outlined in Section 1 above C In the event AUBURN uses contract services to perform one or more of the Basic Services for PACIFIC the appropriate supervision and inspection of the csontractor work will be performed by AUBURN Exhibit G Resolution 3N64o4 Page 2 of 4 4 PSACIFIC RESPONSIBLlTIES In support of AUBURN providing services for PACIFIC in Sections 1 and 2 PACIFIC shall A Authorize AUBURN to perform maintenance services outlined in Section 1 within the City Limits of PACIFIC for the purposes of carrying out this Agreement B PACIFIC will adopt by reference all AUBURN codes necessary to provide authority for AUBURN to perform service of this Agreement 5 INDEMNIFICATION A In executing this Agreement AUBURN does not assume liability or responsibility for or in any way release PsACIFIC responsibility or liability which arises in part from the existence validity or effect of PsACIFIC ordinances rule or regulations In any such cause claim suit action and administration proceeding commences PACIFIC shall defend the same at its sole expense and if judgment is entered or damages are awarded against PACIFIC AUBURN or both PACIFIC shall satisfy the sam3e including chargeable costs and asttorney fees B PACIFIC shall indemnify and hold harmless AUBURN and its officers agents and employees from and against any and all claims actions suits liability loss costs and expense and damages of any nature whatsoever which are caused by or result from a negligent act or omission of AUBURN ist officers agents and employees in performing services pursuant to this Agreement 6 DNISCROIMINANTION AUBURN and PACIFIC certify that both agencies are equal opportunity employers 7 AUDITS AND INSPECTIONS All records and documents with respect to this Agreement shall be subjected to inspection review or audit by AUBURN or PACIFIC for the duration of this Agreement 8 AMENDMENTS The Agreement may be amended in writing at any time by mutual agreement of both parties Exhibit G Resolution 3N6O44 Page 3 of 4 9 ENTIRE AGREEMENT The two parties agree that this Agreement is a complete expression of the terms hereto and any oral representations or understandings are not incorporated herein 10 AGREEMENT ADMINISTRATION The parties shall appoint representatives to review Agreement performances and resolve problems which cannot be dealt with by PACIFIC and AsUBURN contact persons 11 INVALID PROVISIONS If any provision of this Agreement is held invalid the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purpose and objective of the parties IN WITNESS WHEREOF the parties have executed this Agreement effective as of the date last written below CITY OF AUBURN Ki untyton CITYOF PACIFIC King County Washington Date —CTJ 0 1 1eY2zlIC71 HOWARD ERICKSON MAYOR I c Date CDel ATTEST ØJ1d Danielle E Daskam CMC City Clerk AP Daniel B Heid City Attorney AEDAS950 4 lv0L IItic AlbertA Abuan City Attorney Exhibit G Resolution 3N6O44 Page 4 of 4 ATTACHMENT 1 PORTION OF ASTREET SOUTHEAST WITHIN THE CITY OF PACIFIC IN THE NE QUARTER OF SECTION 36 TWP 21N R4EWM THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 36 TOWNSHIP 21 NORTH RANGE 4 EASTWMDESCRIBED AS FOLLOWS BEGINNING ATTHE SOUTHEAST CORNER OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 1171 SAID CORNER BEING ON THE EAST MARGINAL LINE OF THE EAST VALLEY HIGHWAY ALSO KNOWN AS STATE HIGHWAY N5OAND AS ASTREET SOUTHEAST THENCE SOUTHWESTERLY 600 FEET MORE OR LESS ALONG SAID EAST MARGINAL LINE TO A LINE PARALLEL WITH AND 1884 FEET SOUTHERLY WHEN MEASURED ALONG THE WEST LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROADRWOIGAFHYTFROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36 THENCE WESTERLY ALONG SAID PARALLEL LINE TO THE WESTERLY ROIGHFTWAY LINE OF SAID EAST VALLEY HIGHWAYfSTREET SE THENCE NORTHERLY ALONG SAID WESTERLY RWOIGAHFYTLINE A DISTANCE OF 600 FEET MORE OR LESS TO THE SOUTH LINE OF SAID LANDS ANNEXED UNDER CITY OF AUBURN ORDINANCE NUMBER 1171 THENCE EASTERLY ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING SITUATE IN KING COUNTY WASHINGTON Exhibit G Attachment 1 Resolution No 3644 Page 1 of 1 0J4IO70 IGðIOIUO4 I—O4JD RIGHT F WAY TO BE A NTAINE BY AUB R PACIFIC 3i Ii z AUBURN vç çS yV 100 200 ATTACHMENT 2 RIGHT OF WAY IN PACIFIC TO BE MAINTAINED BY AUBURN ExhibitGAttachment2 Resolution 3644 Page 1 of 1 SCALE 1 200 Plotted MAY 2003 RESOLUTION NO 3 6 4 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY AND VOICESTREAM PCS III CORPORATION FOR THE PURPOSE OF LEASING SPACE ON THE LAKELAND HILLS WATER TOWER FOR COMMUNICATION EQUIPMENT WHEREAS the City of Auburn has facilities from which cellular and telecommunication equipment could be attached and WHEREAS Voicestream PCS III Corporation has sought use of such facilities and has negotiated an agreement for use thereof with terms acceptable to the City THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREBY RESOLVES as follows Section 1 The Mayor and City Clerk of the City of Auburn are herewith authorized to execute a Lease Agreement between the City and VoiceStream PCS III Corporation for the purpose of leasing space on the Lakeland Hills water tower for communication equipment in substantial conformity with the agreement attached hereto marked as Exhibit I and incorporated herein by this reference Resolution No 3649 November 7 2003 Page 1 Section 2 That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation SECTION 3 upon passage and signatures hereon Dated and Signed this z day That this Resolution shall take effect and be in full force 2003 ATTEST UBURN MAYOR hDlealle E Daskam City Clerk Daniel B Heid City Attorney Resolution No 3649 November 7 2003 Page 2 ExhibitI SITE LEASE AGREEMENT THIS SITE LEASE ALGeREaEMsENeT is by and between City of Auburn Landlord and VoiceStream PCS III Corporation a Delaware corporation Tenant 1 LeaseAqreement t a Landlord hereby leases to Tenant a portion of the real property legally described as follows THE SOUTH 10705 FEET OF THE EAST 10100 FEET OF THE WEST 301903 FEET OF THE SOUTHEAST QUARTER OF SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EASTWMCITY OF AUBURN RECORDS OF KING COUNTY WASHINGTON collectively referred to hereinafter as the Property The lease includes the right to operate a personal communications service antenna installation on the Lsandlord water reservoir on the terms and conditions set forth herein b The Tenant agrees to the lease subject to the following terms and conditions Landlord hereby leases to Tenant the use of that portion of the Property as generally described and depicted in the attached Exhibit A collectively referred to hereinafter as the Lease Area The Lease Area located at Lakeland Hills Water Reservoir Reservoir facility Auburn Washington comprises approximately an area not to exceed2740 square feet c The lease shall be nonexclusive and shall not preclude the Landlord from granting a similar lease right license franchise etc to other carriers or other persons for telecommunications or any other purpose 2 Term The initial term of this Lease shall be five 5 years commencing on the date of execution of the Agreement the Commencement Date and terminating at midnight on the last day of the initial term the Initial Term 3 Antenna Facilities Tenant may use the Lease Area for the transmission and reception of radio communication signals and for the construction installation operation maintenance repair removal or replacement of related facilities necessary for the operation of a telecommunications facility as well as for access and utilities Tenant may only place its ground based telecommunications equipment within the portion of the Lease Area identified as the Compound on Exhibit A Tenant may install and maintain landscape plantings within the Lease Area In addition to using the Lease Area Tenant may utilize the Property to install and use underground conduits that begin at the Lease Area cross the Property in a generally straight line to the base of the water reservoir Reservoir and then extend up the side of the Reservoir to antennas which Tenant will install on the railing of the Reservoir as shown in Exhibit A hereinafter referred to as Antenna Facilities 4 Rent Tenant shall pay Landlord as rent Twelve Thousand and 1n0o0dollars0010020per yearRent Rent shall be payable within twenty 20 days following the Commencement Date and thereafter the Rent will be payable yearly no later than the anniversary of the Commencement Date to City of Auburn Water Utility Fund Account Number34903609at Lsandlord address specified in Section 12 below The Rent shall increase annually over the Rent payable the preceding year by not less than three and one half percent35 If the average increase in the Consumer Price Index Urban for the Seattle Tacoma Bremerton area CPI is greater than three and one half percent35over the period of the Term or any Renewal Term then the rate at which the Rent is increased annually during the following Renewal Term shall be adjusted to that CPI based average percentage rate If the average increase in the CPI is less than or equal to three and one half percent35over the period of the Term or any Renewal Term then the rate at which the Rent is increased annually during the following Renewal Term shall be three and one half percent35It shall be the responsibility of the Landlord to track the CPI and notify the Tenant of increases or reductions in the Rent Landlord shall notify Tenant within 90 Exhibit I Resolution No 3649 Page 1 of 10 days of the commencement of the Renewal Term as to the revised rate at which the Rent shall be increased annually thereafter Landlord will invoice Tenant for back Rent due or refund over payment as necessary to correct the payment received for the first year of the Renewal Term Ifat any time the CPI ceases to incorporate a significant number of items if a substantial change is made in the method of establishing the CPI or if issuance of the CPI shall be discontinued then the Landlord and Tenant shall mutually agree upon another standard recognized cost of living index issued by the United States Government provided that if the parties cannot reach agreement on such other standard cost of living index then the Landlord shall select the index closest to the CPI In either case the substitute index chosen shall result in increases in the Rent similar to those that had been or would have been generated by the CPI Ifthis Lease is terminated at a time other than on the anniversary of the Commencement Date Rent shall be prorated as of the date of termination for any reason other than a default by Tenant and all prepaid Rent shall be refunded to Tenant within sixty 60 days 5 Renewal Tenant may extend this Lease for 5 additional fyievaer terms each a Renewal Term Each Renewal Term shall be on the same terms and conditions as set forth herein including the Rent increase set forth in Section 4 above This Lease shall automatically renew for each successive Renewal Term unless Tenant notifies Landlord in writing of Tsenant intention not to renew this Lease at least ninety 90 days prior to the expiration of the Initial Term or any Renewal Term Landlord may during any Renewal Term notify Tenant in writing of Lsandlord intention not to renew this Lease for an additional Renewal Term which notice shall be provided to Tenant at least one hundred and eighty 180 days prior to the expiration of the then in effect Renewal Term If Tenant shall remain in possession of the Lease Area at the expiration of this Lease or any Renewal Term without a written agreement such tenancy shall be deemed amtoonthtenancy under the same terms and conditions of this Lease 6 Interference Tenant shall not use the Lease Area in any way which interferes with the use of the Property by Landlord Tsenant Antenna Facilities and the use thereof shall not interfere with the use of any other communication or similar equipment of any kind and nature owned or operated by Landlord or other lessee licensees franchisees etc on the Property except as might be permitted by applicable laws provided however that subsequent to the installation by Tenant of the Antenna Facilities Landlord agrees to exercise reasonable care to assure equipment of subsequent providers leasing space on the Property does not interfere with Tenants Antenna Facilities operations The Landlord however is not in any way responsible or liable for any interference with Tenants use of Landlords Property which may be caused by the use and operation of any other tsenant equipment even if caused by new technology In the event that any other tsenant activities interfere with Tsenant use of Lsandlord property and Tenant cannot work out this interference with other tsenant Tenant may upon 30 days notice to Landlord terminate this lease and restore the Lsandlord Property to its original condition reasonable wearand tear excepted 7 Improvements Utilities Access a Tenant shall have the right at its expense to erect and maintain on the Lease Area improvements personal property and facilities necessary to operate its communications system including equipment shelters aonrd cabinets and related cables and utility lines and a location based system including coaxial cable base units and other associated equipment as such location based system may be permitted by any county state or federal daegpaertnmcenyt Tennant shall have the right at its expense to erect and maintain on the Property including on Lsandlord water reservoir improvements personal property and facilities necessary to operate its communications system including radio transmitting and receiving antennas and related cables and conduits and other associated equipment as such location based system may be permitted by any county state or federal daegpaertnmceynt Tenant shall have the right to alter replace and expand within the confines of the Lease Area as defined in Section 1 and without interference to other providers tenants enhance and upgrade the Antenna Facilities at any time during the term of this Lease Tenant shall cause all construction to occur lfireeen and in compliance with all applicable laws and ordinances Landlord acknowledges that it shall not interfere with any aspects of construction including attempting to direct construction personnel as to the location of or method of installation of the Antenna Facilities The Exhibit I Resolution No 3649 Page 2 of 10 Antenna Facilities shall remain the exclusive property of Tenant Tenant shall have the right to remove the Antenna Facilities at any time during and upon the expiration or termination of this Lease b Tenant at its expense may use any and all appropriate means of restricting access to the Compound including without limitation the construction of a fence c Tenant shall at Tsenant expense keep and maintain the Lease Area and Antenna Facilities now or hereafter located on the Property in commercially reasonable condition and repair during the term of this Lease normal wear and tear excepted Upon termination or expiration of this Lease the Lease Area and Antenna Facilities areas shall be returned to Landlord in good usable condition normal wear and tear excepted within ninety 90 days d Tenant shall have the right to install utilities power and telephone at Tsenant expense and to improve the present utilities on the Property including but not limited to the installation of emergency power generators Landlord agrees to cooperate with Tenant in its reasonable efforts to acquire necessary utility service Tenant shall wherever practicable install separate meters for utilities used on the Property by Tenant Landlord shall diligently correct any variation interruption or failure of utility service within Lsandlord control e Prior to installation of equipment Tenant shall submitfor Landlord review and approval which approval shall not be unreasonably withheld or delayed an electrical and grounding connection plan that assures no interference with the water tank cathodic protection system The plan shall include a3 minimum diameter common use conduit enclosure for cables from the ground level to top of tank This conduit may be utilized by other telecommunication providers until such time as it is filled to capacity at which time new providers will need to pay for upsizing Upon Landlord approval of the plans Tenant may proceed to install and operate the Antenna Facilities fTennant shall have the right during the Initial Term and of this Lease and any Renewal Term for ingress and egress to the Property over the south fifteen 15 feet of Lot 6 Lakeland Hills Division Number 3 Extension according to the plat thereof recorded in Volume 145 of Plats pages 72 and 73 in King County Washington g Tenant shall have hd2aoau4rysdw7aaeyeskaccess to the Lease Area Access at all times during the Initial Term of this Lease and any Renewal Term In the event Landlord its employees or agents unreasonably deny Access to Tenant its employees or agents Tenant shall without waiving any other rights that it may have at law or in equity deduct from Rent amounts due under this Lease an amount equal to fifty and 1n0o0dollars per day for each day that Access is impeded or denied Access to Landlord facilities beyond the Lease Area including but not limited to the water reservoir site and the water reservoir require 48 hours notice to the Water Division Supervisor of the City of Auburn Water Utility phone3290356136 Access to Landlord facilities will only occur with Landlord supervision Tenant agrees to reimburse Landlord for Landlord expenses attributed to supervising Tenant while accessing Landlord facilities The hourly rate for Landlord supervision during City standard office hours will be3501per hour in calendar year 2003 The hourly rate shall increase annually on January 1st over the hourly rate payable the preceding year by not less than three and one half percent35or the CPI Urban for the Seattle Tacoma area whichever is the greater unless a different hourly rate amount is negotiated 8 Termination Except as otherwise provided herein this Lease may be terminated without any penalty or further liability as follows a upon thirty 30 days written notice by Landlord if Tenant fails to cure a default for payment of amounts due under this Lease within that thirty 30 day period b immediately if Tenant notifies Landlord of unacceptable results of any title report environmental or soil tests prior to Tsenant installation of the Antenna Facilities on the Lease Area or or if Tenant is unable to Exhibit I Resolution No 3649 Page 3 of 10 obtain maintain or otherwise forfeits or cancels any license including without limitation an FCC license permit or any Governmental Approval necessary to the installation aonrd operation of the Antenna Facilities or Tsenant business c upon ninety 90 days written notice by Tenant if the Lease Area or the Antenna Facilities are or become unacceptable under Tsenant design or engineering specifications for its Antenna Facilities or the communications system to which the Antenna Facilities belong d immediately upon written notice by Tenant if the Lease Area or the Antenna Facilities are destroyed or damaged so as in Tsenant reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities In such event all rights and obligations of the parties shall cease as of the date of the damage or destruction and Tenant shall be entitled to the reimbursement on a prorated basis of any Rent prepaid by Tenant If Tenant elects to continue this Lease then all Rent shall abate until the Lease Lease Area aonrdthe Antenna Facilities are restored to the condition existing immediately prior to such damage or destruction or e at the time title to the Property transfers to acondemning authority pursuant to a taking of all or a portion of the Property sufficient in Tsenant determination to render the Lease Area unsuitable for Tsenant use Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to such taking f Landlord may terminate this Lease if Landlord needs the Lease Area for expansion of Lsandlord responsibility to provide its services and Landlord has no reasonable or economical alternative site available provided Landlord provides Tenant written notice 12 months in advance of Lsandlord need to re establish the Lsandlord sole use of the Lease Area Upon Tsenant receipt of written notice Tenant shall have six 6 months to submit to Landlord alternative locations for its Antenna Facilities Such alternative locations may be on the Property or other properties owned or managed by Landlord Landlord shall evaluate such alternatives and advise Tenant in writing if one or more of the alternatives is suitable to accommodate Tsenant Antenna Facilities If so requested by the Landlord Tenant shall submit additional relevant information to assist the Landlord in making such evaluation Landlord shall give each alternative proposed by Tenant full and fair consideration within a reasonable time so as to allow for the relocation work to be performed in a timely manner In the event Landlord ultimately determines not less than ninety 90 days from the termination date that there is no other reasonable alternative Tenant shall remove its Antenna Facilities as otherwise provided in this Section 7 c of this Lease If an alternative location for Tsenant Antenna Facilities is found Landlord and Tenant agree to enter into a new Lease Agreement with the same terms and conditions ofthis Lease g If for reasons related to public health safety or welfare or for any operational need of the Water Utility Landlord determines that this Lease must be terminated then Landlord reserves rights of unilateral termination and will do so by providing Tenant with a six month written notice h Tenant shall be entitled to a pro rata refund of its prepaid Rent for any termination of this Lease by Landlord pursuant to Subsection 8for8g 9 Default and qRhit to Cure Notwithstanding anything contained herein to the contrary and without waiving any other rights granted to it at law or in equity each party shall have the right but not the obligation to terminate this Lease on written notice pursuant to Section 12 hereof to take effect immediately if the other party ifails to perform any covenant for a period of thirty 30 days after receipt of written notice thereof to cure or ii commits a material breach of this Lease and fails to diligently pursue such cure to its completion after sixty 60 days written notice to the defaulting party 10 Taxes Landlord shall pay when due all real property taxes or other fees and assessments for the Property including the Lease Area In the event that Landlord fails to pay any such real property taxes or other fees and assessments Tenant shall have the right but not the obligation to pay such owed amounts and deduct them from Rent amounts due under this Lease Notwithstanding the Exhibit I Resolution No 3649 Page 4 of 10 foregoing Tenant shall pay any personal property tax State leasehold tax excise tax real property tax or any other tax or fee which are directly attributable to the presence or installation of the Tsenant Antenna Facilities only for so long as this Lease has not expired of its own terms or is not terminated by either party Landlord hereby grants to Tenant the right to challenge whether in a Court Administrative Proceeding or other venue on behalf of Landlord aonrdTenant any personal property or real property tax assessments State leasehold tax or excise tax that may affect Tenant If Landlord receives notice of any personal property or real property tax assessment State leasehold tax or excise tax against the Landlord which may affect Tenant and is directly attributable to Tsenant installation Landlord shall provide timely notice of the assessment to Tenant sufficient to allow Tenant to consent to or challenge such assessment Further Landlord shall provide to Tenant any and all documentation associated with the assessment and shall execute any and all documents reasonably necessary to effectuate the intent of this Section 10 11 Insurance and Subroqation and Indemnification a Tenant shall provide Commercial General Liability Insurance naming Landlord the City of Auburn as additional insured in an aggregate amount of Two Million and 1n0o0dollars002000 Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master policy of liability insurance Tenant may maintain b Tenant shall indemnify protect defend and hold Landlord and its employees and agents harmless from and against any and all claims liabilities judgments costs damages and expenses including reasonable asttorney fees arising out of or in any way related to the Antenna Facilities including but not limited to the installation maintenance operation or removal thereof except to the extent that such claim liability judgment cost damage or expense arises out of the sole negligent act or omission or willful misconduct of Landlord or its employees or agents Landlord shall not be liable to Tenant its agents employees and contractors for damage to the Antenna Facilities or any other property belonging to Tenant from any cause except for any damage caused by the sole negligent act or omission or willful misconduct of Landlord or its employees or agents Tenant waives all claims against Landlord and its employees and agents for damage to persons or Antenna Facilities or property arising for any reason other than aclaim based on the sole negligent act or omission or willful misconduct of Landlord or its employees or agents Landlord and its employees and agents shall have no liability to Tenant for any interruption of any utility service unless solely caused by the negligent act or omission or willful misconduct of Landlord or its employees or agents Should a court of competent jurisdiction determine that this Lease is subject to RCW124145then in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Tenant and the Landlord its officers officials employees and volunteers the Lsandlord liability hereunder shall be only to the extent of the Lsandlord negligence It is further specifically and expressly understood that the indemnification provided herein constitutes the Tsenant waiver of immunity under Industrial Insurance Title 51 RCW solely for the purposes of this indemnification This waiver has been mutually negotiated by the parties The provisions ofthis section shall survive the expiration or termination of this Lease 12 Notices All notices requests demands and other communications shall be in writing and are effective three 3 days after deposit in the USmail certified and postage paid or upon receipt if personally delivered or sent by bnduseainxeysts delivery via a nationally recognized overnight courier to the addresses set forth below Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to the other party Exhibit I Resolution No 3649 Page 5 of 10 If to Tenant to VoiceStream Wireless Corporation Attn PCS Lease Administrator 12920 SE 38th Street Bellevue WA 98006 With acopy to VoiceStream Wireless Corporation Attn Legal Department 12920 SE 38th Street Bellevue WA 98006 If to Landlord to Public Works Director City of Auburn 25 West Main St AuburnWA 98001 With a copy to VoiceStream PCS III Corporation Attn Lease Administration Manager 19807 North Creek Parkway Bothell WA 98011 With a copy to City Attorney City of Auburn 25 West Main St Auburn WA 98001 13 Quiet Enjoyment Title and Authority Landlord covenants and warrants to Tenant that i Landlord has full right power and authority to execute this Lease ii it has good and unencumbered title to the Property free and clear of any liens or mortgages except those disclosed to Tenant and which will not interfere with Tsenant rights to or use of the Lease Area and iii execution and performance of this Lease will not violate any laws ordinances covenants or the provisions of any mortgage lease or other agreement binding on Landlord 14 Environmental Laws Landlord represents that it has no knowledge of any substance chemical or waste collectively Hazardous Substance on the Property that is identified as hazardous toxic or dangerous in any applicable federal state or local law or regulation Landlord and Tenant shall not introduce or use any Hazardous Substance on the Property in violation of any applicable law Landlord shall be responsible for and shall promptly conduct any investigation and remediation as required by any applicable environmental laws for all spills or other releases of any Hazardous Substance not caused in whole or in part by Tenant that have occurred or which may occur on the Property Each party agrees to defend indemnify and hold harmless the other from and against any and all administrative and judicial actions and rulings claims causes of action demands and liability collectively Claims including but not limited to damages costs expenses assessments penalties fines losses judgments and reasonable attorney fees that the indemnitee may suffer or incur due to the existence or discovery of any Hazardous Substances on the Property or the migration of any Hazardous Substance to other properties or the release of any Hazardous Substance into the environment collectively Actions that relate to or arise from the isndemnitor activities on the Property Landlord agrees to defend indemnify and hold Tenant harmless from Claims resulting from Actions on the Property not caused by Landlord or Tenant prior to and during the Initial Term and any Renewal Term of this Lease The indemnifications in this section specifically include without limitation costs incurred in connection with any investigation of site conditions or any cleanup remedial removal or restoration work required by any governmental authority This Section 14 shall survive the termination or expiration of this Lease 15 Assignment and Subleasing All of the terms and provisions contained herein shall inure to the benefit of and shall be binding upon the parties hereto and their respective heirs legal representatives successors and assigns This Agreement shall not be assigned by Tenant without the express written consent of the Landlord which consent shall not be unreasonably withheld delayed or conditioned Any attempted assignment in violation of this Section shall be void The transfer of the rights and obligations of Tenant to a parent subsidiary or other affiliate of Tenant or to any isinuctnecersessorto r entity Exhibit I Resolution No 3649 Page 6 of 10 acquiring foifntey percent 51 or more of Tsenant stock or assets shall not be deemed an assignment Tenant shall give to Landlord thirty 30 days prior written notice of any such transfer Additionally Tenant may upon notice to Landlord mortgage or grant a security interest in this Lease and the Antenna Facilities and may assign this Lease and the Antenna Facilities to any mortgagees or holders of security interests including their successors or assigns collectively Mortgagees provided such Mortgagees agree to be bound by the terms and provisions of this Lease In such event Landlord shall execute such consent to leasehold financing as may reasonably be required by Mortgagees Landlord agrees to notify Tenant and Tsenant Mortgagees simultaneously of any default by Tenant and to give Mortgagees the same right to cure any default as Tenant or to remove any property of Tenant or Mortgagees located on the Lease Area except that the cure period for any Mortgagees shall not be less than thirty 30 days after receipt of of the default notice as provided in Section 9 of this Lease All such notices to Mortgagees shall be sent to Mortgagees at the address specified by Tenant Failure by Landlord to give Mortgagees such notice shall not diminish Lsandlord rights against Tenant but shall preserve all rights of Mortgagees to cure any default and to remove any property of Tenant or Mortgagees located on the Lease Area 16 Successors and Aqsnssi This Lease granted herein shall run with the land and shall be binding upon and inure to the benefit of the parties their respective successors personal representatives and assigns This Agreement shall not be assigned by Tenant without the express written consent of the Landlord which consent shall not be unreasonably withheld delayed or conditioned 17 Removal of Antenna Facilities The Antenna Facilities are and shall remain the property of the Tenant and upon the expiration or earlier termination of this Lease Tenant shall at Tsenant sole cost and expense remove the Antenna Facilities and restore the Lease Area to its original condition normal wearand tear excluded 18 Miscellaneous a The substantially prevailing party in any litigation including any arbitration to which the parties shall submit arising hereunder shall be entitled to its reasonable attorneys fees and court costs including appeals if any b This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers negotiations and other agreements There are no representations or understandings of any kind not set forth herein Any amendments to this Lease must be in writing and executed by both parties At such time as the Auburn City Council approves any regulation affecting telecommunications Tenant agrees to amend this Lease as determined by the Landlord in order to comply with any future ordinance related to telecommunications provided however that in no event shall such regulation imaterially interfere with or affect Tsenant operation of its Antenna Facilities or ii increase Tsenant financial obligations under the terms of this Lease except as provided herein or impose some new financial obligations not already contemplated by this Lease No amendment change or modification of this Lease shall be valid unless in writing and signed by all parties hereto c Each party agrees to cooperate with the other in executing any documents including a Memorandum of Lease in substantially the form attached hereto as Exhibit B necessary to protect its rights or use of the Lease Area The Memorandum of Lease may be recorded in place of this Lease by either party In the event the Property is encumbered by a mortgage or deed of trust Landlord agrees upon request of Tenant to obtain and furnish to Tenant a dnistuorbannce and attornment agreement for each such mortgage or deed of trust in a form reasonably acceptable to Tenant Tenant may obtain title insurance on its interest in the Lease Area d This Lease shall be construed in accordance with the laws of the state in which the Property is located Exhibit I Resolution No 3649 Page 7 of 10 e If any term of this Lease is found to be void or invalid such finding shall not affect the remaining terms of this Lease which shall continue in full force and effect The parties agree that if any provisions are deemed not enforceable they shall be deemed modified to the extent necessary to make them enforceable No provision of this Lease will be deemed waived by either party unless expressly waived in writing signed by the waiving party No waiver shall be implied by delay or any other act or omission of either party No waiver by either party of any provision of this Lease shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision fThe persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their individual or representative capacity as indicated g This Lease may be executed in any number of counterpart copies each of which shall be deemed an original but all ofwhich together shall constitute a single instrument h All Exhibits referred to herein and any Addenda are incorporated herein for all purposes The parties understand and acknowledge that Exhibit A the Lease Area Compound and Antenna Facilities location within the Property and Exhibit B Memorandum of Lease are attached to this Site Lease Agreement The terms of all Exhibits are incorporated herein for all purposes iIf Landlord is represented by any broker or any other leasing agent Landlord is responsible for all commission fees or other payment to such agent and agrees to indemnify and hold Tenant harmless from all claims by such broker or anyone claiming through such broker If Tenant is represented by any broker or any other leasing agent Tenant is responsible for all commission fee or other payment to such agent and agrees to indemnify and hold Landlord harmless from all claims by such broker or anyone claiming through such broker 19 Headinqs The caption and paragraph headings used in this Lease are inserted for convenience of reference only and and are not intended to define limit or affect the interpretation or construction of any term or provision hereof 20 Liens Except with respect to activities for which Landlord is responsible Tenant shall pay as due all claims for work done on and for services rendered or material furnished to the Antenna Facility and shall keep the Antenna Facility free from all liens The effective date Of this Lease is the date of execution by the last party to sign the Effective Date Exhibit I Resolution No 3649 Page 8 of 10 By LANDLORD Printed Name Peter B Lewis Its Mayor Date Taxpayer ID Number 690011228 TENANT By Printed Name Its Date rVeoiacemS PCS III Corporation a Delaware corporationAffairs Exhibit I Resolution No 3649 Page 9 of 10 STATE OF ss COUNTY Of I certify that I know or have satisfactory evidence that PCrC WcZis the person who appeared before me and said person acknowledged that he signed this instrument on oath stated that he was authorized to execute the instrument and acknowledged it as the h free and vol t of such pya for the uses and ouses entioned in the instrument Dated or q yoN2 0 rF ow Use this space for notary ssteamapl PNuotbalricy Print Name residing at My commission expires 0 STATE OF J SS COUNTY OF IN7 I certify that I know or have satisfactory evidence that is the person who appeared before me and said person acknowledged that he signed this instrument on oath stated that he was authorized to execute the instrument and acknowledged it as the of VoiceStream PCS III Corporation a Delaware corporation to be the free andltaurlhrJrlli r pya for the uses and tpsionuedin the instrument Dated 54iroIoFt Ct ientN GeorgiamLMay 2XOJMy commission expires Use this space for notary ssteamapl Exhibit I Resolution No 3649 Page 10 of 10 EXHIBIT A I Lease Area s Exhibit A Lease Area Resolution No 3649 Page 1 of I RESOLUTION N3O 6 5 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR TO EXECUTE A FRANCHISE AGREEMENT BETWEEN THE LAKEHAVEN UTILITY DISTRICT AND THE CITY OF AUBURN ALLOWING THE LAKEHAVEN UTILITY DISTRICT TO CONNECT INSTALL OPERATE MAINTAIN AND REPAIR WATER SYSTEM FACILITIES AND APPURTENANCES IN OVER ALONG ACROSS AND UNDER THE FRANCHISE AREA FOR THE PURPOSE OF PROVIDING WATER SERVICE WHEREAS the Lakehaven Utility District currently owns operates and maintains a water system within Asuburn public right of way located in the franchise area and WHEREAS the Lakehaven Utility District is seeking a new comprehensive franchise with Auburn for public water facilities installed within Asuburn current and future public right of way and WHEREAS in order to maintain control over the use of City of Auburn rwoigayhfst by utilities operating within the City of Auburn it is appropriate to enter into franchise agreements with such utilities and WHEREAS Lakehaven Utility District is such a utility and has negotiated this franchise agreement with the City of Auburn acceptable to both parties and Resolution No 3650 January 20 2004 Page 1 WHEREAS the City of Auburn has determined that it is in the best interests of the public to grant the Lakehaven Utility District a water franchise on the terms and conditions set for in this Agreement NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON HEREBY RESOLVES as follows Section 1 The Mayor of the City of Auburn is herewith authorized to execute a Franchise Agreement between the Lakehaven Utility District and the City of Auburn in substantial conformity with the Agreement attached hereto marked as Exhibit Aand incorporated herein by this reference Section 2 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Section 3 This resolution shall be in full force and effect upon passage and signatures hereon Resolution No 3650 January 20 2004 Page 2 ltJ DATED thiskday0itatl7 2004 ATTEST 1 v il 1 IVÜxJACv1Jt Danielle E Daskam City Clerk Resolution No 3650 January220004 Page 3 CITY OF AUBURN PETER B LEWIS MAYOR Return Address Auburn City Clerk City of Auburn 25 West Main St Auburn WA 98001 12Z101014112111101814011013111 PACIFIC NW TIT AG PAGE001 OF IU6 0010184 1448 KING COUNTY WA RSECORDER COVER SHEET Document Tsitle ortransactions contained therein li frv Ilv T L LIíq Franchise Agreement Resolution No 3650 Reference Nsumber of Documents assigned or released DAdditional reference s on page of document BGsorraronwtoerrLast name first then first name and initials Auburn City of BAGesrnsaeignficntieaereeyLast name first 1 Lakehaven Utility District IU w Legal Description abbreviated ielot block plat or section township range PER RCW349 o Additional legal is on page of document Asssessor Property Tax APcacrocuenltNumber NAoAssessor Tax not yet assigned EXHIBITA CITY OF AUBURN WASHINGTON WATER FRANCHISE AGREEMENT WITH THE LAKEHAVEN UTILITY DISTRICT ANCHISE AGREEMENT made and entered into this zd day of 2004 by and between the CITY OF AUBURN Washington and KEHAVEN UTILITY DISTRICT WITNESSETH WHEREAS the Lakehaven Utility District currently owns operates and maintains a water system within Asuburn public rwoigahfyt located in the franchise area and WHEREAS the Lakehaven Utility District is seeking to establish a comprehensive franchise with the City ofAuburn for water system lines within Asuburn current and future public rwoigahfytand WHEREAS in order to maintain control over the use of City of Auburn rwoigahftysby utilities operating within the City of Auburn it is appropriate to enter into franchise agreements with such utilities and WHEREAS Lakehaven Utility District is such a utility and has negotiated this franchise agreement with the City of Auburn acceptable to both parties and WHEREAS the City of Auburn has determined that it is in the best interests interests of the public to grant the Lakehaven Utility District a franchise on the terms and conditions set forth in this franchise agreement NOW THEREFORE THE CITY OF AUBURN AND THE LAKEHAVEN UTILITY DISTRICT AGREE AS FOLLOWS SECTION 1 DEFINITIONS Where used in this franchise agreement Franchise the following definitions shall apply 1 Franchisee means the Lakehaven Utility District a Washington municipal corporation and its respective successors and assigns 12 City means the City of Auburn a Washington municipal corporation 13 Franchise Area means all of the public roads streets avenues alleys highways and other rwoigahftys of the City as now laid out platted dedicated or improved and anyand all public City roads streets avenues alleys highways and other rwoigahftys that may hereafter be laid out platted dedicated or improved within the area in which the City has jurisdiction as described in Attachment 1 and as depicted in ExhibitAAuburn Resolution No 3650 Auburn Lakehaven Water Franchise Page 1 of 12 Attachment 2 both attachments attached hereto which is by this reference incorporated as if fully set forth herein provided that the Franchise Area shall not include or convey any right to the Franchisee to install facilities on or to otherwise use City owned or leased properties and provided that the terms of this franchiseie permitting and enforcement shall not apply to those public roads streets avenues alleys highways and other rwoigahftys that may hereafter be laid out platted dedicated or improved within the area as described in Attachment 1 and depicted in Attachment 2 until such time that the City has assumed jurisdiction thereof 14 Facilities means the Fsranchisee water system lines mains pump stations appurtenances and all other necessary or convenient appurtenances for the purpose of providing water service SECTION 2 FRANCHISE GRANT Subject to the terms and conditions set forth in this Franchise the City grants to the Franchisee the right to construct own and maintain its Facilities including but but not limited to water pipelines pump stations and appurtenances within the Csity public rwoigahfyt and the Fsranchisee water service area In exercising authority to construct and install its Facilities and to excavate trenches in City roads for the purposes of constructing installing operating maintaining removing and replacing its Facilities and making connections between the same to the dwellings and other buildings ofthe consumers the Franchisee shall begoverned by and conform to the general rules adopted by the Public Works Department of the City and the Franchisee at no expense to the City shall complete all work and shall replace and restore the City roads to the condition ofthe City roads existing immediately prior to such disturbance PROVIDED HOWEVER that no such work shall be done prior to the obtaining of a permit therefor issued by the Csity Public Works Director hereinafter Director which permit shall set forth conditions pertaining to the work to bedone and specifications for the restoration restoration of the roads tothe same condition as they were immediately prior to such work If the Franchisee does not repair the City roads to the satisfaction ofthe Director the City may at its sole discretion repair such City roads or cause them to be repaired and the Franchisee hereby agrees to reimburse the City for the cost of such work including reasonable overhead costs SECTION 3 FRANCHISE TERM This Franchise shall take full force and effect five calendar days after being approved by the City and shall be valid for a period of 25 years expiring in 2029 provided that this Franchise shall not take effect and the Franchisee shall have no rights under this Franchise unless the Franchisee files a written acceptance of this Franchise with the City pursuant to Section 4 of this Franchise SECTION 4 ACCEPTANCE BY FRANCHISEE OF TERMS AND CONDITIONS The full acceptance of this Franchise and all of its terms and conditions shall be filed with the City Clerk within ffoivrtey 45 days from the date of the resolution resolution approving this Franchise by the Fsranchisee duly elected Board of Commissioners Full acceptance of this Franchise is a condition precedent to its taking effect and unless this Franchise is Exhibit gAuburn Resolution No 3650 Auburn Lakehaven Water Franchise Page 2 of 12 accepted within the time specified this grant will be null and void and have no force or effect SECTION 5 ENXCOLUSNIVE FRANCHISE This Franchise is not exclusive It does not prohibit the City from granting franchises for other public or private utilities in over along across and under any City property including the Franchise Area This Franchise does not prevent or prohibit the City from constructing altering maintaining or using any of the Franchise Area The City retains full powerto make all changes relocations repair maintenance or other workto or in the Franchise Area as the City deems fit SECTION 6 JURISDICTION This Franchise is intended to convey limited rights and interest only as to those roads and rwoigahftysin which the City has anactual interest within the Franchise Area It is not a warranty of title or of interest in City road rwoigahftys None ofthe rights granted to the Franchisee shall affect the jurisdiction of the City over City road rwoigahftys orthe Csity powerto perform work upon its roadways rwoigahftysor appurtenant drainage facilities including by constructing altering renewing paving widening grading blasting or excavating The parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein SECTION 7 REGULATION OF USE AND CONTROL This Franchise does not deprive the City of any powers rights or privileges it now has or may later acquire in the future to regulate the use of and to control the City road roighfts way covered by this Franchise The City reserves the right and power at all times to exercise its police powers with respect to the time manner and location ofthe placement of the Fsranchisee Facilities SECTION 8 EMINENT DOMAIN This Franchise and the limited rights and interests granted by this Franchise are subject to the exercise of eminent domain In the event of an exercise of eminent domain by the City the value to be attributed to all the rights and interests granted under this Franchise shall not exceed the actual amount the Franchisee paid to the City in obtaining this Franchise SECTION 9 VACATION If at any time the City vacates any City rwoigahftyscovered by this Franchise the City will not be held liable for any damages or loss to the Franchisee by reason of such vacation The City may after giving thirty 30 days written notice to the Franchisee terminate this Franchise with respect to any City road orrwoigahftysvacated However should Franchisee notify the City that an easement is required for existing or proposed facilities within the proposed vacation area the City shall withhold approval of such vacation until the Franchisee has notified the City that the necessary esasement have been secured or provisions otherwise made to maintain the viability and use of existing Facilities Exhib AAuburn Resolution No 3650 Auburn Lakehaven Water Franchise Page 3 of 12 SECTION 10 ENFORCEMENT The Csityfailure to enforce anyprovision of this Franchise does not constitute a waiver of its right to enforce that provision or any other provision of this Franchise SECTION 11 INDEMNITY AND HOLD HARMLESS 111 The Franchisee shall defend indemnify and hold harmless the City its appointed and elected officials and its employees and agents from and against liability for all claims actions injuries demands liabilities losses costs damages and judgments including costs of defense thereof collectively referred to as damages for injury to persons death or property damage caused by arising out of or incidental to the Fsranchisee exercise of the rights and privileges granted by this Franchise except for damages caused by or arising out of the Csity sole negligence In the event that any such claim or demand for damages is presented to or filed with the City or if any suit or action is initiated against the City based on such claims or demands for damages the City shall promptly notify the Franchisee of the claim demand suit or action and the Franchisee shall havethe right at its election and its sole cost and expense to settle and compromise such claim demand suit or action or defend the same at the Fsranchisee sole cost and expense 121 If it is determined that RCW 124145 applies to this Franchise the Franchisee agrees to defend hold harmless and indemnify the City to the maximum extent permitted under that statute and specifically for the Fsranchisee negligence concurrent with that of the City to the full extent of the Fsranchisee negligence SECTION 12 INSURANCE 112 The Franchisee shall keep a policy of insurance in force with a minimum limit of five million dollars005000 Verification of insurance coverage is a condition precedent to the effectiveness of this Franchise 122 The insurance shall be maintained in full force and effect at the Fsranchisee sole expense throughout the term of the Franchise and should such insurance be terminated this Franchise shall terminate as ofthe date of the termination of insurance coverage 132 The coverage provided by the Fsranchisee insurance policies shall be primary to any insurance maintained by the City except as to losses or damages attributable to the sole negligence of the City Any insurance maintained by the City that might relate to this Franchise shall be in excess to the Fsranchisee insurance and shall not contribute with or to it The City has no obligation to report occurrences to the insurance companies unless a claim is filed with the Csity City Council and the City has no obligations to pay the Fsranchisee premiums 142 The Franchisee shall be solely and completely responsible to perform all work related to this Franchise in compliance with all applicable federal state county and city statutes rules regulations ordinances orders and codes The Fsranchisee attention is directed to the requirements of the Washington Industrial Safety and Health Act C1hap7ter49 RCW The Franchisee shall besolely and completely responsible for Exhibit MAM Auburn Resolution Resolution No 3650 Auburn Lakehaven Water Franchise Page 4 of 12 safety and safety conditions on its job sites and for its work within the Franchise Area including the safety ofall persons and property during perfonmance of any works therein The services ofthe City or Csityconsultant personnel in conducting construction review of the Fsranchisee work relating to the Franchise is not intended to include review ofthe adequacy of the Fsranchisee work methods equipment scaffolding or trenching or safety measures in on or near such Franchise Area or job site The Franchisee shall provide safe access for the City and its inspectors to adequately inspect the work and its conformance with applicable statutes ordinances rules regulations and the Franchise SECTION 13 INSTALLAìlON REPAIR REMOVAL OR RELOCATION 113 The Franchisee shall at no expense to the City expeditiously repair all existing Facilities that it owns within the Franchise Area including any damage caused directly or indirectly by its Facilities all appurtenant Facilities and service lines connecting its system to users if the City requires such repair for any reasonable purpose 123 The Franchisee shall at noexpense to the City adjust remove or relocate existing Facilities within the Franchise Area including all appurtenant Facilities and service lines connecting its system to users if the City determines such adjustment removal or relocation is reasonably necessary to allow for an improvement or alteration planned by the City The City shall give the Franchisee written notice of such requirement as soon as practicable The written notice shall include all available information such as plans and specifications as is reasonably necessary for the Franchisee to plan for such adjustment removal or relocation 133 Fsranchisee Facilities shall be constructed installed maintained and repaired within the Franchise Area so as to provide safety of persons and property and not interfere with the free passage of traffic all in accordance with the laws ofthe State of Washington and the ordinances resolutions rules and regulations of the City 143 For projects that are a part of the Csity capital improvement program in addition to any other notice given to the Franchisee the City shall provide a copy ofthe capital improvement plan and six 6 year transportation improvement plan when requested Further the City shall provide a horizontal plan and vertical profile of the roadway and drainage facilities within it both existing and as proposed by the City and the proposed construction schedule The initial design information shall be given at least one hundred and eighty 180 days before construction is scheduled to begin except in cases of urgent construction or emergencies The Franchisee shall respond to this notice and to any later notices of revised designs within twenty 20 days of the date of the notice by providing to the City the Fsranchisee best available information as to the location of all the Fsranchisee Facilities including all appurtenant Facilities and service lines connecting its system to users and all Facilities that it has abandoned within the area proposed for the project 153 The City shall offer the Franchisee the opportunity to participate in the preparation of bid documents forthe selection ofa contractor to perform the public works project as well as all required adjustments removals or relocations of the Fsranchisee Facilities The City shall have sole authority to choose the contractor to perform such ExhibitAAuburn Resolution No 3650 Auburn Lakehaven Water Franchise Page50f12 work Such bid documents shall provide for an appropriate cost allocation between the parties In addition to the Fsranchisee allocation of contractor costs the Franchisee shall reimburse the City for all costs to include but not be limited to legal engineering inspections administration aonrd soils testing related to the Fsranchisee work and reasonably incurred by the City in the administration of such joint construction contracts Such costs shall include the direct salary cost of the time of City professional and technical personnel including the Csity consultants spent productively engaged in such work plus overhead costs at the standard rate charged by the City on other similar projects The specific terms of the joint participation on any public work shall be as set forth in a written agreement between the parties 163 It is understood that emergency situations may arise that could threaten public health aonrd continued operation of the Fsranchisee utility system and the Franchisee may be unable to notify the City in the manner prescribed in Section 14 ofthis Franchise In such a situation the Franchisee shall immediately cQrrect the hazardous situation and continue to use best efforts to contact the City staff The Emergency Phone Number for the City of Auburn is 253 3903418 and that for the Lakehaven Utility District is 253 1954116 Dialing 911 is advised for emergency situations that may result in imminent threats to life aonrd property SECTION 14 REQUIREMENT OF CONSTRUCTION PERMITS 114 The Franchisee has the right privilege and authority to enter the City road rwoigahftysfor the purpose of constructing installing operating maintaining replacing or repairing its Facilities on the condition that it obtains construction excavation and rwoigahfytuse permits issued by the City Any work performed whether by Franchisee its contractors or third parties shall include necessary paving patching grading and any other reasonably necessary repair or restoration to the City rwoigahftys All work shall be done to the Csity satisfaction 124 All equipment pipelines and appurtenances which are used in the construction installation operation maintenance or repair of the Fsranchisee Facilities and which are located within the City road rwoigahftysand owned by the Franchisee shall be considered to be part of the Fsranchisee system and shall bethe responsibility of the Franchisee All permits for the construction installation operation maintenance or repair of the Fsranchisee system shall be applied for and given in the name of the Franchisee who will be responsible for all work done under the permit The Franchisee remains responsible whether the work is performed by the Franchisee its contractors or by third parties 134 When required by the Csity Public Works Director the Franchisee shall post a bond to the City in the amount sufficient for any road repair or restoration The amount ofthe bond shall be set by the City and must be filed with the City before a permit will be issued Exhibit KA Auburn Resolution No 3650 Auburn Lakehaven Water Franchise Page 6 of 12 SECTION 15 PERFORMANCE OF WORK 115 Any work performed by the Franchisee in the Franchise Area shall conform to all City ordinances and requirements including but not limited to Auburn City Code and the Csity Design and Construction Standards in force when the work is performed All traffic control shall conform to the current edition ofthe Manual of Uniform Traffic Control Devices in force when the work is performed 125 If work performed under this Franchise makes it necessary to turn off or diminish water pressure or potential flow to any fire hydrant the Franchisee shall notify the Csity Fire Department by telephone and by written notice that water pressure or fire flow conditions have been affected Except in the case of an emergency the notice shall be provided at least 48 hours prior to the water pressure or potential flow being suspended or diminished If more than one fire hydrant will be affected the Franchisee shall provide a map of the affected area to the Fire Department sOoervuicfetfire hydrants must be identified as not operational by covering with a properly secured burlap or plastic bag Fire hydrants should be returned to full service as soon as reasonably possible or no longer than two working days from the date service was suspended or diminished The Franchisee shall notify the Csity Fire Department when the hsydrant iasre returned to full service SECTION 16 RESTORATION OF CITY RWOIGAHFTYS After performing work on under or adjacent to City road rwoigahftysthe Franchisee is responsible for and shall leave all City road rwoigahftysin the condition ofthe City road rwoigahftys existing immediately prior to such disturbance If the Franchisee its contractors or third parties working under permit should fail to diligently restore City road rwoigahftys to the satisfaction of the City the City may make such repairs or restorations as are necessary to return the City road rwoigahftys to a condition reasonably comparable to the condition ofthe City road rwoigahftysexisting immediately prior to such disturbance Upon presentation of an itemized invoice for repairs or restorations including all applicable costs both direct and indirect to include but not be limited to the cost of labor tools materials and equipment the Franchisee shall pay the invoice within fsiivxtey 65 days of its receipt and approval SECTION 17 INFORMATION ON LOCATION OF FACILITIES The Franchisee shall provide the City with all information requested by the City regarding the location ofthe Fsranchisee current Facilities including but not limited to copies ofall record drawings for such Facilities If the Franchisee performs any work to install repair reconstruct or replace Facilities in the Franchise Area after this Fsranchise effective date the Franchisee shall provide the City with all information requested by the City regarding the location of those Facilities including but not limited to copies of record drawings Exhibit KN Auburn Resolution No 3650 Auburn Lakehaven Water Franchise Page 7 of 12 SECTION 18 COORDINATION OF WORK IN FRANCHISE AREA To facilitate the coordination of work in Cityrwoigahftys if either the Franchisee or the City plans to make excavations in the Franchise Area the party planning such excavation shall provide written notice to the other of the planned excavation affording the other party the opportunity to share in the excavation provided that 1 such joint use shall not unreasonably delay the work of the party causing the excavation to be made 2 such joint use shall be arranged and accomplished onterms and conditions satisfactory to both parties and 3 either party may deny such request for safety reasons SECTION 19 BLASTING REQUIREMENTS The Fsranchisee right to construct install operate maintain and repair Facilities does not preclude the City its agents or contractors from blasting grading or doing other road work contiguous to the Fsranchisee Facilities When practical the City shall give the Franchisee feoigrthyt48 hours notice of blasting or excavating SECTION 20 SURVEY MARKERS AND MONUMENTS Before anywork is performed under this Franchise the Franchisee shall establish two or more reference marks to all monuments and markers of every nature relating to subdivisions plats rwoigahftysand all other surveys The reference points shall be located so that they will not bedisturbed during any of Fsranchisee operations under this Franchise The method of referencing monuments or other markers or points shall be approved by the City before placement The replacement of all markers or monuments disturbed during any construction of the Franchisee shall be made as promptly as conditions permit The cost of monuments or markers lost destroyed or disturbed and the expense or replacement with approved markers or monuments shall be borne by the Franchisee SECTION 21 RESERVATION OF RIGHTS 211 The City reserves the right to impose to the extent authorized by law a utility tax on the Franchisee aonrdto charge the Franchisee a reasonable fee for services provided or rights granted under this Franchise 221 The Franchisee agrees that it shall be subject to all authority now or later possessed by the City or any other governing body having competent jurisdiction to fix just reasonable and compensatory rates for services under this Franchise 231 The City reserves the right upon thirty 30 days written notice to the Franchisee to amend or modify the provisions or conditions of this Franchise to conform to any state county federal or City statute ordinance rule or regulation The City may terminate this Franchise upon thirty 30 days written notice to the Franchisee if the Franchisee fails or refuses to comply with such amendment or modification Exhibit AAuburn Resolution No 3650 Auburn Lakehaven Water Franchise Page8of12 SECTION 22 ASSIGNMENT The Franchisee shall not have the right to assign this Franchise without the written consent of the City No assignment shall be effective unless an acceptance by the assignee of all rights conditions terms provisions and responsibilities contained within the Franchise as well as surety bonds which the City deems necessary to be posted are received as allowed by law The Csityapproval ofthe assignment may be made subject to the asssignee acceptance of new or modified terms of the Franchise SECTION 23 PENALTY FOR VIOLATION OF CONDITIONS If the Franchisee fails to comply with any material term condition or responsibility under this Franchise the City may provide the Franchisee with written notice of the Csityintent to revoke the Franchise if the Fsranchisee failure is not cured within thirty 30 days of the date of the notice During the thirty 30 days following the date of the notice the Franchisee shall have the opportunity to remedy the failure to comply A public hearing shall be scheduled before the Auburn City Council at least thirty 30 days following the notification on the issue of the revocation If at the hearing the City Council finds that grounds exist to revoke the Franchise under this paragraph and that the revocation is in the public interest the City Council may by resolution revoke the Franchise The revocation shall be effective ninety 90 days after the public hearing SECTION 24 EXPIRATION AND RENEWAL 214 Ifthe Franchisee requests a renewal ofthis Franchise prior to its expiration date which renewal shall be granted on terms reasonable to the parties unless the City can demonstrate in good faith that such renewal would becontrary to its operation ofthe right ofway the City may at the Csity sole discretion extend the term of this Franchise for up to one year beyond the expiration date to allow for processing of the renewal If the City elects to extend the term ofthis Franchise written notice ofthe extension shall be provided to the Franchisee prior to the Franchise expiration date date 224 If the Franchisee has not requested a renewal of this Franchise prior to its expiration date the City has the right upon thirty 30 dsayprior notice to the Franchisee to remove or relocate any ofthe Fsranchisee Facilities as is reasonably necessary for the psublic health welfare or safety orforthe construction alteration or improvement ofthe Franchise Area orfor the construction or installation oflines orfacilities of other franchise holders The Franchisee shall be liable for costs incurred in any removal or relocation of the Fsranchisee Facilities under this section 234 Upon the expiration of this Franchise the Franchisee shall continue to be responsible for the operation and maintenance ofthe Fsranchisee existing facilities in the Franchise Area but shall not have the right to provide additional services This Section and Sections 11 13 14 15 16 18 and 20 of this Franchise shall continue in force until such time as the Fsranchisee Facilities are abandoned to the Csity satisfaction Exhibit AAuburn Resolution No 3650 Auburn Lakehaven Water Franchise Page g of 12 SECTION 25 COMPLIANCE WITH LAWS The Franchisee shall conform to all applicable federal state and local laws and regulations including but not limited to the State Environmental Policy Act and the Csity Environmental Standards and Ordinances SECTION 26 DNISCROIMINANTION CLAUSE In all hiring or employment made possible or resulting from this Franchise there shall be no discrimination against any employee or applicant for employment because of sex sexual orientation age race color national origin marital status or the presence of any sensory mental or physical handicap unless based upon a bona fide occupation qualification No person shall be denied or subjected to discrimination in receipt of the benefit of anyservices or activities made possible by or resulting from this Franchise on the grounds of sex sexual orientation race color national origin age except minimum age and retirement provisions marital status or the presence of any sensory mental or physical handicap SECTION 27 NOTICE All notices between the the two agencies hereunder may be delivered or mailed If mailed they shall be sent to the following respective addresses City ofAuburn Lakehaven Utility District City Engineer General Manager 25 West Main Street 31627 1st Ave South Auburn WA 948909081 PO Box 4249 Tel 3290351130 Federal Way WA948204693 Tel 1295451136 or to such other representative addresses as either party may hereafter from time to time designate in writing All notices and payments mailed by regular post including first class shall be deemed to have been given on the second business day following the date of mailing if properly mailed and addressed Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing if properly mailed and addressed For all types of mail the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing If an emergency situation develops it is recommended that the City or the Franchisee call 911 to solicit an emergency response SECTION 28 ATTORNEYS FEES If either party shall be required to bring any action to enforce any provision of this Franchise or shall be required to defend any action brought by the other party with respect to this Franchise and in the further event that one party shall substantially prevail in such action the losing party shall in addition to all other payments required therein pay all of the prevailing psarty reasonable costs in connection with such action including suchsums as the court or courts may adjudge reasonable as asttorney fees in trial court and in appellate courts Exhibit MN Auburn Resolution No 3650 Auburn Lakehaven Water Franchise Page 10 of 12 SECTION 29 SEVERANCE If any term provision condition or portion of this Franchise is held to be invalid such invalidity shall not affect the validity of the remaining portions ofthis Franchise which shall continue in full force and effect unless the dominant purpose of the Franchise would be prevented or the public interest would no longer be served as determined by the City SECTION 30 EFFECTIVE DATE The resolution approving the Franchise having been introduced at least five days prior to its date of passage and submitted to the city attorney and being approved by at least a majority of the entire city council at a regular city council meeting shall take effect and be in force five calendar days after its passage and approval by both parties to this Franchise SECTION 31 EXISTING UTILITIES This Franchise shall govern existing and future water system facilities currently owned operated and maintained by Lakehaven Utility District within the City of Auburn SECTION 32 DISPUTE RESOLUTION In the event that a dispute arises with regard to the terms of this Franchise Agreement either party may request that the dispute be submitted to bninodinng mediation or arbitration prior to court action Such request for bninodinng mediation orarbitration shall be made in writing and mailed by first classUSMail to the other party The mediator or arbitrator shall be chosen by agreement of the parties Either party may refuse to submit to the dispute resolution process Refusal to engage in the dispute resolution process shall not prejudice the refusing party in any way Exhibit uN Auburn Resolution No 3650 Auburn Lakehaven Water Franchise Page 11 of12 IN WITNESS WHEREOFthe parties hereto have executed this Franchise Agreement as of the day and year first above written LAKEHAVEN UTILITY DISTRICT Approved by Resolution NozhJtæoJfethahven Utility District Federal Way Washington at its regular meeting held onthr day of IlJIJlð4t 2004 By Donald T Perry Ge e al Manager Lakehaven Utility District Al1Pf Steven H Pritchett General Counsel Lakehaven Utility District CITY OF AUBURN By Peter B Lewis Mayor City of Auburn Attest jJ JL J btiIJ0þ4d Danielle Daskam City Clerk AUBURN RESOLUTION NO 3650 LAKEHAVEN REFERENCE NUMBER 2Jð Ob ExhibitAAuburn Resolution No 3650 Auburn Lakehaven Water Franchise Page 120f12 Attachment 1 Auburn Ordinance No 3650 Description of Lakehaven Utility Dsistrict Water Franchise Area BEGINNING AT THE SOUTHWEST CORNER OF SECTION 23 TOWNSHIP 21 NORTH RANGE 4 EAST WM THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 23 TO THE NORTHWEST CORNER OF SAID SECTION 23 AND THE SOUTHEAST CORNER OF SECTION 15 TOWNSHIP 21 NORTH RANGE 4 EAST WM THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 15 TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 15 THENCE NORTHERLY ALONG THE SNOURTH CENTERLINE OF SAID SECTION 15 TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 10 TOWNSHIP 21 NORTH RANGE 4 EASTWM THENCE NORTHERLY ALONG THE SNOURTH CENTERLINE OF SAID SECTION 10 TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 3 TOWNSHIP 21 NORTH RANGE 4 EASTWM THENCE NORTHERLY ALONG THE SNOURTH CENTERLINE OF SAID SECTION 3 TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 34 TOWNSHIP 22 NORTH RANGE 4 EAST WM THENCE NORTHERLY ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF OF SAID SECTION 34 TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF SAID SECTION 34 THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF SAID SECTION 34 TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 35 TOWNSHIP 22 NORTH RANGE 4 EAST WM THENCE EASTERLY ALONG THE EWAESSTT CENTERLINE OF SAID SECTION 35 TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 36 TOWNSHIP 22 NORTH RANGE 4 EAST WM THENCE EASTERLY ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 36 TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SAID SECTION 36 THENCE SOUTHERLY ALONG THE SNOURTH CENTERLINE OF SAID SECTION 36 TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 1 TOWNSHIP 21 NORTH RANGE 4 EASTWM Attachment 1Auburn Ordinance No 3650 Page 1 012 THENCE SOUTHERLY ALONG THE SNOURTH CENTERLINE OF SAID SECTION 1 TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 1 THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 1 TO THE NORTHEAST CORNER OF SECTION 11 TOWNSHIP 21 NORTH RANGE 4 EAST WM THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 11 TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 14 TOWNSHIP 21 NORTH RANGE 4 EAST WM THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 14 TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 23 TOWNSHIP 21 NORTH RANGE 4 EAST WM THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 23 TO THE SOUTHEAST CORNER OF SAID SECTION 23 THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 23 TO THE POINT OF BEGINNING SITUATE IN KING COUNTY WASHINGTON Attachment 1 Auburn Ordinance No 3650 Page 2 of2 rh IJ I r J12J 11 1ull ØW I i rft t f1 I Ii f L Hi ri I J 04 1K il I h1 SJJ LT Ii7iØ 0 tjL IIF 1 I t 1 21 A I I L r ìQ TIi n r8 ftl 21 9i t 1 1COE I IJ I I yJ J I rJTfFlI 011 V í 7í r III f1r h 1 f V trr I ì r J1Uç iif J I I hII Ittt r r JI bi11 cl1 i Legend WaterFranchise Area Attachment 2 Aubum Ordinance No 3650 Iifiiiii j City of Aubum PotenUal AnnexaUon Area RESOLUTION N3O 6 5 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT ESTABLISHING WATER SERVICE BOUNDARIES BETWEEN THE LAKEHAVEN UTILITY DISTRICT AND THE CITY OF AUBURN WHEREAS pursuant to RCW 013A4150 Auburn has the legal authority to exercise its powers and perform any of its functions as set forth in RCW349 and WHEREAS pursuant to RCW 349 the Interlocal Cooperation Act Auburn has the legal authority to cooperate with other localities and utilities on the basis of mutual advantage and the efficient provision of municipal services and WHEREAS pursuant to RCW 312551A0 Auburn has the legal authority to maintain a water system and WHEREAS pursuant to RCW 0054784 Lakehaven has the legal authority whether by contract or otherwise to provide water service to property owners in areas outside existing district boundaries and WHEREAS the parties recognize the responsibility of public water utilities to provide efficient and reliable service to their customers at reasonable cost and Resolution No 3652 January 20 2004 Page 1 WHEREAS Lsakehaven 1998 Draft Comprehensive Water System Plan notes a region within Asuburn Potential Annexation Area hereinafter referred to as Asuburn PM to which Lakehaven intends to provide water service and WHEREAS Lakehaven is currently providing water service within Asuburn PM and WHEREAS portions of the Lakehaven water system have been sized and are situated so as to be capable of affording water to a portion of Asuburn PM and WHEREAS Auburn has evaluated water service issues and determined that it is not cost feasible to provide direct water service within its PM adjacent to Lsakehaven water infrastructure and WHEREAS Lsakehaven delivery of water service to these areas will provide the maximum efficiency in the use of existing and future facilities and water planning NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON HEREBY RESOLVES as follows Section 1 The Mayor of the City of Auburn is herewith authorized to execute a Water Service Boundary Agreement between the Lakehaven Utility District and the City of Auburn in substantial conformity with the agreement Resolution No 3652 January 20 2004 Page 2 attached hereto marked as Exhibit A and incorporated herein by this reference Section 2 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Section 3 This resolution shall be in full force and effect upon passage and signatures hereon DATED tJhdiasJytoLJlüfvjl2004CITY OF AUBURN PETER B LEWIS MAYOR ATTEST lJtJJdl Danielle E Daskam City Clerk Resolution No 3652 January20 2004 Page 3 I IN Wd 30S 11111111111111111111111111111 111111111 11111 11I11111111111111 200508220499 8 PGS 08 22 2005 10 30am 0 00 PIERCE COUNTY WASHINGTON Return Address Auburn City Clerk City of Auburn 25 West Main SI Auburn WA 98001 RECORDER S COVER SHEET Document Title s or transactions contained therein Interlocal Agreement RES 3760 Reference Number s ofDocuments assigned or released DAdditional reference s on page of document Grantor s Borrower s Last name first then first name and initials AllhLlrn City of Grantee Assignee Beneficiary Last name first 1 Bonney Lake City of Legal Description abbreviated ie lot block plat or section township range PER RCW 39 34 D Additional legal is on page of document Assessor s Property Tax Parcel Account Number N A oAssessor Tax not yet assigned ti3 RESOLUTION NO 3 7 6 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ADDENDUM TO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF BONNEY LAKE FOR THE ESTABLISHMENT OF SANITARY SEWER SERVICE BOUNDARIES WHEREAS in March of 1998 the City Council of the City of Auburn adopted Resolution No 2925 authorizing the Mayor and City Clerk to execute a settlement agreement that was subsequently signed by the City of Auburn and the City of Bonney Lake and WHEREAS among other items that settlement agreement set forth a water service area boundary between the City of Auburn and the City of Bonney Lake and WHEREAS subsequent to approval of the settlement agreement the Potential Annexation Areas PM for the City of Auburn and City of Bonney Lake were amended to coincide with the water service area boundary and WHEREAS since the time of the agreement it has been found that a parcel was divided by the water service area boundary set forth in in said settlement agreement and by the subsequent PM boundary established based on the water service area boundary and said parcel lies partially within and partially outside of the Auburn PM and Resolution No 3760 January 18 2005 Page 1 of 2 WHEREAS part of the Lake Tapps Parkway East extension s right of way also lies partially within and partially outside of the Auburn water service area boundary established by the settlement agreement and partially within and partially outside the subsequent PM boundary established based on the water service area boundary and WHEREAS sound growth management and transportation planning principles are best served by including entire parcels and entire street right of ways entirely within a PM NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON HEREBY RESOLVES as follows Section 1 The Mayor and City Clerk are hereby authorized to execute Addendum No 1 to the Settlement Agreement between the City of Auburn and the City of Bonney Lake in substantial conformity with the Addendum attached hereto marked as Exhibit A and incorporated herein by this reference Section 2 That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation Section 3 That this Resolution shall take effect and be in full force upon passage and signatures hereon Resolution No 3760 January 18 2005 Page 2 of2 Dated and Signed this day ofTe Ac l 2005 CITY OF AUBURN m c ATTESTfdDt4r Danlelle E Daskam City Clerk Resolution No 3760 January 18 2005 Page 3of 2 PE ER B LEWIS MAYOR ADDENDUM NO 1 ADDENDUM TO SETTLEMENT AGREEMENT BETWEEN THE CITY OF BONNEY LAKE AND THE CITY OF AUBURN RELATING TO WATER SERVICE AREA BOUNDARY THIS ADDENDUM is made and entered into this I1tday of bltU1l 2005 by and between the CITY OF BONNEY LAKE a municipal corporation of teState of Washington hereinafter referred to as Bonney Lake and the CITY OF AUBURN amunicipal corporation ofthe State ofWashington hereinafter referred to as the Auburn as an addendum to the Settlement Agreement between the parties executed on the 5th day of March 1998 WITN E SSE TH WHEREAS in March 1998 the City Council of the City of Auburn passed Resolution No 2925 authorizing the Mayor and City Clerkto execute a settlement agreement that wassubsequently signed by the City of Auburn and the City of Bonney Lake and WHEREAS among other items the settlement agreement set forth a water service area boundary between the City of Auburn and the City of Bonney Lake and WHEREAS Exhibit B to the settlement agreement implied that Auburn s Urban Growth Area UGA was established to conform with the water service area boundary set forth in the settlement agreement and WHEREAS subsequent to approval of the settlement agreement the Potential Annexation Area PAA for the City of Auburn was amended to coincide with the water service area boundary and WHEREAS Exhibit B to the settlement agreement stated that the UGA and water service area boundary was established to follow property lines and WHEREAS since the time of the agreement it has been found that aparcel was divided by the water service area boundary set forth in said settlement agreement and by the subsequent PAA boundary established based on the water service area boundary and said parcel lies partially within and partially outside of the Auburn PAA and WHEREAS part of the Lake Tapps Parkway East extension s right of way also lies partially within and partially outside ofthe Auburn water service area boundary established by the settlement agreement and partially within and partially outside the subsequent PAAboundary established based on the water service area boundary and Exhibit A Resolution No 3760 Page 1 of 4 Addendum No 1 to the March 1998 Auburn Boney Lake Settlement Agreement Page 1 of 2 WHEREAS sound growth management and planning principles are best served by including entire parcels within aPAA NOW THEREFORE in consideration oftheir mutual covenants conditions and promises the PARTIES DO HEREBY AGREE as follows ITEM ONE ADDITION OF PROPERTY The Settlement Agreement is revised to include a portion of Pierce County parcel 052005 4046 a portion of the Lake Tapps Parkway as it extends from the west boundary of 182nd Ave East west to Auburn s existing Urban Growth Area and a portion of the natural gas pipe line parcel as noted in the attached Exhibit C Exhibit C attached hereto and incorporated by reference as if fully set forth herein shall provide both a graphical representation and a legal description for the parcels that are to be included in Auburn s UGA for urban services and incorporated into the area that Bonney Lake shall be the water purveyor for within Auburn s UGA as defined in the original settlement agreement between Auburn and Bonney Lake ITEM TWO REMAINING TERMS UNCHANGED That That all other provisions of the Settlement Agreement between the parties executed on the 5th day of March 1998 shall remain unchanged and in full force and effect IN WITNESS WHEREOF the parties hereto have executed this Agreement as ofthe day and year first above written c c PETER B LEWIS Mayor Attest Attest 4d4J 6 IO Danielle E Daskam City Clerk Approved as to form IJ 1 e ionne City Attorney J s Addendum NO 1 to the March 1998 Auburn Boney Lake Settlement Agreement Page 2 of 2 lame Exhibit A Resolution No 3760 Page 2 of 4 EXHIBIT C ADDENDUM 1 AUBURN BONNEY LAKE SETTLEMENT AGREEMENT LEGAL DESCRIPTION OF AREA THAT PORTION OF SECTION 5 TOWNSHIP 20 NORTH RANGE 5 EAST W M IN PIERCE COUNTY WASHINGTON DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5 THENCE WESTERLY ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 5 A DISTANCE OF 1360 FEET MORE OR LESS TO THE NORTHWESTERLY LINE OF THE LANDS CONVEYED TO EL PASO NATURAL GAS COMPANY BY DEED RECORDED UNDER PIERCE COUNTY AUDITOR S NUMBER 2410280 THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE A DISTANCE OF 1880 FEET MORE OR LESS TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5 THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 700 FEET MORE OR LESS TO THE WEST LINE OF THE LANDS GRANTED TO PIERCE COUNTY FOR 182ND AVENUE EAST DESCRIBED IN DEED RECORDED UNDER PIERCE COUNTY AUDITOR S NUMBER 2257762 THENCE SOUTHERLY ALONG THE WEST LINE OF 182ND AVENUE EAST AS DESCRIBED IN SAID INSTRUMENT A DISTANCE OF 40 FEET MORE OR LESS TO THE SOUTH LINE OF THE LANDS CONVEYED TO PIERCE COUNTY IN DEED RECORDED UNDER AUDITORS FILE NUMBER 9902110924 THENCE WESTERLY ALONG LAST SAID SOUTH LINE AND ALONG THE SOUTH LINE OF THE LANDS CONVEYED TO PIERCE COUNTY IN DEED RECORDED UNDER AUDITORS FILE NUMBER 200405180889 AND DEPICTED IN MAP ON FILE IN THE OFFICE OF THE DIRECTOR OF PIERCE COUNTY PUBLIC WORKS AND UTILITIES IN TACOMA WASHINGTON ENTITLED LAKE TAPPS PARKWAY EAST RIGHT OF WAY PLAN CRP 5486 AND BEARING APPROVAL DATE OF NOVEMBER 17 2003 A DISTANCE OF 600 FEET MORE OR LESS TO THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5THENCE SOUTHERLY ALONG THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5 A DISTANCE OF 1220 FEET MORE OR LESS TO THE POINT OF BEGINNING i1 S aH ilu V I Yo 8 0 jendui dd c i Ge c ti iLDOC Exhibit A Resolution No 3760 Page 3 of 4 EXHIBIT C Addendum No 1 to the March 199B Auburn Boney Lake Settlement Agreement Page 1 of 2 EXHIBIT C AKE TAPPS P v q 0O EXHIBIT A RESOLUTION NO 3760 PAGE 4OF 4 EXHIBIT C ADDENDUM NO 1 TO THE MARCH 98 AUBURN BONNEY LAKE SETTLEMENT AGREEMENT PAGE 2 OF 2 Return Address Auburn City Clerk City of Auburn 25 West Main St Auburn WA 98001 111111 111111111111 I 20060210002255 PACIFIC NW TIT INTERLOCA 44 00 PAGE001 OF 013 0Z 10 Z006 15 46 I OU RECORDER S COVER SHEET Document Title s or transactions contained therein RJN 3A d Interlocal Agreement Resolution No 3817 CNiQ @144 Reference Number s of Documents assigned or released DAdditional reference s on page of document Grantor s Borrower s Last name first then first name and initials Auburn City of Grantee Assignee Beneficiary Last name first 1 Covington Water District 2 King County Water District No 111 Legal Description abbreviated ie lot block plat or section township range PER RCW 39 34 D Additional legal is on page of document Assessor s Property Tax Parcel Account Number N A oAssessorTax not yet assigned Said document s were fNed for record by Pacific Northwest Titie as modation only Ithas notbeen examined as to proper exeoutton or as to its affect upon title RESOLUTION NO 3817 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERiM WATER SALES AGREEMENT BETWEEN THE CITY OF AUBURN AND COVINGTON WATER DISTRICT AND WATER DISTRICT NO 111 WHEREAS the City Council of the City of Auburn Washington adopted Resolution No 3482 on June 17 2002 authorizing the execution of an Interim Water Sales Agreement between Covington Water District Covington King County Water District No 111 WD 111 and the City of Auburn Auburn under the authority of their respective enabling legislation and under the authority of Chapter 39 34 RCW the Interlocal Cooperation Act and WHEREAS the parties desire to continue the intent of the Agreement to avoid unpredictable water sales and create a predictable and reliable cost for wholesale water to be sold by Auburn to Covington and WD 111 and WHEREAS it is in the public interest for the parties herein to continue the intent of the interim water sales agreement and WHEREAS this Agreement supersedes and replaces the Interim Water Sales Agreement between Auburn Covington and WD 111 which was approved by Resolution No 3482 and executed on June 17 2002 NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON HEREBY RESOLVES as follows Resolution No 3817 January 28 2005 Page Section 1 The Mayor is hereby authorized to execute an Interim Water Sales Agreement between Auburn and Covington and WD 111 in substantial conformity with the agreement attached hereto marked as Exhibit A and incorporated herein by this reference Section 2 That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation Section 3 That this Resolution shall take effect and be in full force upon passage and signatures hereon Dated and Signed this JJ day of 1 J 7 2005 C FA PE ER B LEWIS MAYOR ATTEST l f Id2Pf Daliielle E Daskam City Clerk APOPVFE3D AS TO FORM t1I I 1 f iii Resolution No 3817 January 28 2005 Page 2 Exhibit A INTERIM WATER SALES AGREEMENT between COVINGTON WATER DISTRICT KING COUNTY WATER DISTRICT NO 111 and the CITY of AUBURN This Agreement Agreement is made and entered into this VIlt day of February 2005 by and between Covington Water District Covington a Municipal Corporation King County Water District No 111 WD III a Municipal Corporation collectively referred to herein as the Districts and the City of Auburn Auburn a Municipal Corporation Recitals A The parties to this Agreement are also parties to Interlocal Agreement 2 for the Lea Hilllntertie Project between Covington Water District King County Water District 111 and the City of Auburn IA2 B The parties desire to avoid unpredictable water sales and create a predictable and reliable cost for wholesale water to be sold by Auburn to the Districts C By guaranteeing a minimum purchase of water for a given period of time ie a take or pay approach the cost of water which to a significant extent is based on peaking factors can be minimized for all of Auburn s customers Exhibit A Resolution 3817 1 D This Agreement is intended to establish a rate for a fixed block of water for the mutual benefit of the parties of this Agreement E It is in the interest of the Districts to have a predictable supply of water available and in Auburn s interest to have a predictable and consistent source of revenue from the sale of such water F The parties are authorized to enter into this Agreement under the authority of their respective enabling legislation and under the authority of Chapter 39 34 RCW the Interlocal Cooperation Act G The 1 5 million gallons of water per day MGD take or pay water provided for in this Agreement is a portion of and not in addition to the 5 MGD as addressed in 1A2 Now therefore in consideration of the mutual covenants and promises contained herein and for other good and valuable consideration the adequacy of which is hereby acknowledged the parties hereby agree as follows 1 TAKE OR PAY The Districts agree to purchase an average of 1 5 MGD of water from Auburn on a take or pay basis Take or pay shall mean that the Districts shall pay for 1 5 MGD whether or not the water is actually taken by the Districts the take or pay water also referred to in this Agreement as the Block of water provided Exhibit A Resolution 3817 2 the Block of water may be modified as set forth in Paragraph 5 Annual Review and Adjustment herein If the Districts cannot accept 1 5 mgd due to an emergency as defined in Paragraph 7 they will be billed for the water they receive at the Block rate CHARGES FOR WATER The Districts shall pay the rate per one hundred cubic feet of water CCF for the 1 5 MGD Block shown in Exhibit 1 attached hereto which is by this reference incorporated except as further addressed in Paragraph 3 herein Any water taken in excess Excess Water during the summer June 1 through September 30 shall be billed at the summer overage rate shown in Exhibit 1 Any water taken during an emergency within the Covington and or WD 111 systems as defined in Paragraph 7 shall be billed at the 1 5 mgd Block rate Auburn shall send one monthly bill to WD 111 for all water purchased by the Districts ID QUANTITY AVAILABLE DELIVERED The 1 5 MGD Block of water shall be defined as a block of water to be delivered at an average rate of 1 5 MGD measured over over a rolling 3 day period with total quantities delivered within anysingle day being no more than 10 more or less than 1 5 MGD at the Auburn Intertie Pump Station meter Master Meter If the Districts are unable for any reason to accept the Block of water the minimum monthly payment shall be 1 5 MGD multiplied by the rate then in effect pursuant to Paragraph 2 above If Auburn is Exhibit A Resolution 3817 3 unable to deliver the amount of water requested by the Districts up to the Block of water then Auburn will bill the Districts for the amount of water actually delivered at the block rate pursuant to Paragraph 2 above For the take or pay water Block provided for herein the Districts will be served on the same basis and with the same reliability as service is provided to Auburn s retail customers and any curtailment restrictions or limitations on delivery shall be on same basis as curtailment restrictions or limitations on delivery to Auburn s retail customers ANNUAL TRUE UP OF THE TAKE OR PAY QUANTITY DELIVERED The Master Meter is located at the Lea Hill Intertie Pump Station to measure the flow of water The Master Meter will be read in January of each year to adjust for differences between the Master Meter and the water calculated to have been sold under this take or pay agreement Billing for differences between the Master Meter and the calculated quantities will be charged or credited at the take or pay rate to the District s accounts ID ANNUAL REVIEW ANDADJUSTMENT The initial Block of 1 5 MGD shall remain in effect through December 31 2010 Each year the take or pay Block may be increased by mutual agreement By September 1 of each year the Districts shall notify Auburn of their Exhibit A Resolution 3817 4 intent to continue without change or request an increase in the Block quantity Any requested change in the Block quantity would be effective January 1 of the year following the request In the event that neither party communicates its intent under this provision the Block shall be deemed to continue unchanged ill TERM This Agreement shall remain in full force and effect from the first day of the month following the execution of this Agreement through December 31 2010 provided that this Agreement shall automatically be renewed for an additional year at the conclusion of the term of this Agreement or any extension thereof unless any party provides the others with notice of an intent not to extend this Agreement which notice shall be received by the other parties not less than one year prior to the expiration of the term of this Agreement or any extension thereof The termination of this Agreement shall not affect any rights or obligations under IA2 Il EMERGENCIES For purposes of this Agreement an emergency shall be defined as resulting from a water shortage a major water line break fire demand contamination to the water supply system mechanical equipment failure electrical equipment failure or Puget Sound Energy facility failure or any other mutually agreed upon emergency within the water supply system An emergency period shall be for no more than five 5 working days without written request Exhibit A Resolution 3817 5 by the Districts and approval by Auburn in writing to extend the emergency period The City may change reduce or limit the time for or temporarily discontinue any water supplied for an emergency in excess of the Block quantity without notice Prior to a planned interruption or limiting of emergency service the City will notify the Districts of such not less than three days prior to the service disruption The City agrees to use best efforts and reasonable diligence to notify the Districts as soon after it becomes aware of the need for emergency service disruption and further will to the extent practical limit the service disruption to daylight hours ID JOINT AND SEVERAL OBLIGATION The obligation of the Districts as set forth therein shall be a Joint and Several obligation of the Districts Allocation of the take or pay Block of water and the payment for such water shall be negotiated between the Districts outside of this Agreement ID PRIOR AGREEMENT SUPERSEDED This Agreement supersedes and replaces the Interim Water Sales Agreement between Auburn Covington and WD 111 executed on June 17 2002 Exhibit A Resolution 3817 6 In witness whereofthe participants hereto have caused this day of tebrM ry ATTEST i dI1u1r bamelle E Daskam City Clerk FAU y PETER B LEWIS MAYOR 7 COVINGTON WATER DISTRICT 1l J KING COUNTY WATER DISTRICT NO 111 dt Jfd GENERAL MANAGER ATTEST Ik APPSROVE TOtORM Iu Distict Attorney l 8 Interim Water Sales Aareement Between Covinaton Water District Kina County Water District No 111 And the City of Auburn Exhibit 1 Take or Pay Monthl Rates Year Base Charge 1 5 MGD and Summer Winter Overage Overage Rate 2005 175 00 085 1 5 MGD rate 0 25 2006 175 00 085 1 5 MGD rate 0 25 2007 175 00 0 85 1 5 MGD rate 0 25 2008 175 00 085 X CPI 1 5 MGD rate 025 2009 175 00 2008 Rate X 1 5 MGD rate CPI 025 2010 175 00 2009 Rate X 1 5 MGD rate CPI 025 Covington and WD 111 are each responsible for paying a Base Charge of 175 00 per month per district CPI means the Consumer Price Index Urban for the Seattle Tacoma Bremerton area for the month of October of the prior year divided by the October value of the year prior to that see example below Example CPI for 2008 equals the October 2007 CPI value divided by the October 2006 value 9 RESOLUTION NO 3886 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY AND NEW CINGULAR WIRELESS PCS LLC FOR THE PURPOSE OF LEASING PROPERTY FOR COMMUNICATION EQUIPMENT THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREBY RESOLVES as follows Section 1 The Mayor and City Clerk of the City of Auburn are herewith authorized to execute a Lease Agreement between the City and New Cingular Wireless PCS LLC in substantial conformity with the agreement attached hereto for the purpose of leasing property at 5702 South 316th Street Auburn for communication equipment A copy of said Agreement is attached hereto and denominated Exhibit A and incorporated herein by this reference Section 2 That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation Section 3 That this Resolution shall take effect and be in full force upon passage and signatures hereon Resolution No 3886 August 3 2005 Page 1 cB Dated and Signed this I I day of eM2005 OF AUBURN P TER B LEWIS MAYOR ATTEST aJdI t J Danielle E Daskam City Clerk AP VED AS TO FORM1 f2J1 aniel B City Attorney Resolution No 3886 August 3 2005 Page 2 SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT Lease is by and between the Citv of Auburn a municipal corporation under the existing laws of the State of Washington having a mailing address of 25 West Main Auburn WA 98001 Landiord and New Cingular Wireless PCS LLC a Delaware limited liability company successor in interest to AT T Wireless Services of Washington LLC an Oregon limited liability company dba AT T Wireless by AT T Wireless Services Inc a Delaware corporation its Member having a mailing address of 6100 Atlantic Boulevard Norcross GA 30071 Tenant 1 Lease Aqreement a Landlord hereby leases to Tenant a portion of the real property legally described as follows THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11 TOWNSHIP 21 NORTH RANGE 4 EAST W M EXCEPT THE WEST 663 FEET OF THE NORTH 663 FEET OF THE SOUTH 693 FEET THEREOF AND EXCEPT THE SOUTH 30 FEET THEREOF CONVEYED TO THE CITY OF AUBURN FOR SOUTH 316TH STREET BY INSTRUMENT RECORDED UNDER RECORDING NO 8503210865 AS PROVIDED BY RESOLUTION NO 1565 OF THE CITY OF AUBURN SITUATE IN THE CITYOF AUBURN COUNTY OF KING STATE OF WASHINGTON collectively referred to hereinafter as the Property The Lease includes the right to operate a personal communications service antenna installation on Landlord s property on the terms and conditions set forth herein b Tenant agrees to the Lease subject to the following terms and conditions Landlord hereby leases to Tenant the use of that portion of the Property as legally described as follows COMMENCING AT THE SOUTHEAST CORNER OF THE WEST 663 0 FEET OF THE NORTH 663 0 FEET OF THE SOUTH 693 0 FEET OF THE NORTHEAST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 11 TOWNSHIP 21 NORTH RANGE 4 E W M THENCE NORTH 00 25 35 EAST ALONG THE EAST LINE OF SAID PARCEL 249 00 FEET THENCE SOUTH 89 0 34 25 EAST 40 00 FEET TO THE TRUE POINT OF BEGINNING THENCE CONTINUING SOUTH 89034 25 EAST 80 00 FEET THENCE SOUTH 0 0 25 35 WEST 75 00 FEET THENCE NORTH 89 0 34 25 WEST 80 00 FEET THENCE NORTH 00 25 35 EAST 75 00 FEET TO THE TRUE POINT OF BEGINNING SITUATED IN THE CITY OF AUBURN RECORDS OF KING COUNTY WASHINGTON collectively referred to hereinafter as the Lease Area The Lease Area located at 5702 South 316t Street Auburn Washinqton comprises approximately an area not to exceed 6 000 square feet c The Lease shall be nonexctusive and shall not preclude Landlord from granting a similar lease right license franchise etc to other carriers or other persons for telecommunications or any other purpose so long as the subsequent agreement protects Tenant s rights granted by this Leased Landlord further hereby leases to Tenant the use of that portion of the Property as legally described as follows BEGINNING AT THE SOUTHEAST CORNER OF THE WEST 663 0 FEET OF THE NORTH 663 0 FEET OF THE SOUTH 693 0 FEET OF THE NORTHEAST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 11 TOWNSHIP 21 NORTH RANGE 4 E W M THENCE NORTH o 0 25 35 EAST 249 00 FEET THENCE SOUTH 89 0 34 25 EAST 40 00 FEET THENCE SOUTH 0 025 35 WEST 75 00 FEET THENCE SOUTH 89 o 34 25 EAST 80 00 FEET THENCE SOUTH 0 25 35 WEST 47 00 FEET THENCE NORTH 89 034 25 WEST 90 00 FEET THENCE SOUTH o 0 25 35 WEST 40 00 FEET THENCE SOUTH 48 0 00 00 EAST 80 00 FEET THENCE SOUTH 23 0 30 00 EAST 33 60 FEET MORE OR LESS TO THE NORTH MARGIN OF SOUTH 316TH STREET THENCE SOUTH 88 039 09 WEST ALONG SAID NORTH MARGIN 103 52 TO THE POINT OF BEGINNING SITUATED IN THE CITY OF AUBURN RECORDS OF KING COUNTY WASHINGTON collectively referred to hereinafter as the Access and Utility Easement The Access and Utility Easement comprises approximately an area not to exceed 16 155 square feet2 Term The initial term of this Lease shall be five 5 years commencing on September 1 2005 Commencement Date and terminating at midnight on the last day of the initial term Initial Term 3 Antenna Facilities Tenant may use the Lease Area for the transmission and reception of radio communication signals and for the construction installation operation maintenance repair removal or replacement of related facilities necessary for the operation of a telecommunications facility as well as for access and utilities These facilities include an antenna tower not to exceed 150 feet in height and base together with a supporting outbuilding for housing of electronic equipment related to the antennas and wireless communications system and an emergency generator collectively the Antenna Facilities the maintenance of which shall not violate ACC 828 010 regarding noise 4 Rent Tenant shall pay Landlord as rent Twelve Thousand and no 100 dollars 12 000 00 per year Rent Rent shall be payable within twenty 20 days following the Commencement Date and thereafter the Rent will be payable yearly no later than the anniversary of the Commencement Date to Citv of Auburn Water Utility Fund Account Number 430 369 900 at Landlord s address specified in Section 12 below The Rent shall increase annually over the Rent payable the preceding year in proportion to the increase of the All Items category of the Consumer Price Index for Urban Wage Earners and Clerical Workers published by the Bureau of Labor Statistics of the U S Department of Labor for SeattleEverett Metropolitan Area the Index The first adjustment shall be based on the amount if any by which the Index for the 12month of the Lease term has increased over the Index for the month preceding the commencement of the lease term Subsequent adjustments will be based on the amount if any by which the Index for each subsequent 12month of the Lease term has increased over the Index for the 12 month of the preceding 12 month period It shall be the responsibility of the Landlord to track the CPI and notify the Tenant of increases or reductions in the Rent Landlord shall notify Tenant within 90 days of the commencement of the Renewal Term as to the revised rate at which the Rent shall be increased annually thereafter Landlord will invoice Tenant for back Rent due or refund over payment as necessary to correct the payment received for the first year of the Renewal Term If at any time the CPi ceases to incorporate a significant number of items if a substantial change is made in the method of establishing the CPI or if issuance of the CPI shall be discontinued then the Landlord and Tenant shall mutually agree upon another standard recognized cost of living index issued by the United States Government provided that if the parties cannot reach agreement on such other standard cost of living index then the Landlord shall select the index closest to the CPI In either case the substitute index chosen shall result in increases in the Rent similar to those that had been or would have been generated by the CPI If this Lease is terminated at a time other than on the anniversary of the Commencement Date Rent shall be prorated as of the date of termination for any reason other than a default by Tenant and all prepaid Rent shall be refunded to Tenant within sixty 60 days 5 Renewal Tenant may extend this Lease for 5 additional five year terms each a Renewal Term Each Renewal Term shall be on the same terms and conditions as set forth herein including the Rent increase set forth in Section 4 above This Lease shall automatically renew for each successive Renewal Term unless Tenant notifies Landlord in writing of Tenants intention not to renew this Lease at least ninety 90 days prior to the expiration of the Initial Term or any Renewal Term Landlord may during any Renewal Term notify Tenant in writing of Landlord s intention not to renew this Lease for an additional Renewal Term which notice shall be provided to Tenant at ieast one hundred and eighty 180 days prior to the expiration of the then in effect Renewal Term Landlord may during the final one hundred and eighty 180 days of the Initial Term or any Renewal Term conduct a market survey to determine the fair market value of the Lease The Rent for the next Renewal Term will be established by the results of the market survey with each subsequent years Rent governed by the terms of Section 4 however under no circumstance will the Rent decrease as a result of the market survey below the amount of the most recently established rate in existence prior to the market survey If Landlord and Tenant cannot reach agreement on the Rent for the next Renewal Term prior to the end of the initial or any renewal term the Lease will not renew IfTenant shall remain in possession of the Lease Area at the expiration of this Lease or any Renewal Term without a written agreement such tenancy shall be deemed a month to month tenancy under the same terms and conditions of this Lease 6 Interference Tenant and Landlord shall not operate in a manner which interferes with the other party s operations on the Property Tenants Antenna Facilities and the use thereof shall not interfere with the use of any other communication or similar equipment of any kind and nature owned or operated by Landlord or other iessee licensees franchisees etc existing and operating on the Property prior in time to the commencement of this Lease and subsequent to the installation by Tenant of the Antenna Facilities Landlord agrees to exercise reasonable care to assure equipment of subsequent providers leasing space on the Property does not interfere with Tenants Antenna Facilities operations The Landlord however is not in any way responsible or liable for any interference with Tenants use of Landlords Property which may be caused by the use and operation of any other tenants equipment even if caused by new technology so long as such equipment continues to operate within its existing frequencies and in compliance with all applicabie laws and FCC rules and regulations In the event there is interference between Tenant and any third party such interference will be resolved by and between the parties affected however if such interference cannot be resolved to Tenant s satisfaction within forty eight 48 hours from commencement of such interference then the parties acknowledge that Tenant will suffer irreparable injury and therefore Tenant will have the right in addition to any other rights that it may have at law or in equity to terminate this Lease upon 30 days notice to Landlord and restore the Landlord s Property to its original condition reasonable wear and tear and loss due to casualty or other causes beyond Tenants control excepted 7 Improvements Utilities Access a Tenant shall have the right at its expense to erect and maintain on the Lease Area improvements personal property and facilities necessary to operate its communications system including antenna tower and base radio transmitting and receiving antennas and related cables and conduits equipment shelters and or cabinets and related cables and utility lines and a location based system including coaxial cable base units and other associated equipment as such location based system may be permitted by any cpunty state or federal agency department Tenant shall have the right to alter replace and expand within the confines of the Lease Area as defined in Section 1 and without interference to other providers tenants enhance and upgrade the Antenna Facilities at any time during the term of this Lease Tenant shall cause all construction to occur lien free and in compliance with all applicable laws and ordinances Landlord acknowledges that it shall not interfere with any aspects of construction including attempting to direct construction personnel as to the location of or method of installation of the Antenna Facilities The Antenna Facilities shall remain the exclusive properly of Tenant Tenant shall have the right to remove the Antenna Facilities at any time during and upon the expiration or termination of this Lease b Tenant shall at its sole expense secure the Lease Area with a perimeter security fence including a gate at the entrance c Tenant shall at Tenant s expense keep and maintain the Lease Area and Antenna Facilities now or hereafter located on the Property in commercially reasonable condition and repair during the term of this Lease normal wear and tear and loss due to casually or other causes beyond Tenants control excepted Upon termination or expiration of this Lease the Lease Area and Antenna Facilities areas shall be returned to Landlord in good usable condition normal wear and tear and loss due to casualty or other causes beyond Tenants control excepted within ninety 90 days d Tenant shall have the right to install utilities power and telephone at Tenant s expense and to improve the present utilities on the Property including but not limited to the installation of emergency power generators Landlord agrees to cooperate with Tenant in its reasonable efforts to acquire necessary utility service Tenant shall wherever practicable install separate meters for utilities used on the Property by Tenant Landlord shall diligently correct any variation interruption or failure of utility service within Landlord s control e Tenant shall have 24 hours a day 7 days a week access to the Lease Area Access at all times during the Initial Term of this Lease and any Renewal Term In the event Landlord its employees or agents unreasonably deny Access to Tenant its employees or agents Tenant shall without waiving any other rights that it may have at law or in equity deduct from Rent amounts due under this Lease an amount equal to Fifty and no 100 Dollars 50 00 per day for each day that Access is impeded or denied 8 Termination Except as otherwise provided herein this Lease may be terminated without any penalty or further liability as follows a upon thirty 30 days written notice by Landlord if Tenant fails to cure a default for payment of amounts due under this Lease within that thirty 30 day period b immediately if Tenant is unable to obtain maintain or otherwise forfeits or cancels any license including without limitation an FCC license permit or any Governmental Approval necessary to the installation and or operation of the Antenna Facilities or Tenants business c upon ninety 90 days written notice by Tenant if the Lease Area or the Antenna Facilities are or become unacceptable under Tenant s design or engineering specifications for its Antenna Facilities or the communications system to which the Antenna Facilities belong e at the time title to the Property transfers to a condemning authority pursuant to a taking of all or a portion of the Property sufficient in Tenants determination to render the Lease Area unsuitable for Tenants use Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to such taking I Landlord may terminate this Lease if Landlord needs the Lease Area for expansion of Landlord s responsibility to provide its services and Landlord has no reasonable or economical altemative site available provided Landlord provides Tenant written notice twelve 12 months in advance of Landlord s need to re establish Landlord s sole use of the Lease Area Upon Tenants receipt of written notice Tenant shall have six 6 months to submit to Landlord alternative locations for its Antenna Facilities Such alternative locations may be on the Property or other properties owned or managed by Landlord Landlord shall evaluate such altematives and advise Tenant in writing if one or more of the alternatives is suitable to accommodate Tenants Antenna Facilities To be asuitable altemative location such location will not unreasonably result in any interruption of the communications service of Tenant on Landlord s Property nor will it impair or in any manner alter the quality of communications service provided by Tenant on and from Landlord s owned or managed properties Tenant shall submit additional relevant information to assist the Landlord in making such evaluation Landlord shall give each altemative location proposed by Tenant full and fair consideration within a reasonable time so as to allow for the relocation work to be performed in a timely manner If in Tenant s reasonablejudgment no suitable altemative location can be found Tenant shall remove its Antenna Facilities as otherwise provided in this Section 7 c of this Lease If an altemative location for Tenants Antenna Facilities is found Landlord and Tenant agree to enter into a new Lease Agreement with the same terms and conditions of this Lease gJ If during the term of this Lease there is a determination made pursuant to an official unappealable order of the Federal Communications Commission or any other applicable law order ordinance regulation directive or standard as stated above that use of the Antenna Facilities by the Tenant poses a human health hazard which cannot be remediated then a Tenant shall immediately cease all operations of the Antenna Facilities and b the Lease shall terminate as of the date of such order without further liability If for reasons related to public health safety or welfare Landlord determines that this Lease must be terminated then Landlord reserves rights of unilateral termination and will do so by providing Tenant with a six 6 month written notice h Tenant shall be entitled toa pro rata refund of its prepaid Rent for any termination of this Lease by Landlord pursuant to Subsection 8 1 or 8 g 9 Default and Rioht to Cure Notwithstanding anything contained herein to the contrary and without waiving any other rights granted to it at law or in equity each party shall have the right but not the obligation to terminate this Lease on written notice pursuant to Section 12 hereof to take effect immediately if the other party i fails to perform any covenant for a period of thirty 30 days after receipt of written notice thereof to cure or ii commits a material breach of this Lease and fails to diligently pursue such cure to its completion after sixty 60 days written nptice to the defaulting party 10 Taxes Landlord shall pay when due all real property taxes or other fees and assessments for the Property including the Lease Area In the event that Landlord fails to pay any such real property taxes or other fees and assessments Tenant shall have the right but not the obligation to pay such owed amounts and deduct them from Rent amounts due under this Lease Notwithstanding the foregoing Tenant shall pay any personal property tax State leasehold tax excise tax real property tax or any othertax or fee which are directly attributable to the presence or installation of Tenants Antenna Facilities only for so long as this Lease has not expired of its own terms or is not terminated by either party Landlord hereby grants to Tenant the right to challenge whether in aCourt Administrative Proceeding or other venue on behalf of Landlord and or Tenant any personal property or real property tax assessments State leasehold d immediately upon written notice by Tenant if the Lease Area or the Antenna Facilities are destroyed or damaged so as in Tenants reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities In such event all rights and obligations of the parties shall cease as of the date of the damage or destruction and Tenant shall be entitled to the reimbursement on a prorated basis of any Rent prepaid by Tenant If Tenant elects to continue this Lease then all Rent shall abate until the Lease Area and or the Antenna Facilities are restored to the condition existing immediately prior to such damage or destruction or e at the time title to the Property transfers to acondemning authority pursuant to ataking of all or a portion of the Property sufficient in Tenants determination to render the Lease Area unsuitable for Tenants use Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to such taking f Landlord may terminate this Lease if Landlord needs the Lease Area for expansion of Landlord s responsibility to provide its services and Landlord has no reasonable or economical alternative site available provided Landlord provides Tenant written notice twelve 12 months in advance of Landlord s need to erstaeblish Landlord s sole use of the Lease Area Upon Tenants receipt of written notice Tenant shall have six 6 months to submit to Landlord alternative locations for its Antenna Facilities Such alternative locations may be on the Property or other properties owned or managed by Landlord Landlord shall evaluate such alternatives and advise Tenant in writing if one or more of the alternatives is suitable to accommodate Tenants Antenna Facilities To be a suitable alternative location such location will not unreasonably result in any interruption of the communications service of Tenant on Landlord s Property nor will it impair or in any manner alter the quality of communications service provided by Tenant on and from Landlord s owned or managed properties Tenant shall submit additional relevant information to assist the Landlord in making such evaluation Landlord shall give each alternative location proposed by Tenant full and fair consideration within a reasonable time so as to allow for the relocation work to be performed in a timely manner If in Tenants reasonable judgment no suitable alternative location can be found Tenant shall remove its Antenna Facilities as otherwise provided in this Section 7 c of this Lease If an alternative location for Tenants Antenna Facilities is found Landlord and Tenant agree to enter into a new Lease Agreement with the same terms and conditions of this Lease g If during the term of this Lease there is a determination made pursuant to an official unappealable order of the Federal Communications Commission or any other applicable law order ordinance regulation directive or standard as stated above that use of the Antenna Facilities by the Tenant poses a human health hazard which cannot be remediated then a Tenant shall immediately cease all operations of the Antenna Facilities and b the Lease shall terminate as of the date of such order without further liability If for reasons related to public health safety or welfare Landlord determines that this Lease must be terminated then Landlord reserves rights of unilateral termination and will do so by providing Tenant with a six 6 month written notice h Tenant shall be entitled to apro rata refund of its prepaid Rent for any termination of this Lease by Landlord pursuant to Subsection 8 f or 8 g 9 Default and Rioht to Cure Notwithstanding anything contained herein to the contrary and without waiving any other rights granted to it at law or in equity each party shall have the right but not the obligation to terminate this Lease on written notice pursuant to Section 12 hereof to take effect immediately if the other party i fails to perform any covenant for a period of thirty 30 days after receipt of written notice thereof to cure or ii commits a material breach of this Lease and fails to diligently pursue such cure to its completion after sixty 60 days written notice to the defaulting party 10 Taxes Landlord shall pay when due all real property taxes or other fees and assessments for the Property including the Lease Area In the event that Landlord fails to pay any such real property taxes or other fees and assessments Tenant shall have the right but not the obligation to pay such owed amounts and deduct them from Rent amounts due under this Lease Notwithstanding the foregoing Tenant shall pay any personal property tax State leasehold tax excise tax real property tax or any other tax or fee which are directly attributable to the presence or installation of Tenants Antenna Facilities only for so long as this Lease has not expired of its own terms or is not terminated by either party Landlord hereby grants to Tenant the right to challenge whether in a Court Administrative Proceeding or other venue on behalf of Landlord and or Tenant any personal property or real property tax assessments State leasehold tax or excise tax that may affect Tenant If Landlord receives notice of any personal property or real property tax assessment State leasehold tax or excise tax against the Landlord which may affect Tenant and is directly attributable to Tenants installation Landlord shall provide timely notice of the assessment to Tenant sufficient to allow Tenant to consent to or challenge such assessment Further Landlord shall provide to Tenant any and all documentation associated with the assessment and shall execute any and all documents reasonably necessary to effectuate the intent of this Section 10 11 Insurance and Subrooation and Indemnification a Tenant shall provide Commercial General Liability Insurance naming Landlord the City of Auburn as additional insured in an aggregate amount of Two Million and no 100 dollars 2 000 000 00 Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master policy of liability insurance Tenant may maintain b Tenant shall indemnify protect defend and hold Landlord and its employees and agents harmless from and against any and all claims liabilities judgments costs damages and expenses including reasonable attorney s fees arising out of or in any way related to Tenants operation of the Antenna Facilities including but not limited to the installation maintenance operation or removal thereof except to the extent that such claim liability judgment cost damage or expense arises out of the negligent act or omission or willful misconduct of Landlord or its employees or agents Landlord shall not be liable to Tenant its agents employees and contractors for damage to the Antenna Facilities or any other property belonging to Tenant from any cause except for any damage caused by the negligent act or omission or willful misconduct of Landlord or its employees or agents Tenant waives all claims against Landlord and its employees and agents for damage to persons or Antenna Facilities or property arising for any reason other than aclaim based on the negligent act or omission or willful misconduct of Landlord or its employees or agents Landlord and its employees and agents shall have no liability to Tenant for any interruption of any utility service unless caused by the negligent act or omission or willful misconduct of Landlord or its employees or agents Should a court of competent jurisdiction determine that this Lease is subject to RCW 4 24 115 then in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Tenant and the Landlord its officers officiais employees and volunteers the Landlord s liability hereunder shall be only to the extent of the Landlord s negligence It is further specifically and expressly understood that the indemnification provided herein constitutes the Tenants waiver of immunity under Industrial Insurance Title 51 RCW solely for the purposes of this indemnification This waiver has been mutually negotiated by the parties The provisions of this section shall survive the expiration or termination of this Lease 12 Notices All notices requests demands and other communications shall be in writing and are effective three 3 days after deposit in the U S mail certified and postage paid or upon receipt if personally delivered or sent by next business day delivery via a nationally recognized overnight courier to the addresses set forth below Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to the other party If to Tenant to With acopv to coCingular Wireless LLC Atln Network Real Estate Administration 6100 Atlantic Boulevard Norcross GA 30071 Re Site SS02 Aubum Cingular Wireless PCS LLC Atln Legal Department 15 East Midland Avenue Paramus NJ 07652 Re Site SS02 Auburn Ifto Landlord to wnh acopv to Public Works Director City of Auburn 25 West Main St Auburn WA 98001 City Attorney City of Auburn 25 West Main St Auburn WA 98001 13 Quiet Eniovment Title and Authoritv Landlord covenants and warrants to Tenant that i Landlord has full right power and authority to execute this Lease i1 it has good and unencumbered title to the Properly free and clear of any liens or mortgages except those disclosed to Tenant and which will not interfere with Tenants rights to or use of the Lease Area and i1i execution and performance of this Lease will not violate any laws ordinances covenants or the provisions of any mortgage lease or other agreement binding on Landlord 14 Environmental Laws Landlord represents that it has no knowledge knowledge of any substance chemical or waste collectively Hazardous Substance on the Properly that is identified as hazardous toxic or dangerous in any applicable federal state or local law or reguiation Landlord and Tenant shall not introduce or use any Hazardous Substance on the Property in violation of any applicable law Landiord shall be responsible for and shall promptly conduct any investigation and remediation as required by any applicable environmental laws for all spills or other releases of any Hazardous Substance not caused in whole or in part by Tenant that have occurred or which may occur on the Property Each parly agrees to defend indemnify and hold harmless the other from and against any and all administrative and judicial actions and rulings claims causes of action demands and liability collectively Claims including but not limited to damages costs expenses assessments penalties fines losses judgments and reasonable attorney fees that the indemnnee may suffer or incur due to the existence or or discovery of any Hazardous Substances on the Properly or the migration of any Hazardous Substance to other properties or the release of any Hazardous Substance into the environment collectively Actions that relate to or arise from the indemnitor s activities on the Property Landlord agrees to defend indemnify and hold Tenant harmless from Claims resulting from Actions on the Property not caused by Landlord or Tenant prior to and during the Initial Term and any Renewal Term of this Lease The indemnifications in this section specifically include without limitation costs incurred in connection with any investigation of site conditions or any cleanup remedial removal or restoration work required by any governmental authority This Section 14 shall survive the termination or expiration of this Lease 15 Assionment and Subleasino All of the terms and provisions contained herein shall inure to the benefit of and shall be binding upon the parties hereto and their respective heirs legal representatives successors and assigns This Lease shall not be assigned by Tenant without the express written consent of Landlord which consent shall not be unreasonably withheld delayed or conditioned Any attempted assignment in vioiation of this Section shall be void The transfer of the rights and obligations of Tenant to a parent subsidiary or other affiliate of Tenant or to any successor In interest or entity acquiring fifty one percent 51 or more of Tenants stock or assets shall not be deemed an assignment Tenant shall give to Landlord thirty 30 days prior written notice of any such transfer Additionally Tenant may upon notice to Landlord mortgage or grant a security interest in this Lease and the Antenna Facilities and may assign this Lease and the Antenna Facilities to any mortgagees or holders of security interests including their successors or assigns collectively Mortgagees provided such Mortgagees agree to be bound by the terms and provisions of this Lease In such event Landlord shall execute such consent to leasehold financing as may reasonably be required by Mortgagees Landlord agrees to notify Tenant and Tenants Mortgagees simultaneously of any default by Tenant and to give Mortgagees the same right to cure any default as Tenant or to remove any property of Tenant or Mortgagees located on the Lease Area except that the cure period for any Mortgagees shall not be less than thirty 30 days after receipt of the default notice as provided in Section 9 of this Lease All such notices to Mortgagees shall be sent to Mortgagees at the address specified by Tenant Failure by Landlord to give Mortgagees such notice shall not diminish Landlord s rights against Tenant but shall preserve all rights of Mortgagees to cure any default and to remove any property of Tenant or Mortgagees located on the Lease Area The Lease Area shall be used exclusively as a site for a wireless telecommunications facility The Tenant may allowuse of all or aportion of the Lease Area or their Antenna Facilities by others with prior written approval of the Landlord 16 Removal of Antenna Facilities The Antenna Facilities are and shall remain the property of the Tenant and upon the expiration or earlier termination of this Lease Tenant shall at Tenants sole cost and expense remove the Antenna Facilities and restore the Lease Area to its original condition normal wear and tear and loss due to casualty or other causes beyond Tenants control excluded 17 Miscellaneous a The substantially prevailing party in any litigation including any arbitration to which the parties shall submit arising hereunder shall be entitled to its reasonable attorneys fees and court costs including appeals if any b This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers negotiations and other agreements There are no representations or understandings of any kind not set forth herein Any amendments to this Lease must be in writing and executed by both parties At such time as the Auburn City Council approves any regulation affecting telecommunications Tenant agrees to amend this Lease as determined by the Landlord in order to compiy with any future ordinance related to telecommunications provided however that in no event shall such regulation i materially interfere with or affect Tenants operation of its Antenna Facilities or iI increase Tenants financial obligations under the terms of this Lease except as provided herein or impose some new financial obligations not already contemplated by this Lease No amendment change or modification of this Lease shall be valid unless in writing and signed by all parties hereto c Each party agrees to cooperate with the other in executing any documents including a Memorandum of Lease in substantially the form attached hereto as Exhibit A necessary to protect its rights or use of the Lease Area The Memorandum of Lease may be recorded in place of this Lease by either party In the event the Property is encumbered by a mortgage or deed of trust Landlord agrees upon request of Tenant to obtain and furnish to Tenant a non disturbance and attornment agreement for each such mortgage or deed of trust in a form reasonably acceptable to Tenant Tenant may obtain title insurance on its interest in the Lease Area d This Lease shall be construed in accordance with the laws of the state in which the Property is located e If any term of this Lease is found to be void or invalid such finding shall not affect the remaining terms of this Lease which shall continue in full force and effect The parties agree that if any provisions are deemed not enforceable they shall be deemed modified to the extent necessary to make them enforceable No provision of this Lease will be deemed waived by either party unless expressly waived in writing signed by the waiving party No waiver shall be implied by delay or any other act or omission of either party No waiver by either party of any provision of this Lease shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision f The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their individual or representative capacity as indicated gl This Lease may be executed in any number of counterpart copies each of which shall be deemed an original but all of which together shall constitute asingle instrument h All Exhibits referred to herein and any Addenda are incorporated herein for all purposes The parties understand and acknowiedge that Exhibit A Memorandum of Lease is attached to this Site Lease Agreement The terms of all Exhibits are incorporated herein for all purposes i If Landlord is represented by any broker or any other leasing agent Landlord is responsible for all commission fees or other payment to such agent and agrees to indemnify and hold Tenant harmless from all claims by such broker or anyone claiming through such broker If Tenant is represented by any broker or any other leasing agent Tenant is responsible for all commission fee or other payment to such agent and agrees to indemnify and hold Landlord harmless from all claims by such broker or anyone claiming through such broker 18 Headinos The caption and paragraph headings used in this Lease are inserted for convenience of reference only and are not intended to define limit or affect the interpretation or construction of any term or provision hereof 19 Liens Except with respect to activities for which Landlord is responsible Tenant shall pay as due all ciaims for work done on and for services rendered or material furnished to the Antenna i1ity and shall keep the Antenna Facility free from all liens burrL r l By Its SEP 1 9 2005 Taxpayer ID Number 9 00 122 g Date TENANT New Cingular Wireless PCS LLC a Delaware limited liability company By Print Name SOLl Its LlRf vr e A Date I acknowledgements to follow on next page STATE OF bJA COUNTY OF k IJe ss I certify that I know or have satisfactory evidence that Ate 13 JL h1s the person who appeared before me and said person acknowledged that he signed this instrument on oath stated at he was authorized to execute the strument and acknowledged it as the at of h offttbt rl1 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Dated If 20GJ 1J Notary Public lO Print Name 2 6111 lieG JJ UI residing at GrllA CJ My commission expires itJ ZS 7 r IIII fQ ss O Td I O oqr OS J o f m r I I f t LtC I i 0 0 07 O I 7 tj 6 Sl Use this space for notary stamp seal STATE OFw 1I1A6mN ss COUNTY OF VAy I certify that I know or have satisfactory evidence that IE Vdtt AUI is the person who appeared beforeme and said person acknowledged that he signed this instrument on oath stated that he was authorized to execute the instrument and acknowledged it as the 1NT1e llTJdtJJR of New Cinguiar Wireless PCS LLC the limited liability company to be the free and voluntary act of such partyfor the uses and purposes mentioned in the instrument Dated IcJ Ofj o ry Public Print Name residing at JfJ rte IAfi My commission expires t 1 Notary Public State of Woshlngton HEATHER MAREE VtllilGHT Y AppoIntment Expires Mar 14 2009 Use this space for notary stamp seal Exhibit A MEMORANDUM OF LEASE to the Site Lease Agreement executed on the jtc day of s l 2005 by and between the City of Auburn as Landlord and New Cingular Wireless PC LLC as Tenant MOL to follow on next page Return to Graham Dunn PC Busch Pier 70 2801 Aiaskan Way Suite 300 Seattle WA 98121 Re Cell Site SS02 Cell Site Name Auburn State Washington County King MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE is by and between the City of Auburn a municipal corporation under the existing laws of the State of Washington having a mailing address of 25 West Main Auburn WA 98001 Landlord and New CinQular Wireless PCS LLC a Delaware limited liability company having a mailing address of 6100 Atlantic Boulevard Norcross GA 30071 Tenant 1 Landl d and Tenant entered into a certain Site Lease Agreement Lease on the 9 day of t 2005 for the purpose of installing operating and maintaining a comm nications faCility and other improvements All of the foregoing are set forth in the Lease 2 Landlord is leasing to Tenant a portion of the Property described in Exhibit A annexed hereto 3 The initial term of the five 5 years commences on September 1 2005 The Lease will automatically renew for five 5 separate consecutive periods of five 5 years each upon the same terms and conditions of the Lease unless Tenant notifies Landlord in writing of Tenants intention not to renew the Lease at least ninety 90 days prior to the expiration of the existing term Unless earlier terminated the Lease will expire on August 31 2035 4 This Memorandum of Lease is not intended to amend or modify and shall not be deemed or construed as amending or modifying any of the terms conditions or provisions of the Lease all of which are hereby ratified and affirmed In the event ofa conflict between the provisions of this Memorandum of Lease and the provisions of the Lease the provisions of the Lease shall control 5 The Lease shall be binding upon and inure to the benefit of the parties and their respective heirs successors and assigns subject to the provisions of the Lease IN WITNESS WHEREOF the parties have executed this Memorandum of Lease as of the day and year first above written 0 By 1 Print Name Its cv4tD7 1VM L2 JI dfi Date to oS acknowledgements to follow on next page STATE OF t4u COUNTY OF I V ss I certify that I know or have satisfactory evidence that tye g LeSiis the person who appeared before me and said person acknowledged that he signed this instrument on oath stated that he was authorized to execute the instrument and ackno jledged it as the IIAfU of G i ir oT lrubu1 to be the free nd voluntary act of such party for the uses and purposes mentioned in the instrument Dated Jrd 9 s f j CfJA Notary Public Print Name 1lll iC E t2 S1af11 residing at E11 IUd My commission expires IJ 2 Z7 7 w ELLe 1 O IIIS810 0 V NOJd t 0 eo L d jl W c Co toG 0 0 s 07 IfA O Use this 8106 OI1lotary stamp seal STATE OF 4JWtt nlAJ ss COUNTYOF AVU4 I certify that I know or have satisfactory evidence that E nA kolJ is the person who appeared before me and said person acknowledged that he signed this instrument on oath stated that he was authorized to execute the instrument and acknowledged it as the EltEWTInill 7 of New Cingular Wireless PCS LLC the limited liability company to be the free and and voluntary act of such party for the uses and purposes mentioned in the instrument Dated 0 05 Notory PubNc Stole ot Woshlngton HEATHER MAREE WRIGHT AppoIntment Expires Mar 14 2009 Use this space for notary stamp seal N ary Public Pn t Name residing at My commission expires EXHIBIT A DESCRIPTION OF PROPERTY to the Memorandum of Lease executed on the qJday of 1 2005 by and between the City of Auburn as Landlord and New Cingular Wireless PC LLC as Tenant The Property is described and or depicted as follows THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11 TOWNSHIP 21 NORTH RANGE 4 EAST W M EXCEPT THE WEST 663 FEET OF THE NORTH 663 FEET OF THE SOUTH 693 FEET THEREOF AND EXCEPT THE SOUTH 30 FEET THEREOF CONVEYED TOTHE CITYOF AUBURN FOR SOUTH 316TH STREET BY INSTRUMENT RECORDED UNDER RECORDING NO 8503210865 AS PROVIDED BY RESOLUTION NO 1565 OF THE CITY OF AUBURN SITUATE IN THE CITY OF AUBURN COUNTY OF KING STATE OF WASHINGTON RESOLUTION NO 3920 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT ESTABLISHING WATER SERVICE BOUNDARIES BETWEEN THE CITY OF KENT KING COUNTY WATER DISTRICT NO 111 AND THE CITY OF AUBURN WHEREAS pursuant to RCW 35 A11 040 Auburn has the legal authority to exercise its powers and perform any of its functions as set forth in RCW 39 34 and WHEREAS pursuant to Chapter 39 34 RCW the Interlocal Cooperation Act Auburn has the legal authority to cooperate with other localities and utilities on the basis of mutual advantage and the efficient provision of municipal services and WHEREAS pursuant to Chapter 39 34 RCW the Interlocal Cooperation Act Kent has the legal authority to cooperate with other localities and utilities on the basis of mutual advantage and the efficient provision of municipal services and WHEREAS pursuant to Chapter 39 34 RCW the Interlocal Cooperation Act WD 111 has the legal authority to cooperate with other localities and and utilities on the basis of mutual advantage and the efficient provision of municipal services and WHEREAS the parties recognize the responsibility of public water utilities to provide efficient and reliable service to their customers at reasonable cost and WHEREAS Kent owns and desires to be the water service provider for a property currently within the corporate limits of Kent and within the service areas of Auburn and WD 111 and WHEREAS pursuant to Chapter 70 116 RCW Public Water System Coordination Act the Parties determined and agreed upon the water service areas between the Parties as set forth in the South King County Coordinated Water System Plan Plan and the Parties now desire to modify their water service area boundaries as agreed in this Agreement Resolution No 3920 May 25 2006 Page 1 NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON HEREBY RESOLVES as follows Section 1 The Mayor of the City of Auburn is herewith authorized to execute a Water Service Boundary Agreement between the City of Kent King County Water District No 111 and the City of Auburn in substantial conformity with the agreement attached hereto marked as Exhibit A and incorporated herein by this reference Section 2 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Section 3 This resolution shall be in full force and effect upon passage and signatures hereon Resolution No 3920 May 25 2006 Page 2 DATED this staay Of J 2006 ATTEST IOtUWtL1 J banleJle E Daskam City Clerk Resolution No 3920 May 25 2006 Page 3 PETER B LEWIS MAYOR @W1 Grantee A 1 sSlgnee Beneficia 2 Kent City of ry Last name first King County Water District No 111 Legal Description abbreVlated ie lot block p I at or section townshlp range PER RCW 39 34 o Additional legal is on page of document Assessor s Pro N A perty Tax ParcellAccount Number oAssessor Tax not yet assigned rIQORtby Pacific 8 8IOOIM1odation 11tfe eX8mlned as only It not been to 10 to proper 8Xecutio atf8ct upon tille n EXHIBIT A CITY OF KENT KING COUNTY WATER DISTRICT NO 111 and CITY OF AUBURN INTERLOCAL AGREEMENT ESTABLISHING WATER SERVICE BOUNDARIES IS AGREEMENT Agreement made and entered into this day of l 2006 by and between the City of Kent a Washington municipal co poration Kent King County Water District No 111 a Washington municipal corporation WD 111 and the CITY OF AUBURN a Washington municipal corporation Auburn all being duly organized and existing under and by virtue of the laws of the State of Washington individually a Party and collectively the Parties WITNESSETH WHEREAS pursuant to RCW 35A11 040 Auburn has the legal authority to exercise its powers and perform any of its functions as set forth in RCW 39 34 and WHEREAS pursuant to Chapter 39 34 RCW the Interlocal Cooperation Act Auburn has the legal authority to cooperate with other localities and utilities on the basis of mutual advantage and the efficient provision of municipal services and WHEREAS pursuant to Chapter 39 34 RCW the Interlocal Cooperation Act Kent has the legal authority to cooperate with other localities and utilities on the basis of mutual advantage and the efficient provision of municipal services and WHEREAS pursuant to Chapter 39 34 RCW the Interlocal Cooperation Act WD 111 has the legal authority to cooperate with other localities and utilities on the basis of mutual advantage and the efficient provision of municipal services and WHEREAS the parties recognize the responsibility of public water utilities to provide efficient and reliable service to their customers at reasonable cost and WHEREAS Kent owns and desires to be the water service provider for a property currently within the corporate limits of Kent and within the service areas of Auburn and WD 111 and WHEREAS pursuant to Chapter 70 116 RCW Public Water System Coordination Act the Parties determined and agreed upon the water service areas between the Parties as set forth in the South King County Coordinated Water System Exhibit A Auburn Resolution No 3920 Kent WD 111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 1 of 9 Plan Plan and the Parties now desire to modify their water service area boundaries as agreed in this Agreement NOW THEREFORE in consideration of the terms and conditions set forth herein the Parties agree as follows 1 Water Service Area WD 111 and Auburn agree to relinquish to Kent the water service area depicted on the m p attached hereto as Attachment 1 and legally described in Attachment 2 which are by this reference incorporated herein The Parties agree that the South King County Coordinated Water System Plan and the water service area boundaries as set forth in the Plan shall be modified to be in accordance with the Parties water service area boundaries as set forth in Attachment 12 Management Regulation and Control ofWater System Kent WD 111 and Auburn shall have the sole responsibility and authority to construct maintain manage conduct and operate their water systems within their designated water service areas as depicted in Attachment 1 together with any additions extensions and betterments thereto 3 Future Annexations The Parties agree that Kent shall provide water service to the area depicted in Attachment 1 without regard to the present corporate boundaries of the Parties and without regard to future corporate boundaries as they may be periodically altered through annexation 4 Kent Comprehensive Water Planning The terms of this Agreement will be included as an amendment to Kents Comprehensive Water System Plan Kent will submit to Auburn and WD 111 its Comprehensive Water System Plans and amendments thereto 5 WD 111 Comprehensive Water Planning The terms of this Agreement will be included as an amendment to WD 111 s Comprehensive Water Plan WD 111 will submit to Kent and Auburn its Comprehensive Water System Plans and amendments thereto 6 Auburn Comprehensive Water Planning The terms of this Agreement will be included as an amendment to Auburn s Comprehensive Water Plan Auburn will submit to Kent and WD 111 its Comprehensive Water System Plans and amendments thereto 7 Reliance Each Party hereto acknowledges that the terms hereof will be relied upon by the other in its comprehensive planning to meet the needs of the service area designated herein Exhibit A Auburn Resolution No 3920 Kent WD 111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 2 of 9 8 Liability Except as set forth in Section 12 regarding default failure to perform or negligent conduct the Parties agree that this Agreement shall not be a source of liability between the Parties for any failure or interruption of service in the service area of any Party as designated in this Agreement 9 Government Notifications Auburn will give notice of the adoption of this Agreement to Metropolitan King County to the Washington State Department of Health to the South King County Regional Water Association to the Water Utility Coordinating Committee and to any other agency with jurisdiction over or interest in the terms hereof and the Parties shall cooperate and assist each other in all reasonable manner in procuring any necessary approvals hereof by those agencies 10 Boundary Review Board In the event that implementation of the terms herein result in permanent water service to areas that will be outside the respective service boundaries of Kent WD 111 or Auburn the Parties will at the time of such service jointly file a notice of intention with the King County Boundary Review Board in accordance with Chapter 36 93 090 RCW and Chapter 57 08 047 RCW 11 Alteration Amendment or Modification Kent WD 111 and Auburn hereby reserve the right to alter amend or modify the terms and conditions of this Agreement only upon written agreement of the Parties to such alteration amendment or modification 12 Indemnification and Hold Harmless Each Party hereto agrees to protect defend and indemnify the other Parties their officers officials employees and agents from any and all cost claims judgments and or awards of damages arising out of or in any way resulting from the indemnifying Party s its employees subcontractors or agents default failure of performance or negligent conduct associated with this agreement Each Party agrees that its obligations under this provision extend to any claim demand and or cause of action brought by or on behalf of any of its employees or agents The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party s immunity under Washington s Industrial Insurance Act RCW Title 51 as respects the other Parties only and only to the extent necessary to provide each Party with a full and complete indemnity of claims made by the other Party s employees The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them 13 Integration This Agreement constitutes the entire agreement of the Parties regarding the subject matter hereof and there are no other representations or oral agreements other than those listed herein which vary the terms of this Agreement Future agreements may occur between the Parties to transfer additional or future service areas by mutual agreement Exhibit A Auburn Resolution No 3920 Kent WD 111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 3 of 9 14 Obligation Intact Nothing herein shall be construed to alter the rights responsibilities liabilities or obligations of Kent WD 111 or Auburn regarding provision of water service except as specifically set forth herein 15 Duration This Agreement shall take effect on the last day approved by all of the Parties and shall remain in effect until modified by written agreement of the Parties 16 Recording Pursuant to RCW 39 34 040 following the approval and execution of this Agreement by the Parties this Agreement shall be filed with the King County Auditor Exhibit A Auburn Resolution No 3920 Kent WD 111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 4 of 9 CITY OF KENT Approved by Motion No regular meeting held on the 2006 of the City of Kent Kent Washington at its d day of 2dL Approved as to form i1 tt City of Kent I City Attorney KING COUNTY WATER DISTRICT NO 111 Approved by Resolution No of the King County Water District No 111 Kent Washington at its regular meeting held on the 8 day of JI 2006 By iJA 0 Patrick Hanis President King County Water District No 111 Approv d aSflV q ormI tv lL v I c General Counsel ty Water District No 111 Exhibit A Auburn Resolution No 3920 Kent WD 111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 5 of 9 CITY OF AUBURN Approved by Resolution No 39 of the City of Auburn Washington at its regular meeting held on the day of u 2006 O Peter B Lewis Mayor City of Auburn Attest Qyajl Damelle Daskam City Clerk Exhibit A Auburn Resolution No 3920 Kent WD 111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 6of 9 U1 ST 284th E 286th I CITY SERVI 0 i SE 288th ST SE 288TH PL qpJ t C2 rn WATER DISTRICT 11 rn SERVICE AREA0C2C G S qpJco SE 304th ST TH ST CITY OF AUB RN SE 305TH PL Q SERVld Q THST ARE SE 306TH SE 306TH CT I w to z VJ rn CJ SE SE 307TH P 306TH PL rn SE 30T T w SE 308TH PL SE 308T SE 308TH PL H PL SE 308TH PL I 0 CITY OF KENT KING COUNTY WATER DISTRICT NO 111 AND CITY OF AUBURN INTERLOCAL AGREEMENT ESTABLISHING WATER SERVICE BOUNDARIES ATTACHMENT 1 Attachment 2 Legal Description THAT PORTION OF THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 4 TOWNSHIP 21 NORTH RANGE 5 EAST W M IN KING COUNTY WASHINGTON DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 3 IN SAID SECTION 4 THENCE WEST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 A DISTANCE OF 30 FEET TO THE WEST MARGIN OF 124TH AVENUE SOUTHEAST AND THE TRUE POINT OF BEGINNING THENCE SOUTH ALONG SAID WEST MARGIN TO THE NORTHERLY MARGIN OF SOUTHEAST 304TH STREET THENCE WESTERLYALONG SAID NORTHERLY MARGIN OF SE 304TH STREET TO THE SOUTHEAST CORNER OF THE PLAT OF CRYSTAL MEADOWS AS RECORDED IN VOLUME 194 OF PLATS AT PAGES 66 AND 67 RECORDS OF KING COUNTY THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY EDGE OF SAID PLAT TO THE MOST NORTHERLY CORNER OF LOT 10 OF SAID PLAT THENCE WESTERLY ALONG THE NORTH EDGE OF SAID PLAT TO THE NORTHWEST CORNER OF LOT 15 OF SAID PLAT THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 15 TO A POINT 50 FEET NORTH OF THE SOUTHEAST CORNER OF TRACT 11 OF THE PLAT OF THE SOUND TRUSTEE COMPANY S THIRD ADDITION ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 13 OF PLATS AT PAGE 100 RECORDS OF KING COUNTY WASHINGTON THENCE NORTHWESTERLY TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF SAID TRACT 11 SAID POINT LYING 135 FEET WEST OF THE EAST LINE OF SAID TRACT 11 Exhibit A Auburn Resolution No 3920 Kent WD 111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 8 of 9 THENCE NORTH ALONG LAST SAID WEST LINE AND THE WEST LINE OF GOVERNMENT LOT 3 OF SAID SECTION 4 TO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3 THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 TO THE TRUE POINT OF BEGINNING Exhibit A Auburn Resolution No 3920 Kent WD 111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 9 of 9 RESOLUTION NO 4008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO TERMINATE EMERGENCY WATER SUPPLY INTERTIE AGREEMENT NO 2 BETWEEN THE CITY OF AUBURN AND LAKEHAVEN UTILITY DISTRICT WHEREAS pursuant to RCW 39 34 the Interlocal Cooperation Act the City of Auburn and Lakehaven Utility District entered into Emergency Water Supply Intertie Agreement 2 in 1998 and WHEREAS Lakehaven Utility District and City of Auburn Interlocal Agreement Resolution No 3652 establishing water service boundaries has been executed and WHEREAS portions of the Lakehaven water system have been constructed to supply water to apportion of Auburn s PAA and WHEREAS Auburn has evaluated water service issues and determined that it is not cost feasible to provide direct water service within its PAA above the 160 foot elevation adjacent to Lakehaven s water infrastructure and WHEREAS Lakehaven s delivery of water service to these areas will provide the maximum efficiency in the use of existing and future facilities and water planning and WHEREAS the constructed intertie facility is within the Lakehaven Utility District water service area and would need to be relocated to serve as an emergency connection and Resolution No 4008 April 6 2006 Page 1 WHEREAS if an emergency intertie is required one would be constructed at the location covered under emergency water supply agreement nO 1 NOW THEREFORE THE COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH RESOLVES THAT Section 1 The Mayor of the City of Auburn is herewith authorized to terminate the Emergency Water Supply Intertie Agreement No 2 between the City and Lakehaven Utility District attached hereto marked as Exhibit A and incorporated herein by this reference Section 2 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Section 3 This resolution shall be in full force and effect upon passage and signatures hereon DATEDlhiSmayot t 2006 CITY OF AUBURN PETER B LEWIS MAYOR m Resolution No 4008 April 6 2006 Page 2 ATTEST Ala DrZ Jb Danielle E Daskam City Clerk APPROVED AS TO FORM Daniel B Heid City Attorney Resolution No 4008 April 6 2006 Page 3 11 nrJ 1 I1 11Ij II1j 11 1IIjI EMERGENCY WATER SUPPLY AGREEMENT LakehavenlAuburn Intertie No 2 THIS AGREEMENT made and entered into by and between the City ofAuburn hereinafter referred to as City and Lakehaven Utility District hereinafter referred to as District WITNESSETH WHEREAS the City has water facilities in the vicinity ofawater main ofthe District and WHEREAS the City can increase fire protection reliability for its customers if water is available from the District and WHEREAS the District is willing to provide to the City service necessary to increase fire fighting reliability upon the terms and conditions set forth herein NOW THEREFORE IT IS MUTUALLYAGREED as follows 1 The District hereby grants to the City the right to connect awater meter and appurtenances to the end ofthe 8 inch water main located in avault at the intersection of R Street NW on Abby Drive in King County Washington 2 The meter described in Paragraph No 1 herein is installed to increase fire fighting reliability or emergency water supply Water shall not be withdrawn from the supply without the prior written approval ofthe District At such time the City shall state the requested time ofcommencement duration ofuse and quantity ofwater tobe so used 3 The City shall comply with all District resolutions and rules relating to connection to the District s water system including but not limited to the District s written approval of plans and specifications for the connection prior to construction 4 The City shall pay to the District the same connection fee rates and charges and monthly service charges except for capital facilities charge as are established from time to time by District resolution and as are applicable to the use of a six 6 inch meter The current monthly service charge for a six 6 inch meter is 238 20 per month The current rate for water use is OA8 ccffor winter usage November June and O 96 ccffor summer usage July October and these rates shall be in effect until such time as the District amends its rate resolution or until a meter of different size is utilized 5 This Agreement shall not authorize or permit the City to take water from the connection described herein beyond what is described in paragraph 2 ORIGINAL Exhibit A Resolution No 2954 W3ord EI IAntuerbloucma1 Emergency Water Supply Agreement doc dim 04 08 98 Page 1 1II 11 6 The cost ofthe meter installation pursuant to this Agreement shall be fully reimbursed by the City and shall become the property ofthe District upon completion ofinstallation 7 a In case ofemergency or whenever the public health safety or the equitable distribution ofwater so demands the District may change reduce or limit the time for or temporarily discontinue the supply of water without notice b Water service may be temporarily interrupted limited for purposes ofmaking repairs extensions or doing other necessary work and c The District shall not be responsible for any damage resulting from interruption change or failure ofthe water supply and the City shall save and hold harmless the District from any loss damages or suites to or by customers ofthe City resulting from interruption change or failure ofwater supply provided by this Agreement except damages arising out ofthe District s negligence Prior to a planned interruption or limiting of service the District will notify the City ofsuch not less than three days prior to the service disruption The District agrees to use best efforts and reasonable diligence to notify City as soon after it becomes aware ofthe need for service disruption and further will to the extent practical limit the service disruptions to daylight hours 8 In the event ofnon performance of any provision herein by the City District may shut off water supplied pursuant to this Agreement 9 This Agreement may be terminated by either party hereto upon 60 days written notice to the other party IN WITNESS WHEREOF we have hereunto set our hands and seals CITY OF AUBURN King County Washington BY II l l 9 Mayor Date By City Attorney LAKEHAVEN UTILITY DISTRICT King County Washington By td Approv 4 Cfe Date By ORIGINAL W3ord EAluntberulomcal Emergency Water Supply Agreement doc dim 04 08 98 Page 2 RESOLUTION NO 4018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY AND CLEARWIRE LLC FOR THE PURPOSE OF LEASING PROPERTY FOR COMMUNICATION EQUIPMENT THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREBY RESOLVES as follows Section 1 The Mayor and City Clerk of the City of Auburn are herewith authorized to execute a Lease Agreement between the City and Clearwire LLC for the purpose of leasing space on the Lakeland Hills water reservoir for communication equipment A copy of said Agreement is attached hereto and denominated Exhibit A and incorporated herein by this reference Section 2 That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation Section 3 That this Resolution shall take effect and be in full force upon passage and signatures hereon Resolution No 4018 April 18 2006 Page 1 r Dated and Signed this day YOVlcufr 2006 CITY OF AUBURN wCS PETER B LEWIS MAYOR ATTEST APPROVED AS TO FORM Resolution No 4018 April 18 2006 Page 2 SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT Lease is by and between the City of Auburn a municipal corporation under the existing laws of the State of Washington having a mailing address of 25 West Main Auburn WA 98001 Landlord and Clearwire LLC a Nevada limited liability company Tenant 1 Lease Aqreement Landlord hereby leases to Tenant the property generally described and depicted in Exhibit A Memorandum of Lease attached hereto and incorporated by reference Lease Area including space on Landlord s water tank located on the Property Water Tank Area said lease area being a portion of the real property legally described in Exhibit A Property The Lease shall be nonexclusive and shall not preclude Landlord from granting a similar lease right license franchise etc to other carriers or other persons for telecommunications or any other purpose so long as the subsequent agreement protects Tenants rights granted by this Lease 2 Term This Lease shall commence on the date of full execution hereof Commencement Date Date and run for a period of five 5 years terminating at midnight on the fifth anniversary of the Commencement Date Initial Term 3 Tenants Use of the Lease Area Antenna Facilities a Tenants use of the Lease Area and Property shall be strictly limited to those uses set forth in this Section 3 Tenant may use the Lease Area for the transmission and reception of radio communication signals and for the construction installation operation maintenance repair removal or replacement of related facilities necessary for the operation of a telecommunications facility as well as for access and utilities Tenant may place its ground based telecommunications equipment only within the portion of the Lease Area identified as the Compound on Exhibit A Tenant may install antennas within the Water Tank Area b Tenant shall have the right at its expense to erect and maintain on the Lease Area improvements personal property and facilities necessary to operate its communications system including radio transmitting and receiving antennas and related cables and conduits equipment shelters and or cabinets and related cables and utility lines and a location based system including coaxial cable base units and other associated equipment as such location based system may be permitted by any county state or federal agency department Tenant shall have the right to alter replace and expand within the confines of the Lease Area as defined in Section 1 and without interference to other providers tenants enhance and upgrade the Antenna Facilities at any time during the term of this Lease Tenant shall cause all construction and operation to occur lien free and in compliance with all applicable laws and ordinances Landlord acknowledges that it shall not interfere with any aspects of construction including attempting to direct construction personnel as to the location of or method of installation of the Antenna Facilities The Antenna Facilities shall remain the exclusive property of Tenant Tenant shall have the right to remove the Antenna Facilities at any time during and upon the expiration or termination of this Lease c Tenant shall at Tenants expense keep and maintain the Lease Area and Antenna Facilities now or hereafter located on the Property in commercially reasonable condition and repair during the term of this Lease normal wear and tear and loss due to casualty or other causes beyond Tenants control excepted Tenant may install and maintain landscape plantings within the Lease Area Tenant shall replace any existing landscape plantings damaged during the installation or operation of Tenants Antenna Facilities Upon termination or expiration of this Lease the Lease Area shall be returned to Landlord in good usable condition normal wear and tear and loss due to casualty or other causes beyond Tenant s control excepted within ninety 90 days d Tenant shall remove any and all telecommunications equipment and appurtenances installed by Metricom Inc on the Water Tank or Property Rather than removing Metricom Inc equipment and appurtenances Tenant may choose to utilize all or a portion of the equipment and appurtenances if it is in good and safe working order Any Metricom Inc equipment removed by Tenant is to be disposed of legally at Tenants expense e In addition to using the Lease Area Tenant may utilize the Property to install and use underground conduits running from the Compound in a generally straight line to the base of the Water Tank and then extend up the side of the Water Tank to the Antenna Facilities f Tenant shall have the right to install utilities power and telephone at Tenant s expense and to improve the present utilities on the Property including but not limited to the installation of emergency power generators Landlord agrees to cooperate with Tenant in its reasonable efforts to acquire necessary utility service Tenant shall wherever practicable install separate meters for utilities used on the Property by Tenant Landlord shall diligently correct any variation interruption or failure of utility service within Landlord s control g Prior to installation of equipment Tenant shall submit for Landlord review and approval which approval shall not be unreasonably withheld or delayed an electrical and grounding connection plan that assures no interference with the Water Tank cathodic protection system The plan shall include a 3 minimum diameter common use conduit enclosure for cables from the ground level to top of tank This conduit may be utilized by other telecommunication providers until such time as it is filled to capacity at which time new providers will need to pay for upsizing Upon Landlord approval of the plans Tenant may proceed to install and operate the Antenna Facilities 4 Rent a Tenant shall pay Landlord as rent 12 000 Thousand and no 100 dollars 12 000 00 per year Rent Rent shall be payable within twenty 20 days following the Commencement Date and thereafter the Rent will be payable yearly no later than the anniversary of the Commencement Date to Citv of Auburn Water Utilitv Fund Account Number 430 369 900 at Landlord s address specified in Section 13 below The Rent shall increase annually over the Rent payable the preceding year in proportion to the increase of the All Items category of the Consumer Price Index for Urban Wage Earners and Clerical Workers published by the Bureau of Labor Statistics of the U S Department of Labor for Seattle Everett Metropolitan Area the Index The first adjustment shall be based on the amount if any by which the Index for the 1 ih month of the Lease term has increased over the Index for the month preceding the commencement of the lease term Subsequent adjustments will be based on the amount if any by which the Index for each subsequent 1ih month of the Lease term has increased over the Index for the 1 ih month of the preceding 12 month period It shall be the responsibility of the Landlord to track the CPI and notify the Tenant of increases or reductions in the Rent Landlord shall notify Tenant within 90 days of the commencement of the Renewal Term as to the revised rate at which the Rent shall be increased annually thereafter Landlord will invoice Tenant for back Rent due or refund over payment as necessary to correct the payment received for the first year of the Renewal Term If at any time the CPI ceases to incorporate a significant number of items if a substantial change is made in the method of establishing the CPI or if issuance of the CPI shall be discontinued then the Landlord and Tenant shall mutually agree upon another standard recognized cost of living index issued by the United States Government provided that if the parties cannot reach agreement on such other standard cost of living index then the Landlord shall select the index closest to the CPI In either case the substitute index chosen chosen shall result in increases in the Rent similar to those that had been or would have been generated by the CPI If this Lease is terminated for any reason other than a default by Tenant at a time other than on the anniversary of the Commencement Date Rent shall be prorated as of the date of termination and all prepaid Rent shall be refunded to Tenant within sixty 60 days b In addition to the monetary rent described in section 4 a Tenant shall provide Landlord with twenty five 25 Clearwire base data service accounts or equivalent for Landlord use Tenant shall cover any service charges for the accounts provided to Landlord under this Agreement for the duration of the Initial Term and any Renewal Terms Landlord may require additional service accounts each additional account requested by Landlord and provided by Tenant shall reduce the annual rent by Twenty Five Dollars 25 00 per month Landlord agrees to purchase from Tenant at Tenants cost any communication hardware required to utilize the accounts provided by Tenant under this Agreement 5 Renewal Tenant may extend this Lease for 5 additional five year terms each a Renewal Term Each Renewal Term shall be on the same terms and conditions as set forth herein including including the Rent increase set forth in Section 4 above This Lease shall automatically renew for each successive Renewal Term unless Tenant notifies Landlord in writing of Tenant s intention not to renew this Lease at least ninety 90 days prior to the expiration of the Initial Term or any Renewal Term Landlord may during any Renewal Term notify Tenant in writing of Landlord s intention not to renew this Lease for an additional Renewal Term which notice shall be provided to Tenant at least one hundred and eighty 180 days prior to the expiration of the then in effect Renewal Term If Tenant shall remain in possession of the Lease Area at the expiration of this Lease or any Renewal Term without a written agreement such tenancy shall be deemed a month to month tenancy under the same terms and conditions of this Lease 6 Interference Tenant and Landlord shall not operate in a manner which interferes with the other party s operations on the Property Tenants Antenna Facilities and the use thereof shall not interfere with the use of any other communication or similar equipment of any kind and nature owned or operated by Landlord or other lessee licensees franchisees etc existing and operating on the Property prior in time to the commencement of this Lease and subsequent to the installation by Tenant of the Antenna Facilities Landlord agrees to exercise reasonable care to assure equipment of subsequent providers leasing space on the Property does not interfere with Tenants Antenna Facilities operations The Landlord however is not in any way responsible or liable for any interference with Tenants use of Landlords Property which may be caused by the use and operation of any other tenants equipment even if caused by new technology so long as such equipment continues to operate within its existing frequencies and in compliance with all applicable laws and FCC rules and regulations In the event there is interference between Tenant and any third party such interference will be resolved by and between the parties affected however if such interference cannot be resolved to Tenants satisfaction within forty eight 48 hours from commencement of such interference then the parties acknowledge that Tenant will suffer irreparable injury and therefore Tenant will have the right in addition to any other rights that it may have at law or in equity to terminate this Lease upon 30 days notice to Landlord and restore the Landlord s Property to its original condition reasonable wear and tear and loss due to casualty or other causes beyond Tenant s control excepted 7 Access a Tenant shall have the right during the Initial Term and of this Lease and any Renewal Term for ingress and egress to the Property over the south fifteen 15 feet of Lot 6 Lakeland Hills Division Number 3 Extension according to the plat thereof recorded in Volume 145 of Plats pages 72 and 73 in King County Washington b Tenant shall have 24 hours a day 7 days a week access to the Lease Area Access at all times during the Initial Term of this Lease and any Renewal Term In the event Landlord its employees or agents unreasonably deny Access to Tenant its employees or agents Tenant shall without waiving any other rights that it may have at law or in equity deduct from Rent amounts due under this Lease an amount equal to fifty and no 100 dollars per day for each day that Access is impeded or denied Access to Landlord facilities beyond the Lease Area including but not limited to the water reservoir site and the water reservoir require 48 hours notice to the Water Division Supervisor of the City of Auburn Water Utility phone 253 931 3066 Access to Landlord facilities will only occur with Landlord supervision Tenant agrees to reimburse Landlord for Landlord expenses attributed to supervising Tenant while accessing Landlord facilities The hourly rate for Landlord supervision during City standard office hours will be 32 50 per hour in calendar year 2006 The hourly rate shall increase annually on January 151 over the hourly rate payable the preceding year by not less than three and one half percent 3 5 or the CPI Urban for the Seattle Tacoma area whichever is the greater unless a different hourly rate amount is negotiated 8 Termination Except as otherwise provided herein this Lease may be terminated without any penalty or further liability as follows a upon thirty 30 days written notice by Landlord if Tenant fails to cure a default for payment of amounts due under this Lease within that thirty 30 day period b immediately if Tenant is unable to obtain maintain or otherwise forfeits or cancels any license including without limitation an FCC license permit or any Governmental Approval necessary to the installation and or operation of the Antenna Facilities or Tenant s business c upon ninety 90 days written notice by Tenant if the Lease Area or the Antenna Facilities are or become unacceptable under Tenants design or engineering specifications for its Antenna Facilities or the communications system to which the Antenna Facilities belong d immediately upon written notice by Tenant if the Lease Area or the Antenna Facilities are destroyed or damaged so as in Tenant s reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities In such event all rights rights and obligations of the parties shall cease as of the date of the damage or destruction and Tenant shall be entitled to the reimbursement on a prorated basis of any Rent prepaid by Tenant If Tenant elects to continue this Lease then all Rent shall abate until the Lease Area and or the Antenna Facilities are restored to the condition existing immediately prior to such damage or destruction or e at the time title to the Property transfers to a condemning authority pursuant toa taking of all or a portion of the Property sufficient in Tenants determination to render the Lease Area unsuitable for Tenants use Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to such taking f Landlord may terminate this Lease if Landlord needs the Lease Area for expansion of Landlord s responsibility to provide its services and Landlord has no reasonable or economical alternative site available provided Landlord provides Tenant written notice twelve 12 months in advance of Landlord s s need to re establish Landlord s sole use of the Lease Area Upon Tenants receipt of written notice Tenant shall have six 6 months to submit to Landlord alternative locations for its Antenna Facilities Such alternative locations may be on the Property or other properties owned or managed by Landlord Landlord shall evaluate such alternatives and advise Tenant in writing if one or more of the alternatives is suitable to accommodate Tenants Antenna Facilities To be a suitable alternative location such location will not unreasonably result in any interruption of the communications service of Tenant on Landlord s Property nor will it impair or in any manner alter the quality of communications service provided by Tenant on and from Landlord s owned or managed properties Tenant shall submit additional relevant information to assist the Landlord in making such evaluation Landlord shall give each alternative location proposed by Tenant full and fair consideration within a reasonable time so as to allow for the relocation work to be performed in a timely manner If in Tenants reasonable judgment no suitable alternative location can be found Tenant shall remove its Antenna Facilities as otherwise provided in this Section 3 c of this Lease If an alternative location for Tenants Antenna Facilities is found Landlord and Tenant agree to enter into a new Lease Agreement with the same terms and conditions of this Lease g If during the term of this Lease there is a determination made pursuant to an official unappealable order of the Federal Communications Commission or any other applicable law order ordinance regulation directive or standard as stated above that use of the Antenna Facilities by the Tenant poses a human health hazard which cannot be remediated then a Tenant shall immediately cease all operations of the Antenna Facilities and b the Lease shall terminate as of the date of such order without further liability If for reasons related to public health safety or welfare Landlord determines that this Lease must be terminated then Landlord reserves rights of unilateral termination and will do so by providing Tenant with a six 6 month written notice 9 Default and Riqht to Cure Notwithstanding anything contained herein to the contrary and without waiving any other rights granted to it at law or in equity each each party shall have the right but not the obligation to terminate this Lease on written notice pursuant to Section 13 hereof to take effect immediately if the other party i fails to perform any covenant for a period of thirty 30 days after receipt of written notice thereof to cure or ii commits a material breach of this Lease and fails to diligently pursue such cure to its completion after sixty 60 days written notice to the defaulting party 10 Taxes Landlord shall pay when due all real property taxes or other fees and assessments for the Property including the Lease Area In the event that Landlord fails to pay any such real property taxes or other fees and assessments Tenant shall have the right but not the obligation to pay such owed amounts and deduct them from Rent amounts due under this Lease Notwithstanding the foregoing Tenant shall pay any personal property tax State leasehold tax excise tax real property tax or any other tax or fee which are directly attributable to the presence or installation of Tenants Antenna Facilities only for so long as this Lease has not expired of its own terms or is not terminated by either party Landlord hereby grants to Tenant the right to challenge whether in a Court Administrative Proceeding or other venue on behalf of Landlord and or Tenant any personal property or real property tax assessments State leasehold tax or excise tax that may affect Tenant If Landlord receives notice of any personal property or real property tax assessment State leasehold tax or excise tax against the Landlord which may affect Tenant and is directly attributable to Tenant s installation Landlord shall provide timely notice of the assessment to Tenant sufficient to allow Tenant to consent to or challenge such assessment Further Landlord shall provide to Tenant any and all documentation associated with the assessment and shall execute any and all documents reasonably necessary to effectuate the intent of this Section 11 Indemnification a Tenant shall defend indemnify and hold harmless the Landlord its officers officials employees and volunteers from and against any and all claims suits actions or liabilities for injury or death of any person or for loss or damage to property which arises out of Tenants use of Premises or from the conduct of Tenants business or from any activity work or thing done permitted or suffered by Tenant in or about the Premises except only such injury or damage as shall have been occasioned by the sole negligence of the Landlord b Should a court of competent jurisdiction determine that this Lease is subject to RCW 4 24 115 then in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Tenant and the Landlord its officers officials employees and volunteers the Landlord s liability hereunder shall be only to the extent of the Landlord s negligence It is further specifically and expressly understood that the indemnification provided herein constitutes the Tenants waiver of immunity under Industrial Insurance Title 51 RCW solely for the purposes of this indemnification This waiver has been mutually negotiated by the parties The provisions of this section shall survive the expiration or termination of this Lease c The Tenant and the City waive all rights against each other any of their Subcontractors Sub subcontractors agents and employees each of the other for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Lease or other property insurance applicable to the work The policies shall provide such waivers by endorsement or otherwise 12 Insurance The Tenant shall procure and maintain for the duration of the Lease insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Tenant its agents representatives or employees a Minimum Scope of Insurance Tenant shall obtain insurance of the types described below1 Automobile Liability insurance covering all owned owned non owned hired and leased vehicles Coverage shall be written on Insurance Services Office ISO form CA 00 01 or a substitute form providing equivalent liability coverage If necessary the policy shall be endorsed to proVide contractual liability coverage 2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises operations independent tenants products completed operations stop gap liability and personal injury and advertising injury and liability assumed under an insured contract The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion collapse or underground property damage The Landlord shall be named as an additional insured under the Tenants Commercial General Liability insurance policy with respect to the work performed for the Landlord using ISO Additional Insured Endorsement CG 20 10 10 01 and Additional Insured Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage 3 Workers Compensation coverage as required by the Industrial Insurance laws of the State of Washington b Minimum Amounts of Insurance Tenant shall maintain the following insurance limits 1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of 1 000 000 per accident 2 Commercial General Liability insurance shall be written with limits no less than 1 000 000 each occurrence 2000 000 general aggregate and a 2 000 000 products completed operations aggregate limit c Other Insurance Provisions The insurance policies are to contain or be endorsed to contain the following provisions for Automobile Liability Professional Liability and Commercial General Liability insurance 1 The Tenants insurance coverage shall be primary insurance as respects the Landlord Any insurance self insurance or insurance pool coverage maintained by the Landlord shall be in excess of the Tenants insurance and shall not contribute with it 2 The Tenants insurance shall be endorsed to state that coverage shall not be cancelled by either party except after thirty 30 days prior written notice by certified mail return receipt requested has been given to the Landlord d Acceptability of Insurers Insurance is to be placed with insurers with a current AM Best rating of not less than AVII e Verification of Coverage The Tenant shall furnish the Landlord with documentation of insurer s AM Best rating and with original certificates and a copy of amendatory endorsements including but not necessarily limited to the additional insured endorsement evidencing the insurance requirements of the Consultant before commencement of the work f Subcontractors The Tenant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractors All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Tenant g No Limitation Tenants maintenance of insurance as required by the Lease shall not be construed to limit the liability of the Tenant to the coverage provided by such insurance or otherwise limit the Landlord s recourse to any remedy available at law or in equity 13 Notices All notices requests demands and other communications shall be in writing and are effective three 3 days after deposit in the U S mail certified and postage paid or upon receipt if personally delivered or sent by next business day delivery via a nationally recognized overnight courier to the addresses set forth below Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to the other party If to Tenant to With a CODV to Clearwire LLC Attn Site Property Manager 5808 Lake Washington Blvd NE Suite 300 Kirkland WA 98033 Telephone 425 216 7600 Fax 425 216 7900 Clearwire LLC Attention Legal Department 5808 Lake Washington Blvd NE Suite 300 Kirkland WA 98033 Telephone 425 216 7600 Fax 425 216 7900 If to Landlord to With a CODY to Public Works Director City of Auburn 25 West Main St Auburn WA 98001 City Attorney City ofAuburn 25 West Main St Auburn WA 98001 14 Quiet Eniovment Title and Authoritv Landlord covenants and warrants to Tenant that i Landlord has full right power and authority to execute this Lease ii it has good and unencumbered title to the Property free and clear of any liens or mortgages except those disclosed to Tenant and which will not interfere with Tenants rights to or use of the Lease Area and iii execution and performance of this Lease will not violate any laws ordinances covenants or the provisions of any mortgage lease or other agreement binding on Landlord 15 Environmental Laws Landlord represents that it has no knowledge of any substance chemical or waste collectively Hazardous Substance on the Property that is identified as hazardous toxic or dangerous in any applicable federal state or local law or regulation Landlord and Tenant shall not introduce or use any Hazardous Substance on the Property in violation of any applicable law Landlord shall be responsible for and shall promptly conduct any investigation and remediation as required by any applicable environmental laws for all spills or other releases of any Hazardous Substance not caused in whole or in part by Tenant that have occurred or which may occur on the Property Each party agrees to defend indemnify and hold harmless the other from and against any and all administrative and judicial actions and rulings claims causes of action demands and liability collectively Claims including but not limited to damages costs expenses assessments penalties fines losses judgments and reasonable attorney fees that the indemnitee may suffer or incur due to the existence or discovery of any Hazardous Substances on the Property or the migration of any Hazardous Substance to other properties or the release of any Hazardous Substance into the environment collectively Actions that relate to or arise from the indemnitor s activities on the Property Landlord agrees to defend indemnify and hold Tenant harmless from Claims resulting from Actions on the Property not caused by Landlord or Tenant prior to and during the Initial Term and any Renewal Term of this Lease The indemnifications in this section specifically include without limitation costs incurred in connection with any investigation of site conditions or any cleanup remedial removal or restoration work required by any governmental authority This Section 15 shall survive the termination or expiration ofthis Lease 16 Assiqnment and Subleasinq a The Tenant may not sublease any portion of the Lease Area or grant any rights to the Lease Area to any third parties except as specifically set for in this Lease b All of the terms and provisions contained herein shall inure to the benefit of and shall be binding upon the parties hereto and their respective heirs legal representatives successors and assigns This Lease shall not be assigned by Tenant without the express written consent of Landlord which consent shall not be unreasonably withheld delayed or conditioned Any attempted assignment in violation of this Section shall be void The transfer of the rights and obligations of Tenant to a parent subsidiary or other affiliate of Tenant or to any successor in interest or entity acquiring fifty one percent 51 or more of Tenants stock or assets shall not be deemed an assignment Tenant shall give to Landlord thirty 30 days prior written notice of any such transfer c Additionally Tenant may upon notice to Landlord mortgage or grant a security interest in this Lease and the Antenna Facilities and may assign this Lease and the Antenna Facilities to any mortgagees or holders of security interests including their successors or assigns collectively Mortgagees provided such Mortgagees agree to be bound by the terms and provisions of this Lease In such event Landlord shall execute such consent to leasehold financing as may reasonably be required by Mortgagees Landlord agrees to notify Tenant and Tenants Mortgagees simultaneously of any default by Tenant and to give Mortgagees the same right to cure any default as Tenant or to remove any property of Tenant or Mortgagees located on the Lease Area except that the cure period for any Mortgagees shall not be less than thirty 30 days after receipt of the default notice as provided in Section 9of this Lease All such notices to Mortgagees shall be sent to Mortgagees at the address specified by Tenant Failure by Landlord to give Mortgagees such notice shall not diminish Landlord s rights against Tenant but shall preserve all rights of Mortgagees to cure any default and to remove any property of Tenant or Mortgagees located on the Lease Area 17 Removal of Antenna Facilities The Antenna Facilities are and shall remain the property of the Tenant and upon the expiration or earlier termination of this Lease Tenant shall at Tenants sole cost and expense remove the Antenna Facilities and restore the Lease Area to its original condition normal wear and tear and loss due to casualty or other causes beyond Tenants control excluded 18 Miscellaneous a The substantially prevailing party in any litigation including any arbitration to which the parties shall submit arising hereunder shall be entitled to its reasonable attorneys fees and court costs including appeals if any b This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers negotiations and other agreements There are no representations or understandings of any kind not set forth herein Any amendments to this Lease must be in writing and executed by both parties At such time as the Auburn City Council approves any regulation affecting telecommunications Tenant agrees to amend this Lease as determined by the Landlord in order to comply with any future ordinance related to telecommunications provided however that in no event shall such regulation i materially interfere with or affect Tenants operation of its Antenna Facilities or ii increase Tenants financial obligations under the terms of this Lease except as provided herein or impose some new financial obligations not already contemplated by this Lease No amendment change or modification of this Lease shall be valid unless in writing and signed by all parties hereto c Each party agrees to cooperate with the other in executing any documents including a Memorandum of Lease in substantially the form attached hereto as Exhibit A necessary to protect its rights or use of the Lease Area The Memorandum of Lease may be recorded in place of this Lease by either party In the event the Property is encumbered by a mortgage or deed of trust Landlord agrees upon request of Tenant to obtain and furnish to Tenant a non disturbance and attornment agreement for each such mortgage or deed of trust in a form reasonably acceptable to Tenant Tenant may obtain title insurance on its interest in the Lease Area d This Lease shall be construed in accordance with the laws of the state in which the Property is located e If any term of this Lease is found to be void or invalid such finding shall not affect the remaining terms of this Lease which shall continue in full force and effect The parties agree that if any provisions are deemed not enforceable they shall be deemed modified to the extent necessary to make them enforceable No provision of this Lease will be deemed waived by either party unless expressly waived in writing signed by the waiving party No waiver shall be implied by delay or any other act or omission of either party No waiver by either party of any provision of this Lease shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision f The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their individual or representative capacity as indicated g This Lease may be executed in any number of counterpart copies each of which shall be deemed an original but all of which together shall constitute a single instrument h All Exhibits referred to herein and any Addenda are incorporated herein for all purposes The parties understand and acknowledge that Exhibit A Memorandum of Lease is attached to this Site Lease Agreement The terms of all Exhibits are incorporated herein for all purposes i If Landlord is represented by any broker or any other leasing agent Landlord is responsible for all commission fees or other payment to such agent and agrees to indemnify and hold Tenant harmless from all claims by such broker or anyone claiming through such broker If Tenant is represented by any broker or any other leasing agent Tenant is responsible for all commission fee or other payment to such agent and agrees to indemnify and hold Landlord harmless from all claims by such broker or anyone claiming through such broker 19 Headinqs The caption and paragraph headings used in this Lease are inserted for convenience of reference only and are not intended to define limit or affect the interpretation or construction of any term or provision hereof 20 Liens Except with respect to activities for which Landlord is responsible Tenant shall pay as due all claims for work done on and for services rendered or material furnished to the Antenna Facility and shall keep the Antenna Facility free from all liens LANDL BY Peter B Lewis Mayor Date MAY 1 2006 DNumber f OO 227 TENANT Clearwire LLC a Nevada limited liability company r li By it Name j n YAv Date B I 6 I acknowledgements to follow on next page STATE OF tJJ J ss COUNTY OF fI IVU I certify that I know or have satisfactory evidence that f efJ LJeJ is the person who appeared before me and said person acknowledged that he signed this instrument on oath stated that he was authorized to execute the in truf11ent and a knovvledged it as the 1tYiJV of G r u l f u vt to be the free and voluntary act of such party for the uses and purposes mentioned In the instrument Dated I1114t Ui MZ l II N tary Public S ION Print Name 1 ci 8 D dlJf C i residing a Gntt iI ul 6 8 OTAl1r My commission expires 2rcJ7 e J tfl JU8L C 0 1 25 01 r 0 V I J W S 1 Use this space forrlOtary stamp seal I certify that n wor have satisfactory evidence t is the person who appeared before me and said person acknowl dged that he signed this instrument on oath sta that hewas authorized to execute the instrum nd acknowledged it as the ofCL the limited liability company to be the free and voluntary act of such party for the uses and p rpos mentioned the instrument Dated ss STATE OF COUNTY OF to I NtlfSS 1 0 IIII 1 1 j cSION l11 I X j Vl 30 01 AIt ij 30 r tI u r flll lJ8 f t 0 I i 19 r I r It V If I l I I Clf WAS II Use this space for notary stamp seal Notary P bli Print Name residing at My commission expires Exhibit A MEMORANDUM OF LEASE I to the Site Lease Agreement executed on the J day of I1l1r between the City of Auburn as Landlord and f ledrwtrc as Tenant MOL to follow on next page 2006 by and Return to Auburn City Clerk 25 West Main Street Auburn WA 98001 MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE is by and between the City of Auburn a municipal corporation under the existing laws of the State of Washington having a mailing address of 25 West Main Auburn WA 98001 Landlord and Clearwire LLC Tenant 1 Landlord and Tenant entered into a certain Site Lease Agreement Lease on the fj day of 2006 for the purpose of installing operating and maintaining a communlc tlons faCIlity and other Improvements All of the foregoing are set forth in the Lease 2 Landlord is leasing to Tenant a portion of the Property described in Exhibit 1 annexed hereto 3 The initial term of the five 5 years commences on September 1 2005 The Lease will automatically renew for five 5 separate consecutive periods of five 5 years each upon the same terms and conditions of the Lease unless Tenant notifies Landlord in writing of Tenant s intention not to renew the Lease at least ninety 90 days prior to the expiration of the existing term Unless earlier terminated the Lease will expire on August 31 2035 4 This Memorandum of Lease is not intended to amend or modify and shall not be deemed or construed as amending or modifying any of the terms conditions or provisions of the Lease all of which are hereby ratified and affirmed In the event ofa conflict between the provisions of this Memorandum of Lease and the provisions of the Lease the provisions of the Lease shall control 5 The Lease shall be binding upon and inure to the benefit of the parties and their respective heirs successors and assigns subject to the provisions of the Lease IN WITNESS WHEREOF the parties have executed this Memorandum of Lease as of the day and year first above written LAN By Its D te MAY 1 2006 Taxpayer 10 Number CI t 00ILd TENANT By Print Name Its Date c V Cl SI oL acknowledgements to follow on next page I to Ii I ss COUNTY OF J flU rr I certify that I know or have satisfactory evidence that fel 3 J is the person who appeared before me and said person acknowledged that he signed this instrument on oath stated that he was authorized to execute the itnastrunmden acikt naoswthleedges JY of 1 1 tJ I Ai hVu7f to be the fre and voluntary act of such party for the uses and purposes mentioned In the instrument Dated STATE OF uO Notary Pub V Pri t Name IUc i5 jas 12 residing at YLU t My commission expires LtJ Z 0 7 I e I In SSION V Ilo J Cj T 0 0 O9TA mJJ tf tfI U8LIC I f 25 01 O f O ltt t WAS Use this space or notary stamp seal I certify th now or have satisfactory evidence t person who appeared before me and said person acknowl ss STATE OF COUNTY OF is the Iiat he signed this instrument nd acknowledged it as the Notary ubi Print Name residing at My commission expires Use this space for notary stamp seal l WATER TANK AREA a pprox Ie PROPERTY 33 7 7 COMPOUND Exhibit 1 Description of Lease Area i t 71 6 r M c 5 L i V pJui c iJov Return Address Auburn City Clerk City of Auburn 25 West Main St Auburn WA 98001 I 20060714002416 PACIFIC N TIT MEMO 37 00 PAGEI11 OF 008 07 14 2118 15 57 KING COUNTY A RECORDER S COVER SHEET Document Title s or transactions contained therein l Memorandum of Lease Reference Number s of Documents assigned or released O r l A DAdditional reference 5 on page of document NW WOC Grantor s Borrower s Last name first then first name and initials City of Auburn Grantee Assignee Beneficiary Last name first 1 Clearwire LLC Legal Description abbreviated ie lot block plat or section township range South 175 feet of east 110 feet of the west 1 393 feet of SE Yiof Section 31 Township 21 North Range 5 East Additional legal is on page 5 of document Assessor s Property Tax Parcel Account Number 3121059047 oAssessor Tax not yet assigned Salddocument s were filed for reQdby Pacific Northwest Titlees aocommodation only It has notbeen examined as to proper 8X8CUIfon or as to ita affect upon titl eReturn to Auburn City Clerk 25 West Main Street Auburn WA 98001 MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE is by and between the City of Auburn a municipal corporation under the existing laws of the State of Washington having a mailing address of 25 West Main Auburn WA 98001 Landlord and Clearwire LLC Tenant 1 Landlord and Tenant entered into a certain Site Lease Agreement Lease on the J day of 2006 for the purpose of installing operating and maintaining a communlc tlons facIlity and other Improvements All of the foregoing are set forth in the Lease 2 Landlord is leasing to Tenant a portion of the Property described in Exhibit 1 annexed hereto 3 The initial term of the five 5 years commences on September 1 2005 The Lease will automatically renew for five 5 separate consecutive periods of five 5 years each upon the same terms and conditions of the Lease unless Tenant notifies Landlord in writing of Tenants intention not to renew the Lease at least ninety 90 days prior to the expiration of the existing term Unless earlier terminated the Lease will expire on August 31 2035 4 This Memorandum of Lease is not intended to amend or modify and shall not be deemed or construed as amending or modifying any of the terms conditions or provisions of the Lease all of which are hereby ratified and affirmed In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Lease the provisions of the Lease shall control 5 The Lease shall be binding upon and inure to the benefit of the parties and their respective heirs successors and assigns subject to the provisions of the Lease IN WITNESS WHEREOF the parties have executed this Memorandum of Lease as of the day and year first above written v LAN By Its D te MAY 1 2006 Taxpayer 10 Number qI I 00 ILd W TENANT By Print Name Its Date C SC4v vP 5 2 DL acknowledgements to follow on next page toll J ss COUNTY OF J IAJV I certify that I know or have satisfactory evidence thatefefJ tjLvi is the person who appeared before me and said person acknowledged that he signed this instrument on oath stated that he was authorized to execute the iJnsatrunmedn acknowledgep it as the vtt Y of I ry jI buVV7 to be thetreE7and voluntary act of such party for the uses and purposes mentioned In the instrument Dated STATE OF Nota tb Pri t Name 1t1c E fJas fLtl residing at MfA tyJ My commission expires tlJ Z 07 lo tI E E il I I J SIOIV QI 1 L I 70 0 0 OTAI1 men 11 J8LIC i y tr 25 o1 0 f 0fC WAS Use this space or notary stamp seal I certify th now or have satisfactory evidence t person who appeared before me and said person acknowl ss is the tiat he signed this instrument STATE OF COUNTY OF Notary ubi Print Name residing at My commission expires the instru nt and acknowledged it as the the Iimi liability company to be the free rp ses mentioned in the instrum on oathtted that he was authoRfe d to ex V 0f VIA and voluntary act of su 19 tfhoer uses nd Dated t 0 U hlLI y UlII 1 III S ON III l c t tJ i 0 A l 30 T1 j 0 E l l VBV ff f n 0 7 1 09 Lo I rA 0 11 1 v III f WAS II 11 Use this space for notary stamp seal EXHIBIT 1 1 DESCRIPTION OF PROPERTY The Property is described and or depicted as follows THE SOUTH 175 00 FEET OF THE EAST 110 00 FEET OF THE WEST 1 393 00 FEET OF THE SOUTHEAST QUARTER OF SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST W M CITY OF AUBURN RECORDS OF KING COUNTY WASHINGTON 2 DESCRIPTION OF LEASE AREA t f PROPERTY 33 7 7 COMPOUND Exhibit 1 Description of Lense Aren Appendix F PROJECTED POPULATION, ADD, AND MDD Methodology for Population and Employment Projections Data was obtained form the Puget Sound Regional Council (PSRC) for the years 2010, 2020, and 2030. The City utilized PSRC data for year 2005 along with permit activity to estimate the population and employment for years 2007 and 2008. Data used was delineated in the 2000 Transportation Analysis Zones (TAZ) established by PSRC for population and employment data. Population projections for 2014 were computed by averaging data for years 2010 and 2020 provided by PSRC. The PSRC data was provided in geographic subdivisions, TAZs, and is illustrated in the figure attached to this appendix. Each TAZ includes projected growth of population and employment. The TAZ projections were allocated by individual water service area using an area-allocation procedure. This procedure allocated population and employment growth projections based on the percentage of each TAZ within the individual water service area. The resulting total population and employment growth projections can be seen in Table 4.8 within Chapter 4. The resulting household (by ERU) projections can be seen in Table 4.X within Chapter 4. A full table of projections by TAZ is included in this appendix. The individual service area of Lakeland encompasses a small portion of the City that lies within Pierce County. The affected TAZ is number 748 (see the attached figure); however, this TAZ is quite large and extends to the mid-point of Lake Tapps. In projecting the population and employment for the Pierce County portion of the Lakeland Service Area, staff utilized existing developments to determine number of households and permit data, as well as a portion of the TAZ data based on the percentage of land within the TAZ. Information was also provided for each school and its capacity within the Water Service Area. The data source for each school came from the six-year Capital Facilities Plan each school district prepares annually. 446 452 748 430 447 405 409 448 411 450 432764 453 763 433 463 445 410 435 451 434 438 436 441 444 749 442 404 439 437 440 449 443 406 415 416 414 766 408 407 765 420 431 459 18 18 167 167 A ST SE C ST SW B ST NW AUBURN WAY S I ST NE M ST SE AUBURN WAY N 124TH AVE SE WEST VALLEY HWY N 132ND AVE SE C ST NW S 277TH ST W MAIN ST E MAIN ST 29TH ST SE 112TH AVE SE 41ST ST SE KERSEY WAY SE 51ST AVE S SE 312TH ST 8TH ST NE 37TH ST NW R ST SE ORAVETZ RD SE M ST NE LAKELAND HILLS WAY SE D ST NW 4TH ST SE 15TH ST NW A ST NE LAKE TAPPS PKWY SE WEST VALLEY HWY S LEA HILL RD SE 37 TH ST NE S 316T H ST 321ST ST S D ST NE PEASLEY CANYON RD S RIVERWALK DR SE 15TH ST SW BOUNDARY BLVD SW A ST NW AUBURN AVE NE ELLIN GSON RD SW SE 281ST ST SE 304TH ST 17TH ST SE 6TH ST SE 124TH AVE SE R ST SE R ST SE Information shown is for general only and does not necessarily rep rreefseernetn ecxea pcut rposes gCeitoyg orafp Ahuicb uorrn c maratkoegsr anpoh wica draratan tays a ms atop pitesd a. c Tcuhrea cy. PMraipn tIeDd: O33n1: 907/02/09 City of Auburn Water Comprehensive Plan-Transportation Analysis Zones 0 1,600 3,200 4,800 6,400 8,000 9,600 FEET Auburn City Limits Parcels Outside City Limits Parcels Inside City Limits Potential Annexation Areas Transportation Analysis Zones 2000 Auburn Water Service Boundary Water Features Pressure Zones Boundaries Academy Service Area Lakeland Service Area Lea Hill Service Area Valley Service Area Existing and Projected Average and Maximum Daily Demands (Lea Hill) Avg. Day (gpd) Avg. Day (mgd) Max. Day (gpd) Max. Day (mgd) Annual Total (MG) Avg. Day (gpd) Avg. Day (mgd) Max. Day (gpd) Max. Day (mgd) Annual Total (MG) Avg. Day (gpd) Avg. Day (mgd) Max. Day (gpd) Max. Day (mgd) Annual Total (MG) Avg. Day (gpd) Avg. Day (mgd) Max. Day (gpd) Max. Day (mgd) Annual Total (MG) Avg. Day (gpd) Avg. Day (mgd) Max. Day (mgd) Annual Total (MG) Single-family/Duplex 735,065 0.74 1,330,938 1.33 268.3 826,365 0.83 1,496,251 1.50 301.6 936,392 0.94 1,695,469 1.70 341.8 1,082,290 1.08 1,959,638 1.96 395.0 1,697,170 1.70 3.07 619.5 Multifamily 109,943 0.11 199,067 0.20 40.1 123,496 0.12 223,608 0.22 45.1 159,414 0.16 288,642 0.29 58.2 202,682 0.20 366,985 0.37 74.0 267,300 0.27 0.48 97.6 Commercial 9,269 0.01 16,783 0.02 3.4 12,644 0.01 22,893 0.02 4.6 14,779 0.01 26,760 0.03 5.4 20,204 0.02 36,582 0.04 7.4 30,306 0.03 0.05 11.1 Mfg/Industry 0 0.00 0 0.00 0.0 0 0.00 0 0.00 0.0 0 0.00 0 0.00 0.0 0 0.00 0 0.00 0.0 0 0.00 0.00 0.00 0.0 Schools 40,825 0.04 73,920 0.07 14.9 45,889 0.05 83,088 0.08 16.7 53,393 0.05 96,675 0.10 19.5 63,031 0.06 114,127 0.11 23.0 94,547 0.09 0.17 34.5 City Accounts 0 0.00 0 0.00 0.0 0 0.00 0 0.00 0.0 0 0.00 0 0.00 0.0 0 0.00 0 0.00 0.0 0 0.00 0.00 0.0 Irrigation 57,669 0.06 104,418 0.10 21.0 74,713 0.07 135,278 0.14 27.3 87,087 0.09 157,684 0.16 31.8 122,810 0.12 222,364 0.22 44.8 184,214 0.18 0.33 67.2 Non-Revenue 80,282 0.08 145,362 0.15 29.3 91,264 0.09 165,246 0.17 33.3 105,417 0.11 190,872 0.19 38.5 125,636 0.13 227,481 0.23 45.9 191,572 0.19 0.35 69.9 Total 1,033,053 1.03 1,870,488 1.87 377 1,174,371 1.17 2,126,364 2.13 429 1,356,483 1.36 2,456,102 2.46 495 1,616,652 1.62 2,927,176 2.93 590 2,465,109 2.47 4.46 900 iterate 80282 91264 105417 125636 191572 check = 0 0 0 0 0 0 Existing and Projected Average and Maximum Daily Demands (Valley) Avg. Day (gpd) Avg. Day (mgd) Max. Day (gpd) Max. Day (mgd) Annual Total (MG) Avg. Day (gpd) Avg. Day (mgd) Max. Day (gpd) Max. Day (mgd) Annual Total (MG) Avg. Day (gpd) Avg. Day (mgd) Max. Day (gpd) Max. Day (mgd) Annual Total (MG) Avg. Day (gpd) Avg. Day (mgd) Max. Day (gpd) Max. Day (mgd) Annual Total (MG) Avg. Day (gpd) Avg. Day (mgd) Max. Day (mgd) Annual Total (MG) Single-family/Duplex 1,175,035 1.18 2,127,566 2.13 428.9 1,036,423 1.04 1,876,589 1.88 378.3 1,064,263 1.06 1,926,997 1.93 388.5 1,128,224 1.13 2,042,808 2.04 411.8 1,879,100 1.88 3.40 685.9 Multifamily 1,240,948 1.24 2,246,911 2.25 452.9 2,459,019 2.46 4,452,399 4.45 897.5 2,641,586 2.64 4,782,963 4.78 964.2 2,890,980 2.89 5,234,525 5.23 1,055.2 2,890,800 2.89 5.23 1,055.1 Commercial 1,134,669 1.13 2,054,478 2.05 414.2 1,472,507 1.47 2,666,182 2.67 537.5 1,637,084 1.64 2,964,171 2.96 597.5 1,976,710 1.98 3,579,112 3.58 721.5 1,976,710 1.98 3.58 721.5 Mfg/Industry 812,627 0.81 1,471,375 1.47 296.6 957,205 0.96 1,733,154 1.73 349.4 999,700 1.00 1,810,097 1.81 364.9 1,077,948 1.08 1,951,776 1.95 393.5 1,077,948 1.08 1.95 393.5 Schools 140,041 0.14 253,564 0.25 51.1 168,460 0.17 305,020 0.31 61.5 176,822 0.18 320,161 0.32 64.5 190,434 0.19 344,808 0.34 69.5 190,434 0.19 0.34 69.5 City Accounts 16,658 0.02 30,162 0.03 6.1 20,039 0.02 36,283 0.04 7.3 21,034 0.02 38,084 0.04 7.7 22,653 0.02 41,016 0.04 8.3 22,653 0.02 0.04 8.3 Irrigation 450,210 0.45 815,168 0.82 164.3 555,627 0.56 1,006,041 1.01 202.8 598,768 0.60 1,084,154 1.08 218.6 685,017 0.69 1,240,320 1.24 250.0 685,017 0.69 1.24 250.0 Non-Revenue 418,796 0.42 758,289 0.76 152.9 561,965 0.56 1,017,517 1.02 205.1 601,566 0.60 1,089,220 1.09 219.6 671,731 0.67 1,216,263 1.22 245.2 734,986 0.73 1.33 268.3 Total 5,388,985 5.39 9,757,513 9.76 1,967 7,231,245 7.23 13,093,185 13.09 2,639 7,740,823 7.74 14,015,847 14.02 2,825 8,643,698 8.64 15,650,629 15.65 3,155 9,457,649 9.46 17.12 3,452 iterate 418796 561965 601566 671731 734986 check = 0 0 0 0 0 0 Existing and Projected Average and Maximum Daily Demands (Lakeland) Avg. Day (gpd) Avg. Day (mgd) Max. Day (gpd) Max. Day (mgd) Annual Total (MG) Avg. Day (gpd) Avg. Day (mgd) Max. Day (gpd) Max. Day (mgd) Annual Total (MG) Avg. Day (gpd) Avg. Day (mgd) Max. Day (gpd) Max. Day (mgd) Annual Total (MG) Avg. Day (gpd) Avg. Day (mgd) Max. Day (gpd) Max. Day (mgd) Annual Total (MG) Avg. Day (gpd) Avg. Day (mgd) Max. Day (mgd) Annual Total (MG) Single-family/Duplex 267,886 0.27 485,045 0.49 97.8 357,052 0.36 646,493 0.65 130.3 415,080 0.42 751,561 0.75 151.5 444,133 0.44 804,164 0.80 162.1 1,020,280 1.02 1.85 372.4 Multifamily 90,782 0.09 164,374 0.16 33.1 99,915 0.10 180,909 0.18 36.5 103,557 0.10 187,504 0.19 37.8 106,655 0.11 193,114 0.19 38.9 169,950 0.17 0.31 62.0 Commercial 1,123 0.00 2,034 0.00 0.4 1,287 0.00 2,331 0.00 0.5 1,502 0.00 2,719 0.00 0.5 2,019 0.00 3,656 0.00 0.7 7,269 0.01 0.01 2.7 Mfg/Industry 0 0.00 0 0.00 0.0 0 0.00 0 0.00 0.0 0 0.00 0 0.00 0.0 0 0.00 0 0.00 0.0 0 0.00 0.00 0.0 Schools 6,200 0.01 11,227 0.01 2.3 7,796 0.01 14,116 0.01 2.8 8,783 0.01 15,904 0.02 3.2 9,306 0.01 16,850 0.02 3.4 33,502 0.03 0.06 12.2 City Accounts 2,309 0.00 4,181 0.00 0.8 2,903 0.00 5,256 0.01 1.1 3,271 0.00 5,922 0.01 1.2 3,465 0.00 6,275 0.01 1.3 12,475 0.01 0.02 4.6 Irrigation 26,819 0.03 48,559 0.05 9.8 27,150 0.03 49,159 0.05 9.9 29,964 0.03 54,255 0.05 10.9 36,917 0.04 66,844 0.07 13.5 132,903 0.13 0.24 48.5 Non-Revenue 33,293 0.03 60,282 0.06 12.2 41,802 0.04 75,688 0.08 15.3 47,368 0.05 85,766 0.09 17.3 50,767 0.05 91,921 0.09 18.5 115,976 0.12 0.21 42.3 Total 428,412 0.43 775,700 0.78 156 537,905 0.54 973,953 0.97 196 609,525 0.61 1,103,631 1.10 222 653,263 0.65 1,182,824 1.18 238 1,492,355 1.49 2.70 545 iterate 33293 41802 47368 50767 115976 check = 0 0 0 0 0 0 2008 2018 Ultimate 2008 2014 Classification Classification 2014 2018 Ultimate 2028 2028 2018 2028 Ultimate Classification 2008 2014 Existing and Projected Average and Maximum Daily Demands (Academy) Avg. Day (gpd) Avg. Day (mgd) Max. Day (gpd) Max. Day (mgd) Annual Total (MG) Avg. Day (gpd) Avg. Day (mgd) Max. Day (gpd) Max. Day (mgd) Annual Total (MG) Avg. Day (gpd) Avg. Day (mgd) Max. Day (gpd) Max. Day (mgd) Annual Total (MG) Avg. Day (gpd) Avg. Day (mgd) Max. Day (gpd) Max. Day (mgd) Annual Total (MG) Avg. Day (gpd) Avg. Day (mgd) Max. Day (mgd) Annual Total (MG) Singlefamily/Duplex 298,871 0.30 541,149 0.54 109.1 297,381 0.30 538,450 0.54 108.5 301,614 0.30 546,114 0.55 110.1 346,090 0.35 626,644 0.63 126.3 755,090 0.76 1.37 275.6 Multifamily 170,783 0.17 309,226 0.31 62.3 258,423 0.26 467,911 0.47 94.3 296,955 0.30 537,680 0.54 108.4 297,928 0.30 539,440 0.54 108.7 338,250 0.34 0.61 123.5 Commercial 76,180 0.08 137,934 0.14 27.8 153,969 0.15 278,783 0.28 56.2 178,519 0.18 323,235 0.32 65.2 239,636 0.24 433,894 0.43 87.5 383,417 0.38 0.69 139.9 Mfg/Industry 0 0.00 0 0.00 0.0 0 0.00 0 0.00 0.0 0 0.00 0 0.00 0.0 0 0.00 0 0.00 0.0 0 0.00 0.00 0.0 Schools 40,732 0.04 73,751 0.07 14.9 45,149 0.05 81,748 0.08 16.5 47,599 0.05 86,184 0.09 17.4 52,397 0.05 94,871 0.09 19.1 83,835 0.08 0.15 30.6 City Accounts 1,445 0.00 2,616 0.00 0.5 1,601 0.00 2,899 0.00 0.6 1,688 0.00 3,056 0.00 0.6 1,858 0.00 3,365 0.00 0.7 2,973 0.00 0.01 1.1 Irrigation 29,395 0.03 53,224 0.05 10.7 58,063 0.06 105,132 0.11 21.2 67,156 0.07 121,595 0.12 24.5 89,596 0.09 162,227 0.16 32.7 143,354 0.14 0.26 52.3 Non-Revenue 52,024 0.05 94,197 0.09 19.0 68,638 0.07 124,279 0.12 25.1 75,290 0.08 136,323 0.14 27.5 86,579 0.09 156,763 0.16 31.6 143,828 0.14 0.26 52.5 Total 669,429 0.67 1,212,096 1.21 244 883,225 0.88 1,599,202 1.60 322 968,821 0.97 1,754,187 1.75 354 1,114,084 1.11 2,017,205 2.02 407 1,850,747 1.85 3.35 676 iterate 52024 68638 75290 86579 143828 check = 0 0 0 0 0 0 Existing and Projected Average and Maximum Daily Demands (Total) Avg. Day (gpd) Avg. Day (mgd) Max. Day (gpd) Max. Day (mgd) Annual Total (MG) Avg. Day (gpd) Avg. Day (mgd) Max. Day (gpd) Max. Day (mgd) Annual Total (MG) Avg. Day (gpd) Avg. Day (mgd) Max. Day (gpd) Max. Day (mgd) Annual Total (MG) Avg. Day (gpd) Avg. Day (mgd) Max. Day (gpd) Max. Day (mgd) Annual Total (MG) Avg. Day (gpd) Avg. Day (mgd) Max. Day (mgd) Annual Total (MG) Singlefamily/Duplex 2,476,857 2.48 4,484,698 4.48 904.1 2,517,221 2.52 4,557,783 4.56 918.8 2,717,349 2.72 4,920,141 4.92 991.8 3,000,736 3.00 5,433,255 5.43 1,095.3 5,351,640 5.35 9.69 1,953.3 Multifamily 1,612,455 1.61 2,919,577 2.92 588.5 2,940,853 2.94 5,324,827 5.32 1,073.4 3,201,513 3.20 5,796,788 5.80 1,168.6 3,498,245 3.50 6,334,065 6.33 1,276.9 3,666,300 3.67 6.64 1,338.2 Commercial 1,221,242 1.22 2,211,229 2.21 445.8 1,640,408 1.64 2,970,189 2.97 598.7 1,831,885 1.83 3,316,885 3.32 668.6 2,238,570 2.24 4,053,245 4.05 817.1 2,397,703 2.40 4.34 875.2 Mfg/Industry 812,627 0.81 1,471,375 1.47 296.6 957,205 0.96 1,733,154 1.73 349.4 999,700 1.00 1,810,097 1.81 364.9 1,077,948 1.08 1,951,776 1.95 393.5 1,077,948 1.08 1.95 393.5 Schools 227,799 0.23 412,462 0.41 83.1 267,294 0.27 483,973 0.48 97.6 286,597 0.29 518,924 0.52 104.6 315,168 0.32 570,656 0.57 115.0 402,317 0.40 0.73 146.8 City Accounts 20,412 0.02 36,959 0.04 7.5 24,543 0.02 44,439 0.04 9.0 25,993 0.03 47,063 0.05 9.5 27,976 0.03 50,655 0.05 10.2 38,101 0.04 0.07 13.9 Irrigation 564,093 0.56 1,021,369 1.02 205.9 715,554 0.72 1,295,610 1.30 261.2 782,975 0.78 1,417,687 1.42 285.8 934,341 0.93 1,691,755 1.69 341.0 1,145,489 1.15 2.07 418.1 Non-Revenue 584,395 0.58 1,058,129 1.06 213.3 763,670 0.76 1,382,732 1.38 278.7 829,641 0.83 1,502,182 1.50 302.8 934,713 0.93 1,692,429 1.69 341.2 1,186,362 1.19 2.15 433.0 Total 7,519,879 7.52 13,615,797 13.62 2,745 9,826,748 9.83 17,792,707 17.79 3,587 10,675,652 10.68 19,329,768 19.33 3,897 12,027,697 12.03 21,777,836 21.78 4,390 15,265,860 15.27 27.64 5,572 iterate 584395 763670 829641 934713 1186362 check = 0 0 0 0 0 0 Classification 2008 2014 Classification 2008 2014 2018 2028 2018 2028 Ultimate Ultimate Appendix G DESIGN & CONSTRUCTION STANDARDS REF.H\DEVELOPMENT\MANUALS\Construction Standards\Construction Standards Preface (12-03) PREFACE FOR THE CITY OF AUBURN CONSTRUCTION STANDARDS Grading, Utility, Street and other civil construction work within the City of Auburn shall utilize applicable Washington State Department of Transportation (WSDOT) Standard Plans for Road and Bridge Construction as supplemented by the City of Auburn Standard Details and the 2002 WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (English Version) as supplemented and amended by the City of Auburn Standard Specifications contained herein. These standards are to be used in addition to the information supplied on the approved plans. Contractors are required to have the City of Auburn Construction Standards, WSDOT Standard Plans for Road and Bridge Construction, and the WSDOT Standard Specifications for Road, Bridge, and Municipal Construction available at the job site during construction. WSDOT Standard Plans and Specifications are available at a nominal charge from the Washington State Department of Transportation at (360) 705-7430. The City of Auburn Construction Standards is available at a nominal charge from the City of Auburn Public Works Department at (253) 931-3010. The City of Auburn Construction Standards were last updated April 2002. It is the responsibility of the user to verify future changes with the City of Auburn. All references to pay items are not applicable. Also incorporated into the City of Auburn Construction Standards by reference are the Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways, current edition, and the American Water Works Association Standards (AWWA), current edition. DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 12/03/03 Standard Specifications Page 7-01 REF.H\DEVELOPMENT\MANUALS\Construction Standards\Standard Specifications\DIV-7 (12-03) 7-01 DRAINS 7-01.2 MATERIALS Replacement All drainpipe shall be manufactured of polyvinyl chloride meeting the requirements of Section 9-05.12 (Polyvinyl Chloride (PVC) Pipe). Trench drains shall be Polydrain Part No. 420 with stainless steel grates Polydrain Part No. 440 or approved equal placed on cement concrete Class 3000 per Section 6-02 (Concrete Structures). 7-01.3 CONSTRUCTION REQUIREMENTS Supplement PVC drainpipe shall be used to connect existing roof drains and downspouts to the roadway drainage system. The amount of pipe shown in the proposal is approximate and provided for bidding purposes only. Wherever a drain pipe trench is located in the roadway, sidewalk, or other area where minor settlement would be detrimental and where the Engineer determines that the native material is not suitable for backfill, the trench shall be backfilled with “Select Pipe Trench Backfill” per trench detail(s) shown in the plans or as directed by the Engineer. The trench drain shall be installed per the manufacturer’s recommendations and shall be flush with the cement concrete surface to provide the proper surface drainage control. The trench drain shall be connected to the nearest catch basin with “PVC Drain Pipe – 4 inches or 6 inches Diameter” as shown on the plans or as directed by the Engineer. 7-04 STORM SEWERS 7-04.2 MATERIALS Revision Replace the first paragraph and list of materials with the following: Only the pipe materials listed are approved for use on City storm sewer systems. Materials shall be in accordance with all provisions of the following sections: Concrete Storm Sewer Pipe 9-05.7(1)&(2) (Plain Concrete Storm Sewer Pipe & Reinforced Concrete Storm Sewer Pipe Solid Wall Polyvinyl Chloride (PVC) Pipe, SDR-35 9-05.12(1) (Solid Wall PVC Culvert Pipe, Solid Wall PVC Storm Sewer Pipe, and and Solid Wall PVC Sanitary Sewer Pipe) Polyvinyl Chloride (PVC) pipe, SDR-21 9-30.1(5) (Polyvinyl Chloride (PVC)) Ductile Iron Pipe, Special Class 52 9-30.1(1) (Ductile Iron Pipe) High Density Polyethylene Pipe (HDPE) 9-05.21 (High Density Polyethylene Pipe (HDPE)) The laying length for PVC (SDR-35) shall not exceed 12 feet 6 inches. Deleted: ¶ ¶ DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 12/03/03 Standard Specifications Page 7-02 REF.H\DEVELOPMENT\MANUALS\Construction Standards\Standard Specifications\DIV-7 (12-03) The last paragraph prior to the Table of “Storm Sewer Pipe Schedules” and the Storm Sewer Pipe Schedules Table are deleted. 7-04.3(1)F LOW PRESSURE AIR TEST FOR STORM SEWERS CONSTRUCTED OF NON-PERMEABLE MATERIALS Supplement If the test shows zero leakage after a five minute test time, the Engineer has the authority to accept and end the test immediately. 7-04.3(1)G TELEVISION INSPECTION New Section All of the provisions of 7-17.3(2)H shall apply. 7-05 MANHOLES, INLETS AND CATCH BASINS 7-05.1 DESCRIPTION Replacement This work shall consist of constructing manholes, inlets, drywells, trash racks, and catch basins and connecting to existing structures of the types and sizes designated in accordance with the Plans, all provisions of the Specifications, and the Standard Plans, in conformity with the lines and grades staked. 7-05.2 MATERIALS Supplement Manholes shall be complete with frames and covers. Catch Basins shall be complete with frames and grates unless otherwise specified on the plans to be provided with solid metal covers or manhole frames and covers. All storm sewer grates shall have the words "OUTFALL TO STREAMS, DUMP NO POLLUTANTS" cast in place. All frames, grates, and covers shall be ductile iron. Manhole and catch basin steps and handholds shall be steelreinforced copolymer polypropylene (ASTM D4101) with ½ inch steel reinforcing bar (ASTM A615 Grade 60) and in conformance with ASTM C478. The fabricator of all precast Sanitary manholes shall seal them with Tamoseal Cement Based Waterproof Finish or approved equal applied to all interior and exterior surfaces in accordance with the manufacturers recommendations. The Contractor shall have adequate product on hand to seal any field modifications to sanitary sewer manholes. Trash racks shall be constructed in accordance with Section 6-02 02 (Concrete Structures), 6-03 (Steel Structures), as shown on Standard Detail No. STORM-09 in Section II of this Document, or as detailed in the plans. 7-05.3 CONSTRUCTION REQUIREMENTS Supplement All pipes entering or leaving new or existing manholes, catch basins or inlets shall be placed on firmly compacted bedding, particularly within the area of the manhole excavation which DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 12/03/03 Standard Specifications Page 7-03 REF.H\DEVELOPMENT\MANUALS\Construction Standards\Standard Specifications\DIV-7 (12-03) normally is deeper than that of the pipe trench. Special care shall be taken to see that the openings through which pipes or adapters (see below) penetrate the manhole are completely and firmly rammed full of non-shrink grout to ensure watertightness. Manhole adapters will be provided when connecting PVC or Polyethylene pipes to any new or existing manholes, catch basins or inlets. All manhole adapters for PVC and Polyethylene pipe shall be of a style as required and manufactured for the specific application with sufficient tangent at the ends to allow for proper joint connections. Field fabrication manhole adapters will not be permitted. All manhole adapters to be provided on this project must have approval from the Engineer in writing before be installed on this project. 7-05.3(1) ADJUSTING MANHOLES CATCH BASINS & WATER VALVES TO GRADE Supplement Adjustment shall also be in accordance with Standard Detail No. TRAFFIC-12 in Section II of this Document. Manholes, catch basins, and water valves shall not be adjusted until the asphalt paving is completed, at which time the center of each structure shall be carefully relocated from references previously established by the Contractor. The pavement shall be cut in a restricted area and the base material removed to permit removal of the frame or ring. The structure shall be adjusted to finish street grade. Temporary access to manholes, catch basins, and water valves shall be provided as soon as practical after paving. The frame or ring shall be placed on concrete blocks and/or wedged up to the desired grade. The asphalt concrete pavement shall be cut and removed, the dimensions of which shall be equal to the inside dimensions of the opening plus 2 feet. The base materials and crushed rock shall be removed and Class 3000 cement concrete shall be placed so that the entire volume of the excavation is replaced to within, but not to exceed 1½ inches of the finished pavement surface. Once manholes or catch basins have been adjusted to finished grade and the cement concrete backfill has cured (the day following placing the cement concrete), the asphalt concrete class B patches shall be placed and compacted with hand tampers and a patching roller within 48 hours or as directed by the engineer. A quick setting admixture shall be added to the cement concrete backfill. 7-05.3(3) CONNECTIONS TO EXISTING MANHOLES Supplement Where shown in the plans or as directed by the Engineer, existing storm drain lines shall be extended to connect to a new manhole. The pipe extension shall be the same diameter as the existing pipe. Dissimilar pipes shall be joined per Section 7-08.3(2)G (Jointing of Dissimilar Pipe) of these Special Provisions. 7-05.3(5) CHANNELS FOR MANHOLES New Section Channels for manholes shall be made to conform accurately to the sewer grade, and shall be brought together smoothly with well-rounded junctions. Channel sides shall be carried up vertically to the crown elevation of the various pipes, and the concrete shelf between DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 12/03/03 Standard Specifications Page 7-04 REF.H\DEVELOPMENT\MANUALS\Construction Standards\Standard Specifications\DIV-7 (12-03) channels shall be smoothly finished and warped evenly with slopes to drain in accordance with WSDOT Standard Plans No. B-23a, b and c. Channels for manholes shall be constructed with non-shrinking mortar. Mortar shall be composed of approximately one part Type II Portland Cement, 1½ to 2 parts sand, 2 to 3 fluid ounces of water-reducing retarder per sack of cement. Sand, cement, and water shall be as specified for concrete. Water-reducing retarder shall be Master Builder's Pozzolith, Sika Chemical Corporation Plastiment, or an equal product and shall meet ASTM C494 specification for chemical admixture for concrete. 7-08 GENERAL PIPE INSTALLATION REQUIREMENTS 7-08.1 DESCRIPTION Replacement This information shall cover the general requirements for installing culverts, storm sewers, sanitary sewers, and water mains. The Contractor shall also follow all provisions of Sections 7-02 (Culverts), 7-04 (Storm Sewers), 7-10 Trench Exc., Bedding, and Backfill For Water Mains), 7-17 (Sanitary Sewers), and 1-07.23 (Public Convenience and Safety) as it applies to the specific kind of work. 7-08.2 MATERIALS Replacement Imported bedding, backfill and foundation materials shall meet the requirements of the following sections: Bedding Materials and Select Trench Backfill 9-03.9(3) (Crushed Surfacing) Foundation Material 9-03.17 (Foundation Material Class A and Class B) Trench Backfill 9-03.19 (Back Run Gravel for Trench Backfill Controlled Density Fill 2-09.3(1)E (Backfilling) 7-08.3 CONSTRUCTION REQUIREMENTS All pipes shall be installed in accordance with Standard Detail Nos. TRAFFIC-02, TRAFFIC-03, and TRAFFIC-04 in Section II of this Document. All references in this section (7-08) to the Standard Plan shall refer to the Standard Detail Nos. TRAFFIC-02, TRAFFIC-03, and TRAFFIC-04 in Section II of this Document. If any of the excavated (also referred to as native) material meets the specifications of material listed in Section 7-08.2 (Materials), the Engineer may require that such material, in the quantity required, be selectively removed, stockpiled separately, and used as pipe bedding, foundation material, or trench backfill instead of the quantities of pipe bedding, foundation material, or trench backfill respectively. DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 12/03/03 Standard Specifications Page 7-05 REF.H\DEVELOPMENT\MANUALS\Construction Standards\Standard Specifications\DIV-7 (12-03) 7-08.3(1) EXCAVATION AND PREPARATION OF TRENCH 7-08.3(1)A TRENCHES Revision The Second Sentence of the Third Paragraph is deleted and replaced with the following: Above the top of the pipe zone, the Contractor may over excavate for L&I considerations in non-critical, off street areas. Shoring is required in all street excavations. Shoring is the responsibility of the Contractor, refer to Section 2-09.3(3)D (Shoring and Cofferdams). The First Sentence of the Eighth Paragraph is deleted and replaced with the following: If any of the excavated (also referred to as native) material meets the specifications of material listed in Section 7-08.2 (Materials), the Engineer may require that such material, in the quantity required, be selectively removed, stockpiled separately, and used as pipe bedding, foundation material, or trench backfill instead of the quantities of pipe bedding, foundation material, or trench backfill respectively. 7-08.3(1)B SHORING Supplement The requirements of the Occupational Safety and Health Act (OSHA) and the Washington Industrial Safety and Health Act of 1973 (WISHA), RCW Chapter 49.17, shall apply to all excavation, trenching and ditching operation on this project. All trenches 4 feet and over in depth shall be shored in compliance with applicable Federal and State regulations. 7-08.3(1)C BEDDING THE PIPE Revision Delete first sentence of the second paragraph and replace with the following: Pipe bedding shall be per trench detail(s) shown on the plans or as directed by the Engineer. 7-08.3(2)B PIPE LAYING -GENERAL Supplement The Contractor shall use neat, vertical full-depth saw cuts for trenching through existing asphalt or cement concrete pavement surfaced areas. All pipe shall be neatly cut using an approved mechanical cutter without causing damage to the pipe. 7-08.3(2)2)G JOINTING OF DISSIMILAR PIPE Supplement Where new pipe is connected to existing pipe, the Contractor shall verify the type of existing pipe and join pipes with a pipe adapter specifically manufactured for joining the pipes involved or as directed by the Engineer. DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 12/03/03 Standard Specifications Page 7-06 REF.H\DEVELOPMENT\MANUALS\Construction Standards\Standard Specifications\DIV-7 (12-03) 7-08.3(2)J JOINING HIGH DENSITY POLYETHYLENE PIPE (HDPE) PIPE New Section Section of HDPE shall be joined into continuous lengths on the job site above ground. The joining shall be the butt fusion method and shall be performed in strict accordance with the pipe manufacturer’s recommendations. The butt fusion equipment used in the joining procedures shall be capable of meeting all conditions recommended by the pipe manufacturer, including but not limited to, temperature requirements of 400 degrees F, alignment, and 75 psi interfacial fusion pressure. 7-08.3(2)K PACKAGING, HANDLING, STORAGE HIGH DENSITY POLYETHYLENE PIPE (HDPE) PIPE New Section The manufacturer shall package the pipe in a manner designed to deliver the pipe to the project neatly, intact, and without physical damage. The transportation carrier shall use appropriate methods and intermittent checks to insure the pipe is properly supported, stacked, and restrained during transport such that the pipe is not nicked, gouged, or physically damaged. Pipe shall be stored on clean, level ground to prevent undue scratching or gouging of the pipe. If the pipe must be stacked for storage, such stacking shall be done in accordance with the pipe manufacturer’s recommendations. The handling of the pipe shall be done in such a manner that it is not damaged by dragging over sharp objects or cut by chokers or lifting equipment. Section of pipe having been discovered with cuts or gouges in excess of 10% of the wall thickness of the pipe shall be cut out and removed. The undamaged portions of the pipe shall be rejoined using butt fusion joining method. Fused segments of pipe shall be handled so as to avoid damage to the pipe. When lifting fused sections of pipe, chains or cable type chokers must be avoided. Nylon slings are preferred. Spreader bars are recommended when lifting long fused sections. Care must be exercised to avoid cutting or gouging the pipe. 7-08.3(2)L DEWATERING TRENCHES New Section Where water is encountered in the trench, it shall be removed during pipe-laying operations and the trench so maintained until the end of the pipe are sealed and provisions are made to prevent floating of the pipe. Trench water or other deleterious materials shall not be allowed to enter the pipe at any time. 7-08.3(3) BACKFILLING Supplement Unless otherwise shown in the plans “Select Pipe Trench Backfill” shall be used where trenches are excavated across existing paved streets. DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 09/24/04 Standard Specifications Page 7-07 REF.H\DEVELOPMENT\MANUALS\Construction Standards\Standard Specifications\DIV-7 (12-03) Unless otherwise shown in the plans “Controlled Density Fill” shall be used where trenches are transverse to major arterial roadways. The Engineer may require “Controlled Density Fill” where uniform compaction around other utilities, foundations or other fixed objects is not possible. 7-08.3(3)A VERTICAL CLEARANCE BETWEEN UTILITY LINES New Section Where the vertical clearance between adjacent storm drainage lines, water or sanitary sewer lines is 2 to 6 inches a pad is required. The pad shall be 3 feet x 3 feet x 2.5 inches minimum, and placed between the storm drainage pipe and the utility pipe. The pad shall be ethylene vinyl acetate, Rubatex Laboratories R-5010-A, or an approved equal. All costs necessary to furnish and install the pad shall be considered incidental to pipe laying. 7-08.3(08.3(4) PLUGGING EXISTING PIPE Replacement All existing pipes shown on the plans or designated by the Engineer to be abandoned shall be plugged on the inlet and outlet ends for a distance of three times the diameter with Class 3000 cement concrete. Care shall be used in placing the concrete in the pipe to insure that the openings are completely filled and thoroughly plugged. All existing pipes shown on the plans or designated by the Engineer to be filled shall be filled with controlled density fill (CDF) for the entire length of pipe specified. 7-08.3(5) PIPE TRENCH RESTORATION New Section Trenches excavated as part of a new street construction shall be completed to subgrade before placing surfacing materials and sidewalks. Final restoration will be completed with the street surfacing. In existing streets, sidewalks and other native or landscaped areas, the restoration shall be to a minimum of the existing adjacent surfaces. Asphalt and cement concrete pavement, sidewalks, etc., shall be replaced upon a firm unyielding base to match existing surface thickness as directed by the Engineer. The minimum asphalt concrete pavement repair section shall be 2 inches thick. 7-09 WATER MAINS 7-09.3(24)J PREVENTING REVERSE FLOW Supplement Prior to beginning the water main installation the Contractor shall prepare a plan showing the intended method, in detail, which will be incorporated to insure the prevention of reverse flows from entering the existing distribution system. The plan shall meet the requirement of WAC 246-290-490. DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 09/24/04 Standard Specifications Page 7-08 REF.H\DEVELOPMENT\MANUALS\Construction Standards\Standard Specifications\DIV-7 (12-03) The Contractor shall consider this plan as a submittal, and submit it per the specifications provided in Section 1-06 (Submittals). The City must approve this plan prior to the Contractor starting work on the water main. 7-10 TRENCH EXC., BEDDING, AND BACKFILL FOR WATER MAINS 7-10.1 DESCRIPTION Supplement The Contractor shall also follow the requirements of 7-08 (General Pipe Installation Requirements). 7-11 PIPE INSTALLATION FOR WATER MAINS 7-11.1 GENERAL Supplement Water main shut-offs shall be in accordance with Section 1-07.17(1) (Disruption to City Water Services). Water mains shall be installed with 42 inch minimum finished pipe cover, unless the Engineer determines less cover is adequate where existing facilities, not to be relocated, might interfere with the pipe laying operation. 7-11.3 CONSTRUCTION REQUIREMENTS 7-11.3(9)A CONNECTIONS TO EXISTING MAINS Supplement The Contractor shall field verify all existing piping, dimensions, and elevations to ensure proper fit prior to any connections being made to existing mains. Utilities Underground Location Center (One-Call-Center) shall be used per Section 1-07.17 to determine if there are additional pipelines not shown in the Contract Plans. 7-11.3(11) HYDROSTATIC PRESSURE TEST Supplement Sections of pipe between valves shall be pressure tested immediately upon completion of each section. Each section shall be immediately backfilled upon the Engineer approving the hydrostatic pressure test results. Hydrostatic tests shall be made on all new pipeline in accordance with the applicable portions of this Standard Specification and ANSI/AWWA C600, except as modified in this document. DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 12/03/03 Standard Specifications Page 7-09 REF.H\DEVELOPMENT\MANUALS\Construction Standards\Standard Specifications\DIV-7 (12-03) The quantity of water lost from the main being tested shall not exceed the number of gallons per hour as determined by the formulas: L = S D P 133,200 or L = N D P 7 ,4 0 0 in which; L = Allowable leakage in gallons per hour S = Length of pipe being tested, in feet N = Number of joints in the length of pipeline being tested D = Nominal diameter of the pipe in inches P = Average test pressure during the leakage test in psi (gauge) Hydrostatic pressure tests shall be made on all piping and appurtenances installed under this Contract (including all connections to existing mains) at a test pressure of 200 psi. Test pressures shall not exceed the rated pressure of the valves when the pressure boundary of the test section includes closed, resilient-seated gate valves or butterfly valves. 7-11.3(12) DISINFECTION OF WATER MAIN Supplement The City will take bacteriological test samples. The Contractor shall insert corporation stops in the main at all locations required to take bacteriological test samples. If original test samples prove unsatisfactory, a charge of $25.00 will be made for processing each additional sample. 7-11.3(12)N FINAL FLUSHING AND TESTING Supplement Accomplish line flushing in accordance with the latest provisions of AWWA C601. Flush all dead end mains with a temporary blow off in conformance with the Standard Detail No. WATER-04 in Section II of this Document and as directed by the Engineer. The Contractor is responsible for disposal of water flushed from the line. An approved bacteriological test is required before connection to the existing system. The City will measure water consumed for flushing. 7-11.3(13) CONCRETE THRUST BLOCKING Supplement All bends, tees, dead-ends and crosses shall be blocked in accordance with Standard Detail No. WATER-01 in Section II of this Document or anchored in accordance with WSDOT Standard Plan B-22. Where trench conditions are such that thrust restraint is not accomplishable with concrete, the Contractor shall provide restrained joints in accordance with Section 9-30.2(6) (Restrained Joints) to replace or supplement concrete blocking or anchors and any such costs thereof shall DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 12/03/03 Standard Specifications Page 7-10 REF.H\DEVELOPMENT\MANUALS\Construction Standards\Standard Specifications\DIV-7 (12-03) be incidental. Supplement and replacement restrained joints shall be provided as recommended by the manufacturer and approved by the Engineer. 7-11.3(14) BLOW OFF ASSEMBLY Replacement Blow off assemblies shall be constructed at the locations shown on the Plans and in accordance with Standard Detail No. WATER-03 in Section II of this Document. 7-12 VALVES FOR WATER MAINS 7-12.3(2) ADJUST VALVE BOXES New Section “Adjust Valve Box” shall be in accordance with Standard Detail No. TRAFFIC-12 in Section II of this Document and the applicable portion of Section 7-05.3(1) (Adjusting Manholes and Catch Basins to Grade). 7-12.3(3) COMBINATION AIR RELEASE/AIR VACUUM VALVE ASSEMBLY New Section “Combination Air Release/Air Vacuum Valve Assemblies” shall be constructed at locations shown on the plans and shall be 1 inch diameter in accordance with Standard Detail No. WATER-02 in Section II of this Document. 7-12.3(4) VALVE WRENCH EXTENSION BOX New Section The Contractor shall provide “Valve Wrench Extension Boxes” in accordance with Standard Detail No. WATER-18 for deep buried valves, where directed by the Engineer. Install “Valve Wrench Extension Boxes” where the valve nut will exceed 48 inches below the top of the finished valve box and finish grade for this project. 7-14 HYDRANTS 7-14.3 CONSTRUCTION REQUIREMENTS Supplement A type 2BB Blue Raised Pavement Marker(s) is required at each hydrant location. Location of the blue marker shall be 1 foot offset centerline in the direction of the hydrant at each hydrant location and as directed by the Engineer. Hydrants located within 50-feet of the curb face of an intersection shall be marked on both streets. The reflective surfaces of the raised pavement markers shall be perpendicular to the flow of traffic. The Raised Pavement Markers shall be installed in accordance with Section 8-09 (Raised Pavement Markers). 7-14.3(1) SETTING HYDRANTS Replacement Where shown in the plans “Hydrant Assemblies” shall be installed perpendicular to the supply main in accordance with Standard Detail No. WATER-07 in Section II of this DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 12/03/03 Standard Specifications Page 7-11 REF.H\DEVELOPMENT\MANUALS\Construction Standards\Standard Specifications\DIV-7 (12-03) Document. A 6 inch resilient-wedge gate-valve with valve box in accordance with Section 7-12 (Valves for Water Mains) shall be installed on each hydrant supply line. All hydrants shall be inspected upon delivery in the field to ensure proper working order. After installation, fire hydrants, auxiliary gate valves, and other appurtenances thereto shall be subjected to a hydrostatic test and disinfection procedures as specified in Section 7-11 (Pipe Installation for Water Mains). After installation each hydrant shall receive 2 field-coats of paint. The first coat shall be Formula B-1-57 iron oxide, and the second coat shall be Safety Yellow Enamel conforming to Federal Specification TT-E-489C Enamel, Alkyd, Gloss, Federal Color No. 1063. The outside surface below the ground shall be coated with with asphalt varnish. During the chlorination process for the newly laid pipe, all valves associated with “Hydrant Assemblies” shall be operated while the pipeline is filled with the chlorinating agent and under normal operating pressure. Any hydrant not in service shall be identified by covering with a burlap or plastic bag properly secured. 7-14.3(4) MOVING EXISTING HYDRANTS Supplement Existing Hydrants shall be moved where shown in the Plans. “Moving Existing Hydrants” shall include removal of all component parts from the water main to the hydrant. The Contractor shall provide and install the following at the locations shown on the plans: 6 inch ductile iron, “Special” Class 52 pipe; 6 inch tee or tapping tee and gate valve with box; shackle rods; and blocking. Construction shall conform to Standard Detail No. WATER-07 in Section II of this Document. 7-15 SERVICE CONNECTIONS 7-15.2 MATERIALS Supplement Saddles (1½ inch & 2 inch services) 9-30.6(1) (Saddles) Corporation Stops 9-30.6(2) (Corporation Stops) Stops) Service Pipe & Tail Piece 9-30.6(3) (Service Pipes) Meter Yoke 9-30.6(5) (Meter Yokes) Meter Stops 9-30.6(5)A (Meter Stops) Meter Check Valves 9-30.6(5)B (Meter Check Valves) Curb Valves 9-30.6(5)C (Curb Valves) Meter Boxes 9-30.6(7) (Meter Boxes) 7-15.3 CONSTRUCTION REQUIREMENTS Supplement Water service connections shall be installed where shown on the drawings or where directed by the Engineer in accordance with these documents and Standard Details listed in Section II DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 12/03/03 Standard Specifications Page 7-12 REF.H\DEVELOPMENT\MANUALS\Construction Standards\Standard Specifications\DIV-7 (12-03) of this Document. Meter box and water meters shall not be placed in locations which are subjected to vehicular traffic (including driveways, etc.) unless approved by the Engineer and a traffic bearing meter box is provided. Tail pieces (that portion of the service line between the meter and the property line) shall be furnished and installed and shall be of the same material and size as the service line. Connection of the tail piece to the service line from the building shall be made with compression couplings or capped as appropriate. Service pipes shall be installed without joints from the water main to the curb valve near or within the meter box. Tailpieces shall also be installed without joints from the water meter outlet to its termination (18 inches minimum beyond the meter but to the right-of-way line). Location of water services shall be marked by neatly imprinting the letter "W" 2 inches high in the top of the curb before the concrete hardens. All new materials (service line, meter setter, tailpiece, and meter box) shall be used for water meter relocations. Materials shall match existing size unless otherwise shown on the plans. 7-17 SANITARY SEWERS 7-17.2 MATERIALS Replacement Materials shall be in accordance with following Sections: Concrete Sewer pipe 9-05.7(1) and (2) Solid Wall Polyvinyl Chloride (PVC) Pipe, SDR-35 9-05.12(1) Polyvinyl Chloride (PVC) Pipe, SDR-21 9-30.1(5) Ductile Iron Pipe, Special Class 52 9-30.1(1) High Density Polyethylene Pipe (HDPE) 9-30.21 The laying length for PVC (SDR-35) shall not exceed 12 feet 6 inches. 7-17.3 CONSTRUCTION REQUIREMENTS 7-17.3(1) PROTECTIONS OF EXISTING SEWAGE FACILITIES Supplement Connections to the existing system shall be plugged during the entire period of sewer construction to prevent dirt, water, and debris from entering the existing system 7-17.3(2)A GENERAL Revision First paragraph deleted and replaced with the following: Sewers and appurtenances, where required in the Plans, shall be cleaned and tested after backfilling by the low pressure air method except if the Engineer approves hydrostatic testing of short sections of small diameter pipe. Special sealants shall not be used to seal leaks and the use of any such materials will be cause for rejection of the sewer lines. DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 12/03/03 Standard Specifications Page 7-13 REF.H\DEVELOPMENT\MANUALS\Construction Standards\Standard Specifications\DIV-7 (12-03) Before final acceptance, the Contractor shall have all sewer lines inspected by the use of a television camera, utilizing a City approved private inspection services. An approved list of inspection services may be obtained from the Project Engineer. Manholes and other structures shall be cleaned and tested per section 7-07 (Cleaning Existing Drainage Structures). 7-17.3(2)E LOW PRESSURE AIR TEST FOR SANITARY SEWERS CONSTRUCTED OF AIR-PERMEABLE MATERIALS Supplement Acceptability of the test will be determined by the minimum decompression time allowed for the pressure to drop from 3.5 to 2.5 psig greater than the average back pressure of the groundwater above the centerline of the pipe as determined by the following: Groundwater Pressure: P = 0.4332(Z) where Z = Distance between groundwater surface and the centerline of the pipe in feet; and P = Average pressure of groundwater in psi and shall be added to the specified test pressure Minimum air test time: T = 3.206 (D L + d l) R2 2 where; R = 0.00925(DL+dl) when; R is equal to or greater than 2.0 and less than or equal to 3.5. When the calculation for R is less than 2.0, R = 2.0 and when the calculation for R is greater than 3.5, R = 3.5. Where: T = minimum test time in seconds D = sewer main diameter in feet d = side sewer diameter in feet L = sewer main length being test in feet, and l = side sewer length being tested in feet For convenience, the City has herein included minimum decompression timetables for airpermeable pipe (concrete, etc.) for various sanitary sewer pipe sizes with 6 inch side sewer lengths. DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 12/03/03 Standard Specifications Page 7-14 REF.H\DEVELOPMENT\MANUALS\Construction Standards\Standard Specifications\DIV-7 (12-03) Air Test Times for Air-permeable Sanitary Sewer Pipe All times are in seconds Linear feet of 6 inch Side Sewer 0 50 100 150 200 250 300 350 400 0 0 20 40 60 80 100 120 140 160 50 36 56 76 96 116 136 156 176 178 100 71 91 111 131 151 171 188 186 184 150 107 127 147 167 187 195 193 191 189 200 142 163 183 203 202 199 197 195 193 250 178 198 214 209 205 202 200 198 196 300 214 220 215 211 208 205 202 202 214 350 227 221 217 213 210 207 211 223 234 400 227 222 218 214 211 220 232 243 254 Linear feet of 6 inch Side Sewer 0 50 100 150 200 250 300 350 400 0 0 20 40 60 80 100 120 140 160 50 56 76 96 116 136 156 176 192 190 100 111 131 151 171 191 211 211 207 203 150 167 187 207 227 233 227 222 217 214 200 223 243 257 248 241 235 230 225 222 250 278 271 262 253 247 241 236 239 251 300 283 273 265 257 257 251 248 260 271 282 350 283 274 267 260 268 280 291 303 314 400 283 276 277 289 300 312 323 335 346 DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 12/03/03 Standard Specifications Page 7-15 REF.H\DEVELOPMENT\MANUALS\Construction Standards\Standard Specifications\DIV-7 (12-03) Air Test Times for Air-permeable Sanitary Sewer Pipe Linear feet of 6 inch Side Sewer 0 50 100 150 200 250 300 350 400 0 0 20 40 60 80 100 120 140 160 50 80 100 120 140 160 180 200 208 204 100 160 180 200 220 240 246 238 232 227 150 240 260 280 283 272 263 255 249 243 200 321 321 306 294 283 275 267 263 275 250 340 325 312 301 292 286 298 309 321 300 340 327 316 309 321 332 343 355 366 350 340 332 343 355 366 378 389 401 412 400 366 378 389 401 412 424 435 447 458 Linear feet of 6 inch Side Sewer 0 50 100 150 200 250 300 350 400 0 0 20 40 60 80 100 120 140 160 50 125 145 165 185 205 225 245 237 231 100 250 270 291 311 312 298 286 276 268 150 376 395 371 352 336 323 312 302 306 200 425 402 383 366 352 343 355 366 378 250 425 406 390 392 404 415 426 438 449 300 429 441 452 464 475 487 498 509 521 350 501 512 524 535 547 558 570 581 592 400 572 584 595 607 618 630 641 653 664 DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 12/03/03 Standard Specifications Page 7-16 REF.H\DEVELOPMENT\MANUALS\Construction Standards\Standard Specifications\DIV-7 (12-03) Air Test Times for Air-permeable Sanitary Sewer Pipe Linear feet of 6 inch Side Sewer 0 50 100 150 200 250 300 350 400 0 0 20 40 60 80 100 120 140 160 50 180 200 220 240 260 280 283 272 263 100 361 381 401 397 374 356 340 327 316 150 510 476 448 425 406 389 378 389 401 200 510 484 462 447 458 469 481 492 504 250 515 527 538 550 561 572 584 595 607 300 618 630 641 653 664 675 687 698 710 350 721 733 744 756 767 779 790 801 813 400 824 836 847 859 870 882 893 904 916 Linear feet of 6 inch Side Sewer 0 50 100 150 200 250 300 350 400 0 0 20 40 60 80 100 120 140 160 50 245 265 286 306 326 345 327 312 299 100 491 511 501 468 441 418 399 383 372 150 595 558 527 501 478 478 489 501 512 200 595 572 584 595 607 618 630 641 653 250 701 713 724 736 747 758 770 781 793 300 841 853 864 876 887 899 910 922 922 933 350 982 993 1005 1016 1028 1039 1050 1062 1073 400 1122 1133 1145 1156 1168 1179 1191 1202 1214 DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 12/03/03 Standard Specifications Page 7-17 REF.H\DEVELOPMENT\MANUALS\Construction Standards\Standard Specifications\DIV-7 (12-03) Air Test Times for Air-permeable Sanitary Sewer Pipe Linear feet of 6 inch Side Sewer 0 50 100 150 200 250 300 350 400 0 0 20 40 60 80 100 120 140 160 50 321 341 361 381 401 397 374 356 340 100 641 624 578 541 510 484 462 447 458 150 680 641 607 584 595 607 618 630 641 200 733 744 756 767 779 790 801 813 824 250 916 927 939 950 962 973 985 996 1008 300 1099 1111 1122 1133 1145 1156 1168 1179 1191 350 1282 1294 1305 1317 1328 1340 1351 1362 1374 400 1465 1477 1488 1500 1511 1523 1534 1546 1557 Linear feet of 6 inch Side Sewer 0 50 100 150 200 250 300 350 400 0 0 20 40 60 80 100 120 140 160 50 501 521 541 561 548 510 479 454 432 100 850 788 737 693 656 630 641 653 664 150 859 870 882 893 904 916 927 939 950 200 1145 1156 1168 1179 1191 1202 1214 1225 1236 250 1431 1443 1454 1465 1477 1488 1500 1500 1511 1523 300 1717 1729 1740 1752 1763 1775 1786 1797 1809 350 2004 2015 2026 2038 2049 2061 2072 2084 2095 400 2290 2301 2313 2324 2336 2347 2358 2370 2381 DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 12/03/03 Standard Specifications Page 7-18 REF.H\DEVELOPMENT\MANUALS\Construction Standards\Standard Specifications\DIV-7 (12-03) 7-17.3(2)F LOW PRESSURE AIR TEST FOR SANITARY SEWERS CONSTRUCTED OF NON AIR-PERMEABLE MATERIALS Supplement If the test shows zero leakage after a five minute test time, the Engineer has the authority to accept and end the test immediately. Cleaning and testing of pipes and structures shall be incidental to the pipe and structure bid item. 7-17.3(2)H TELEVISION INSPECTION Replacement Before final acceptance, the City shall require all sewer lines to be inspected by the use of a television camera, utilizing City approved private inspection services. After completion of the following, authorization from the City shall be required before the Contractor can perform the initial television camera work: 1. The acceptable placement of applicable pipe, ballast, bedding, and backfill material. 2. The acceptable completion of all applicable channels and grout work. 3. The acceptable debris removal, cleaning, and flushing of all applicable pipes and structures. The television inspection requirements shall include the provisions of: 1. A color VHS television camera with a pan and tilt capacity in order to view all main lines, lateral lines, and structures including channels. 2. A dye solution to be introduced in sufficient quantity to travel from the structure that is the highest point of inspection to the to the downstream terminus of the inspection limits. Red or purple dye shall be used for PVC pipe and green dye for ductile iron and concrete pipe. 3. A one-inch reference ball to be mounted to the camera in order to drag along the bottom of the pipe during the entire inspection procedure. 4. Linear measure references to be measured from the center of the beginning structure to the center of the next inline structure and include the direction of flow. The locations of lateral pipes and all distinctive pipe pipe conditions shall be referenced to the centerline of the beginning structure. All structure references shall utilize the designated structure reference numbers shown on the plans. DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 12/03/03 Standard Specifications Page 7-19 REF.H\DEVELOPMENT\MANUALS\Construction Standards\Standard Specifications\DIV-7 (12-03) The following television inspection information shall be provided to the City: 1. A clear VHS color tape which encompasses the limits of the inspection area and including all reference data as described herein. A tape reference time and date for the start of each run shall also be indicated. 2. A written report shall be provided corresponding to the taped inspection and including all reference data as described herein. The report shall consist of a written narrative of all distinctive pipe conditions including ponding areas in excess of ¼ inch. 7-18 SIDE SEWERS 7-18.3 CONSTRUCTION REQUIREMENT Supplement 7-18.3(1) GENERAL Supplement Side sewers shall be connected (where shown on the plans or directed by the Engineer), using approved sewer saddle tees. Quantities of tees will vary depending upon conditions encountered. All joints shall be approved rubber-gasketed joints except the joint between the new and existing pipe which shall be made with approved flexible transition couplings. Side sewers shall be installed to a minimum slope of two percent or as shown on the plans unless otherwise directed by the Engineer and shall be 6-inches diameter from the street sewer to the private property line. The location of side sewers shall be marked at the end of the line inside the property, by a pressure treated 4-foot long 2x4-inch board buried in the ground to a depth of 3-feet. The lower side shall have a 2x4-inch cleat nailed to it to prevent withdrawal of the stake. The exposed one-foot shall be painted traffic-yellow and the depth to the side sewer or tee shall be indicated in black paint on the 2x4-inch board. In addition, a length of 9-gauge galvanized wire shall extend from the plugged end of the side sewer or tee to grade at the property line. The lower end of the wire shall be securely fastened to a 1-foot length of 2x4-inch board placed near the plugged end of the side sewer or tee. The upper end shall emerge at the 4-foot stake but shall not be fastened to it. In addition, the letter "S", 2 inches high, shall be neatly imprinted in the top of the curb before the concrete hardens to designate the side sewer location. The City shall furnish the brand for this work. During construction in areas with more than one side sewer per structure, the Contractor shall test each connected structure to verify which side sewer is used by that structure. The test shall involve flushing every toilet or running every sink or tub on each floor of each structure and directly observing which side sewer the effluent discharges from. Only these side sewers shall be connected. All others are to be abandoned in place per Section 7-00.3(8) (Pipe Abandonment and Filling). Existing side sewers to be connected shall be trimmed to the limit of the right-of-way except where otherwise shown on the plans and connected to the new new sewer with PVC SDR-35 with a diameter to match the existing side sewer or 6 inches, whichever is greater. Formatted DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 12/03/03 Standard Specifications Page 7-20 REF.H\DEVELOPMENT\MANUALS\Construction Standards\Standard Specifications\DIV-7 (12-03) The Contractor shall be responsible for verifying all City customers originally connected to the sanitary sewer conveyance line are connected to the new sanitary sewer conveyance line. Prior to project completion the Contractor shall document to the City that all City customers have had their services re-established. All pipes for side sewer and sewer stubs (pipes not ending in a manhole) shall be adequately plugged or capped as directed by the Engineer. END OF DIVISION 7 DESIGN STANDARDS City of Auburn Engineering Division Public Works Department 25 West Main St. Auburn, WA 98001-4998 (253) 931-3010 FAX (253) 931-3053 Chapter 7 – Water Facilities Section: Page: 7.00 Preface 7-01 7.01 Design Criteria 7-01 7.01.1 Water Mains 7-01 7.01.1.1 Water Main Sizing 7-01 7.01.1.2 Water Main Location 7-02 7.01.1.3 Water Main Fittings 7-02 7.01.2 Water Services 7-03 7.01.2.1 Domestic Services 7-03 7.01.2.2 Other Services 7-04 7.01.3 Water Valves 7-04 7.01.3.1 Water Valve Sizing 7-04 7.01.3.2 Water Valve Location 7-04 7.01.4 Pressure Reducing Stations 7-05 7.01.5 Fire Systems 7-05 7.01.5.1 Fire Hydrant Assemblies 7-05 7.01.5.2 Fire Sprinkler Systems 7-05 7.01.5.3 Fire Flows 7-06 7.01.5.4 Fire Department and Hydrant Access 7-07 7.02 Public Water Utility Easements 7-07 7.03 Material Requirements for Water Systems 7-07 11/06/08 Design Standards Page ix REF. H:\DEVELOPMENT\Manua ls\Design Standards\TOC (11/08) Chapter 7 – Water Facilities 7.00 Preface The design of Public Water Facilities shall conform to the State of Washington Department of Health (DOH) Design Standards for Group A Public Water Systems, Standard Specifications of the American Water Works Association (AWWA), and the most recent published and adopted edition of the Uniform Plumbing Code (UPC), unless modified herein. Compliance with these standards does not alleviate the design engineer from using sound professional engineering practices. The design criteria contained herein are the minimum acceptable under standard conditions. Special conditions may require more stringent requirements that will be addressed during the plan review process. The design criteria used to estimate future line capacities are established in the City’s Comprehensive Water Plan. Anyone proposing to extend or modify the City’s water system should contact the Public Works Department for information. Developers needing to construct water improvements shall enter into a Facility Extension Agreement (FAC) with the City. The Public Works Department can provide information on this agreement as well as applicable permit and connection fee estimates. 7.01 Design Criteria 7.01.1 Water Mains The design of water mains shall meet the following requirements: 7.01.1.1 Water Main Sizing Public water mains shall be sized using the following criteria: A. Water mains in single-family residential areas shall be a minimum of eight inches (8”) in diameter. B. Water mains in multi-family residential and non-residential areas shall be a minimum of twelve inches (12”) in diameter. Onsite water main loops, with no possibility of future extension, serving two or less fire hydrants may be reduced to a minimum diameter of eight inches (8”). C. New mains shall be sized as indicated in the City's Comprehensive Water Plan. D. Under fire flow and other emergency demand conditions, the flow velocity shall not exceed eight feet per second (8 fps) in distribution mains or five feet per second (5 fps) in transmission mains. E. Exceptions to the minimum diameter allowed might be made in small cul-desacs and in areas where looping of a main is not feasible. In these cases the main stubs could be a minimum of four inches (4”) in diameter if no fire hydrants are connected. If a conflict arises between two or more of these criteria, the water main should be designed using the largest pipe diameter required. 8/9/2004 Design Standards Page 7-01 REF. H:\DEVELOPMENT\Manuals\De sign Standards\Chapter 7 (8-04) 7.01.1.2 Water Main Location A. Water mains shall be installed with no less than forty-two inches (42”) and no more than seventy-two inches (72”) finished cover. B. Water mains shall be located in the public right-of-way or within a public water utility easement. Water mains located in the public right-of-way shall meet the requirements of Section 9.01.2. C. Water mains shall be located a minimum horizontal distance of ten feet (10’) from buildings and sanitary sewer mains and a minimum horizontal distance of five feet (5’) from all other utilities. D. When crossing, water mains shall be located a minimum vertical distance of eighteen inches (18”) above sanitary sewer mains and a minimum vertical distance of twelve inches (12”) from all other utilities. E. Water mains shall be extended through the full width of the property to be served. Whenever possible, provisions shall be made for looping all existing and new dead-end mains associated with the project. If at the time of project approval this is not feasible, an easement shall be provided to the adjacent property line or right-of-way for future looping of the dead-end main. 7.01.1.3 Water Main Fittings A. Blowoffs (See Standard Detail WATER-03 or WATER-04) are required on dead-end water mains with a diameter of six inches (6”) or less; hydrants are required for dead-end mains over six inches (6”) in diameter. Blowoffs shall also be installed at the low point of a depressed “sag” section of a water main, except where a fire hydrant is installed within fifty feet (50’) of said area. Blowoffs shall be placed in a level clear area within the right-of-way or easement and be easily accessible to the City. B. Combination air release valves (See Standard Detail WATER-02) are required at high points in water mains when an abrupt vertical change in pipe elevation exceeds one pipe diameter, except where fire hydrants are installed within fifty feet (50’). Combination air release valves shall be placed within a level clear area within the right-of-way or easement and be easily accessible to the City. C. All bends shall have mechanical or flanged joints and concrete thrust blocking (See Standard Detail WATER-01). The City may require restrained joints in lieu of thrust blocking in special conditions. D. Tees shall have mechanical or flanged joints and concrete thrust blocking (See Standard Detail WATER-01). When connecting to an existing public water main, a tapping tee and valve shall be used unless otherwise approved or required by the City. E. The maximum allowable deflection per joint for ductile iron water mains shall be four degrees (4°). 8/9/2004 Design Standards Page 7-02 REF. H:\DEVELOPMENT\Manuals\Design Standards\Chapter 7 (8-04) 7.01.2 Water Services See Standard Details WATER-06, -13 through -17 The City owns and shall maintain the service line to the meter, the meter and setter, the meter tailpiece, and the meter box. The property owner owns and shall maintain the tailpiece connection fitting, service line, and other facilities such as pressure reducing valves, pumps, or backflow prevention assemblies behind the meter. For fire sprinkler connections, City ownership and maintenance responsibilities cease at the edge of the public right-of-way or public water utility easement. 7.01.2.1 Domestic Services Domestic Services are defined as any service that connects directly to plumbing within a structure and is used for drinking, cooking, washing, and other standard uses of potable water. Domestic services shall meet the following requirements: A. Installation of corporation stops, water services, and meters shall be per City of Auburn Standard Details. The City may, at the City's option, install services from public water mains to the the meter in existing right-of-ways and easements. The developer/contractor will install and/or replace all applicable services when installing new water mains required for the project. The City will furnish and install the meter for services of two inches (2”) and smaller. B. Water services and meters of three inches (3”) and larger will be purchased and installed by the developer/contractor under City observation. Where vaults are required, the meter shall be equipped with a remote read device that records water use in cubic feet. The remote read device shall be located near the hatch opening in a weather-tight enclosure. C. Water meters shall be located in a level unobstructed area as close to the City main as possible with the distance not to exceed fifty feet (50’). D. Residential sites should have water meters placed in landscape strips within the right-of-way. If no unpaved areas exist in the right-of-way, water meters may be placed outside the right-of-way in unpaved areas within a public water utility easement. E. Commercial and industrial sites should have meters located near driveway entrances within the right-of-way or within public water utility easements in landscape islands located near access driveways when placement in right-ofway is not practical. F. Domestic water meter sizing calculations shall be per the most recent adopted Uniform Plumbing Code and will be provided by the Developer when requested. The length of the service between the meter and the structure should not exceed one hundred fifty feet (150’). G. When installing multiple services to a public main, a minimum spacing of two feet (2’) shall be used between corporation stops and a minimum spacing of ten feet (10’) shall be used between tapping tees. H. Domestic services shall protect the City’s water system from contamination by installing backflow prevention assemblies required by and in accordance with Washington State Law (WAC 246.290.490 or subsequent revisions), Auburn City Code (ACC), and the City of Auburn ”Cross Connection Control Program Manual.” Prior to installation, four (4) sets of backflow prevention assembly plans, including the connection point to the City main, shall be submitted to City for approval by the City’s Cross Connection Specialist. 8/9/2004 Design Standards Page 7-03 REF. H:\DEVELOPMENT\Manuals\Design Standards\Chapter 7 (8-04) 7.01.2.2 Other Services Irrigation and other non-domestic services must meet all the above requirements as well as the following: A. Backflow prevention assemblies shall be installed on all non-domestic services. Double Check Valve Assemblies (DCVA) shall be used for “low hazard” services and Reduced Pressure Backflow Assemblies (RPBA) shall be used for “high hazard” services. (For lists of low and high hazard services contact the City of Auburn’s Cross Connection Specialist.) Assemblies installed shall be on the current Washington State Department of Health (DOH) Approved List. Backflow prevention shall be installed within one hundred feet (100’) of the City water main and inspected by the City. These assemblies shall be installed as required by and in accordance with Washington State Law (WAC 246.290.490 or subsequent revisions), Auburn City Code (ACC), and the City of Auburn ”Cross Connection Control Program Manual.” Prior to installation, four (4) sets of backflow prevention assembly plans, including the connection point to the City main, shall be submitted to the City for approval by the Cross Connection Specialist. B. An Irrigation meter shall be installed in cases where water is used for landscape purposes and will not enter the sanitary sewer system. C. A sewer deduct meter, if applicable, shall be installed between the domestic water meter and the point of connection for an approved industrial use. Sewer deduct meters shall be installed in accordance with the City of Auburn Standard Detail WATER-06. D. For fire sprinkler service line requirements, see Section 7.01.5.2. 7.01.3 Water Valves Water valves shall meet the following requirements: 7.01.3.1 Water Valve Sizing A. Water valves for twelve-inch (12”) diameter and smaller water mains shall be of the resilient wedge gate variety. When water mains exceed twelve inches (12”) in diameter, butterfly valves shall be used. 7.01.3.2 Water Valve Location See Standard Details WATER-18 A. Water valves shall be installed along the water mains at a maximum spacing of four hundred feet (400') and at the intersection of lateral lines. B. Water valves shall be located in clusters when possible and shall be located so that each leg of the main line system can be isolated separately. C. When extending public water mains, a water valve may be required near the end of lines where future extensions are projected. D. Water valves should not be placed within the wheel path of vehicle traffic. E. An all-weather maintenance road shall be provided within the public water utility easement to allow access to valves and other appurtenances located outside of the paved roadway. 8/9/2004 Design Standards Page 7-04 REF. H:\DEVELOPMENT\Manuals\Design Standards\Chapter 7 (8-04) 7.01.4 Pressure Reducing Stations See Standard Details WATER-10A through -12C Pressure Reducing Station installation may be required to maintain adequate pressure in the water system between pressure zones. Contact the City Water Utility Engineer for specific requirements when applicable. 7.01.5 Fire Systems 7.01.5.1 Fire Hydrant Assemblies See Standard Detail WATER-07 & -08 Fire Hydrant Assemblies shall meet the following requirements: A. Fire hydrant assemblies shall conform to the standard details listed above. B. Fire hydrant assembly service lines shall be installed at right angles to eightinch (8") minimum diameter supply mains. C. Fire hydrant assemblies shall stand plumb, be set such that the lowest outlet is a minimum of twenty-one inches (21") above finish grade, and have a clear, level area around the hydrant with a radius of no less than sixty inches (60”). D. Fire hydrant assemblies shall be located no closer than fifty feet (50’) to the surrounding structures. E. Fire hydrant assemblies shall be provided with two 2-1/2” National Standard Thread (NST) hose ports and one 4-1/2” NST by 5” hose port with a Storz adapter and cap. F. The pumper port shall face the street or fire access road and be readily accessible to any fire vehicle for fire fighting and pumping operations. G. The service line from the supply main to the fire hydrant assembly shall be six inches (6") in diameter unless the line extends over fifty feet (50’) in length, in which case pipe eight inches (8”) in diameter shall be used. H. Fire hydrant assemblies shall be installed with a maximum spacing of six hundred feet (600') along streets in single-family zones and three hundred feet (300') in all other zones. I. Buildings, other than single-family residences, located with portions of the building more than one hundred fifty feet (150’) in vehicular travel from a fire hydrant assembly or with building fire flow over 2500 gpm shall require on-site fire hydrant assemblies. These hydrants shall be served by a public water main that loops around the building, or complex of buildings, and reconnects back to a distribution supply main. 7.01.5.2 Fire Sprinkler Systems Fire Sprinkler Systems shall meet the following requirements: A. Fire sprinkler systems shall be required in commercial/industrial and multifamily buildings according to the current fire code regulations. Sprinkler systems may also be required in single-family residences when the length of the private access road exceeds one hundred fifty feet (150’). B. Fire sprinkler supply lines for commercial buildings, unless designed by a Fire Protection Engineer, shall be the same diameter as the supplying water main. C. Fire sprinkler supply lines shall be separated from the public water main by a valve located at the point of connection. 8/9/2004 Design Standards Page 7-05 REF. H:\DEVELOPMENT\Manuals\Design Standards\Chapter 7 (8-04) D. The design of fire sprinkler supply lines for single-family/duplex shall be in accordance with City of Auburn Standard Detail No. WATER-09. E. A backflow prevention assembly shall be installed on all fire sprinkler lines as required by and in accordance with Washington State Law (WAC 246.290.490 or subsequent revisions), Auburn City Code (ACC), and the City of Auburn ”Cross Connection Control Program Manual.” When the distance from the point of connection at the main to the fire sprinkler riser assembly is less than one hundred feet (100’), the backflow prevention assembly may be part of the sprinkler riser assembly and placed within the building’s riser room. Prior to installation, four (4) sets of backflow prevention assembly plans, including the connection point to the City main, shall be submitted to City for approval by the City’s Cross Connection Specialist. F. A Washington State Certified Level “U” contractor shall install underground fire sprinkler supply lines in accordance with WAC 212-80-010. Prior to installation, four (4) sets of underground fire sprinkler supply line plans shall be submitted to the City for approval by the Fire Marshal. Both a State Certified Level “U” contractor and a Fire Protection Engineer shall stamp these plans. A letter from a state certified sprinkler system designer stating “FOR DESIGN PURPOSES ONLY” may be attached in lieu of a stamp from the Fire Protection Engineer. G. A post indicator valve (PIV) shall be installed on the fire sprinkler supply line between the public water main and the building. PIV’s shall be located in such a manner as to be easily visible to Fire Department personnel. A wallmounted PIV may be installed when the exterior wall of the building is of noncombustible construction. A detail containing this information shall be included with the submitted plans. H. Fire Department Connections (FDC’s) shall be placed within fifty feet (50’) of a fire hydrant assembly or as directed by the Fire Marshal. I. Fire sprinkler supply lines will require the installation of detector check meters. 7.01.5.3 Fire Flows New developments or redevelopment of existing sites are required to meet the minimum City fire flow requirements listed below. The developer shall provide information to the City to define the building specific fire flow requirements. If the building specific fire flow requirements are greater than the minimums listed below, facilities shall be designed to meet the greater requirement. The minimum fire flow requirements are as follows: 1) Single Family Residential 1,500 GPM @2 Hours 2) Industrial/Commercial/Multi-Family 2,500 GPM @3 Hours Developers are responsible for installing all facilities necessary to serve their property, complying with development standards, and providing the required fire flow established by the Fire Marshal. If off-site water system improvements are necessary to meet these requirements, the Developer shall be responsible for said improvements. The change of use of existing structures or areas may also require the installation of new facilities. 8/9/2004 Design Standards Page 7-06 REF. H:\DEVELOPMENT\Manua ls\Design Standards\Chapter 7 (8-04) 8/9/2004 Design Standards Page 7-07 REF. H:\DEVELOPMENT\Manuals\Design Standards\Chapter 7 (8-04) 7.01.5.4 Fire Department and Hydrant Access Fire Department and hydrant access shall meet the following requirements: A. Access roads shall be a minimum of twenty feet (20’) wide with a minimum vertical clearance of thirteen and a half feet (13½’). B. Turns in the access road shall be designed using a minimum inside radius of twenty-eight feet (28’) and a minimum outside radius of forty-eight feet (48’). C. Private access roads that exceed one hundred fifty feet (150’) in length and do not return to a public road shall be provided with a turnaround with a diameter of sixty-five feet (65’). D. On sites where the primary access may become blocked, a secondary access road that is for emergency vehicles only may be required. 7.02 Public Water Utility Easements Public Water Utility Easements are required for the placement, operation, and maintenance of water mains upon private property. Public Water Utility Easements shall meet the following requirements: A. Public Water Utility Easements shall extend a minimum of seven and one-half feet (7½’) to each side of the centerline of the main, water meters, and all fire hydrants. B. Public Water Utility Easements shall be provided on the City’s standard easement form. Legal description of the easement and the property that the easement encumbers, along with a sketch showing both, shall be stamped and signed by a licensed land surveyor and incorporated into the easement form as exhibits. The legal descriptions and sketch shall be on plain bond paper with margins acceptable to the County of recording. C. Public Water Utility Easements shall be reviewed by the City and then recorded in the appropriate County prior to acceptance of the public water main. 7.03 Material Requirements For Water Systems Unless otherwise approved by the City, all water mains shall be constructed using Special Class 52 Cement Lined Ductile Iron Pipe. The list of acceptable valves, fittings, and other appurtenances for water facility construction is subject to change as new and improved components become available. Please refer to the City of Auburn’s Construction Standards manual (latest edition) for the most current information on these requirements. Appendix H FACILITY CONDITIONS ASSESSMENT TABLE H1. SOURCE EVALUATION Evaluation Criteria Coal Creek Spring West Hill Spring Well 1 Wells 2 and 6 Wells 3A and 3B Well 4 Well 5 Well 5A Well 5B Well 7 Braunwood Water Source and Treatment Reliable water quantity 􀁺 􀁺 􀁣 􀁽 Aquifer collapsing around screen 􀁺 􀁺 􀁺 􀁽 Aquifer not recharging quickly around October 􀁣 􀁺 􀁺 Treatment 􀁺 Onsite site at Cl facility and offsite at Howard Rd 􀁺 Off site at Cl facility 􀁣 􀁺 Off site at Fulmer 􀁣 Chlorination facility removed 􀁺 Onsite at well and off site at Howard Rd 􀁣 􀁺 􀁺 􀁺 Off site at Fulmer 􀁺 Type of treatment Cl at spring and corrosion control at Howard Rd Cl NA Cl and corrosion control at Fulmer NA Cl at well 4, Corrosion control at Howard Rd NA Cl Cl, metals removal Cl and corrosion control at Fulmer Cl Reliable treatment, treated water quality 􀁺 􀁺 􀁺 􀁺 􀁣 Mn too high 􀁺 􀁺 􀁺 􀁽 Difficulty producing hypochlorite 􀁽 High Mg, brown water complaints when turn well on 􀁺 Civil -Sitework Space for expansion 􀁺 􀁺 􀁽 􀁺 􀁺 􀁺 􀁽 􀁺 􀁽 􀁣 􀁣 Outside the 100 year flood plain 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Positive drainage 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁽 􀁺 􀁺 􀁺 􀁺 Located 50 ft from sanitary sewers 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Equipment secured 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Site secured 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁣 􀁺 􀁣 􀁺 Structural Adequately freeze protected NA NA 􀁺 􀁺 􀁣 􀁺 􀁣 􀁺 􀁺 􀁺 􀁣 Enclosed 􀁣 􀁣 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Adequate space NA NA 􀁺 􀁺 􀁺 􀁺 􀁣 􀁽 Not a lot of space in Cl room 􀁺 􀁺 NA Exterior in good condition NA NA 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Excessive corrosion NA NA 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Mechanical Alternate Power Source NA NA 􀁽 Manual transfer switch for mobile generator 􀁽 Alternate power provided at Fulmer 􀁺 􀁣 􀁣 􀁽 Manual transfer switch for mobile generator 􀁺 􀁣 􀁺 Excessive vibrations NA NA 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 NA 􀁺 􀁺 Excessive noise NA NA 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 NA 􀁺 􀁺 Excessive corrosion NA NA 􀁺 􀁺 􀁺 􀁺 􀁽 􀁽 􀁺 􀁺 􀁺 Paint in good condition 􀁺 􀁺 􀁺 􀁺 􀁽 􀁺 􀁺 􀁺 􀁺 Excessive leaks NA NA 􀁺 􀁺 􀁺 􀁽 􀁺 􀁺 NA 􀁺 􀁺 􀁺 Electrical motor thermal load protection NA NA Access for maintenance NA NA 􀁺 􀁺 􀁺 􀁺 􀁽 􀁺 􀁺 􀁺 􀁽 Piping Sampling port NA NA 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Pressure gauge on discharge line NA NA 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Check valve on discharge side NA NA 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Instrumentation Critical indications functioning NA NA NA 􀁺 􀁽 PLC cannot communicate with reservoir 􀁺 􀁺 􀁺 􀁽 Leaks in instrumentation panel 􀁺 􀁣 No alarms 􀁺 Good 􀁣 Improvements Recommended Cl = chlorination 􀁽 Adequate NA = not applicable Mn = manganese TABLE H2. PUMP STATION EVALUATION Evaluation Criteria Intertie PS and Chlorination Academy PS Lea Hill PS Green River PS Lakeland Hills PS Janssen's PS Game Farm Park PS Civil -Sitework Space for expansion 􀁺 􀁺 􀁽 􀁺 􀁺 􀁣 􀁽 Outside the 100 year flood plain 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Equipment secured 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Site secured 􀁺 􀁺 􀁺 􀁣 􀁺 􀁣 􀁣 Structural Adequately freeze protected 􀁺 􀁺 􀁺 􀁺 􀁺 NA 􀁣 Enclosed 􀁺 􀁺 􀁺 􀁺 􀁺 􀁣 􀁺 Adequate space 􀁺 􀁺 space for one additional pump 􀁽 􀁺 􀁽 􀁣 􀁣 Exterior in good condition 􀁺 􀁺 􀁺 􀁺 􀁺 NA 􀁺 Excessive corrosion 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Mechanical Alternate Power Source 􀁽 WD 111 & CWD will provide service during power failure 􀁺 􀁺 􀁽 WD 111 & CWD will provide service during power failure 􀁺 􀁣 􀁣 Excessive vibrations 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Excessive noise 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁽 Excessive corrosion 􀁺 􀁺 􀁺 􀁺 􀁽 􀁽 􀁽 Paint in good condition 􀁺 􀁺 􀁺 􀁺 􀁽 􀁺 􀁽 Excessive leaks 􀁺 􀁺 􀁽 􀁽 􀁺 􀁺 􀁽 Electrical motor thermal load protection􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Access for maintenance 􀁺 􀁺 􀁺 􀁺 􀁺 􀁣 􀁣 Piping Bypass provided 􀁣 NA treatment criteria NA treatment criteria NA treatment criteria NA treatment criteria NA treatment criteria NA treatment criteria Sampling port 􀁺 NA treatment criteria NA treatment criteria NA treatment criteria NA treatment criteria NA treatment criteria NA treatment criteria Pressure guage on discharge line 􀁺 􀁺 􀁺 􀁺 􀁺 􀁣 􀁺 Check valve on discharge side 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Instrumentation Critical indications functioning 􀁺 􀁺 􀁺 􀁺 􀁺 NA NA Treatment Type of treatment Chlorination only provided for intertie NA treatment criteria NA treatment criteria NA treatment criteria NA treatment criteria NA treatment criteria NA treatment criteria Reliable treatment, treated water quality 􀁺 NA treatment criteria NA treatment criteria NA treatment criteria NA treatment criteria NA treatment criteria NA treatment criteria 􀁺 Good 􀁽 Adequate 􀁣 Improvements Recommended NA = not applicable WD 111 = Water District 111 CWD = Covington Water District TABLE H3. RESERVOIR EVALUATION Evaluation Criteria Reservoir 1 Reservoir 2 Reservoir 4A and 4B Reservoir 5 Reservoir 8A and 8B Braunwood Civil -Sitework Space for expansion 􀁺 􀁣 􀁽 􀁣 􀁣 􀁣 Outside the 100 year flood plain 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Positive drainage 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Located 50 ft from sanitary sewers 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Site secured 􀁺 􀁺 􀁺 􀁺 􀁽 (fence old and breached in places) 􀁺 Secure access ways and ladders 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Locks on all hatches, access entries 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Structural Overflow pipe 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Tank atmosphic vents screened 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Water tight access hatches 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Enclosed 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Slope of reservoir roof at a minimum of 2% 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Date inside coated A = 1998, B = 2003 2002 Date exterior painted NA, not painted NA, not painted 1998 Scheduled for 2008 2002 NA, not painted Exterior in good condition 􀁽 􀁺 􀁺 􀁽 􀁺 􀁽 Excessive corrosion 􀁺 􀁺 􀁺 􀁽 􀁺 􀁺 Piping Bypass provided 􀁺 Reservoir 2 serves as backup 􀁺 Reservoir 1 serves as backup 􀁺 􀁽 Can bypass reservoir, but no alternate reservoir 􀁺 􀁣 Sampling port 􀁣 􀁣 􀁣 􀁣 􀁣 􀁣 Reservoir isolation valve 􀁺 􀁺 􀁺 􀁺 􀁺 􀁣 Separate inlet and outlet 􀁣 􀁣 􀁣 􀁣 􀁣 􀁺 Automatic seismic valve 􀁣 􀁣 􀁣 􀁣 􀁣 􀁣 Instrumentation Critical indications functioning 􀁽 Reservoir and Wells 3A and 3B cannot communicate 􀁽 Reservoir and Wells 3A and 3B cannot communicate􀁺 􀁺 􀁺 􀁺 High and low level alarms 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Local level indicator 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 􀁺 Good 􀁽 Adequate 􀁣 Improvements Recommended NA = not applicable TABLE H4. TREATMENT FACILITY EVALUATION Evaluation Criteria Fulmer Field and Booster Pump Station Howard Road and Booster Pump Station Coal Creek Chlorination West Hill Spring Chlorination Treatment Type of treatment Cl and corrosion control Corrosion control Cl Cl Reliable treatment, treated water quality 􀁺 􀁺 􀁺 􀁺 Civil -Sitework Space for expansion 􀁽 􀁽 􀁺 􀁺 Outside the 100 year flood plain 􀁺 􀁺 􀁺 􀁺 Located 50 ft from sanitary sewers 􀁺 􀁺 􀁺 􀁺 Equipment secured 􀁺 􀁺 􀁺 􀁺 Site secured 􀁺 􀁺 􀁺 􀁺 Structural Adequately freeze protected 􀁺 􀁺 􀁺 􀁺 Enclosed 􀁺 􀁺 􀁺 􀁺 Adequate space 􀁺 􀁺 􀁺 􀁽 Paint in good condition 􀁺 􀁺 􀁺 􀁺 Excessive corrosion 􀁺 􀁺 􀁺 􀁺 Mechanical Alternate Power Source 􀁺 􀁺 􀁺 􀁣 Excessive vibrations 􀁺 􀁺 􀁺 􀁺 Excessive noise 􀁺 􀁺 􀁺 􀁺 Excessive corrosion 􀁺 􀁺 􀁺 􀁽 Paint in good condition 􀁺 􀁺 􀁺 􀁺 Excessive leaks 􀁽 􀁺 􀁺 􀁺 Electrical motor thermal load protection 􀁺 􀁺 NA NA Access for maintenance 􀁺 􀁺 􀁺 􀁺 Piping Bypass provided 􀁺 (Can bypass treatment) 􀁽 (Can bypass treatment) 􀁺 (Can bypass chlorination) 􀁣 (Cannot bypass chlorination) Sampling port 􀁺 􀁺 􀁺 􀁺 Pressure guage on discharge line 􀁺 􀁺 NA Booster pump station critieria NA Booster pump station critieria Check valve on discharge side 􀁺 􀁺 NA Booster pump station critieria NA Booster pump station critieria Instrumentation Critical indications functioning 􀁺 􀁺 􀁺 NA 􀁺 Good 􀁽 Adequate 􀁣 Improvements Recommended NA = not applicable Cl = chlorination Appendix I WATER RIGHTS CERTIFICATES Department of Health Table 3, Existing Water Right(s) Status Maximum Instantaneous Flow Rate (Qi) Maximum Annual Volume (Qa) Maximum Instantaneous Flow Rate Maximum Annual Volume (Qa) Maximum Instantaneous Flow rate (Qi) Maximum Annual Volume (Qa) 1. 857 City of Auburn 1925 Coal Creek Springs Primary 6 ,730 9 ,410 2,000 3,226 4,730 6,184 1. 3560-A City of Auburn 1960 Well 1 Primary 2 ,200 1 ,120 --2,200 1,120 2. G1-00277C City of Auburn 1972 Well 2 Primary 2 ,400 3,840 1,600 2,581 800 1,259 3. G1-23629C City of Auburn 1980 Wells 3A & 3B Primary 2 ,800 3,600 --2,800 3,600 4. G1-20391C City of Auburn 1972 Well 4 Primary 2 ,800 3,600 2,600 3,600 200 -5. G1-23633P City of Auburn 1980, 1989, 2004 Wells 5, 5A, 5B Primary 1 ,000 720 830 720 170 -6. Supplemental to Wells 1, 2, 3A, 3B and 4 City of Auburn 1995 Well 6 Supplemental --1,800 2,904 ( 1,800) (2,904) 7. Supplemental to Wells 1, 2, 3A, 3B and 4 City of Auburn 1995 Well 7 Supplemental --2,000 3,226 ( 2,000) (3,226) 8. G1-25173C City of Auburn 1988 Braunwood 2 0 6.5 9. G1-22769C City of Auburn 1976 Algona Well 1 Primary 5 00 175 --500 175 Claims 1. 2174049364 City of Auburn 1907 West Hill Springs Primary 6 25 1 ,010 600 968 25 42 TOTAL 19,075 23,482 11,430 17,072 7,625 6,410 Intertie Name/Identifier Maximum Instantaneous Flow rate (Qi) Maximum Annual Volume (Qa) Maximum Instantaneous Flow rate (Qi) Maximum Annual Volume (Qa) Maximum Instantaneous Flow rate (Qi) Maximum Annual Volume (Qa) TOTAL G1-28404 City of Auburn 01/05/06 Primary 12500 13433 Note: Total Qa water right for wells 1, 2, 3A, 3B, 4, 6 and 7 is 12,160 ac-ft/yr. Current Water Right Status (Excess/Deficiency) Name of Purveyor Providing Water Primary or Supplemental Priority Existing District Water Rights Existing Production Capacity Date Source Name/Number Current Intertie Supply Status (Excess/Deficiency) Existing Consumption Through Intertie Existing Limits on Intertie Water Use Permit Certificate or Claim # Pending Water Right Name on Permit Name of Rightholder or Claimant Permits/Certificates Maximum Annual Volume (Qa) Date Submitted Primary or Supplemental Pending Water Rights Maximum Instantaneous Flow Department of Health Table 4, Forecasted Water Right(s) Status Maximum Instantaneous Flow rate (Qi) Maximum Annual Volume (Qa) Maximum Instantaneous Flow rate (Qi) Maximum Annual Volume (Qa) Maximum Instantaneous Flow rate (Qi) Maximum Annual Volume (Qa) Permits/Certificates 1. 857 City of Auburn 1925 Coal Creek Primary 6,730 9,410 3,735 6,025 2,995 3,385 1. 3560-A City of Auburn 1960 Well 1 Primary 2,200 1,120 2,200 1,120 --2. G1-00277C City of Auburn 1972 Well 2 Primary 2,400 3,840 1,600 2,581 800 1,259 3. G1-23629C City of Auburn 1980 Wells 3A & 3B Primary 2,800 3,600 --2,800 3,600 4. G1-20391C City of Auburn 1972 Well 4 Primary 2,800 3,600 2,600 3,600 200 -5. G1-23633P City of Auburn 1980, 1989, 2004Wells 5, 5A, 5B Primary 1,000 720 830 720 170 -6. Supplemental to Wells 1, 2, 3A, 3B and 4 City of Auburn 1995 Well 6 Supplemental --1,800 2,904 (1,800) ( 2,904) 7. Supplemental to Wells 1, 2, 3A, 3B and 4 City of Auburn 1995 Well 7 Supplemental --2,000 3,226 (2,000) ( 3,226) 8. G1-25173C City of Auburn 1988 1988 Braunwood 20 6.5 --20 9. G1-22769C City of Auburn 1976 Algona Well 1 Primary 500 175 --500 175 Claims 1. 2174049364 City of Auburn 1907 West Hill Primary 625 1,010 600 968 25 42 2. TOTAL PRIMARY 19,075 23,482 15,365 17,913 3,710 5,569 TOTAL SUPPLEMENTAL Intertie Name/Identifier 1875 3025 1,875 3,025 --TOTAL G1-28404 City of Auburn 01/05/06 Primary 12500 13433 Note: Total Qa water right for wells 1, 2, 3A, 3B, 4, 6 and 7 is 12,160 ac-ft/yr and Qi is 10,200 gpm. Qi reported in gpm (gallons per minute) Qa reported in acre-feet per year Maximum Instantaneous Flow rate (Qi) Maximum Annual Volume (Qa) Existing Limits on Intertie Water Use Existing Consumption Through Intertie Current Intertie Supply Status (Excess/Deficiency) Maximum Annual Volume (Qa) Maximum Instantaneous Flow rate (Qi) To be determined Permit Certificate or Claim # Name of Rightholder or Claimant Name of Purveyor Providing Water Date Submited Primary or Supplemental Forecasted Water Right Status (Excess/Deficiency -20 Yr. Demand in Water Right) To be determined Priority Date Source Name/Number Primary or Supplemental Existing Water Rights Maximum Instantaneous Flow rate (Qi) Maximum Annual Volume (Qa) Forecasted Water Use from Sources (20 Year Demand) Pending Water Rights Maximum Instantaneous Flow Rate (Qi) Requested Maximum Annual Volume (Qa) Requested Pending Water Right Application Name on Permit Appendix J WATER SHORTAGE EMERGENCY RESPONSE PLAN AUBURN WATER UTILITY WATER SHORTAGE CONTINGENCY PLAN (WSCP) SUPPLEMENT TO THE AUBURN COMPREHENSIVE WATER PLAN July 2009 1 TABLE OF CONTENTS Section 1 3 Introduction 3 Section 2 Phased Curtailment Plan 3 Stage I. Anticipated Water Shortage 4 Stage II. Serious Water Shortage 4 Stage III. Critical Water Shortage 6 Stage IV. Emergency Water Shortage 9 Stage V. Regional Disaster 10 Attachments A. Contact List B. Enforcement Procedural Check List 2 AUBURN WATER UTILITY WATER SHORTAGE CONTINGENCY PLAN SECTION 1 Introduction The City of Auburn adopted Ordinance 5787 on August 4, 2003, enacting Auburn City Code (ACC), Chapter 13.14 titled “Water Shortage Emergency Response Regulations” in response to a water shortage in the Lakeland Hills Water Service Area. ACC 13.14 gives the Mayor the authority to declare various stages of water emergencies and to implement water conservation measures. The objective of this Water Shortage Contingency Plan (WSCP) is to establish actions and procedures for implementing ACC 13.14 during impending or actual water shortages. The plan will help Auburn maintain levels of service essential for public health and safety, minimize adverse impacts on economic activity, and protect our customer’s lifestyle. This plan addresses both progressive situations, such as those that are weather-related, and more drastic and immediate situations such as facility emergencies (e.g., a pipeline break). SECTION 2 Phased Curtailment Plan This plan provides five stages of response. The first three stages are intended for response to seasonal or long-term supply shortages. The fourth stage will be used in response to a sudden loss of distribution capability, such as a pipeline break or well failure. The fifth stage is to be implemented in response to regional emergencies. The five stages include a variety of communications, internal operations, and supply and demand management strategies as appropriate, and are characterized as follows: 􀂾 Stage I. Anticipated Water Shortage. Internal preparations – If a shortage appears imminent, the City will conduct public education regarding the benefits and necessity of water curtailment. 􀂾 Stage II. Serious Water Shortage. Voluntary curtailment – During this stage, the City will recommend specific voluntary curtailment actions for both residential and commercial customers. 􀂾 Stage III. Critical Water Shortage. Limited outdoor restrictions – If the Voluntary Stage does not result in the reduction needed, the City may prohibit or limit certain activities. This stage would be accompanied by an enforcement plan, which could include fines for repeated violation. 􀂾 Stage IV. Emergency Water Shortage. Mandatory outdoor restrictions and indoor curtailment – In the event that immediate curtailment is required to maintain supply for human consumption, medical uses, sanitation and fire protection, the City may prohibit all non-essential uses. 􀂾 Stage V. Regional Disaster. Water rationing – In the event of a regional disaster or water shortage, the City may require rationing water by Auburn’s customers. 3 Stage I. Anticipated Water Shortage. Objectives 􀂾 To prepare the City, relevant agencies and water users for potential water shortage thereby allowing all parties adequate planning and coordination time. 􀂾 To undertake supply management actions that forestall or minimize the need later for more stringent demand or supply management actions. Triggers Declining source levels and/or increased demand, and no indication of trend reversal in the immediate future. Public Message “Potential exists for lower than normal supply; conditions may return to normal or, later on, we may need to reduce consumption. We’ll keep you informed.” Anticipated Water Shortage Stage Actions Coordinate tracking of supply and demand conditions by Auburn staff. Stage II. Serious Water Shortage. Voluntary Stage. Objectives 􀂾 To maintain or reduce demand to meet target consumption levels by customers through voluntary actions. 􀂾 To forestall or minimize need later for more stringent demand or supply management actions. 􀂾 To minimize the disruption to customers’ lives and businesses while meeting target consumption goals. 􀂾 To maintain the highest water quality standards throughout the shortage. Triggers 1. Decreasing static or pumping levels at our sources. 2. Source water levels are significantly below historical “normals” for the current time of year, and historic use patterns indicate that expected demands may not be met if this trend continues or worsens. Public Message “We are relying on the support and cooperation of all water users to stretch the available water supply. Demand needs to be reduced by ___%. Customers are responsible for determining how they will meet that goal. If everyone cooperates, we may avoid imposing more stringent restrictions.” 4 Serious Water Shortage Stage Actions Staff will meet frequently to re-evaluate the situation based on current and projected supply conditions and the season, and determine the appropriate actions and strategies. They will determine target consumption goals to be achieved on a voluntary basis, which may be revised as necessary. Based on the consumption goal, some or all of the following actions will be taken: Communication Actions 􀂾 Staff communicates the nature and scope of voluntary measures and strategy to Mayor, Council and wholesale customers. 􀂾 Evaluate whether targeted consumption levels and supply conditions warrant a rate surcharge to reinforce voluntary actions and/or to recover revenue losses. 􀂾 Prepare appropriate legislation regarding emergency surcharges, if required. 􀂾 Initiate major public information, media and advertising campaign: o Promote consumption goals for typical households, and a percentage reduction goal for commercial customers. o Develop and implement a marketing plan, potentially including paid advertising, to 1) keep customers informed about supply and demand conditions, 2) reinforce desired customer actions; recommend customer actions to reduce demand, and 3) depending on conditions, remind customers that if goals are not achieved, restrictions may be necessary. o Identify what potential next steps will be used to reduce demand including timing, what type of restrictions and/or surcharges will be imposed. o Include water quality information in public information so that if flushing is necessary, the public understands that it is essential for water quality maintenance. 􀂾 Publicize water supply conditions on the City web page, update regularly. Ensure the information provided covers the needs of all key interests: the public, news media and purveyors. 􀂾 Contact largest customers (including wholesale customers) (refer to Attachment A) to request percentage reduction. Contact City employees and other public agencies to inform them of conditions and request their cooperation. 􀂾 Contact nurseries and landscape contractors to inform them of conditions and request their cooperation. 􀂾 Establish regular communication mechanism to keep City employees, especially utility account representatives, up to date on goals, conditions, and actions. 􀂾 Initiate remaining planning and preparation for Stage III. 5 Auburn Internal Operating Actions 􀂾 Intensify data collection actions and monitoring of weather forecasts. 􀂾 Intensify supply side management techniques to optimize existing sources. 􀂾 Asses current water main flushing and reservoir cleaning activities to determine whether they should be accelerated for completion prior to the peak season or postponed to conserve supply. 􀂾 Assess water quality in reservoirs and distribution system to target for correction areas that may be predicted to experience severe degradation with reduced consumption. 􀂾 Increase water quality monitoring actions. 􀂾 Communicate flushing and reservoir cleaning policy to wholesale customers. 􀂾 Review current wholesale customer agreements in regards to curtailment actions. 􀂾 Implement staffing reassignments as needed, and plan staging changes, which may be needed for the Stage III, Including staff to enforce mandatory restrictions. Supply and Demand Management Actions 􀂾 Restrict hydrant meter assembly permits to essential purposes. 􀂾 Activate any existing interties to increase supply availability. 􀂾 Request that Fire Department limit training exercises that use water. 􀂾 Request that City departments eliminate washing fleet vehicles unless recycling car washes are used. 􀂾 Request that City of Auburn spray parks reduce hours of operation. 􀂾 Request that hosing sidewalks, driveways, parking lots, etc. be limited to situations that require it for public health and safety. 􀂾 Have Auburn field personnel “tag” observed obvious water waste such as hoses without shutoff nozzles, irrigation overspray, etc. with notice that informs customer about the supply conditions and need to reduce consumption. 􀂾 Evaluate ability to accelerate or enhance or expand long-term curtailment programs; implement as appropriate. 􀂾 Request that wholesale customers who have alternative sources use them. Stage III. Critical Water Shortage. Limited outdoor restrictions. Objectives 􀂾 To achieve targeted consumption reduction goals by restricting defined water uses. 􀂾 To ensure that adequate water supply will be available during the duration of the situation to protect public health and safety. 􀂾 To minimize the disruption to customers’ lives and businesses while meeting target consumption goals. 􀂾 To maintain the highest water quality standards throughout the shortage. 􀂾 To promote equity among customers by establishing clear restrictions that affect all customers. Triggers The Mayor may approve progression to this stage if goals established in Stage II are not met and additional action is needed. 6 Public Message “It is necessary to impose mandatory restrictions to reduce demand because the voluntary approach has not resulted in the necessary savings. We are continuing to rely on the support and cooperation of the public to comply with these restrictions but need the certainty and predictability of restricting certain water uses in order to ensure that throughout the duration of this shortage an adequate supply of water is maintained for public health and safety.” Critical Water Shortage Stage Actions Communication Actions 􀂾 The Director recommends to the Mayor to move to Stage III and other appropriate actions. 􀂾 The Council adopts legislation on emergency surcharges, if needed. 􀂾 The public is informed about the nature and scope of the mandatory restrictions through a press conference, paid advertising and other means, including direct mail. The enforcement mechanisms, rate surcharges, target consumption goals, projections for how long restrictions will be in place and the reasons for imposing restrictions will also be identified, as will the possible consequences if goals are not met. 􀂾 Any exemptions from restrictions will be clearly identified. 􀂾 In communicating mandatory restrictions to the public, a clear distinction will be made between lawn/turf watering and watering gardens and ornamental plantings. The type and amount of watering allowed will be clearly defined. 􀂾 A “Customer Hotline” will be set up to report violations of restrictions. 􀂾 Customers with private wells that are conducting activities prohibited by the City will be urged to install signs to let the public know that private well water is being used. 􀂾 Communication actions from Stages I and II will be continued and expanded upon as needed. Auburn Internal Operating Actions 􀂾 Continue appropriate actions from Stages I and II. 􀂾 Evaluate options for using seasonal sources of supply. 􀂾 Finalize and implement procedures for exemptions from restrictions and/or emergency surcharges. 􀂾 Finalize and implement enforcement procedures for restrictions including highly visible “Water Watchers.” (See Attachment B) 􀂾 Increase water quality monitoring actions at storage reservoirs. Supply and Demand Management Actions The City will consider current supply and demand conditions before recommending restrictions. The specific restrictions imposed during Stage III would be determined based on the season of the year, targeted demand levels, and other considerations previously mentioned. Variations of the specific restrictions may be applied based on water supply conditions. For example, lawn and landscape irrigation restrictions may simply consist of time of day restrictions; or, if conditions warrant, lawn watering could be restricted to certain times of day and allowed only once a week. If supply conditions continue to deteriorate, lawn and landscape irrigation may be banned. Newly installed lawns may be exempted from this ban if the procedures listed below are followed. The City may also consider temporarily reducing water supply to wholesale customers. 7 POSSIBLE RESTRICTIONS Watering Restrictions The following are several possible approaches to watering restrictions. 􀂾 The nature of the restrictions used will depend on the situation, and may change as severity of the situation changes. 􀂾 Prohibit all watering during the warmest hours of the day, for example between 10:00 a.m. and 7:00 p.m., (see exemption below). 􀂾 Limit all watering to specific number of days per week or per month. 􀂾 This choice will depend on target consumption goals, the time of year and the extent to which watering is occurring, and how much demands have already decreased. Other Restrictions 􀂾 Prohibit use of any ornamental fountain using drinking water for operation or make-up. 􀂾 Close City of Auburn spray park(s). 􀂾 Prohibit car washing except at commercial car wash facilities that recycle water. 􀂾 Rescind hydrant permits. 􀂾 Prohibit washing of sidewalks, streets, decks or driveways except as necessary for public health and safety. 􀂾 Limit washing of buildings to situations situations that require it as part of scheduled building rehabilitation project (e.g., painting or staining). 􀂾 Prohibit water waste including untended hoses without shut-off nozzles, obvious leaks and water running to waste such as gutter flooding and sprinklers/irrigation whose spray pattern unnecessarily and significantly hits impervious areas. Exemptions from Water Use Restrictions Lawn watering ban exemption-The City may exempt newly installed lawns from a watering ban. Those wishing to request this exemption would need to contact the Public Works Director in writing and request a variance. The Public Works Director would consider the size of lawn and type of watering system to quantify the amount of water to be used under this exemption and to spot check for compliance. The procedures relating to the exemption and the requirements of the exemption would be clearly outlined at the time of the ban. The following procedures are subject to change: 􀂾 Each person requesting a variance would be mailed a packet stating the requirements. 􀂾 Once the requirements are met, an authorization packet would be mailed to the customer including a sign to be posted indicating that utility requirements are being complied with. 􀂾 New lawns must be properly installed, meaning that two inches of organic soil amendment, such as composted yard waste, is cultivated into the top six inches of existing soil, at a minimum. 􀂾 New lawns must be watered according to guidelines to be provided in the packet mentioned above. 􀂾 For purposes of this exemption, “new lawn” refers to a lawn newly installed during the current year only. Over seeded or otherwise renovated lawns would not be exempt. 8 􀂾 In the event that the shortage continues to worsen, this exemption would be revoked. It would also be revoked on a case-by-case basis if the rules stated above are not followed, or in the case of a water system emergency. Monitoring and enforcement are at the discretion of the utility. The existence of an exemption to a watering ban would be announced early in the response process, for example, when the Stage II is invoked. Other Exemptions – For purposes of dust control, water may be applied to construction areas or other areas needing to comply with air quality requirements. Ball fields and playfields may be watered at the minimum rate necessary for dust control and safety purposes. The City will exempt customers with special medical needs such as home dialysis from any emergency surcharge provided individual customers notify the utility of such a need. Water Supply Actions If not already implemented, activate interties and any other alternative sources of supply. Stage IV. Emergency Water Shortage. Mandatory outdoor restrictions and indoor curtailment. Objectives 􀂾 To maximize consumption reduction by restricting defined water uses. 􀂾 To ensure that adequate water supply will be available during the duration of the emergency situation to protect public health and safety. 􀂾 To minimize the disruption to customer’s lives and businesses while meeting target consumption goals. 􀂾 To maintain the highest water quality standards throughout the shortage. 􀂾 To promote equity among customers by establishing clear restrictions that affect all customers. Triggers The Mayor may approve implementation of this stage in the event of a sudden disruption within the City’s water system, or to a source of supply, which prevents the City from providing the usual level of service to our customers. Public Message “Due to failure (break) in the water supply system (or source), it is necessary to impose mandatory restrictions to reduce water use. We are requesting the support and cooperation of our customers (within this defined geographic area) to immediately reduce their use of water in order to ensure that, throughout the duration of this emergency, an adequate supply of water is maintained for public health and safety.” Emergency Water Shortage Stage Actions Communication Actions 􀂾 The director recommends to the Mayor to move to Stage IV and other appropriate actions. 􀂾 The public is informed about the nature and scope of the emergency and mandatory restrictions through a press conference, door hangers, paid advertising and other means, including direct mail. 􀂾 Any exemptions from restrictions will be clearly identified. 9 Auburn Internal Operating Actions 􀂾 Assess options for supplying emergency water to affected customers. 􀂾 Monitor water quality as required. Supply and Demand Management Actions The City will consider current supply and demand conditions before recommending restrictions. The specific restrictions imposed during Stage IV would be determined based on water supply conditions and the expected duration of the emergency situation. POSSIBLE RESTRICTIONS Watering Restrictions The following are several possible approaches to water use restrictions. 􀂾 Prohibit all lawn watering and other outdoor water uses. 􀂾 Promote indoor curtailment. Other Restrictions 􀂾 Prohibit hydrant permit withdrawals from within the affected water service area. Exemptions from Water Use Restrictions The Public Works Director will exempt customers with special medical needs such as home dialysis from any emergency surcharge provided individual customers notify the utility of such a need. Water Supply Actions If not already implemented, activate interties and any other alternative sources of supply. Stage V. Regional Disaster. Water rationing. Introduction Although many of the demand reduction measures employed would be similar to those used during a progressive, weather-related shortage, short term emergencies are unique because of a lack of preparation time and the urgency of immediate, large-scale demand reductions. Each emergency scenario is different, but most of them require major curtailment actions by customers. Also, unlike drought, some emergencies would be localized, requiring demand reduction for only a limited geographic area. There are several criteria by which to decide which demand management measures are appropriate to initially reduce demand during an emergency: 􀂾 Timing: can the measure(s) or action(s) deliver the necessary water savings in the necessary timeframe, i.e., are immediate savings needed or can the system support a gradual reduction in demand. 􀂾 Magnitude of savings: will the measure produce enough savings to to make a meaningful difference i.e., reduce demand to the level the impaired water system can handle. 􀂾 Season: does the action make any impact at the time of year that the emergency occurs, i.e., banning lawn watering will have little impact in November. 􀂾 Costs: How severe are the cost implications of the measure to the customer, including local business and industry. 10 Supply and Demand Management During Emergencies No single strategy can be created which will meet the needs of the department for all emergency scenarios. The criteria listed above create a framework for decision making. Emergencies initially require quick and immediate response. Once an assessment is made as to how long it will take to restore the system, the immediate response strategy may change if it appears that the repair process will be lengthy. The strategy for most emergencies can be narrowed to measures having the most immediate impact on water supply and consumption. All needed and available back up supplies would be activated during an emergency: interties, well-fields, off-loading wholesale customers who have other sources, etc. 11 Attachment A Auburn Water Shortage Contingency Plan CONTACT LIST A working list of contacts for easy reference in case of a drought or emergency should be developed and regularly updated by the Water Utility Engineer in consultation with others in the Department. In addition to the communication elements contained in the WSCP, the following will be contacted directly in the event of a drought or emergency to inform them and ask for their support and cooperation in reducing demand. Customers List of large irrigators, including those using alternate sources. List of large commercial and industrial customers. City of Auburn Contacts Department Directors Other public agencies with high visibility water use Business Groups 12 Attachment B Auburn Water Shortage Contingency Plan Enforcement Procedural Check List MANDATORY RESTRICTIONS 􀀹 Determine number of warnings before surcharges applied 􀀹 Self-duplicating “Notice of Violation” forms printed; one to record violation with billing 􀀹 Staff with customer service and communication experience assigned to “Water Watch” 􀀹 Establish procedure for “Water Watchers” to record warnings and penalties on customer accounts 􀀹 Establish “hotline” for customers to report violations 􀀹 Vehicles for “Water Watch” made available; vehicles that are signed as “Water Watchers” will increase visibility and effectiveness of enforcement 􀀹 High priority routes established, e.g. areas with large lawns 􀀹 All field and customer service staff provided “fact sheets”, Question and Answer sheets; briefed on restrictions, enforcement procedures; field staff trained on tagging obvious violations 13 Appendix K WELLHEAD PROTECTION REPORT 3011 South Huson Street, Suite A ■ Tacoma, Washington 98409 ■ (253) 475-7711 Fax: (253) 472-5846 e-mail: mail@robinson-noble.com WELLHEAD PROTECTION UPDATE CITY OF AUBURN SEPTEMBER 2008 by DRAFT DRAFT ____________________________ ____________________________ Burt G. Clothier. L.HG., R.G. Jeremy J. Bush Principal Hydrogeologist Project Hydrogeologist DRAFT Robinson, Noble & Saltbush, Inc. 1051-005A Page i WELLHEAD PROTECTION UPDATE CITY OF AUBURN SEPTEMBER 2008 TABLE OF CONTENTS Executive Summary................................................... ...................................................... iii EXISTING AND POTENTIAL CONTAMINATION HAZARD IDENTIFICATION..................................III PROTECTION STRATEGIES AND IMPLEMENTATION TASKS.......................................................III Introduction .................................................................................................................... 1 Scope of City Wellhead Protection Plan .......................................................................... 1 WHPA Delineation ................................................................ .......................................... 2 Hazard Inventory and Risk Assessment............................................................................ 2 Contaminant Source Inventory Methodology .................................................................. 2 FIELD SURVEY.......................................................................................................... .... 5 METHODOLOGY FOR ESTABLISHING RISK PRIORITY ........................................................... 5 LAND USE .............................................................................. .................................... 7 RESIDENTIAL LAND USE ................................................................................................ 7 COMMERCIAL AND INDUSTRIAL LAND USE....................................................................... 7 Undeveloped Areas.................................................................................................... ...... 8 Identified Potential and Confirmed Contaminant Sources................................................ 8 Potential Groundwater Concerns ...................................................... .............................. 9 Management Strategies and Implementation Tasks ........................................................ 10 Wellhead Protection Management Strategies.................. ............................................... 10 LONG-TERM MANAGEMENT AND COOPERATION............................................................ 10 WHP LAND USE STRATEGIES......................... .............................................................. 10 WHP REGULATORY STRATEGIES................................................................................... 11 PLANNING STRATEGIES................................................................................................ 11 DATA MANAGEMENT STRATEGIES ..................................................... ............................ 12 EDUCATION STRATEGIES.............................................................................................. 13 Wellhead Protection Implementation Tasks................................................................... 13 References ................................................................................................................ ..... 16 TABLES 1. POTENTIAL CONTAMINANT SOURCES LISTED BY TYPE 2. OVERALL RISK PRIORITIZATION 3. DECISION LEVEL I: PROXIMITY TO SOURCE 4. DECISION LEVEL II: TYPE OF CONTAMINATION 5. REPORTED POTENTIAL AND CONFIRMED CONTAMINATION SITES FIGURES 1. WELL LOCATION AND STUDY AREA MAP 2. WELLHEAD PROTECTION AREA BOUNDARIES 3. UNSEWERED AREAS WITHIN THE WELLHEAD PROTECTION AREA BOUNDARIES DRAFT Robinson, Noble & Saltbush, Inc. 1051-005A Page ii 4. LAND USE MAP PLATES 1-7. HAZARD INVENTORY SITE LOCATIONS SEPARATED BY LISTING TYPE APPENDIX A. PI REPORT SEARCH MAPS B. HAZARD INVENTORY LIST BY RANKING ORDER C. HAZARD INVENTORY LIST BY PLATE NUMBER ATTACHMENT COMPLETE PI REPORT (ON CD) DRAFT Robinson, Noble & Saltbush, Inc. 1051-005A Page iii WELLHEAD PROTECTION UPDATE CITY OF AUBURN SEPTEMBER 2008 Executive Summary A wellhead protection area (WHPA) is a representation of where the water produced by a given well comes from. It is based upon capture zones, which describe the area of an aquifer (and all overlying material) that can contribute water to the well in a given period of time. Capture zones are typically defined for time-of-travel periods of one-half, one, five, and ten years. Pacific Groundwater Group (PGG) initially delineated the City of Auburn wellhead protection areas in 1997 by using a two-dimensional analytical model. In 2000, PGG delineated capture zones for the City of Auburn utilizing MODPATH Version 2, a three-dimensional particle-tracking program that utilizes steady-state head distribution to calculate time related capture zones. Numerical models are typically highly detailed, three-dimensional representations of water flow through identified hydrogeologic layers, and and are considered the most accurate approach for delineating wellhead protection areas by the Washington State Department of Health. Robinson, Noble, & Saltbush Inc. used the modeled capture zones to perform a hazard assessment within the wellhead protection area. We then provided the City with Implementation Tasks and Strategies to help effectively implement this plan. Existing and Potential Contamination Hazard Identification The inventory of potential contamination sources within the WHPA was performed according to the Washington State Department of Health publication: “Inventory of Potential Contaminant Sources in Washington’s Wellhead Protection Areas (1993).” Parcel Insight (PI), an environmental database research company, reviewed 27 federal and state databases for any known or potential contaminant sites within a 4.5-mile radius of the center of the City of Auburn’s service area. The sites in this radial search were narrowed further by their location in relation to WHPAs. An evaluation of various land-use categories and activities was also performed. The results of the contamination source inventory include a list of potential and known environmental hazards in proximity to the Auburn water system. From this process, 352 sites or categories of land-use activities were identified as known or potential hazards to the City’s wells. These were prioritized and ranked such that the Wellhead Protection implementation process can address each site or land use in a systematic manner. Each site was ranked according to four factors which include proximity of potential hazard to the WHPA; type of contamination; straight-line distance from the wells to the potential hazard; and type of contaminated media, whether potential or actual. Protection Strategies and Implementation Tasks The completion of wellhead protection planning provides no safeguards unless effective management strategies are implemented to prevent potential contamination of groundwater sources. With the hazards identified, the Wellhead Protection Plan provides for six strategic strategies and 26 specific tasks for the City to undertake to complete the process. Also included is a detailed review of the State spill response plan and a contingency plan to address the possible loss of one or more water sources. DRAFT Robinson, Noble & Saltbush, Inc. 1051-005A Page 1 Introduction In response to the 1986 Amendments to Section 1428 of the Federal Safe Drinking Water Act, the Washington Administrative Code (WAC) was modified in July 1994 to include mandatory wellhead protection measures1 for Group A public water systems (WAC 246-290). The overall goal of the state wellhead protection program is to prevent the contamination of ground waters used by Group A public water systems. This is to be accomplished by the definition of management zones around public wells, detection of any existing groundwater contamination sources, and through the management of potential sources of groundwater contamination prior to their entry into the drinking water system. The state requires that a Wellhead Protection Plan (WHPP) shall, at a minimum, include the following aspects: · A completed susceptibility assessment · A delineated wellhead protection area · An inventory of potential contamination threats · Distribution of findings to required entities · Contingency plans for alternative sources of drinking water · Appropriate spill/incident response measures Under the WAC, local public water systems have primary responsibility for developing and implementing local wellhead protection programs. Due to the limited jurisdictional and regulatory authority afforded most purveyors, it is essential that they work with other local, state, and federal agencies possessing the appropriate authority. The State Department of Health (Health) oversees the wellhead protection program. Scope of City Wellhead Protection Plan The City of Auburn is located in the Kent Valley, south of the City of Seattle, Washington. Figure 1 shows the location of the City’s wells and the approximate study area. The majority of the City is located in the valley, separated from the City of Kent to the north by the Green River. To the west is the Federal Way upland and to the east are the outlets of the Green and White Rivers into the Kent Valley. The City of Pacific resides to the south of the City, with the White River just beyond it. Auburn’s last census in 2004 stated that the population was 48,850 residents. The City is solely dependent on groundwater sources to serve its needs. The City of Auburn’s Public Works Department is responsible for the maintenance of the City’s water and sewer utilities, along with many other important parts of the City’s infrastructure. Approximately 64,000 retail customers are served through 12,947 connections. Twelve production wells and two spring collection facilities are currently used to supply the City’s needs. At the present time and into the near future, the use of ground water constitutes the City’s primary and most economical guaranteed source of water. This wellhead protection plan focuses on three primary areas: The review of previous characterizations for the City of Auburn’s water sources, An inventory of potentially hazardous materials inside all of the delineated WHPAs for the City, and The development of management, spill response, and contingency plans. 1 The legislative authority to require wellhead protection planning can be found in the Revised Code of Washington (RCW) Chapters 43.20.050, 70.119A.060, and 70.119A.080. DRAFT Robinson, Noble & Saltbush, Inc. 1051-005A Page 2 WHPA Delineation Travel-time boundaries can be determined with technical or non-technical methods, although technical methods are preferred so that the WHPP better protects the actual capture zones of protected wells. The Washington State Department of Ecology has identified four methods which are acceptable for the delineation of travel-time boundaries. They are, from generally least to generally most accurate: the calculated fixed radius method, analytical modeling, hydrogeologic mapping, and numerical modeling. The particular method employed (and the accuracy of that method) depends largely on the availability of hydrogeologic data. Numerical modeling, for example, can be highly accurate, but requires the collection of a relatively large amount of data. For areas with typical data availability, time-travel boundaries are commonly delineated using a combination of analytical modeling and hydrogeologic mapping, which provides a reasonably technical level of delineation. For this project, the City of Auburn elected to use a numerical model of capture zones for WHPA characterization of their wells. Pacific Groundwater Group (PGG) initially delineated the City of Auburn wellhead protection areas in 1997 by using a two-dimensional analytical model. In 2000, PGG delineated capture zones for the City of Auburn utilizing MODPATH Version 2, a threedimensional particle-tracking program that utilizes steady-state head distribution to calculate time related capture zones. Numerical models are typically highly detailed, three-dimensional representations of water flow through identified hydrogeologic layers, and are considered the most accurate approach for delineating wellhead protection areas. These WHPAs can be found on Figure 2. Hazard Inventory and Risk Assessment The inventory of potential contaminant sources within the wellhead protection area (WHPA) was performed according to the December 1993 Washington Department of Health guidance document entitled “Inventory of Potential Contaminant Sources in Washington’s Wellhead Protection Areas.” This section summarizes the basic steps for conducting an inventory, including: · Review and identification of potential and known contaminant sources · Data management · Prioritizing risks to the WHPA A summary of potential contaminant sources presented in the DOH document is reproduced in Table 1. These sources were considered when performing the contaminant inventory for the Auburn WHPA. The inventory was completed for the area surrounding Auburn, its 12 watersupply wells, and two water-supply springs. Contaminant Source Inventory Methodology Parcel Insight, Inc. (PI), an environmental database research company, reviewed federal and state environmental databases for any known or potential contaminant sites within a designated area surrounding delineated wellhead protection areas for the City of Auburn. The area researched can be found in the PI report presented in Appendix A as well as the Hazard Inventory Maps (Plates 1-7). This report searched government databases in a radius from a fixed point within the City of Auburn’s service area. However, the list of sites generated by the PI report was too large to be easily managed. Therefore, sites were removed from the list if they were not within a reasonable buffer or capture zone of any of the wells. The Hazard Inventory List can be found in Appendix B. DRAFT Robinson, Noble & Saltbush, Inc. 1051-005A Page 3 The following Washington State Department of Ecology and EPA databases were reviewed in order to locate sites of known or potential soil and groundwater contamination: · Brownfields Grant Sites (BROWNFIELDS) · Comprehensive Environmental Response, Compensation, and Liability Information System-(CERCLIS) o -No Further Remedial Action Planned (CERCLIS NFRAP) · Confirmed and Suspected Contaminated Sites List-(CSCSL) o -No Further Action (CSCSL NFA) o -Hazardous Sites List (CSCSL HSL) · Ecology Digest 26 (Catalog of Formal Oversight Decision Documents, Orders and Decrees) · Emergency Response Notification Systems (ERNS) · Hazardous Materials Information Reporting System (HMIRS) · Institutional and Engineering Controls (INS ENG CONTROLS) · King County Abandoned Landfills (SWLF KING) · Leaking Underground Storage Tanks (LUST) · National Priority List (NPL) · Resource Conservation and Recovery Act-(RCRA) o -Conditionally Exempt Small Quantity Generator (CESQG) o -Corrective Action Report (CORRACTS) o -Large Quantity Generator (LQG) o -No Designation (ND) o -Non Corracts TSD (TSD) o -Small Quantity Generator (SQG) · Seattle Abandoned Landfills (SWLF SEA) · Solid Waste Facility Database (SWLF STATE) · Toxic Chemical Release Inventory (TRIS) · Tribal Leaking Underground Storage Tanks Active (LUST ACTIVE TRIBAL) · Tribal Leaking Underground Storage Tanks Inactive (LUST INACTIVE TRIBAL) · Underground Storage Tanks (UST) · Washington Unauthorized Tire Piles DRAFT Robinson, Noble & Saltbush, Inc. 1051-005A Page 4 Table 1: Potential Contaminant Sources Listed by Type Category I Sources Designed to Discharge Substances Subsurface Percolation (e.g. septic tanks and cesspools) Injection Wells Hazardous waste Non-hazardous waste (e.g. brine disposal and drainage) Non-waste (e.g. enhanced recovery, artificial recharge solution mining, and in situ mining) Land Application Wastewater (e.g. spray irrigation) Wastewater by-products (e.g. sludge) Hazardous waster Non-hazardous waste Category II Sources Designed to Store, Treat, and/or Dispose of Substances; Discharge through Unplanned Release Landfills Industrial hazardous waste Industrial non-hazardous waste Municipal sanitary Open Dumps, Including Illegal Dumping (Waste) Residential (or Local) Disposal (Waste) Surface Impoundments Hazardous waste Non-hazardous waste Waste Tailings Waste Piles Hazardous waste Non-hazardous waste Materials Stockpiles (Non-waste) Graveyards Animal Burial Above-ground Storage Tanks Hazardous waste Non-hazardous waste Non-waste Underground Storage Tanks Hazardous waste Non-hazardous waste Non-waste Containers Hazardous waste Non-hazardous waste Non-waste Open Burning Sites Detonation Sites Radioactive Disposal Sites Category III Sources Designed to Retain Substances during Transport or Transmission Pipelines Hazardous waste Non-hazardous waste Non-waste Materials Transport and Transfer Operations Hazardous waste Non-hazardous waste Non-waste Category IV Sources Discharging Substances as a Consequence of Other Planned Activities Irrigation Practices (e.g. return flow) Pesticide Applications Fertilizer Applications Animal Feeding Operations De-Icing Salt Applications Urban Runoff Percolation of Atmospheric Pollutants Mining and Mine Drainage Surface mine-related Underground mine-related Category V Sources Providing Conduit or Inducing Discharge through Altered Flow Patterns Production Wells Oil (and gas) wells Geothermal and heat recovery wells Water supply wells Other Wells (non-waste) Monitoring wells Exploration wells Construction Excavation Category VI Naturally Occurring Sources whose Discharge is Created and/or Exacerbated by Human Activity Ground Water -Surface Water Interactions Natural Leaching Saltwater Intrusion/Brackish Water Upconing (or intrusion of other poor-quality natural water) DRAFT Robinson, Noble & Saltbush, Inc. 1051-005A Page 5 Field Survey A field verification or “windshield survey” was performed by City of Auburn staff based on guidance provided by Robinson, Noble & Saltbush, Inc (RNS). The sites provided by the PI report were organized and plotted onto maps by their respective database listing. A windshield survey checklist was also designed based on the Washington State Department of Health publication, “Wellhead Protection Program Guidance Document — Sample Inventory Form.” Once the survey checklist, PI database list, and map of database sites were produced, they were given to the City to allow field staff to confirm the presence/condition of the sites. Furthermore, the City’s staff was instructed to search for additional sites not identified in the PI database search. City staff also provided a map of unsewered areas within the WHPA zones. These areas are mapped on Figure 3. Methodology for Establishing Risk Priority The methodology for prioritizing risks in the City’s WHPA was partially based on the EPA Guidance document entitled, “Managing Ground Water Contamination Sources in Wellhead Protection Areas: a Priority Setting Approach” (1991). The ranking effort was also based on the level of confidence in data and information that is currently available for known and potential contamination sites. Each site was ranked according to four decision levels. The decision levels are listed below in Table 2 (Level I represents the highest hazard risk criteria, Level IV is the lowest). Table 2: Overall Risk Prioritization Decision Level Available Data and Information I II III IV Proximity of potential hazard to the WHPA Type of contamination per Ecology database Straight-line distance from the wells to the potential hazard Type of contaminated media Each known or potential hazard was first scored and then ranked using decision level one. Sites with equal level one rankings were then further scored and ranked using decision level two. If sites were still equal in priority, they were further sub-prioritized under decision level three, etc. Once sites were differentiated in priority, no further ranking was necessary. The criteria for scoring sites within each level are discussed below. Decision Level I —Proximity to WHPA For the first decision level, the sub-prioritization of contaminated sites was based on their location in the WHP zones; the shorter the travel time to a groundwater source, the higher the priority. Typically there are only five zones ranked within a Wellhead Protection Plan, however, previous studies for the City of Auburn have identified a large area within the Kent Valley where the confining layer above the aquifer is not present. This may reduce the vertical travel time of material to the aquifer, therefore reducing the travel time to nearby wells. Sites within this zone are considered a higher risk to the City’s wells, and are therefore ranked between the 6-month and 1-year time of travel zones. Scores for each site and hazard category are summarized on Table 3. DRAFT Robinson, Noble & Saltbush, Inc. 1051-005A Page 6 Table 3: Decision Level I: Proximity to Source Sub-Priority Score Proximity to Source 1 1.5 2 3 4 5 ½-year time-of-travel from the source, Zone 1 Zone 1A, an area with no confining layer above the aquifer 1-year time-of-travel from the source, Zone 2 5-year time-of-travel from the source, Zone 3 10-year time-of-travel from the source, Zone 4 Outside of Zone 4, but within the WHPA Buffer Zone Decision Level II —Type of Contamination For the second decision level, the sites were ranked as either known contamination or potential contamination sites. Known contamination sites were defined as those with known releases of contaminants according to the environmental database survey results. Potential contamination sites are sites or land areas that are used in ways that could pose a risk to the ground water. This category’s scoring is summarized on Table 4. Table 4: Decision Level II: Type of Contamination Sub-Priority Score Known or Suspected Contamination Type of Contaminated Site Assumption 1 Known Confirmed and Suspected Contaminated Sites (CSCSL) and Comprehensive Environmental Response, Compensation, and Liability Information (CERCLIS) As a worst case scenario, contamination is assumed to be comprised of the most toxic chemical identified for the site, based on information contained in the Ecology and EPA databases. 2 Known Leaking Underground Storage Tanks (LUST) All contamination sites assumed to contain petroleum products. 3 Known Washington Independent Cleanup Report (WA ICR) Since not confirmed as totally cleaned, assumes cleanup not 100% effective. 4 Potential Septic Systems Nitrates and bacterial contamination are assumed to be health risks, along with potential chemical hazards, but it is not known what the likelihood is for sites to contaminate the wells. 5 Potential Resource Conservation and Recovery Act Sites (RCRA) It is assumed that hazardous chemicals may be stored on site, but contamination has not necessarily occurred. FINDS sites are included with this category. 6 Potential Underground Storage Tanks (UST) It is assumed that petroleum products are stored in underground storage tanks on site, but contamination is not imminent. 7 Potential Accidental Spills This category includes highways and railroad tracks that pass through the WHPA. The risk is based on the possibility of hazardous material spill (e.g., gasoline). 8 Potential Pesticide Application Pesticide use appears to be concentrated along transportation corridors and power lines. 9 Potential Storm Water This category includes the potential release of lead, petroleum products, and/or solvents. 10 Potential Fertilized Sites This category is predominantly represented by fertilized lawns and hobby farms. DRAFT Robinson, Noble & Saltbush, Inc. 1051-005A Page 7 Decision Level III — Straight—line Distance from Wells For potentially hazardous sites with similar characteristics for prioritization decision levels I and II, the straight-line distance from the site to the closest City well was used to further rank the sites. Those sites closest to the wells were given a higher priority. Decision Level IV—Type of Contaminated Media If sites were found at the same distance from the wellhead, the type of contaminated media was then taken into account. Sites that appeared to represent a greater risk to the wells were ranked higher. Land Use Land use/zoning within the study area includes: single-family residential, moderate-family residential, high-density residential, office residential, neighborhood commercial, light commercial, heavy commercial, downtown, light industrial, heavy industrial, public and quasipublic, and open space (See Figure 4). Since most of these zones share many features and types of uses, many of the potential contaminants will likewise be similar. The large majority will fall into one of the two categories listed below. Residential Land Use Most of the residential land use is found throughout the City, with the exception of the Highway 167 and Highway 18 corridors, which are mostly commercial and industrial. The majority of residential land use within the City is categorized as single-family. Potential contaminant sources related to low-to-medium density residential land use include: nitrate loading from and disposal of chemicals through septic systems (in areas without sewers), small livestock operations, fertilizer and pesticide applications, and leaking sewer mains. Commercial and Industrial Land Use A large portion of the commercial and industrial land use is found along the major transportation corridors in the valley, in addition to the downtown area of Auburn. The most likely contaminants related to either commercial or industrial land use include, but are not limited to, petroleum hydrocarbons and metals. These potential contaminants are generally due to the presence, historical or current, of heating oil and petroleum based fuel in underground storage tanks (USTs). Additional potential contaminants could also be associated with the presence of auto, aviation, and rail facilities in this area. Petroleum hydrocarbons can become a serious concern for wellhead protection in commercial and industrial areas. There are numerous potential sources for petroleum hydrocarbons within the WHPA. These include gasoline stations, industrial and commercial operations that fuel and maintain equipment and vehicles, home/commercial heating oil tanks, and bulk transport of such fuels. Petroleum hydrocarbons are typically stored in USTs in volumes ranging from hundreds of gallons (residential use) to thousands of gallons per tank (gasoline service stations). Large spills involving petroleum hydrocarbons are a greater risk than small spills (leaks, etc.). The location of Highway 18 within Zone 1A, in addition to the the 5-and 10-year time of travel zones, represents a high risk if a large-scale spill were to occur there. Groundwater contamination from metals is a potential threat at commercial and industrial sites that handle or use materials with significant metallic constituents (paints, waste oil, etc.) and historical pesticide use areas (historical pesticides were typically metal-based compounds). DRAFT Robinson, Noble & Saltbush, Inc. 1051-005A Page 8 Major highways and City arterials represent a potential hazard due to the transportation of hazardous materials (e.g. petroleum products). Figure 4 identifies the two major highways (Highway 167 and Highway 18) as transportation corridors of concern. Also major City arterials should be considered a similar potential hazard. Of additional concern are the portions of the WHPAs that are not sewered and thus use septic systems for waste disposal. Septic systems are considered to be a potential hazard because they deliver bacteria, nitrate-rich water, and other contaminants (if disposed of improperly into a drain or toilet) directly into the subsurface. This is a particular concern for unsewered industrial and commercial areas where there is the potential for the use (and improper disposal) of numerous hazardous chemicals. Undeveloped Areas All of the identified WHPAs are within zoned areas but not all land is developed. Undeveloped areas in the WHPA are expected to have the lowest potential for contamination due to the nature and low impact of activities occurring there. Exceptions to this low-potential condition are sand and gravel pits located throughout the area. Two large pits are located within the 6-month time of travel zone and Zone 1A. Openwork mining of sand and gravel deposits allows a direct route for potential contaminants to enter the groundwater system. While it is assumed that the pit operates under best-management practices and conforms to all appropriate state regulations, the lack of vegetated cover and continued disturbance of the pit when in operation makes it a potential site for contamination. Contaminates of particular concern associated with sand and gravel pits are petroleum based fuels and hydraulic fluid. Identified Potential and Confirmed Contaminant Sources In the federal and state databases reviewed by PI, 352 sites within the WHPP study area were identified as either potential hazards (214) or sites where actual contamination has occurred (113). The hazard sites are mapped on Plates 1-7, and are separated by listing type due to the large number of sites throughout the City. Furthermore, 25 additional potential contaminant sources were identified during this study. These included land use throughout the WHPAs, stormwater and corrosion control facilities, various utilities, and transportation corridors. These sites are listed on Figures 3 and 4, which shows land use and additional hazard sites throughout the WHPAs. Table 5 lists all of the Reported Potential and Confirmed Contamination Sites within the 6-month time of travel zone. The complete hazard inventory list can also be found in Appendix B. Table 5: Reported Potential and Confirmed Contamination Sites Hazard Ranking Overall Ranking Map Reference No. Land Use/Site Description Source List I II III IV Plate or Figure 1 196 CHURCH OF JESUS CHRIST LDS CSCSL 1 1 Plate 2 2 539 Unsewered Areas 1 4 0 Figure 3 3 536 Fulmer Field Corrosion Control Facility 1 4 150 Figure 4 4 197 B & G CLEANERS RCRA CESQG 1 5 Plate 6 DRAFT Robinson, Noble & Saltbush, Inc. 1051-005A Page 9 5 540 Light Commercial 1 7 0 Figure 4 6 541 Transportation Corridors 1 7 10 Figure 4 7 542 Gravel Quarries and Mines 1 7 100 Figure 4 8 543 Heavy Commercial 1 7 550 Figure 4 9 544 Downtown 1 7 700 Figure 4 10 545 Public and Quasi-public 1 8 0 Figure 4 11 546 Rural 1 8 800 Figure 4 12 547 Stormwater 1 9 Figure 3 13 548 Sewer Mains 1 10 1 Figure 3 14 549 Single-Family Residential 1 10 50 Figure 4 15 550 High-Density Residential 1 10 100 Figure 4 16 551 Moderate-Density Residential 1 10 101 Figure 4 17 552 Office Residential 1 10 102 Figure 4 18 553 Neighborhood Commercial 1 10 103 Figure 4 * Sites in ALL CAPS are listings from the PI report. Potential Groundwater Concerns For wellhead protection planning, it is important to understand the potential sources and types of contamination that threaten the City’s WHPAs. It is also important to understand the potential pathways for contaminant migration since these contaminant pathways can increase the vulnerability of an aquifer by decreasing travel time from a contamination source to a wellhead. The following section will briefly summarize the main mechanisms for transport of contaminants to the subsurface. Discharge onto the ground surface: Direct discharge to the ground surface occurs when a material encounters bare soil. With the help of rainfall infiltration, the materials percolate into the subsurface and, if a sufficient volume of material is released, they eventually reach the water table and migrate downgradient within the shallow aquifer. In large enough quantities, spills can impact the deeper aquifers where the City water supply wells are completed. Direct discharge to the subsurface: Discharge to the subsurface occurs from septic systems and dry wells. Discharge into the subsurface can be a direct mechanism for entry into aquifer systems. The contaminant has a shorter vertical travel distance (some times none) to reach aquifer systems. Once in the aquifer, the contaminants can disperse throughout the the aquifer horizontally and negatively impact water quality. Abandoned wells: Old, improperly constructed, or improperly abandoned wells2 can act as direct conduits for contaminant transport to the aquifer. In such wells, transport can occur between the ground surface and aquifer zones because of a lack of a well seal or inadequately constructed seal. Stormwater runoff: Rainfall onto the ground either induces infiltration into the subsurface or runoff. The quality of the water which infiltrates or runs off is dependent on the type of land use and the potential presence of contaminants which may be located on the ground surface. Stormwater infiltration issues are similar to those of discharge to the ground surface. Stormwater runoff is considered differently because it runs over the surface of the ground, picking up and dissolving potential contaminants, and may eventually discharge these contaminants to ground water via 2 Washington State has standards for construction and abandonment of wells, WAC 173-160. DRAFT Robinson, Noble & Saltbush, Inc. 1051-005A Page 10 infiltration from ditches or ponds designed to percolate water into the sub-surface or into surfacewater bodies nearby. The potential concerns due to water infiltration or runoff are diverse and reflect the land use activities in the area of interest. Paved roadways, parking areas, and residential developments can contribute heavy metals and petroleum hydrocarbons which originate primarily from vehiclerelated emissions. Industrial and commercial operations commonly process and release a variety of organic pollutants (e.g., solvents, paints, and dry cleaning solutions) as well at petroleum products which are potential hazards to WHPAs. Management Strategies and Implementation Tasks The completion of wellhead protection planning provides no safeguards unless effective management strategies are implemented to prevent potential contamination of groundwater sources. The City of Auburn does not own or control all of the land within its WHPA. Maximum effectiveness can be achieved in implementing the WHPP through a cooperative effort between the City, neighboring purveyors, and the state and local agencies, which regulate potentially harmful activities within a WHPA. A key component to its management of the area will be the notification of the existence and extent of the management area to the proper agencies in King County, neighboring communities, and to local residents. Wellhead Protection Management Strategies The following sections detail proposed strategies developed to protect the integrity of the City’s water sources. Long-Term Management and Cooperation This WHP program is designed to be a continuing management activity to meet the City’s future planning needs or to adapt to changes in the City’s use of the aquifer system. As such, the management strategies and practices outlined within this study provide a general direction, but will periodically need to be refined to fit specific conditions. Additional adaptations may be needed to address future activities and regulations, or changes in current regulations that may affect the WHPA. Land Management Activities: The City should encourage owners or agencies responsible for large land parcels and developments to use and monitor best management practices (BMP) for control, reduction, and restriction of potential contaminants into the WHPA. WHP Land Use Strategies The City of Auburn has no authority to directly control land use for those areas of the WHPA that are outside the city limits. Therefore, the City must develop a cooperative relationship with those state and local agencies that administer land use programs. At the present time, the best strategy for the City is to seek special designations for the WHPA from pertinent agencies. The City should evaluate and seek the different designations that may be most beneficial. Possible Special Protection Area Designations: · A Special Protection Area designation under the state ground water quality standards (WAC-173-200), DRAFT Robinson, Noble & Saltbush, Inc. 1051-005A Page 11 · A Special Use Area by the Department of Agriculture, · An Environmentally Sensitive Area under various County-level programs WHP Regulatory Strategies This WHPP is designed to use the existing statutory rules and regulations to protect groundwater quality. The City, in coordination with state and local agencies having statutory authority in the area, would monitor regulated activities within the WHPA. The following regulatory strategies are recommended. Well Drilling Inspections inside the WHPA: The City should support the delegation by Ecology of well construction inspection authority to the King and Pierce County Health Departments. Regardless of the responsible agency, the City should encourage more frequent well construction inspection than currently occurs. Washington State Environmental Policy Act (SEPA)/Hydrogeologic Evaluations: The City should request the King County Department of Assessments (Department of Assessments?, should this be King King County Department of Development and Environmental Services and Pierce County Planning and Land Services) to require hydrogeologic evaluations that specifically address impacts to groundwater quality and quantity parameters for any development within the WHPA which requires SEPA action or seeks Determination of Non-Significance (DNS) designation. Additionally, the City should enter into a Memorandum of Understanding (MOU) with PALS seeking City comment on the effects such development will have on the groundwater system. Designation of the area as a Special Protection Area will be the first step toward gaining such an agreement. Septic Tanks: The City should request King County and Pierce County to require that as-builts, drafted by a septic design professional, of new septic systems be recorded with property deeds. Additionally, the City should support the implementation of laws and regulations requiring proper inspection and maintenance of septic systems. The City currently has an active sewer system throughout the majority of the City, however, septic systems still exist in many areas. In areas that are sewered, septic tanks are not allowed for new construction, as everything must be connected to the sewer. Planning Strategies A substantial degree of future protection for the WHPA will be achieved through present-day planning and coordination. In order to accomplish the required level of future protection, the following strategies are recommended. Sewers: The City, in coordination with the managers of local sewer systems, should develop emergency plans to be implemented in the advent of sewage leaks or spills. The City could encourage the County to require all industrial and commercial facilities within the WHPA to connect to sanitary sewers, if such services are reasonably available. Storm Water Management: The City should conduct or promote research on the impact of storm water discharge on water quantity and quality. Additionally, the City, in coordination with the responsible agencies, should evaluate the adequacy of stormwater facilities, including proper routing, retention, and detention. A balance must be found that allows optimum recharge of storm water to groundwater systems while adequately protecting the water quality of the aquifers. DRAFT Robinson, Noble & Saltbush, Inc. 1051-005A Page 12 Emergency Response for Transportation Corridors: The City should notify the appropriate emergency response organizations of the location of the WHPA and establish formal communication protocols with the first-response emergency units. This should be especially focused along major transportation corridors within the 6-month and 1-year time of travel zones, and Zone 1A. Petroleum Pipelines: The City should document the location and use of petroleum pipelines and establish emergency response plans for pipeline failure. These efforts should be coordinated with the pipeline companies and the federal, state, and county agencies responsible for emergency, petroleum-product spill response. Hazardous Material Transport: The City should investigate the feasibility of re-routing the transport of hazardous materials away from the WHPA one-year time of travel zone and Zone 1A. This option may necessarily have to exclude Highway 18 and SR 164 (Auburn Way South), since they represent major regional transportation routes. While Highway 18 does not travel directly through the 6-month or 1-year time of travel zones, it does pass through Zone 1A, an area with no confining layer above the main aquifer utilized by the City. A stronger emphasis on emergency response for this area could be an alternative to the rerouting of hazardous material transportation. Data Management Strategies One of the principal goals of the WHPP is the development of a data collection network and analysis plan capable of providing the City with advance warning of contamination to the City's water supply. The following data management strategies seek to establish and maintain scientific data upon which future WHPP actions can be based. Groundwater Monitoring Plan The City should actively participate in the collection and analysis of regional and local groundwater information. The development of a proper groundwater-monitoring plan will be crucial to the City’s capability to protect their water sources. This can be accomplished in cooperation with the Regional Water Associations of South King County, Seattle-King County Health Department, Health, Department of Natural Resources (DNR), Ecology, and other entities seeking to monitor the groundwater resources of the region. Abandoned Well Inventory: The City should locate and inventory decommissioned, abandoned, and unused wells. Owners of these wells could be notified of the potential liability such wells cause and be educated on the benefits of well decommissioning. Herbicide and Pesticide Survey: The City should inventory and monitor major herbicide and pesticide use within the WHPA. This inventory may be used to guide future groundwater monitoring and WHP-related education programs. In addition, the City could encourage county, state, and private land managers to use vegetation management practices that protect groundwater quality. Underground Storage Tanks Inventory: The City should inventory and locate underground storage tanks. Besides those presently identified by the current hazard inventory, this inventory should include new tanks placed after the hazard inventory was finished, and residential home heating-oil USTS/and or other tanks that were not previously identified. DRAFT Robinson, Noble & Saltbush, Inc. 1051-005A Page 13 Drywell Monitoring: The City should encourage stormwater management agencies to develop an evaluation and monitoring plan for drywells within the WHPA. Education Strategies Education of the public and industrial/commercial occupants of the WHPA concerning groundwater protection is a critical portion of the WHPP. Through proper education, the degree and potential for future contamination can be greatly reduced; therefore, the following recommendations are made. If not already begun, the City should begin groundwater educational programs to educate the WHPA residents, particularly on groundwater quality issues. The WHPA could be targeted for distribution of literature regarding septic tank maintenance, fuel oil storage tank maintenance and abandonment, residential use of herbicides and pesticides, and hazardous material use, disposal and storage. TPCHD maintains a cooperative program to assist water purveyors in Pierce County with their WHPPs. This includes educational materials that will support this process. In addition to City-run programs, the City should participate in and support small-quantity waste disposal programs and actively work with state and local government in developing and creating public education programs concerning ground water. Wellhead Protection Implementation Tasks In order to accomplish the protection of the WHPA, it is recommended that the City adopt the WHP Implementation Tasks listed below. These tasks have been ordered in their recommended priority of implementation. The City may institute all or a portion of these tasks, depending upon available funding, time, or other concerns. Task 1: Include the City’s Emergency Management Department (or its equivalent) in the WHP planning process. This group will: · Promote adoption of the WHPA into the Comprehensive Plans of King County and Pierce County (The emergency management department will do this??) · Focus the applicable state and local programs to the area · Review management strategies · Incorporate new data · Evaluate new requirements · Evaluate new approaches to WHP Task 2: Establish formal communication with first responders. Task 3: The City should also notify the Health and Planning/Land-Use departments of King County, Pierce County and the State of the existence of the City’s WHPAs. The City should request that: 1) The (State) health department assist small water systems with wellhead protection by initiating a small system WHP Coordination Program, and 2) County planning departments consider the WHPA in their designations of critical areas regulations, susceptibility mapping, and development permitting. The City should provide susceptibility data to King County and Pierce County to update their maps. DRAFT Robinson, Noble & Saltbush, Inc. 1051-005A Page 14 Task 4: Consider seeking designation of the WHPA as a special protection area. As mentioned previously, there are numerous special designations the City may wish to seek in order to protect the WHPA. The City should evaluate the protection offered by these designations and seek those most appropriate for the WHPA. Task 5: It is recommended that the City seek to create awareness of the wellhead protection area by posting metal “WATER SUPPLY PROTECTION AREA” signs at the borders of the WHPA. Task 6: Communicate the location of the WHPA, explain basic WHP concepts, and address specific WHP concerns to industrial/commercial site owners and local gravel mine owners. Task 7: Increase public awareness of homeowners who are connected to the City’s water system through notification letters to customers within the WHPA. This notification letter should be given to homeowners either at the time of service hookup or as part of property escrow. The City should deliver a copy of the wellhead protection plan to the King County and Pierce County library systems. This will allow interested residents to learn more about the wellhead protection program of the water system. In addition, inform local residents of the WHPA through a press release sent to Auburn Reporter, Tacoma News Tribune, Seattle Times and the Seattle Post Intelligencer for publication in the local or “Your Town” sections of each paper. Task 8: Initiate coordination with King County and Pierce County to require engineering as-builts of new septic systems be recorded with property deeds. These as-builts should be drawn and submitted by septic tank designers who are registered professional designers licensed by Washington State. Support the implementation of state laws and regulations regarding septic system inspection and maintenance programs. Participate in public education programs to notify public concerning the impact of septic systems on the WHPA. Promote and coordinate public education programs concerning proper septic tank maintenance and proper hazardous waste disposal. Task 9: Review routine leak detection procedures for sewer lines. Request utilities use "leakproof" piping for new sewer construction and replace older lines. There are currently multiple sewer force mains located throughout the City. The City currently has contingency plans in place for pump and line failure, however, the City should develop an emergency response procedure for sewer force main breaks within the 1-year travel zone of the WHPA. Task 10: Document the location and use of petroleum pipelines and develop appropriate emergency procedures. Task 11: Participate in a regional groundwater data development and management program. This would be a cooperative effort with neighboring water purveyors and any state or county agency efforts to monitor groundwater trends. Sharing of monitoring data across the various groups will help assure that an adequate regional database is developed. If a program does not exist, the City should consider initiating one and inviting other regional users to participate. DRAFT Robinson, Noble & Saltbush, Inc. 1051-005A Page 15 Task 12: Encourage King and Pierce Counties to maintain their delegated authority of well drilling inspection. Coordinate with this program to gain advance notice of drilling in or near the City’s WHPAs. Task 13: Assure that the hydrogeologic impact of surface development is adequately evaluated during the SEPA process. Task 14: Document the type and amount of herbicide and pesticide application. This activity should focus upon transportation corridors and recreation parcels. Data collected should be used to guide which water quality analyses are to be performed as monitoring progresses. Task 15: Annually review the CSCSL, LUST and other significant environmental database listings within the WHPA. Also, the City could monitor Ecology's progress in the cleanup of contaminated sites within the WHPA and encourage Ecology and county inspection of RCRA hazardous waste generator facilities. Task 16: Review the annual Superfund Amendments and Re-authorization Act (SARA) Title III reports in order to document and inventory the chemicals used in the WHPA. This review could be used to guide groundwater monitoring and WHP-related education programs. Task 17: Promote and coordinate public education programs regarding household hazardous materials use, storage and disposal with county and local hazardous waste management programs. Task 18: The City should develop data on the number and size of exempt underground tanks within the one-year WHPA. Also, the City should promote and coordinate public education programs concerning underground tank hazards, leak detection methods, and proper removal and closure procedures. These programs should target owners of exempt underground tanks. Task 19: Seek to have Ecology prioritize the investigation of contaminated and potentially contaminated sites within the WHPA. This could assure that those areas with existing contamination within the WHPA and any subsequent contamination events are given highest priority in relation to the amount and type of contamination in clean-up activities and budgets. Task 20: Encourage development and use of best management practices. This effort should focus upon large land units including residential developments, schools, golf courses, parks, gravel mining operations, and forest parcels. Task 21: Request County, State, and private landowners to utilize vegetation management practices to protect water quality. Task 22: Encourage thorough analysis of groundwater impacts for siting, operation and reclamation of gravel quarries and mines. Seek to have the proper agencies require mine operators to install monitoring wells. These wells should be capable of monitoring for potential impacts from site operations for mines within and adjacent to the WHPA. Seek to have the owners document the use of hazardous materials in mining activities within and near the WHPA. Task 23: The City should inventory abandoned or unused wells in the six-month, one-and fiveyear time of travel zones. The owners of these wells should be informed about proper well decommissioning procedures. DRAFT Robinson, Noble & Saltbush, Inc. 1051-005A Page 16 Task 24: The City could seek to have appropriate agencies require sewer hook-up for all industrialcommercial facilities within the WHPA if sewer service is reasonably available. Task 25: Investigate the need for re-routing transport of hazardous materials through the WHPA. Task 26: Work with responsible parties to assess adequacy of stormwater systems. This task should evaluate the existing stormwater detention facilities, establish priority for stormwater upgrades, and seek maximum infiltration of storm water where possible. An evaluation of local stormwater detention, retention, and routing priorities should likewise be considered. Promote research on the impacts of stormwater discharge from residential areas. Encourage the periodic monitoring of drywells. Review water quality data generated under general National Pollutant Discharge Elimination System (NPDES) Storm Water Permit. References Washington State Department of Health, 1995, Wellhead Protection Program April, 1995. Wellhead Protection Program Guidance Document. Olympia, Washington. 78 p. Washington State Department of Health, 1993, Wellhead Protection Program November, 1993. Inventory for Potential Contaminant Sources Within Washington’s Wellhead Protection Areas. Olympia, Washington. 33 p. U.S. Environmental Protection Agency, Office of Water, 1991. Managing Ground Water Contamination Sources in Wellhead Protection areas/A Priority Setting Approach. Washington D.C. EPA 570/9-91-023. 252 p. The statements, conclusions, and recommendations provided in this report are to be exclusively used within the context of this document. They are based upon generally accepted hydrogeologic and environmental practices and are the result of analysis by Robinson, Noble & Saltbush, Inc. staff. This report, and any attachments to it, is for the exclusive use of the City of Auburn. Unless specifically stated in the document, no warranty, expressed or implied, is made. Figure 1 Study Area Location Map City of Auburn Service Area Boundary 07 T 22 N/R 05 E Scale 1” = ~4800’ PM: BGC King County September 2008 10515A Note: Basemap taken from USGS Auburn Quad. City of Auburn: Wellhead Protection Update Appendix A PI REPORT SEARCH MAPS Report ID: 292 Date: 1/7/2008 Auburn WHP Update 3600 I ST SE AUBURN, WA 98002 Parcel Insight Radius Map Report 1/4 Mile Detail Map 1 Overview Map 2 Non-Exact Match Map 3 Tabular Summary of Findings 4 Exact Match Summary 5 Non-Exact Match Summary 43 Exact Match Details 44 Non-Exact Match Details 401 Disclaimer 406 Government Record Tracking 407 TABLE OF CONTENTS Report 292 page i 1/4 Mile Detail Map Report 292 page 1 Overview Map Report 292 page 2 Non-Exact Match Map Report 292 page 3 Appendix B HAZARD INVENTORY LIST BY RANKING ORDER Appendix B: Hazard Inventory List Plate # I II III IV 1 196 CHURCH OF JESUS CHRIST LDS CSCSL 1 1 2 2 539 Unsewered Areas 1 4 0 Figure 3 3 536 Fulmer Field Corrosion Control Facility 1 4 150 Figure 4 4 197 B & G CLEANERS RCRA CESQG 1 5 6 5 540 Light Commercial 1 7 0 Figure 4 6 541 Transportation Corridors 1 7 10 Figure 4 7 542 Gravel Quarries and Mines 1 7 100 Figure 4 8 543 Heavy Commercial 1 7 550 Figure 4 9 544 Downtown 1 7 700 Figure 4 10 545 Public and Quasi-public 1 8 0 Figure 4 11 546 Rural 1 8 800 Figure 4 12 547 Stormwater 1 9 Figure 4 13 548 Sewer Mains 1 10 1 Figure 4 14 549 Single-Family Residential 1 10 50 Figure 4 15 550 High-Density Residential 1 10 100 Figure 4 16 551 Moderate-Density Residential 1 10 101 Figure 4 17 552 Office Residential 1 10 102 Figure 4 18 553 Neighborhood Commercial 1 10 103 Figure 4 19 93 CITY OF AUBURN (CRITES-HUFF PROPERTY) USE RESTRICTION, BROWNFIELDS 1.5 1 1025 1 3 20 94 DELTA TRAIN CORP. USE RESTRICTION, BROWNFIELDS 1.5 1 1025 2 3 21 91 KING CO-FEDERAL WAY LDFL (CLOSED) CERCLIS NFRAP 1.5 1 1075 1 4 22 92 BAHNMILLER AUTOBODY WORKSHOP CERCLIS NFRAP 1.5 1 1075 2 4 23 26 CANHAM PROPERTY CSCSL 1.5 1 1350 2 24 146 ARCO 6120 CSCSL NFA, UST, RCRA ND 1.5 1.5 925 2 25 25 AUBURN SHOPPING CENTER CSCSL NFA 1.5 1.5 2325 2 26 142 AUBURN CITY IMPORTS LUST, UST, RCRA ND 1.5 2 900 1 27 4 WA PARKS PUGET SOUND REGION HQ LUST, UST, RCRA ND 1.5 2 2750 1 28 20 YELLOW TRANSPORTATION HMIRS 1.5 3 1025 1 1 29 21 RELEASE ERNS 1.5 3 1025 2 1 30 18 AUBURN (M&R STREET) SWLF KING 1.5 3 2100 3 31 534 37th Street SE Stormwater Facility 1.5 4 2200 Figure 4 32 537 Howard Road Corrosion Control Facility 1.5 4 2800 Figure 4 33 532 Riverwalk Regional Storm Facility 1.5 4 3300 Figure 4 34 49 PCL CONSTRUCTION SERVICES INC RCRA ND 1.5 5 50 5 35 36 RITE AID 5172 RCRA SQG 1.5 5 575 3 36 30 MIKES HONDA PARTS INC RCRA CESQG 1.5 5 1275 6 37 113 1342 SE 3RD ST AUBURN RCRA ND 1.5 5 1350 5 38 50 AUBURN VALLEY YMCA UST 1.5 6 225 7 39 66 GREEN RIVER HOMES UST 1.5 6 350 7 40 27 7 ELEVEN STORE 230314481L UST 1.5 6 1200 7 7 41 218 CORLISS REDI MIX INC UST 1.5 6 1275 7 42 227 FRITO LAY SALES DIST CENTER UST 10545 UST 1.5 6 1299 7 43 105 ART FETTER LOGGING CO INC UST 1.5 6 1300 7 44 224 DASCOMP INC UST 1.5 6 1301 7 45 226 WR GRACE & CO CONST PROD DIV UST 1.5 6 1302 7 46 277 LEA HILL PUMP STATION UST 1.5 6 1510 7 47 535 Game Farm Park 1.5 8 2500 Figure 4 48 554 Open Space 1.5 15 Figure 4 49 144 HOLIDAY CLEANERS CSCSL, RCRA CESQG 2 1 2 50 219 SCARFF FORD ISUZU RCRA CESQG, UST 2 5 300 6 51 192 AUBURN SCHOOL DIST 408 AUBURN HS RCRA CESQG, UST 2 5 350 6 52 205 GOODYEAR GEMINI AUTO SERVICE RCRA CESQG, UST 2 5 375 6 53 182 GOSNEY MOTOR PARTS INC RCRA ND 2 5 450 5 54 2 ROHR INC RCRA LQG, UST 2 5 510 5 55 169 VICS RADIATOR AUBURN RCRA ND 2 5 600 5 56 263 GREEN RIVER AUTOMOTIVE UST 2 6 300 7 57 171 PHILLIPS 66 COMPANY SS070816 UST 2 6 625 7 58 141 EAST MAIN SHORT STOP UST 2 6 650 7 59 145 AUBURN TIRE CENTER FORMER UST 2 6 675 7 60 188 AUBURN INK SITE CERCLIS NFRAP 3 1 975 4 61 100 AUBURN AUTO WRECKING FORMER CSCSL 3 1 1450 2 62 102 ELECTROFINISHING CO CSCSL, CSCSL HSL, RCRA ND 3 1 1451 2 63 77 BROWN BEAR CAR WASH 5473 CSCSL NFA, LUST, UST 3 1.5 1300 2 64 82 AUBURN ABANDONED FIRE STA CSCSL NFA, LUST, UST 3 1.5 1525 2 65 83 AUBURN CITY MAINTENANCE FACILITY CSCSL NFA 3 1.5 1575 2 66 270 LAKE TAPPS GROCERY CSCSL NFA, UST 3 1.5 3200 2 67 271 LAKE TAPPS GROCERY CSCSL NFA, UST 3 1.5 3201 2 68 206 JACKPOT FOOD MART 309 LUST, UST 3 2 400 1 69 241 AUBURN PRINT33 LS051 3RDSUB MP 21.5 LUST, UST 3 2 600 1 70 33 BP SERVICE STATION 11065 LUST, UST, RCRA CESQG 3 2 700 1 71 148 PACIFIC FIRST FACILITY LUST, UST 3 2 1025 1 72 121 SHELL STATION 120849 LUST, UST, RCRA ND 3 2 1050 1 73 122 CHEVRON USA A ST AUBURN LUST, UST, RCRA ND 3 2 1225 1 74 124 A STREET AUTOMOTIVE LUST, UST, RCRA ND 3 2 1250 1 75 116 SHELL STATION ALS SHELL LUST, UST 3 2 1375 1 76 86 CONOCOPHILLIPS SITE 2705928 LUST, UST, RCRA ND 3 2 1650 1 77 244 AUBURN FOREIGN CAR INC RCRA CESQG 3 5 375 6 78 275 AUBURN ONE HOUR CLEANERS RCRA CESQG 3 5 450 1 6 79 43 AUBURN MUFFLER & BRAKE INC RCRA CESQG 3 3 5 450 2 6 80 233 MIL LOR CO INC RCRA ND 3 5 525 5 81 250 MOHAWK NORTHERN PLASTICS INC RCRA LQG 3 5 625 5 82 138 NORAL PRECISION UST, RCRA ND 3 5 750 7 83 134 FRONTIER CLEANERS RCRA CESQG 3 5 925 6 84 159 W MAIN ST AUBURN RCRA ND 3 5 1000 5 85 120 TEXACO STATION 632320508 RCRA CESQG, UST 3 5 1050 6 86 72 U HAUL CO OF AUBURN RCRA CESQG, UST 3 5 1150 6 87 506 FEDERAL WAY WATER DIST 305TH S RCRA LQG 3 5 1200 1 5 88 140 BILLS REPAIR 132ND RCRA ND 3 5 1200 2 5 89 139 DALES AUTOBODY RCRA ND 3 5 1200 3 5 90 123 SCHUCKS AUTO SUPPLY 4204 RCRA ND 3 5 1225 5 91 76 CAR WASH ENTERPRISES CWE RCRA CESQG 3 5 1300 1 6 92 133 QWEST COMMUNICATIONS W00015 UST, RCRA ND 3 5 1300 2 7 93 107 UNOCAL SS NO 5377 RCRA CESQG, UST 3 5 1325 6 94 114 AUBURN SUNSHINE CTR CLEANERS RCRA CESQG 3 5 1350 6 95 101 ARD LLC RCRA ND 3 5 1650 5 96 99 PUGET SOUND RECYCLING RCRA ND 3 5 1700 5 97 90 BNSF RAILWAY COMPANY AUBURN1 RCRA CESQG 3 5 1750 6 98 15 SITE SE12 BOTHELL UST 3 6 200 7 99 40 ROGERS FURNITURE UST 3 6 425 7 100 269 FRED MEYER FUEL UST 3 6 590 7 101 267 7 ELEVEN FOOD STORE 230320249 UST 3 6 600 7 102 173 LYLE & LOUISE SCHNEIDER UST 3 6 725 7 103 360 AT&T WIRELESS AUBURN 2 UST 3 6 800 7 104 150 WEST MAIN SHORT STOP UST 3 6 890 7 105 136 SAFEWAY FUEL CTR 531 UST 3 6 900 7 106 153 VENTURE CONSTRUCTION INC UST 3 6 950 1 7 107 154 PALMER G LEWIS CO INC UST 3 6 950 2 7 108 151 DISTRICT OFFICE REDONDO UST 3 6 1000 7 109 158 CAVANAUGH ACE HARDWARE UST 3 6 1025 7 110 165 AUBURN CITY PARKS UST 3 6 1125 7 111 112 Q LUBE 1540 UST 3 6 1200 7 112 75 7 ELEVEN STORE 230325087J UST 3 6 1350 7 113 103 BURLINGTON NORTHERN RAILROAD UST 10211 UST 3 6 1675 7 114 98 QUICK STUFF 7758 UST 3 6 1700 7 115 555 Heavy Industrial 3 7 1800 Figure 4 116 538 BP Olympic Liquid Gas Pipeline Liquid Gas 3 7 2000 Figure 4 117 556 Light Industrial 3 7 3000 Figure 4 118 203 GROW GROUP INC CERCLIS NFRAP 4 1 950 4 119 199 UNOCAL BULK PLANT 0028 CSCSL, LUST, UST, RCRA CESQG 4 1 975 2 120 163 WICKHAM & SONS CSCSL, LUST, UST, RCRA ND 4 1 1200 2 121 127 CRITES AUTO REBUILD (CITY OF AUBURN) USE RESTRICTION, BROWNFIELDS 4 1 1450 3 122 55 HARTUNG PROPERTIES CERCLIS NFRAP 4 1 1525 4 123 78 CENEX HARVEST STATES AUBURN CSCSL, CSCSL HSL, LUST, UST, DECISIONS, RCRA ND 4 1 1600 2 Hazard Ranking Land Use/Site Description Map Reference No. Overall Ranking Source List 124 79 BURLINGTON NORTHERN RR AUBURN CSCSL, CSCSL HSL 4 1 1925 2 125 53 AUBURN VALLEY CHEVRON CSCSL NFA, UST, RCRA ND 4 1.5 575 2 126 332 LAKE TAPPS COUNTY PARK CSCSL NFA, UST 4 1.5 4850 2 127 333 LAKE TAPPS COUNTY PARK CSCSL NFA, UST 4 1.5 4850 2 128 170 V DUB CENTRAL LUST, UST, RCRA CESQG 4 2 1175 1 129 176 AUBURN COLLISION CENTER LUST, UST, RCRA SQG 4 2 1325 1 130 202 GROW GROUP INC CONSUMER PROD D RCRA CORRACTS, UST, RCRA ND 4 5 975 6 131 167 LINCOLN APARTMENTS RCRA ND 4 5 1200 5 132 52 US EPA HARTUNG PROPERTY AUBURN RESIDENT RCRA LQG 4 5 1250 5 133 63 STEVES QUALITY AUTO REFINISHIN RCRA ND 4 5 1850 5 134 106 ASSOCIATED SIGN GRAPHICS RCRA ND 4 5 1950 5 135 60 RENTAL MARTS UST 4275 UST 4 6 825 7 136 284 MILES SAND & GRAVEL COMPANY INC AUBURN UST 4 6 900 7 137 155 SKAAR CONST INC UST 4 6 1275 7 138 143 AUBURN PRINT466 LS51 3RDSUB MP 22 UST 4 6 1310 7 139 64 TERN BOAT PROPERTY UST 4 6 1875 7 140 7 TYEE LUMBER & MANUFACTURING CERCLIS NFRAP, 5 1 950 4 141 8 TYEE LUMBER & MFG CSCSL, CSCSL HSL 5 1 950 2 142 14 14 AUBURN SALVAGE & RECYCLING CSCSL, CSCSL HSL 5 1 1075 2 143 343 ESPRI INC CERCLIS NFRAP 5 1 1100 1 4 144 1 DELTA TRAIN CORP CSCSL 5 1 1100 2 2 145 193 202 C ST NW DELS FARM SUPPLY CSCSL 5 1 1200 2 146 201 CUSTOM BUILT METALS CSCSL, UST 5 1 1400 2 147 298 CHEVRON 94998 CSCSL, LUST, UST, RCRA ND 5 1 1500 2 148 297 P-3/PARKWAY LLC PROPERTY USE RESTRICTION, BROWNFIELDS 5 1 1850 3 149 39 JACKPOT STATION 308 CSCSL, LUST, UST 5 1 2025 2 150 458 WEST VALLEY HWY SITE CERCLIS NFRAP 5 1 2300 4 151 287 NORTHWEST PIPELINE ENUMCLAW BUCKLEY MS CSCSL, CSCSL HSL, RCRA ND 5 1 2400 2 152 459 LA TERRA LIMITED PARCEL USE RESTRICTION, BROWNFIELDS 5 1 2401 3 153 460 402 MOUNTAIN VIEW DRIVE USE RESTRICTION, BROWNFIELDS 5 1 2402 3 154 461 ELECTROFINISHING COMPANY USE RESTRICTION, BROWNFIELDS 5 1 2403 3 155 69 BOEING COMPANY AUBURN CSCSL, CSCSL HSL, LUST, UST, RCRA CORRACTS, RCRA TSD, RCRA LQG 5 1 2900 1 2 156 249 TEX ENTERPRISES INC CSCSL, LUST, UST, RCRA CESQG 5 1 2900 2 2 157 70 BOEING COMPANY AUBURN CERCLIS NFRAP 5 1 3100 4 158 175 LAKE TAPPS MINI MART CSCSL, LUST, UST 5 1 3500 2 159 317 NORTHWEST PIPELINE CORP SUMNER CS CSCSL, UST, RCRA ND 5 1 3800 2 160 243 WA DOT PARCEL 1-6361 AUBURN CSCSL 5 1 3900 2 161 236 PEASLEY CANYON OLD GAS STN CSCSL, CSCSL HSL 5 1 3950 2 162 436 STARROW ENTERPRISES INC CSCSL, RCRA ND 5 1 4100 1 2 163 437 MATLACK INC B STREET CSCSL, RCRA ND 5 1 4100 2 2 164 435 STARROW ENTERPRISES PROPERTY USE RESTRICTION, BROWNFIELDS 5 1 4100 3 3 165 525 ALL AMERICAN HOMES CSCSL 5 1 4200 2 166 330 BELDEN PROPERTY CSCSL 5 1 4700 2 167 392 PUGET POWER AUBURN SERV CTR CSCSL, LUST, UST 5 1 5800 2 168 382 PROVISIONERS EXPRESS INC CSCSL NFA, UST 5 1.5 1450 2 169 149 THOROUGHBRED AUTO BODY CSCSL NFA, UST, RCRA SQG 5 1.5 1575 2 170 152 WR GRACE CSCSL NFA, RCRA ND 5 1.5 1650 2 171 207 CORTECH CSCSL NFA, UST 5 1.5 2275 2 172 276 PSE AUBURN OPERATING BASE CSCSL NFA, UST, RCRA ND 5 1.5 2900 1 2 173 45 ARCO 6093 CSCSL NFA, RCRA ND 5 1.5 2900 2 2 174 356 AMERICAN TRANSPORTATION UST 200490 LUST, UST 5 2 900 1 175 283 NORTH AUBURN FIRE DEPT LUST, UST, RCRA ND 5 2 1050 1 176 12 7 ELEVEN 230323938 LUST, UST 5 2 1225 1 177 334 MUTUAL MATERIALS CO AUBURN LUST, UST 5 2 1300 1 178 177 GROUP W CABLE INC LUST, UST 5 2 1400 1 179 293 SHELL STATION 120654 LUST, UST, RCRA ND 5 2 1450 1 180 306 AUBURN CHEVROLET LUST, UST, RCRA CESQG 5 2 1650 1 181 209 AUBURN RENTAL EQUIP REPR SHOP INC LUST, UST 5 2 1675 1 182 210 LEATHERBACK INDUSTRIES LUST, UST 5 2 1676 1 183 108 CONTINENTAL DIRT CONTRACTORS INC LUST, UST 5 2 1800 1 184 216 AUBURN ADVENTIST ACADEMY UST 343327 LUST, UST 5 2 1900 1 1 185 315 DOUGS AUTO ROW 76 LUST, UST 5 2 1900 2 1 186 6 ICON MATERIALS LUST, UST, RCRA CESQG 5 2 2200 1 187 73 AUBURN CITY M & O BUILDING LUST, UST, RCRA CESQG 5 2 2325 1 188 338 SOUTHLAND STORE 27219 LUST, UST, RCRA ND 5 2 2409 1 189 337 BREWER CHRYSLER PLYMOUTH LUST, UST, RCRA ND 5 2 2410 1 190 220 DIERINGER SCHOOL DIST 343 LUST, UST, RCRA ND 5 2 2700 1 191 346 AUBURN MUNICIPAL AIRPORT LUST, UST, RCRA ND 5 2 2725 1 192 67 AUBURN SCHOOL DIST 408 TRANSP CENTER LUST, UST, RCRA CESQG 5 2 2800 1 193 190 MCKESSON WATER PRODUCTS LUST, UST, RCRA ND 5 2 2825 1 194 44 ARCO FACILITY #6093 LUST INACTIVE TRIBAL 5 2 2900 1 195 48 CIRCLE K #1477 (NOW MUCKLESHOOT MARKET & DELI) LUST ACTIVE TRIBAL 5 2 2975 1 1 196 47 CIRCLE K #1477 (MUCKLESHOOT MARKET & DELI) LUST INACTIVE TRIBAL 5 2 2975 2 1 197 61 FAA -SEATTLE AIR ROUTE TRAFFIC CONTROL CENTER LUST INACTIVE TRIBAL 5 2 3000 1 1 198 371 HINSHAWS HONDA LUST, UST, RCRA ND 5 2 3000 2 1 199 379 PACIFIC CONCRETE PRODUCTS AUBURN LUST, UST, RCRA CESQG 5 2 3175 1 200 442 MILITARY CHEVRON LUST, UST, RCRA CESQG 5 2 3200 1 201 434 TEXACO STATION 63232101 LUST, UST, RCRA ND 5 2 3225 1 202 467 ARCO 6175 LUST, UST, RCRA ND 5 2 3250 1 203 257 WA DOT PEASLEY CANYON RD LUST, UST 5 2 3800 1 204 240 AUBURN CITY GOEDECKE S PROPERTY LUST, UST, RCRA ND 5 2 3975 1 205 321 LAKE TAPPS DELI & GAS LUST, UST 5 2 4050 1 206 450 SAFETY KLEEN SYSTEMS INC AUBURN 118101 LUST, UST, RCRA CORRACTS, RC5RA SQG 2 4200 1 207 316 GREEN RIVER COMMUNITY COLLEGE LUST, UST, RCRA SQG 5 5 2 4950 1 208 16 UTILITY VAULT Release 5 3 1200 1 209 386 INTERWEST DEVELOPMENT, INC. SWLF STATE 5 3 1500 3 210 387 INTERWEST DEVELOPMENT, INC. SWLF STATE 5 3 1500 3 211 31 AUBURN (ROTARY PARK) SWLF KING 5 3 2250 3 212 308 RELEASE ERNS 5 3 2375 1 213 307 RELEASE ERNS 5 3 2450 1 214 41 BOEING COMMERCIAL AIRPLANES AUBURN Release 5 3 2700 1 215 533 21st Street SE Stormwater Facility 5 4 2500 Figure 4 216 361 UAP DISTRIBUTION INC AUBURN RCRA SQG 5 5 750 1 3 217 5 GM NAMEPLATE INC AUBURN RCRA SQG, 5 5 750 2 3 218 354 CUSTOM FABRICATION & WELDING RCRA LQG 5 5 800 1 5 219 9 VALLEY AUTO REBUILD RCRA CESQG 5 5 800 2 6 220 355 TR EGGERT CONSTRUCTION INC RCRA ND 5 5 800 3 5 221 344 TOM CRAFT CONSTRUCTION RCRA CORRACTS, RCRA ND 5 5 1000 1 6 222 357 FISHER SERVICE CO RCRA ND 5 5 1000 2 5 223 351 AMERICAN TRANSPORT RCRA ND 5 5 1005 5 224 362 AERO CONTROLS INC AUBURN RCRA SQG 5 5 1025 3 225 370 AERO CONTROLS INC RCRA ND 5 5 1050 5 226 353 ALLIANCE ENVIRONMENTAL SERVICE RCRA CESQG 5 5 1075 6 227 378 SOUTHEND MACHINE INC RCRA CESQG 5 5 1100 1 6 228 366 UNI SELECT NW DIVISION RCRA SQG 5 5 1100 2 3 229 290 VILLA DRY CLEANERS RCRA ND 5 5 1150 5 230 28 BERNARD MOTORS RCRA CESQG 5 5 1175 1 6 231 265 UNITED STATES GYPSUM CO RCRA CESQG 5 5 1175 2 6 232 3 RECYCLING TECHNOLOGIES RCRA ND 5 5 1200 5 233 399 AIM AVIATION AUBURN INC RCRA CESQG 5 5 1225 1 6 234 400 NORTHWEST TECHNICAL PLASTICS RCRA LQG 5 5 1225 2 5 235 401 AERO INTERIOR CORP RCRA ND 5 5 1225 3 5 236 381 BRANDRUD FURNITURE INC RCRA CESQG 5 5 1250 6 237 19 WA GA STATE SURPLUS RCRA ND 5 5 1325 1 5 238 292 ERNST HOME NURSERY 248 RCRA ND 5 5 1325 2 5 239 368 COMPOSITE SOLUTIONS CORP RCRA CESQG 5 5 1375 1 6 240 369 TRM COPY CENTERS USA CORP RCRA ND 5 5 1375 2 5 241 324 AIM AVIATION AUBURN INC W VALLEY RCRA ND 5 5 1400 1 5 242 390 RWG ENTERPRISES INC RCRA ND 5 5 1400 2 5 243 204 U HAUL ABURN RERS RCRA CESQG 5 5 1500 1 6 244 299 AUBURN CAR CORNER RCRA ND 5 5 1500 2 5 245 391 COMPETITION SPECIALTIES RCRA CESQG 5 5 1575 6 246 393 IMAGETECH RCRA ND 5 5 1600 5 247 181 KING CNTY AMBULANCE CO AUBURN RCRA ND 5 5 1625 1 5 248 305 MASTER TECH UST, RCRA ND 5 5 1625 2 7 249 300 GREASE MONKEY AUBURN RCRA CESQG 5 5 1650 6 250 272 PENINSULA TRUCK LINES AUBURN RCRA CESQG 5 5 1700 1 6 251 17 UTILITY VAULT CO RCRA CESQG, UST 5 5 1700 2 6 252 301 ARCO 5926 PSI 5435 UST, RCRA ND 5 5 1750 7 253 246 LEONARDS METAL INC RCRA ND 5 5 1800 5 254 251 HENRY COMPANY RCRA LQG 5 5 1805 5 255 314 MALONES FINE DRY CLEANING RCRA ND 5 5 1825 1 5 256 225 AUBURN CITY AUBURN WAY S RCRA ND 5 5 1825 2 5 257 172 NATIONAL CONCRETE CUTTING INC RCRA LQG 5 5 1925 1 5 258 304 PHILIPS ORAL HEALTHCARE DISTRIBUTION CTR RCRA CESQG 5 5 1925 2 6 259 29 ZIP VAC INC RCRA ND 5 5 1950 5 260 194 PUGET SOUND OIL CO INC RCRA ND 5 5 2000 1 5 261 160 BURKE GIBSON INC RCRA LQG 5 5 2000 2 5 262 212 PORT CITY EXPRESS INC RCRA ND 5 5 2100 5 263 326 VALLEY COLLISION CENTER RCRA ND 5 5 2125 1 5 264 34 AUBURN STOR MORE RCRA LQG 5 5 2125 2 5 265 24 THOROUGHBRED COLLISION CTR RCRA CESQG 5 5 2150 6 266 32 US NAVY SEADET PERA CV AUBURN RCRA LQG 5 5 2175 1 5 267 325 SUNSET DAEWOO OF AUBURN RCRA CESQG, UST 5 5 2175 2 6 268 309 UPS SUPPLY CHAIN SOLUTIONS AUBURN 2 RCRA ND 5 5 2200 5 269 215 DIVISION TRANSPORT RCRA ND 5 5 2205 1 5 270 214 MS CARRIERS SEATTLE RCRA ND 5 5 2205 2 5 271 217 FAIRWAY ORNAMENTAL IRON INC CLAY ST RCRA CESQG 5 5 2225 6 272 208 BNSF RAILWAY COMPANY AUBURN RCRA CESQG 5 5 2250 6 273 95 SONOCO PRODUCTS CO AUBURN RCRA ND 5 5 2300 1 5 274 328 ROYAL A DRUG LAB RCRA ND 5 5 2300 2 5 275 322 AERO CONTROLS INC 20TH ST NW RCRA LQG 5 5 2350 1 5 276 329 NORTHWEST PROPELLER PROPELLER SERVICE INC RCRA CESQG 5 5 2350 2 6 277 319 MCKESSON CORPORATION RCRA SQG 5 5 2375 3 278 340 OLYMPIC AUTO BODY UST, RCRA ND 5 5 2450 7 279 342 AUBURN NATIONAL AUTO PARTS RCRA ND 5 5 2475 1 5 280 59 GSA AUBURN PROPERTY MGMT TEAM RCRA CESQG 5 5 2475 2 6 281 262 AUBURN ADVENTIST ACADEMY WYMAN DR UST, RCRA ND 5 5 2525 7 282 191 BERRY GOOD PRODUCTS LP RCRA LQG 5 5 2600 5 283 347 ROBERTS OLDS JEEP EAGLE RCRA SQG, UST 5 5 2625 1 3 284 168 GREEN VALLEY RD ABANDONED CONTAINERS RCRA ND 5 5 2625 2 5 285 198 MCCLARY COLUMBIA CORP AUBURN RCRA LQG 5 5 2650 1 5 286 235 AUBURN ADVENTIST ACADEMY RCRA CESQG 5 5 2650 2 6 287 349 AUBURN DRUG LAB 0190 RCRA ND 5 5 2650 3 5 288 195 RENTAL SERVICES 568 RCRA ND 5 5 2675 5 289 234 FEDERAL WAY DISPOSAL CO INC RCRA ND 5 5 2700 1 5 290 348 TAYLOR AUBURN AUTO BODY RCRA ND 5 5 2700 2 5 291 352 CASCADE MIDDLE SCHOOL AUBURN RCRA CESQG 5 5 2700 3 6 292 358 KIRMACS FITZ AUTO REBUILD RCRA LQG 5 5 2775 5 293 238 WASTE MANAGEMENT OF SOUTH KING CNTY UST, RCRA ND 5 5 2850 7 294 288 NORTHWEST PIPELINE CORP ENUMC RCRA ND 5 5 2900 1 5 295 318 AUBURN PAINT RCRA ND 5 5 2900 2 5 296 247 ASSOCIATED TRUCK RCRA ND 5 5 2900 3 5 297 248 J & J WOODWORKING INC RCRA SQG 5 5 2900 4 3 298 253 EAGLE HYDRAULICS INC RCRA CESQG 5 5 2925 1 6 299 242 AC WRIGHT & SONS INC RCRA CESQG 5 5 2925 2 6 300 256 J & J WOODWORKING INC AUBURN RCRA SQG 5 5 2925 3 3 301 74 SUPERVALU FROZEN FOODS RCRA LQG, UST 5 5 2950 5 302 135 WAL MART 2385 RCRA ND 5 5 3000 5 303 375 HINSHAWS HONDA SHOP RCRA SQG 5 5 3050 3 304 54 CIRCLE K 01477 RCRA CESQG 5 5 3150 1 6 305 51 FOREST VILLA CLEANERS LAUNDERETTE RCRA ND 5 5 3150 2 5 306 380 ARMSTRONG LUMBER CO INC AUBURN WA RCRA CESQG, UST 5 5 3225 6 307 282 AUBURN CITY MOUNTAIN VIEW CEMETERY UST, RCRA ND 5 5 3300 7 308 57 US FAA AUBURN RCRA SQG 5 5 3400 3 309 65 BEHR PROCESS CORP RCRA ND 5 5 3450 5 310 260 NATIONAL CONSTRUCTION RENTALS RCRA CESQG 5 5 3525 6 311 289 KING CNTY PATTEN BRG NO 3015 RCRA ND 5 5 3700 5 312 229 BUCK BAKER TRUCKING RCRA ND 5 5 3800 5 313 281 AUBURN REGIONAL MEDICAL CENTER RCRA CESQG, UST 5 5 4000 6 314 223 HWY 167 MEDIAN WASTE RCRA ND 5 5 4050 5 315 501 WEYERHAEUSER DUMP SITE RCRA ND 5 5 4125 5 316 110 KITS CAMERAS 1025 RCRA CESQG 5 5 4150 1 6 317 89 THARCO CONTAINERS COLORADO INC RCRA CESQG 5 5 4150 2 6 318 111 SAMS CLUB 6688 AUBURN RCRA CESQG 5 5 4150 3 6 319 528 BOEING CO FEDERAL WAY SITE RCRA ND 5 5 4200 5 320 377 US EPA EDWARDS RD RCRA SQG 5 5 4300 3 321 339 PIERCE CNTY FIRE DIST 22 LAKE TAPPS RCRA CESQG, UST 5 5 4400 6 322 487 WICKHAM SONS RCRA ND 5 5 4525 5 323 413 HOMEBASE 49 RCRA ND 5 5 4575 1 5 324 109 WILSONART INTERNATIONAL INC RCRA ND 5 5 4575 2 5 325 130 CLEAN HARBORS ENVIRONMENTAL SERVICES INC RCRA CESQG 5 5 4825 6 326 286 KING CNTY NEELY BRG 3014 RCRA ND 5 5 4875 5 327 499 WEYERHAEUSER TECHNOLOGY CENTER RCRA LQG 5 5 5400 5 328 412 NORTHWEST PIPELINE CORP AUBURN RCRA LQG 5 5 5850 5 329 522 BADEN SPORTS INC RCRA CESQG 5 5 7600 1 6 330 500 ALGEMENE BANK NEDERLAND NV RCRA ND 5 5 7600 2 5 331 13 AUBURN ELECTRIC UST 5 6 800 7 332 231 FUEL FARM UST 5 6 1175 7 333 333 294 FIRESTONE STORE 31E9 010944 UST 5 6 1500 7 334 180 HENRY F KRATOVEL UST 5 6 1525 7 335 245 HUGH MCNIVEN COMPANY AUBURN UST 5 6 1825 1 7 336 254 VALCO CORP UST 5 6 1825 2 7 337 22 COOLS INC UST 5 6 2050 7 338 23 AUBURN CITY UST 425547 UST 5 6 2055 7 339 374 HUBNER BROTHERS CONSTRUCTION INC UST 5 6 2075 7 340 327 PRECISION TUNE CLOSED UST 5 6 2300 7 341 58 US GSA AUBURN UST 5 6 2400 1 7 342 222 SCHNEIDER SPECIALIZED CARRIERS AUB UST 5 6 2400 2 7 343 363 AUBURN MOBILE HOMES INC UST 5 6 2925 7 344 84 ELEPHANT CAR WASH AUBURN UST 5 6 3450 7 345 87 TEXACO STAR MART UST 535577 UST 5 6 3500 7 346 80 MBM INC PROFICIENT FOODS CO UST 5 6 3600 7 347 310 VALLEY AUTO REBUILD INC UST 5 6 3675 7 348 311 FIRE STATION 2 SUMNER UST 5 6 3700 7 349 383 BROWNS CORNER SHORT STOP UST 5 6 4000 7 350 221 BROOKSIDE DELI & GAS 619 UST 5 6 4350 7 351 268 FENSTER UST 5 6 4825 7 352 531 EVERGONE INC FED WAY UST 5 6 8000 7 Appendix C HAZARD INVENTORY LIST BY PLATE NUMBER Appendix C: Hazard Inventory List Plate # I II III IV 26 142 AUBURN CITY IMPORTS LUST, UST, RCRA ND 1.5 2 900 1 27 4 WA PARKS PUGET SOUND REGION HQ LUST, UST, RCRA ND 1.5 2 2750 1 28 20 YELLOW TRANSPORTATION HMIRS 1.5 3 1025 1 1 29 21 RELEASE ERNS 1.5 3 1025 2 1 68 206 JACKPOT FOOD MART 309 LUST, UST 3 2 400 1 69 241 AUBURN PRINT33 LS051 3RDSUB MP 21.5 LUST, UST 3 2 600 1 70 33 BP SERVICE STATION 11065 LUST, UST, RCRA CESQG 3 2 700 1 71 148 PACIFIC FIRST FACILITY LUST, UST 3 2 1025 1 72 121 SHELL STATION 120849 LUST, UST, RCRA ND 3 2 1050 1 73 122 CHEVRON USA A ST AUBURN LUST, UST, RCRA ND 3 2 1225 1 74 124 A STREET AUTOMOTIVE LUST, UST, RCRA ND 3 2 1250 1 75 116 SHELL STATION ALS SHELL LUST, UST 3 2 1375 1 76 86 CONOCOPHILLIPS SITE 2705928 LUST, UST, RCRA ND 3 2 1650 1 128 170 V DUB CENTRAL LUST, UST, RCRA CESQG 4 2 1175 1 129 176 AUBURN COLLISION CENTER LUST, UST, RCRA SQG 4 2 1325 1 174 356 AMERICAN TRANSPORTATION UST 200490 LUST, UST 5 2 900 1 175 283 NORTH AUBURN FIRE DEPT LUST, UST, RCRA ND 5 2 1050 1 1 176 12 7 ELEVEN 230323938 LUST, UST 5 2 1225 1 177 334 MUTUAL MATERIALS CO AUBURN LUST, UST 5 2 1300 1 178 177 GROUP W CABLE INC LUST, UST 5 2 1400 1 179 293 SHELL STATION 120654 LUST, UST, RCRA ND 5 2 1450 1 180 306 AUBURN CHEVROLET LUST, UST, RCRA CESQG 5 2 1650 1 181 209 AUBURN RENTAL EQUIP REPR SHOP INC LUST, UST 5 2 1675 1 182 210 LEATHERBACK INDUSTRIES LUST, UST 5 2 1676 1 183 108 CONTINENTAL DIRT CONTRACTORS INC LUST, UST 5 2 1800 1 184 216 AUBURN ADVENTIST ACADEMY UST 343327 LUST, UST 5 2 1900 1 1 185 315 DOUGS AUTO ROW 76 LUST, UST 5 2 1900 2 1 186 6 ICON MATERIALS LUST, UST, RCRA CESQG 5 2 2200 1 187 73 AUBURN CITY M & O BUILDING LUST, UST, RCRA CESQG 5 2 2325 1 188 338 SOUTHLAND STORE 27219 LUST, UST, RCRA ND 5 2 2409 1 189 337 BREWER CHRYSLER PLYMOUTH LUST, UST, RCRA ND 5 2 2410 1 190 220 DIERINGER SCHOOL DIST 343 LUST, UST, RCRA ND 5 2 2700 1 191 346 AUBURN MUNICIPAL AIRPORT LUST, UST, RCRA ND 5 2 2725 1 192 67 AUBURN SCHOOL DIST 408 TRANSP LUST, UST, RCRA CESQG 5 2 2800 1 193 190 MCKESSON WATER PRODUCTS LUST, UST, RCRA ND 5 2 2825 1 194 44 ARCO FACILITY #6093 LUST INACTIVE TRIBAL 5 2 2900 1 195 48 CIRCLE K #1477 (NOW MUCKLESHOOT MARKET & DELI) LUST ACTIVE TRIBAL 5 2 2975 1 1 196 47 CIRCLE K #1477 (MUCKLESHOOT MARKET & DELI) LUST INACTIVE TRIBAL 5 2 2975 2 1 197 61 FAA -SEATTLE AIR ROUTE TRAFFIC CONTROL CENTER LUST INACTIVE TRIBAL 5 2 3000 1 1 198 371 HINSHAWS HONDA LUST, UST, RCRA ND 5 2 3000 2 1 199 379 PACIFIC CONCRETE PRODUCTS AUBURN LUST, UST, RCRA CESQG 5 2 3175 1 200 442 MILITARY CHEVRON LUST, UST, RCRA CESQG 5 2 3200 1 201 434 TEXACO STATION 63232101 LUST, UST, RCRA ND 5 2 3225 1 202 467 ARCO 6175 LUST, UST, RCRA ND 5 2 3250 1 203 257 WA DOT PEASLEY CANYON RD LUST, UST 5 2 3800 1 204 240 AUBURN CITY GOEDECKE S PROPERTY LUST, UST, RCRA ND 5 2 3975 1 205 321 LAKE TAPPS DELI & GAS LUST, UST 5 2 4050 1 206 450 SAFETY KLEEN SYSTEMS INC AUBURN 118101 LUST, UST, RCRA CORRACTS, RCR5A SQG 2 4200 1 207 316 GREEN RIVER COMMUNITY COLLEGE LUST, UST, RCRA SQG 5 2 4950 1 208 16 UTILITY VAULT Release 5 3 1200 1 212 308 RELEASE ERNS 5 3 2375 1 213 307 RELEASE ERNS 5 3 2450 1 214 41 BOEING COMMERCIAL AIRPLANES AUBURN Release 5 3 2700 1 1 196 CHURCH OF JESUS CHRIST LDS CSCSL 1 1 2 23 26 CANHAM PROPERTY CSCSL 1.5 1 1350 2 24 146 ARCO 6120 CSCSL NFA, UST, RCRA ND 1.5 1.5 925 2 25 25 AUBURN SHOPPING CENTER CSCSL NFA 1.5 1.5 2325 2 49 144 HOLIDAY CLEANERS CSCSL, RCRA CESQG 2 1 2 61 100 AUBURN AUTO WRECKING FORMER CSCSL 3 1 1450 2 62 102 ELECTROFINISHING CO CSCSL, CSCSL HSL, RCRA ND 3 1 1451 2 63 77 BROWN BEAR CAR WASH 5473 CSCSL NFA, LUST, UST 3 1.5 1300 2 64 82 AUBURN ABANDONED FIRE STA CSCSL NFA, LUST, UST 3 1.5 1525 2 65 83 AUBURN CITY MAINTENANCE FACILITY CSCSL NFA 3 1.5 1575 2 66 270 LAKE TAPPS GROCERY CSCSL NFA, UST 3 1.5 3200 2 67 271 LAKE TAPPS GROCERY CSCSL NFA, UST 3 1.5 3201 2 119 199 UNOCAL BULK PLANT 0028 CSCSL, LUST, UST, RCRA CESQG 4 1 975 2 120 163 WICKHAM & SONS CSCSL, LUST, UST, RCRA ND 4 1 1200 2 123 78 CENEX HARVEST STATES AUBURN CSCSL, CSCSL HSL, LUST, UST, DECISIONS, RCRA ND 4 1 1600 2 124 79 BURLINGTON NORTHERN RR AUBURN CSCSL, CSCSL HSL 4 1 1925 2 125 53 AUBURN VALLEY CHEVRON CSCSL NFA, UST, RCRA ND 4 1.5 575 2 126 332 LAKE TAPPS COUNTY PARK CSCSL NFA, UST 4 1.5 4850 2 127 333 LAKE TAPPS COUNTY PARK CSCSL NFA, UST 4 1.5 4850 2 141 8 TYEE LUMBER & MFG CSCSL, CSCSL HSL 5 1 950 2 142 14 AUBURN SALVAGE & RECYCLING CSCSL, CSCSL HSL 5 1 1075 2 144 1 DELTA TRAIN CORP CSCSL 5 1 1100 2 2 145 193 202 C ST NW DELS FARM SUPPLY CSCSL 5 1 1200 2 146 201 CUSTOM BUILT METALS CSCSL, UST 5 1 1400 2 147 298 CHEVRON 94998 CSCSL, LUST, UST, RCRA ND 5 1 1500 2 149 39 JACKPOT STATION 308 CSCSL, LUST, UST 5 1 2025 2 151 287 NORTHWEST PIPELINE ENUMCLAW BUCKLEY MS CSCSL, CSCSL HSL, RCRA ND 5 1 2400 2 155 69 BOEING COMPANY AUBURN CSCSL, CSCSL HSL, LUST, UST, RCRA CORRACTS, RCRA TSD, RCRA LQG 5 1 2900 1 2 156 249 TEX ENTERPRISES INC CSCSL, LUST, UST, RCRA CESQG 5 1 2900 2 2 158 175 LAKE TAPPS MINI MART CSCSL, LUST, UST 5 1 3500 2 159 317 NORTHWEST PIPELINE CORP SUMNER CS CSCSL, UST, RCRA ND 5 1 3800 2 160 243 WA DOT PARCEL 1-6361 AUBURN CSCSL 5 1 3900 2 161 236 PEASLEY CANYON OLD GAS STN CSCSL, CSCSL HSL 5 1 3950 2 162 436 STARROW ENTERPRISES INC CSCSL, RCRA ND 5 1 4100 1 2 163 437 MATLACK INC B STREET CSCSL, RCRA ND 5 1 4100 2 2 165 525 ALL AMERICAN HOMES CSCSL 5 1 4200 2 166 330 BELDEN PROPERTY CSCSL 5 1 4700 2 167 392 PUGET POWER AUBURN SERV CTR CSCSL, LUST, UST 5 1 5800 2 168 382 PROVISIONERS EXPRESS INC CSCSL NFA, UST 5 1.5 1450 2 169 149 THOROUGHBRED AUTO BODY CSCSL NFA, UST, RCRA SQG 5 1.5 1575 2 170 152 WR GRACE CSCSL NFA, RCRA ND 5 1.5 1650 2 171 207 CORTECH CSCSL NFA, UST 5 1.5 2275 2 172 276 PSE AUBURN OPERATING BASE CSCSL NFA, UST, RCRA ND 5 1.5 2900 1 2 173 45 ARCO 6093 CSCSL NFA, RCRA ND 5 1.5 2900 2 2 19 93 CITY OF AUBURN (CRITES-HUFF PROPERTY) USE RESTRICTION, BROWNFIELDS 1.5 1 1025 1 3 20 94 DELTA TRAIN CORP. USE RESTRICTION, BROWNFIELDS 1.5 1 1025 2 3 30 18 AUBURN (M&R STREET) SWLF KING 1.5 3 2100 3 35 36 RITE AID 5172 RCRA SQG 1.5 5 575 3 121 127 CRITES AUTO REBUILD (CITY OF AUBURN) USE RESTRICTION, BROWNFIELDS 4 1 1450 3 148 297 P-3/PARKWAY LLC PROPERTY USE RESTRICTION, BROWNFIELDS 5 1 1850 3 152 459 LA TERRA LIMITED PARCEL USE RESTRICTION, BROWNFIELDS 5 1 2401 3 153 460 402 MOUNTAIN VIEW DRIVE USE RESTRICTION, BROWNFIELDS 5 1 2402 3 154 461 ELECTROFINISHING COMPANY USE RESTRICTION, BROWNFIELDS 5 1 2403 3 Plate 1 Plate 2 Plate 3 Hazard Ranking Land Use/Site Description Map Reference No. Overall Ranking Source List 164 435 STARROW ENTERPRISES PROPERTY USE RESTRICTION, BROWNFIELDS 5 1 4100 3 3 209 386 INTERWEST DEVELOPMENT, INC. SWLF STATE 5 3 1500 3 210 387 INTERWEST DEVELOPMENT, INC. SWLF STATE 5 3 1500 3 211 31 AUBURN (ROTARY PARK) SWLF KING 5 3 2250 3 216 361 UAP DISTRIBUTION INC AUBURN RCRA SQG 5 5 750 1 3 217 5 GM NAMEPLATE INC AUBURN RCRA SQG, 5 5 750 2 3 224 362 AERO CONTROLS INC AUBURN RCRA SQG 5 5 1025 3 228 366 UNI SELECT NW DIVISION RCRA SQG 5 5 1100 2 3 277 319 MCKESSON CORPORATION RCRA SQG 5 5 2375 3 283 347 ROBERTS OLDS JEEP EAGLE RCRA SQG, UST 5 5 2625 1 3 297 248 J & J WOODWORKING INC RCRA SQG 5 5 2900 4 3 300 256 J & J WOODWORKING INC AUBURN RCRA SQG 5 5 2925 3 3 303 375 HINSHAWS HONDA SHOP RCRA SQG 5 5 3050 3 308 57 US FAA AUBURN RCRA SQG 5 5 3400 3 320 377 US EPA EDWARDS RD RCRA SQG 5 5 4300 3 21 91 KING CO-FEDERAL WAY LDFL (CLOSED) CERCLIS NFRAP 1.5 1 1075 1 4 22 92 BAHNMILLER AUTOBODY WORKSHOP CERCLIS NFRAP 1.5 1 1075 2 4 60 188 AUBURN INK SITE CERCLIS NFRAP 3 1 975 4 118 203 GROW GROUP INC CERCLIS NFRAP 4 1 950 4 122 55 HARTUNG PROPERTIES CERCLIS NFRAP 4 1 1525 4 140 7 TYEE LUMBER & MANUFACTURING CERCLIS NFRAP, 5 1 950 4 143 343 ESPRI INC CERCLIS NFRAP 5 1 1100 1 4 150 458 WEST VALLEY HWY SITE CERCLIS NFRAP 5 1 2300 4 157 70 BOEING COMPANY AUBURN CERCLIS NFRAP 5 1 3100 4 34 49 PCL CONSTRUCTION SERVICES INC RCRA ND 1.5 5 50 5 37 113 1342 SE 3RD ST AUBURN RCRA ND 1.5 5 1350 5 53 182 GOSNEY MOTOR PARTS INC RCRA ND 2 5 450 5 54 2 ROHR INC RCRA LQG, UST 2 5 510 5 55 169 VICS RADIATOR AUBURN RCRA ND 2 5 600 5 80 233 MIL LOR CO INC RCRA ND 3 5 525 5 81 250 MOHAWK NORTHERN PLASTICS INC RCRA LQG 3 5 625 5 84 159 W MAIN ST AUBURN RCRA ND 3 5 1000 5 87 506 FEDERAL WAY WATER DIST 305TH S RCRA LQG 3 5 1200 1 5 88 140 BILLS REPAIR 132ND RCRA ND 3 5 1200 2 5 89 139 DALES AUTOBODY RCRA ND 3 5 1200 3 5 90 123 SCHUCKS AUTO SUPPLY 4204 RCRA ND 3 5 1225 5 95 101 ARD LLC RCRA ND 3 5 1650 5 96 99 PUGET SOUND RECYCLING RCRA ND 3 5 1700 5 131 167 LINCOLN APARTMENTS RCRA ND 4 5 1200 5 132 52 US EPA HARTUNG PROPERTY AUBURN RESIDENT RCRA LQG 4 5 1250 5 133 63 STEVES QUALITY AUTO REFINISHIN RCRA ND 4 5 1850 5 134 106 ASSOCIATED SIGN GRAPHICS RCRA ND 4 5 1950 5 218 354 CUSTOM FABRICATION & WELDING RCRA LQG 5 5 800 1 5 220 355 TR EGGERT CONSTRUCTION INC RCRA ND 5 5 800 3 5 222 357 FISHER SERVICE CO RCRA ND 5 5 1000 2 5 223 351 AMERICAN TRANSPORT RCRA ND 5 5 1005 5 225 370 AERO CONTROLS INC RCRA ND 5 5 1050 5 229 290 VILLA DRY CLEANERS RCRA ND 5 5 1150 5 232 3 RECYCLING TECHNOLOGIES RCRA ND 5 5 1200 5 234 400 NORTHWEST TECHNICAL PLASTICS RCRA LQG 5 5 1225 2 5 235 401 AERO INTERIOR CORP RCRA ND 5 5 1225 3 5 237 19 WA GA STATE SURPLUS RCRA ND 5 5 1325 1 5 238 292 ERNST HOME NURSERY 248 RCRA ND 5 5 1325 2 5 240 369 TRM COPY CENTERS USA CORP RCRA ND 5 5 1375 2 5 241 324 AIM AVIATION AUBURN INC W VALLEY RCRA ND 5 5 1400 1 5 242 390 RWG ENTERPRISES INC RCRA ND 5 5 1400 2 5 244 299 AUBURN CAR CORNER RCRA ND 5 5 1500 2 5 246 393 IMAGETECH RCRA ND 5 5 1600 5 247 181 KING CNTY AMBULANCE CO AUBURN RCRA ND 5 5 1625 1 5 253 246 LEONARDS METAL INC RCRA ND 5 5 1800 5 254 251 HENRY COMPANY RCRA LQG 5 5 1805 5 255 314 MALONES FINE DRY CLEANING RCRA ND 5 5 1825 1 5 256 225 AUBURN CITY AUBURN WAY S RCRA ND 5 5 1825 2 5 257 172 NATIONAL CONCRETE CUTTING INC RCRA LQG 5 5 1925 1 5 259 29 ZIP VAC INC RCRA ND 5 5 1950 5 260 194 PUGET SOUND OIL CO INC RCRA ND 5 5 2000 1 5 261 160 BURKE GIBSON INC RCRA LQG 5 5 2000 2 5 262 212 PORT CITY EXPRESS INC RCRA ND 5 5 2100 5 263 326 VALLEY COLLISION CENTER RCRA ND 5 5 2125 1 5 264 34 AUBURN STOR MORE RCRA LQG 5 5 2125 2 5 266 32 US NAVY SEADET PERA CV AUBURN RCRA LQG 5 5 2175 1 5 268 309 UPS SUPPLY CHAIN SOLUTIONS AUBURN 2 RCRA ND 5 5 2200 5 269 215 DIVISION TRANSPORT RCRA ND 5 5 2205 1 5 270 214 MS CARRIERS SEATTLE RCRA ND 5 5 2205 2 5 273 95 SONOCO PRODUCTS CO AUBURN RCRA ND 5 5 2300 1 5 274 328 ROYAL A DRUG LAB RCRA ND 5 5 2300 2 5 275 322 AERO CONTROLS INC 20TH ST NW RCRA LQG 5 5 2350 1 5 279 342 AUBURN NATIONAL AUTO PARTS RCRA ND 5 5 2475 1 5 282 191 BERRY GOOD PRODUCTS LP RCRA LQG 5 5 2600 5 284 168 GREEN VALLEY RD ABANDONED CONTAINERS RCRA ND 5 5 2625 2 5 285 198 MCCLARY COLUMBIA CORP AUBURN RCRA LQG 5 5 2650 1 5 287 349 AUBURN DRUG LAB 0190 RCRA ND 5 5 2650 3 5 288 195 RENTAL SERVICES 568 RCRA ND 5 5 2675 5 289 234 FEDERAL WAY DISPOSAL CO INC RCRA ND 5 5 2700 1 5 290 348 TAYLOR AUBURN AUTO BODY RCRA ND 5 5 2700 2 5 292 358 KIRMACS FITZ AUTO REBUILD RCRA LQG 5 5 2775 5 294 288 NORTHWEST PIPELINE CORP ENUMC RCRA ND 5 5 2900 1 5 295 318 AUBURN PAINT RCRA ND 5 5 2900 2 5 296 247 ASSOCIATED TRUCK RCRA ND 5 5 2900 3 5 301 74 SUPERVALU FROZEN FOODS RCRA LQG, UST 5 5 2950 5 302 135 WAL MART 2385 RCRA ND 5 5 3000 5 305 51 FOREST VILLA CLEANERS LAUNDERETTE RCRA ND 5 5 3150 2 5 309 65 BEHR PROCESS CORP RCRA ND 5 5 3450 5 311 289 KING CNTY PATTEN BRG NO 3015 RCRA ND 5 5 3700 5 312 229 BUCK BAKER TRUCKING RCRA ND 5 5 3800 5 314 223 HWY 167 MEDIAN WASTE RCRA ND 5 5 4050 5 315 501 WEYERHAEUSER DUMP SITE RCRA ND 5 5 4125 5 319 528 BOEING CO FEDERAL WAY SITE RCRA ND 5 5 4200 5 322 487 WICKHAM SONS RCRA ND 5 5 4525 5 323 413 HOMEBASE 49 RCRA ND 5 5 4575 1 5 324 109 WILSONART INTERNATIONAL INC RCRA ND 5 5 4575 2 5 326 286 KING CNTY NEELY BRG 3014 RCRA ND 5 5 4875 5 327 499 WEYERHAEUSER TECHNOLOGY CENTER RCRA LQG 5 5 5400 5 328 412 NORTHWEST PIPELINE CORP AUBURN RCRA LQG 5 5 5850 5 330 500 ALGEMENE BANK NEDERLAND NV RCRA ND 5 5 7600 2 5 4 197 B & G CLEANERS RCRA CESQG 1 5 6 36 30 MIKES HONDA PARTS INC RCRA CESQG 1.5 5 1275 6 50 219 SCARFF FORD ISUZU RCRA CESQG, UST 2 5 300 6 51 192 AUBURN SCHOOL DIST 408 AUBURN HS RCRA CESQG, UST 2 5 350 6 52 205 GOODYEAR GEMINI AUTO SERVICE RCRA CESQG, UST 2 5 375 6 77 244 AUBURN FOREIGN CAR INC RCRA CESQG 3 5 375 6 78 275 AUBURN ONE HOUR CLEANERS RCRA CESQG 3 5 450 1 6 79 43 AUBURN MUFFLER & BRAKE INC RCRA CESQG 3 5 450 2 6 83 134 FRONTIER CLEANERS RCRA CESQG 3 5 925 6 85 120 TEXACO STATION 632320508 RCRA CESQG, UST 3 5 1050 6 86 72 U HAUL CO OF AUBURN RCRA CESQG, UST 3 5 1150 6 91 76 CAR WASH ENTERPRISES CWE RCRA CESQG 3 5 1300 1 6 93 107 UNOCAL SS NO 5377 RCRA CESQG, UST 3 5 1325 6 94 114 AUBURN SUNSHINE CTR CLEANERS RCRA CESQG 3 5 1350 6 97 90 BNSF RAILWAY COMPANY AUBURN1 RCRA CESQG 3 5 1750 6 130 202 GROW GROUP INC CONSUMER PROD D RCRA CORRACTS, UST, RCRA ND 4 5 975 6 219 9 VALLEY AUTO REBUILD RCRA CESQG 5 5 800 2 6 221 344 TOM CRAFT CONSTRUCTION RCRA CORRACTS, RCRA ND 5 5 1000 1 6 226 353 ALLIANCE ENVIRONMENTAL SERVICE RCRA CESQG 5 5 1075 6 227 378 SOUTHEND MACHINE INC RCRA CESQG 5 5 1100 1 6 230 28 BERNARD MOTORS RCRA CESQG 5 5 1175 1 6 231 265 UNITED STATES GYPSUM CO RCRA CESQG 5 5 1175 2 6 233 399 AIM AVIATION AUBURN INC RCRA CESQG 5 5 1225 1 6 236 381 BRANDRUD FURNITURE INC RCRA CESQG 5 5 1250 6 239 368 COMPOSITE SOLUTIONS CORP RCRA CESQG 5 5 1375 1 6 243 204 U HAUL ABURN RERS RCRA CESQG 5 5 1500 1 6 245 391 COMPETITION SPECIALTIES RCRA CESQG 5 5 1575 6 249 300 GREASE MONKEY AUBURN RCRA CESQG 5 5 1650 6 250 272 PENINSULA TRUCK LINES AUBURN RCRA CESQG 5 5 1700 1 6 Plate 4 Plate 5 Plate 6 251 17 UTILITY VAULT CO RCRA CESQG, UST 5 5 1700 2 6 258 304 PHILIPS ORAL HEALTHCARE DISTRIBUTION CTR RCRA CESQG 5 5 1925 2 6 265 24 THOROUGHBRED COLLISION CTR RCRA CESQG 5 5 2150 6 267 325 SUNSET DAEWOO OF AUBURN RCRA CESQG, UST 5 5 2175 2 6 271 217 FAIRWAY ORNAMENTAL IRON INC CLAY ST RCRA CESQG 5 5 2225 6 272 208 BNSF RAILWAY COMPANY AUBURN RCRA CESQG 5 5 2250 6 276 329 NORTHWEST PROPELLER SERVICE INC RCRA CESQG 5 5 2350 2 6 280 59 GSA AUBURN PROPERTY MGMT TEAM RCRA CESQG 5 5 2475 2 6 286 235 AUBURN ADVENTIST ACADEMY RCRA CESQG 5 5 2650 2 6 291 352 CASCADE MIDDLE SCHOOL AUBURN RCRA CESQG 5 5 2700 3 6 298 253 EAGLE HYDRAULICS INC RCRA CESQG 5 5 2925 1 6 299 242 AC WRIGHT & SONS INC RCRA CESQG 5 5 2925 2 6 304 54 CIRCLE K 01477 RCRA CESQG 5 5 3150 1 6 306 380 ARMSTRONG LUMBER CO INC AUBURN WA RCRA CESQG, UST 5 5 3225 6 310 260 NATIONAL CONSTRUCTION RENTALS RCRA CESQG 5 5 3525 6 313 281 AUBURN REGIONAL MEDICAL CENTER RCRA CESQG, UST 5 5 4000 6 316 110 KITS CAMERAS 1025 RCRA CESQG 5 5 4150 1 6 317 89 THARCO CONTAINERS COLORADO INC RCRA CESQG 5 5 4150 2 6 318 111 SAMS CLUB 6688 AUBURN RCRA CESQG 5 5 4150 3 6 321 339 PIERCE CNTY FIRE DIST 22 LAKE TAPPS RCRA CESQG, UST 5 5 4400 6 325 130 CLEAN HARBORS ENVIRONMENTAL SERVICES INC RCRA CESQG 5 5 4825 6 329 522 BADEN SPORTS INC RCRA CESQG 5 5 7600 1 6 38 50 AUBURN VALLEY YMCA UST 1.5 6 225 7 39 66 GREEN RIVER HOMES UST 1.5 6 350 7 40 27 7 ELEVEN STORE 230314481L UST 1.5 6 1200 7 41 218 CORLISS REDI MIX INC UST 1.5 6 1275 7 42 227 FRITO LAY SALES DIST CENTER UST 10545 UST 1.5 6 1299 7 43 105 ART FETTER LOGGING CO INC UST 1.5 6 1300 7 44 224 DASCOMP INC UST 1.5 6 1301 7 45 226 WR GRACE & CO CONST PROD DIV UST 1.5 6 1302 7 46 277 LEA HILL PUMP STATION UST 1.5 6 1510 7 56 263 GREEN RIVER AUTOMOTIVE UST 2 6 300 7 57 171 PHILLIPS 66 COMPANY SS070816 UST 2 6 625 7 58 141 EAST MAIN SHORT STOP UST 2 6 650 7 59 145 AUBURN TIRE CENTER FORMER UST 2 6 675 7 82 138 NORAL PRECISION UST, RCRA ND 3 5 750 7 92 133 QWEST COMMUNICATIONS W00015 UST, RCRA ND 3 5 1300 2 7 98 15 SITE SE12 BOTHELL UST 3 6 200 7 99 40 ROGERS FURNITURE UST 3 6 425 7 100 269 FRED MEYER FUEL UST 3 6 590 7 101 267 7 ELEVEN FOOD STORE 230320249 UST 3 6 600 7 102 173 LYLE & LOUISE SCHNEIDER UST 3 6 725 7 103 360 AT&T WIRELESS AUBURN 2 UST 3 6 800 7 104 150 WEST MAIN SHORT STOP UST 3 6 890 7 105 136 SAFEWAY FUEL CTR 531 UST 3 6 900 7 106 153 VENTURE CONSTRUCTION INC UST 3 6 950 1 7 107 154 PALMER G LEWIS CO INC UST 3 6 950 2 7 108 151 DISTRICT OFFICE REDONDO UST 3 6 1000 7 109 158 CAVANAUGH ACE HARDWARE UST 3 6 1025 7 110 165 AUBURN CITY PARKS UST 3 6 1125 7 111 112 Q LUBE 1540 UST 3 6 1200 7 112 75 7 ELEVEN STORE 230325087J UST 3 6 1350 7 113 103 BURLINGTON NORTHERN RAILROAD UST 10211 UST 3 6 1675 7 114 98 QUICK STUFF 7758 UST 3 6 1700 7 135 60 RENTAL MARTS UST 4275 UST 4 6 825 7 136 284 MILES SAND & GRAVEL COMPANY INC AUBURN UST 4 6 900 7 137 155 SKAAR CONST INC UST 4 6 1275 7 138 143 AUBURN PRINT466 LS51 3RDSUB MP 22 UST 4 6 1310 7 139 64 TERN BOAT PROPERTY UST 4 6 1875 7 248 305 MASTER TECH UST, RCRA ND 5 5 1625 2 7 252 301 ARCO 5926 PSI 5435 UST, RCRA ND 5 5 1750 7 278 340 OLYMPIC AUTO BODY UST, RCRA ND 5 5 2450 7 281 262 AUBURN ADVENTIST ACADEMY WYMAN DR UST, RCRA ND 5 5 2525 7 293 238 WASTE MANAGEMENT OF SOUTH KING CNTY UST, RCRA ND 5 5 2850 7 307 282 AUBURN CITY MOUNTAIN VIEW CEMETERY UST, RCRA ND 5 5 3300 7 331 13 AUBURN ELECTRIC UST 5 6 800 7 332 231 FUEL FARM UST 5 6 1175 7 333 294 FIRESTONE STORE 31E9 010944 UST 5 6 1500 7 334 180 HENRY F KRATOVEL UST 5 6 1525 7 335 245 HUGH MCNIVEN COMPANY AUBURN UST 5 6 1825 1 7 336 254 VALCO CORP UST 5 6 1825 2 7 337 22 COOLS INC UST 5 6 2050 7 338 23 AUBURN CITY UST 425547 UST 5 6 2055 7 339 374 HUBNER BROTHERS CONSTRUCTION INC UST 5 6 2075 7 340 327 PRECISION TUNE CLOSED UST 5 6 2300 7 341 58 US GSA AUBURN UST 5 6 2400 1 7 342 222 SCHNEIDER SPECIALIZED CARRIERS AUB UST 5 6 2400 2 7 343 363 AUBURN MOBILE HOMES INC UST 5 6 2925 7 344 84 ELEPHANT CAR WASH AUBURN UST 5 6 3450 7 345 87 TEXACO STAR MART UST 535577 UST 5 6 3500 7 346 80 MBM INC PROFICIENT FOODS CO UST 5 6 3600 7 347 310 VALLEY AUTO REBUILD INC UST 5 6 3675 7 348 311 FIRE STATION 2 SUMNER UST 5 6 3700 7 349 383 BROWNS CORNER SHORT STOP UST 5 6 4000 7 350 221 BROOKSIDE DELI & GAS 619 UST 5 6 4350 7 351 268 FENSTER UST 5 6 4825 7 352 531 EVERGONE INC FED WAY UST 5 6 8000 7 2 539 Unsewered Areas 1 4 0 Figure 3 3 536 Fulmer Field Corrosion Control Facility 1 4 150 Figure 4 5 540 Light Commercial 1 7 0 Figure 4 6 541 Transportation Corridors 1 7 10 Figure 4 7 542 Gravel Quarries and Mines 1 7 100 Figure 4 8 543 Heavy Commercial 1 7 550 Figure 4 9 544 Downtown 1 7 700 Figure 4 10 545 Public and Quasi-public 1 8 0 Figure 4 11 546 Rural 1 8 800 Figure 4 12 547 Stormwater 1 9 Figure 4 13 548 Sewer Mains 1 10 1 Figure 4 14 549 Single-Family Residential 1 10 50 Figure 4 15 550 High-Density Residential 1 10 100 Figure 4 16 551 Moderate-Density Residential 1 10 101 Figure 4 17 552 Office Residential 1 10 102 Figure 4 18 553 Neighborhood Commercial 1 10 103 Figure 4 31 534 37th Street SE Stormwater Facility 1.5 4 2200 Figure 4 32 537 Howard Road Corrosion Control Facility 1.5 4 2800 Figure 4 33 532 Riverwalk Regional Storm Facility 1.5 4 3300 Figure 4 47 535 Game Farm Park 1.5 8 2500 Figure 4 48 554 Open Space 1.5 15 Figure 4 115 555 Heavy Industrial 3 7 1800 Figure 4 116 538 BP Olympic Liquid Gas Pipeline Liquid Gas 3 7 2000 Figure 4 117 556 Light Industrial 3 7 3000 Figure 4 215 533 21st Street SE Stormwater Facility 5 4 2500 Figure 4 Figures 3 and 4 Plate 7 Appendix L WATER QUALITY MONITORING PLAN Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems Prepared For: Auburn Water Utility Maintenance and Operations 1305 “C” Street S.W. Auburn, WA 98001 (253) 876-1998 System ID Numbers: City of Auburn 03350V Hidden Valley 03336E Counties: King Pierce Water Supervisor: Allen Hunter, WSDOH Certificate Number 9698 Water Utility Engineer: Cynthia Lamothe P.E., Utilities Engineer Prepared By: Chris Thorn Water Quality Programs Coordinator Department of Public Works 25 West Main Street Auburn, WA 98001-4998 (253) 804-5065 Preparation Date: February 11, 2000 Latest Revision: March 4, 2008 1 Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems Summary 1 System Information 2 Monitoring Parameters 3 Routine Monitoring Protocol 4 Monitoring Waivers 5 Sample Analysis 6 Monitoring Schedule 7 Documentation and Record Keeping 8 Plan Maintenance Attachments Water System Monitoring Schedule Monitoring Request Form Procedures WQM-01 Coliform Monitoring WQM-02 Inorganic Chemical and Physical Parameter Monitoring WQM-02a Asbestos Monitoring WQM-02b Nitrate/Nitrite Monitoring WQM-03 Trihalomethane Monitoring (Replaced by D/DBP Monitoring) WQM-04 Volatile Organic Chemical Monitoring WQM-05 Synthetic Organic Chemical Monitoring WQM-06 Radionuclide Monitoring WQM-07 Residual Disinfection Concentration Monitoring Appendix A. 2005 – 2007 Monitoring Waiver Application B. Stage 1 Disinfectants /Disinfection Byproduct Rule Monitoring Plan 2 Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems Summary The goal of this water quality monitoring plan is to protect our customers through early detection of contaminants that may threaten public health. Early detection will allow public notification if warranted and a prompt and cost effective remedy to the problem. This plan has been written to comply with Washington State Department of Health regulations that require Group A Public Water Systems to prepare written monitoring plans for certain water quality parameters. Regulations governing Group A Public Water System monitoring are found in Chapter 246-290 of the Washington Administrative Code (WAC), and in the Code of Federal Regulations (CFR) Protection of Environment Sections and Subsections of Title 40 Parts 141 and 143. Section 1 of the plan provides information about the water system and our sources of supply. Sections 2 through 6 cover which parameters are to be analyzed, monitoring protocol, waivers that modify the sampling requirements, where our samples are analyzed, and scheduling. Sections 7 and 8 discuss record keeping and plan updates. Included as attachments are parameter specific monitoring plans. This plan provides Auburn’s water system operators with the information required to ensure that monitoring occurs for the required parameters, that the sample collection and analysis is done correctly, that the monitoring is done at the required time, and that the required records are maintained. 1 System Information The City of Auburn Water Division (system) is classified as a Group A Public Water System by the Washington State Department of Health (DOH). The system has approximately 13,000 connections serving around 45,000 customers. It provides wholesale water to the City of Algona, King County Water District #111, and Covington Water District. Interties exist between the Auburn system and the City of Kent, City of Bonney Lake, Lakehaven Utility District and City of Pacific for emergency purposes. Auburn also owns and and operates a satellite Group A Public Water System serving a 13 lot development that currently has 11 water services in southeast Auburn. The development is served by the Hidden Valley (AKA Braunwood, AKA Saltmark) well. The service areas of the two systems are described as follows: 1. Valley Service Area – served by Reservoirs No. 1 and 2 and all supply sources except Wells No. 5, No. 5A, No. 5B (unless pressure in the Valley Service Area falls below 35 psi) and Hidden Valley. 3 Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems 2. Academy Service Area – served by Academy Reservoirs 1.0 MG and 1.5 MG which are supplied water from Reservoir No. 1 through the Academy Pump Stations. 3. Lea Hill Service Area – served by the Lea Hill and Green River pump stations from the Valley Service Area. Storage is provided by Lea Hill Reservoirs 1.0 MG and 1.5 MG. 4. Lakeland Hills Service Area – served by Wells No. 5, No. 5A, No. 5B and the Lakeland Hills Reservoir. Water from this system can enter the Valley Service Area through pressure reducing valves if the pressure in the Valley Service Area drops below 35 psi. 5. Covington Service Area – this interruptible wholesale customer is served via intertie with the Lea Hill Service Area. Supply is delivered from the Green River and Lea Hill pumpstations from the Valley Service Area, and the Intertie pumpstation. 6. Water District #111 Service Area – this interruptible wholesale customer is served via intertie with the Lea Hill Service Area. Supply is delivered from the Green River and Lea Hill pumpstations from the Valley Service Area, and the Intertie pumpstation. 7. Algona Service Area – this wholesale customer is served via interties with the Valley Service Area. 8. Hidden Valley Acres Service Area – this is a satellite Group A Public Water System serving 11 domestic services and 1 irrigation meter with water from the Hidden Valley well and reservoir. Water is provided by a combination of thirteen sources, which include eleven wells and two springs. Table 1.1 provides source identification, category and location information. 4 Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems Auburn Water Division System 03350V DOH ID Water Utility ID Source Category Well Depth ¼, ¼ Sec Sec. No. TWP. RNG. S01 Coal Creek Springs (CCS) Spring NA SE/SW 28 21N 05E S02 West Hill Springs (WHS) Spring NA SW/NE 11 21N 04E S03 Well No. 1 Well 134’ NE/NE 19 21N 05E S05 Well No. 3A Well 365’ NE/SW 30 21N 05E S06 Well No. 5 Well 325’ SW/SE 31 21N 05E S07 Well No. 4 Well 320’ NW/NE 30 21N 05E S08 Well No. 3B Well 375’ NE/SW 30 21N 05E S10 Well No. 5A Well 565’ SE/SE 34 21N 05E S13 Well No. 5B Well 781’ SW/NE 06 20N 05E S14 Well No. 2 Well No. 7 Well No. 6 Wellfield 290’ 300’ 298’ NW/NE NE/NW NW/NE 18 18 18 21N 21N 21N 05E 05E 05E Hidden Valley Satellite System 03336E DOH ID Water Utility ID Source Category Well Depth ¼, ¼ Sec Sec. No. TWP. RNG. S01 Hidden Valley Well 352’ SE/NE 33 21N 05E Table 1.1 Source Information Water quality treatment is provided to address three issues, control of biological organisms, manganese removal and reduction of water corrosiveness. Auburn utilizes chlorination for control of biological organisms throughout the distribution system. Water from Coal Creek Springs and Wells 2, 6 and 7 is processed at two corrosion control facilities via air-stripping towers to remove naturally occurring carbon dioxide (CO2). Removing CO2 from our water increases the pH making the water less corrosive to copper and lead solder in our customers piping. Water from Well No. 5B is treated by pressure filtration to remove iron and manganese. Service area and treatment information are provided in Table 1.2. 5 Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems Auburn Water Division System 03350V DOH ID Water Utility ID Service Area Treatment S01 Coal Creek Springs (CCS) All except Lakeland and Hidden Valley pH adjustment via Airstripping and Gas Chlorination S02 West Hill Springs (WHS) All except Lakeland and Hidden Valley Gas Chlorination S03 Well No. 1 All except Lakeland and Hidden Valley None S05 Well No. 3A All except Lakeland and Hidden Valley None S06 Well No. 5 Lakeland Hills None S07 Well No. 4 All except Lakeland and Hidden Valley Gas Chlorination S08 Well No. 3B All except Lakeland and Hidden Valley None S10 Well No. 5A Lakeland Hills Sodium Hypochlorite S13 Well No. 5B Lakeland Hills Iron and Manganese Pressure Filtration and Sodium Hypochlorite S14 Well No. 2 Well No. 6 Well No. 7 All except Lakeland and Hidden Valley pH adjustment via Airstripping and Sodium Hypochlorite Hidden Valley Satellite System 03336E DOH ID Water Utility ID Service Area Treatment S01 Hidden Valley Hidden Valley Acres Sodium Hypochlorite Table 1.2 Service Area and Treatment Water storage is provided by eight reservoirs located throughout the water service area. Table 1.3 provides reservoir names, service areas, and volumes. 6 Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems Auburn Water Division System 03350V Reservoir Service Area Volume Reservoir No. 1 Valley 5.0 MG Reservoir No. 2 Valley 3.6 MG Lea Hill Reservoir 1.0 Lea Hill 1.0 MG Lea Hill Reservoir 1.5 Lea Hill 1.5 MG Academy Reservoir 1.0 Academy 1.0 MG Academy Reservoir 1.5 Academy 1.5 MG Lakeland Hills Reservoir Lakeland Hills 1.0 MG Hidden Valley Satellite System 03336E Reservoir Service Area Volume Hidden Valley Reservoir Hidden Valley Acres 33,000 gal. Table 1.3 Reservoir Information 2 Monitoring Parameters Monitoring parameters, analysis methods and sampling frequency are based on regulations from the DOH as provided in Chapter 246-290 Washington Administrative Code (WAC). These supplement the Code of Federal Regulations (CFR) Protection of Environment Sections and Subsections of Title 40 Parts 141 and 143. We are currently required to monitor for the following types of parameters: • bacteriological (coliform) • chlorine residual • inorganic chemical /physical parameters • disinfection byproducts • organic chemicals (volatile and synthetic organics) • unregulated chemicals • radionuclides 3 Routine Monitoring Protocol Samples are collected at the source unless otherwise specified in the monitoring procedures. The monitoring procedures for specific parameters that are attached to this document provide guidance on where in the system, or from which sources, the samples are collected, and whether the samples are collected before or after treatment. Methods of collection, sampling containers, preservatives, sample handling and holding times allowed are consistent with industry standards. Sampling instructions are included with the specific monitoring procedures. 7 Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems 4 Monitoring Waivers Monitoring waivers allow reduced monitoring frequency based on the presumption that certain contaminants are not present in the region, a source is protected from potential contamination, and/or historical monitoring data indicates no detection’s. Auburn has applied for waivers during the 2005 – 2007 compliance cycle (see Appendix A). 5 Sample Analysis Sample analysis is performed at the DOH certified laboratories listed in Table 5.1. Analysis Laboratory Address/Phone Bacteriological (Coliform) Inorganic Chemical and Physical Synthetic Organic (SOC) Disinfection Byproducts Volatile Organic (VOC) Water Management Laboratories 1515 – 80th St E Tacoma, WA 98404 tel: (253) 531-3121 Asbestos Lab /Cor Inc. 7619 6th St NW Seattle, WA 98117 tel: (206) 781-0155 Radionuclide Washington State Department of Health -Public Health Laboratories 1610 NE 150th St Seattle, WA 98155-9701 tel: (206) 361-2898 Table 5.1 Laboratory Information 6 Monitoring Schedule Monitoring frequency varies depending upon the constituent being monitored and whether a monitoring waiver has been granted. Note: If a source is not used during a monitoring period the Utility must notify the Dept of Health that the source wasn’t used and request that they override the sampling requirement. Coliform testing is conducted in five sampling areas consisting of all, or combinations of portions of the water service areas. Coliform is tested in one distribution system sampling area per week during the first four weeks of the month, so that the entire system, and the Hidden Valley system, is tested every month. Coliform sampling sites are listed in a table attached to the Coliform Monitoring Procedure. 8 Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems Inorganic chemicals are required to be tested once every 36 months, though we have typically tested for inorganics annually. Nitrates and disinfection byproducts are tested once every twelve months. Asbestos is tested once every nine (9) years. Volatile organic chemicals are tested once every 36 months, except for Wells No. 2 and 6, which are tested once every 12 months. Synthetic organic chemicals are tested twice every thirty-six months unless the City receives a monitoring waiver from the Washington State Department of Health. Radium 228 is tested twice every 36 months. Residual disinfection concentration testing is conducted daily (Monday through Friday) at the chlorinated sources for dosing concentrations, and chlorine residual is sampled when the system coliform sample is collected. Sources that are operated to meet seasonal demand (and may not be utilized in a particular year or monitoring period), must be sampled after they are put into operation. When the source begins supplying water to the distribution system a coliform sample must be collected and IOC and VOC sample containers requested from the lab. Sample for IOC’s and VOC’s when the containers are available if the source is still in operation. Any seasonal sources that are not used during a compliance period must obtain an extension of the monitoring compliance period from DOH (see note above). 7 Documentation and Record Keeping Chlorination station dosing and turbidity sample results are reported monthly to the DOH on the Chlorination Plant & Turbidity Report form provided by DOH. Copies of the Chlorination Plant & Turbidity Report will be maintained at the Maintenance and Operation facility for five years minimum, before disposal (per WAC 246-290-480). Records of corrosion control facility discharge pH levels are recorded and maintained at the Maintenance and Operation facility for a minimum of twelve (12) years in accordance with CFR Title 40 Section 141.91. Results from bacteriological samples (coliform) collected from the distribution system will be kept on file at the Maintenance and Operation facility in files separated by year. After the five-year minimum maintenance period the results will be archived for a minimum of five additional years before disposal. Original chemical analysis laboratory reports will be kept on file at the Maintenance and Operation facility in files separated by year. Chemical analysis reports are to be kept indefinitely (per WAC 246-290-480). On an annual basis, copies of the laboratory reports will be forwarded to the Water Quality Programs Coordinator for inclusion in a water quality database. 9 Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems 8 Plan Maintenance This water quality monitoring plan will be reviewed and updated by the Water Quality Programs Coordinator as required every five years, or as needed based upon revisions to State or Federal regulations, changes to the water distribution system or significant changes to the plan. H:\STAFFFILES\WQ\UTILITY -WATER\WQPROG\MONITORING PLAN\WQPROGRAM 061306.DOC CJT 10 Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems Attachments Water System Monitoring Schedule Monitoring Request Form Procedures WQM-01 Bacteriological (Coliform) Monitoring WQM-02 Inorganic Chemical and Physical Parameter Monitoring WQM-02a Asbestos Monitoring WQM-02b Nitrate/Nitrite Monitoring WQM-03 Trihalomethane Monitoring (Replaced by D/DBP Monitoring) WQM-04 Volatile Organic Chemical Monitoring WQM-05 Synthetic Organic Chemical Monitoring WQM-06 Radionuclide Monitoring WQM-07 Residual Disinfection Concentration Monitoring Appendix A. 2005 – 2007 Monitoring Waiver Application B. Stage 1 Disinfectants /Disinfection Byproduct Rule Monitoring Plan 11 Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems Water System Monitoring Schedule 12 Asbestos VOC-524.2 S01 CCS X X X S02 WHS X X X S03 W#1 S14 W#2 X X X X X X S05 W#3A S06 W#5 X X X S07 W#4 X X X S08 W#3B S10 W#5A X X X S13 W#5B X S14 W#7 X X X X S14 W#6 X X X X X X X X X SOC-515.1 S01 CCS X X S02 WHS X X S03 W#1 S14 W#2 X X S05 W#3A S06 W#5 X X S07 W#4 X X S08 W#3B S10 W#5A X X S13 W#5B S14 W#7 X X S14 W#6 X X X X SOC-525.1 S01 CCS X X S02 WHS X X S03 W#1 S14 W#2 X X S05 W#3A S06 W#5 X X S07 W#4 X X S08 W#3B S10 W#5A X X S13 W#5B S14 W#7 X X S14 W#6 X X X X Not used Not used Not used Not used Not used Not used Not used Not used Not used 2008 2009 Braunwood Not used Not used Not used Not used Not used Not used Braunwood Not used Not used Not used 2006 2007 Braunwood Not used Not used Not used Not used Not used Not used Not used 2002 2003 2004 2005 Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used State Waiver through 2010 2010 Not used Not used Not used Not used used H:\WQ\PROJECTS\WQPROG\WQ SAMPLING CHECKLIST 2006.XLS 4/15/2008 2002 2003 2004 2005 2006 2007 2008 2009 2010 SOC-531.1 S01 CCS X X S02 WHS X X S03 W#1 S14 W#2 X X S05 W#3A S06 W#5 X X S07 W#4 X X S08 W#3B S10 W#5A X X S13 W#5B S14 W#7 X X S14 W#6 X X X X IOC S01 CCS X X X X X S02 WHS X X X X X S03 W#1 X S14 W#2 X X X X X S05 W#3A X S06 W#5 X X X X X S07 W#4 X X X X X S08 W#3B X S10 W#5A X X X X X S13 W#5B X S14 W#7 X X X X X S14 W#6 X X X X X X X X X NitrateS01 CCS X X X X X X S02 WHS X X X X X X S03 W#1 X S14 W#2 X X X X X X S05 W#3A X S06 W#5 X X X X X X S07 W#4 X X X X X X S08 W#3B X S10 W#5A X X X X X X S13 W#5B X X S14 W#7 X X X X X X S14 W#6 X X X X X X X X X X X Not used Not used Not used Not used Not used Not used Not used Not used Not used Braunwood Not used Not used Not used Braunwood Not used Not used Not used Braunwood Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used Not used H:\WQ\PROJECTS\WQPROG\WQ SAMPLING CHECKLIST 2006.XLS 4/15/2008 2002 2003 2004 2005 2006 2007 2008 2009 2010 Radionuclides S01 CCS X X X S02 WHS X X X S03 W#1 X S14 W#2 X X X S05 W#3A X S06 W#5 X X X S07 W#4 X X X S08 W#3B X S10 W#5A X X X S13 W#5B X S14 W#7 X X X X X S14 W#6 X X X X X X THMPS01 CCS X X S02 WHS X X S03 W#1 X S04 W#2 X X S05 W#3A X S06 W#5 S07 W#4 X X S08 W#3B X S10 W#5A S11 W#7 X X S12 W#6 X X X DBP (TTHM and HAA5) 309 49th St NE X X X X (Sample site replaced) 3705 WVH N X X X 31512 115th Pl SE X X X X X X X 2001 36th St SE X X X 3810 D Pl SE X X X X (Sample site replaced) 3615 Orchard St SE X X X X X X X 4101 47th ST SE (Braunwood) X (Sample site replaced) 5208 Nathan Lp SE X X X 710 47th St SE X X X 4431 47th St SE (Braunwood) X X X Lead and Copper Sampling satisfied Sampling required Sampling Waiver Not used Not used Not used Braunwood Braunwood Not used Not used Not used Not treated Not treated Not used Not used Not used THMP sampling no longer required, replaced by DBP Not used Not used Not used Not used H:\WQ\PROJECTS\WQPROG\WQ SAMPLING CHECKLIST 2006.XLS 4/15/2008 Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems Monitoring Request Form 13 City of Auburn Monitoring Request Form Date: Analysis requested: Sample before: Sources to be sampled: System ID No. 03350V Well #1 Source Well #2 Source CCTF discharge Well #3A Source Well #3B Source Well #4 Source After Cl2 Well #5 Source Well #5A Source After Cl2 Well #5B Source After Treatment Well #6 Source CCTF discharge Well #7 Source CCTF discharge Coal Creek Springs Collection Box CCTF discharge West Hill Springs Collection Box After Cl2 Wells 2, 6 & 7 Well field CCTF discharge System ID No. 03336E Braunwood Well Source Reservoir Special Directions: Date(s) samples collected: Notes: H:\stafffiles\wq\utility – water\\monitoring request form Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems Procedures 14 Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems COLIFORM MONITORING Procedure: WQM-01 Prepared: December 30, 1999 Prepared by: Chris Thorn, Water Quality Programs Coordinator Updated: March 4, 2008 Reference: Chapter 246-290 WAC, Effective April 9, 1999 Analysis: Coliform Sampling Schedule: 52 samples from representative locations throughout the distribution system (including one from the Hidden Valley system) are analyzed each month. Sampling to be conducted at one quarter of the routine sample locations each week during the first four weeks of a month, to allow complete system sampling each month. Samples are collected Monday mornings and are transported to the laboratory by Utility staff. Week 1 Sample locations A1 through A12 Week 2 Sample locations B1 through B14 Week 3 Sample locations C1 through C13 Week 4 Sample locations D1 through D13 In addition, weekly samples water are to be collected at the following locations: • Coal Creek Springs collector vault • West Hill Springs #2 collector vault • After treatment at West Hill Springs • After treatment at Coal Creek Springs • After treatment at the corrosion control facilities • At wholesale customer interties Quarterly samples of untreated water are to be collected at each operating well. Sampling Location: Collect one sample at each routine sample location. Confirmation samples, if required, are to be collected at a minimum, from the original sample location where the positive sample was collected, and within five active services upstream and downstream of the original sample location. Five (5) samples are required during the month following any coliform presence in the Hidden Valley system. A listing of routine and repeat sample locations are attached to this procedure document. Coal Creek Springs collector vault, West Hill Springs #2 collector vault, after treatment at Coal Creek Springs and West Hill Springs, and after treatment at both corrosion control facilities. Each operating source prior to treatment. Method Information: 15 COLIFORM SAMPLING SITES Water System Name: City of Auburn, System ID Number 03350V, 03336E Sampling Area: Valley Serv Area South of Main St. & Lakeland Hills, Braunwood Serv Area Prepared: 13-Oct-00 Prepared By: Chris Thorn, Water Quality Programs Coordinator Updated: 30 June 05 CT Site Number Type Location A-1 Routine 1505 West Valley Hwy Repeat 1207 West Valley Hwy Repeat 1602 West Valley Hwy A-2 Routine 3602 A ST SE Repeat 3414 A ST SE Repeat 4026 A ST SE A-3 Routine 210 14th ST SE Repeat 218 14th ST SE Repeat 202 14th ST SE A-4 Routine 404 26th St SE Repeat 412 26th ST SE Repeat 2614 D ST SE A-5 Routine 710 47th ST SE Repeat 706 47th ST SE Repeat 722 47th ST SE A-6 Routine 5110 Mill Pond DR SE Repeat 801 52nd ST SE Repeat 5018 Mill Pond DR SE A-7 Routine 5503 Elizabeth AVE SE Repeat 5407 Elizabeth AVE SE Repeat 5521 Elizabeth AVE SE A-8 Routine 4431 47th St SE** Repeat 4101 47th St SE Repeat 4512 Bridget AVE SE H:\WQ\PROJECTS\WQPROGRAM\2000 COLIFORM SAMPLE SITES.XLS 1 of 8 COLIFORM SAMPLING SITES Water System Name: City of Auburn, System ID Number 03350V, 03336E Sampling Area: Valley Serv Area South of Main St. & Lakeland Hills, Braunwood Serv Area Prepared: 13-Oct-00 Prepared By: Chris Thorn, Water Quality Programs Coordinator Updated: 30 June 05 CT Site Number Type Location A-9 Routine 2001 36th ST SE Repeat 2002 36th ST SE Repeat 3320 V ST SE A-10 Routine 2808 R PL SE Repeat 2817 R PL SE Repeat 2807 R PL SE A-11 Routine 810 37th ST SE Repeat 918 37th ST SE Repeat 746 37th ST SE A-12 Routine 921 H ST SE Repeat 918 H ST SE (White R Museum) Repeat 724 9th ST SE A-13 Routine 5208 Nathan Loop SE Repeat 5128 Nathan Loop SE Repeat 5226 Nathan Loop SE ** Sampling site not located on residential service line. Site is 300 feet west of Braunwood well access road. H:\WQ\PROJECTS\WQPROGRAM\2000 COLIFORM SAMPLE SITES.XLS 2 of 8 COLIFORM SAMPLING SITES Water System Name: City of Auburn, System ID Number 03350V Sampling Area: Valley Service Area North of Main St Prepared: 13-Oct-00 Prepared By: Chris Thorn, Water Quality Programs Coordinator Updated: 30 June 05 CT Site Number Type Location B-1 Routine 1025 W. Main ST Repeat 899 W. Main ST Repeat 1045 W. Main ST B-2 Routine 1011 Pike St NW Repeat 1502 10th CT NW Repeat 1003 PIKE ST NW B-3 Routine 2001 R ST NW Repeat 2101 R ST NW Repeat 1501 20th ST NW B-4 Routine 3705 W. Valley Hwy Repeat 3615 W. Valley Hwy Repeat 3719 W. Valley Hwy B-5 Routine 4430 B ST NW Repeat 4302 B ST NW Repeat 4450 B ST NW B-6 Routine 21 49th ST NE Repeat 108 49th ST NE Repeat 29 49th ST NE B-7 Routine 4002 Auburn Way N Repeat 3902 Auburn Way N Repeat 4020 Auburn Way N B-8 Routine 1211 30th ST NE Repeat 1217 30th ST NE Repeat 1209 30th ST NE H:\WQ\PROJECTS\WQPROGRAM\2000 COLIFORM SAMPLE SITES.XLS 3 of 8 COLIFORM SAMPLING SITES Water System Name: City of Auburn, System ID Number 03350V Sampling Area: Valley Service Area North of Main St Prepared: 13-Oct-00 Prepared By: Chris Thorn, Water Quality Programs Coordinator Updated: 30 June 05 CT Site Number Type Location B-9 Routine 2300 E ST NE Repeat 2113 E ST NE Repeat 2326 E ST NE B-10 Routine 1905 19th DR NE Repeat 2005 19th DR NE Repeat 1810 19th DR NE B-11 Routine 1212 12th ST NE Repeat 1208 12th ST NE Repeat 1302 12th ST NE B-12 Routine 1101 D ST NE (Fire Dept) Repeat 340 15th ST NE Repeat 901 Auburn Way N B-13 Routine 318 2nd St NE Repeat 322 2nd ST NE Repeat 312 2nd ST NE B-14 Routine 408 V PL SE Repeat 414 V PL SE Repeat 406 V PL SE H:\WQ\PROJECTS\WQPROGRAM\2000 COLIFORM SAMPLE SITES.XLS 4 of 8 COLIFORM SAMPLING SITES Water System Name: City of Auburn, System ID Number 03350V Sampling Area: Lea Hill Service Area Prepared: 13-Oct-00 Prepared By: Chris Thorn, Water Quality Programs Coordinator Updated: 30 June 05 CT Site Number Type Location C-1 Routine 31512 115TH PL SE Repeat 31512 116th AVE SE Repeat 31506 115th PL SE C-2 Routine 11655 323rd PL SE Repeat 11643 323rd PL SE Repeat 11803 323rd PL SE C-3 Routine 31914 120th PL SE Repeat 31922 120th PL SE Repeat 31906 120th PL SE C-4 Routine 12444 318th Way SE Repeat 12436 318th Way SE Repeat 31709 125th PL SE C-5 Routine 13006 305th PL SE Repeat 13002 305th PL SE Repeat 13021 305th PL SE C-6 Routine 30038 125th CT SE Repeat 30021 125th CT SE Repeat 30022 125th CT SE C-7 Routine 30510 122nd PL SE Repeat 30518 122nd PL SE Repeat 30420 122nd PL SE C-8 Routine 11517 305th PL SE Repeat 11522 305th PL SE Repeat 11511 305th PL SE H:\WQ\PROJECTS\WQPROGRAM\2000 COLIFORM SAMPLE SITES.XLS 5 of 8 COLIFORM SAMPLING SITES Water System Name: City of Auburn, System ID Number 03350V Sampling Area: Lea Hill Service Area Prepared: 13-Oct-00 Prepared By: Chris Thorn, Water Quality Programs Coordinator Updated: 30 June 05 CT Site Number Type Location C-9 Routine 30121 114th PL SE Repeat 30115 114th PL SE Repeat 30211 114th PL SE C-10 Routine 10823 292nd AVE SE Repeat 10803 292nd AVE SE Repeat 10827 292nd AVE SE C-11 Routine 29309 112th AVE SE Repeat 29222 112th AVE SE Repeat 29401 112th AVE SE C-12 Routine 10804 299TH PL. SE Repeat 29909 108th AVE SE Repeat 10891 299th PL SE C-13 Routine 10417 301st ST SE Repeat 10422 301st ST SE Repeat 10411 301st ST SE H:\WQ\PROJECTS\WQPROGRAM\2000 COLIFORM SAMPLE SITES.XLS 6 of 8 COLIFORM SAMPLING SITES Water System Name: City of Auburn, System ID Number 03350V Sampling Area: Academy Service Area and SW Lea Hill Prepared: 13-Oct-00 Prepared By: Chris Thorn, Water Quality Programs Coordinator Updated: 30 June 05 CT Site Number Type Location D-1 Routine 2820 V CT SE Repeat 2816 V CT SE Repeat 2836 V CT SE D-2 Routine 2705 Forest Ridge DR SE Repeat 2650 Forest Ridge DR SE Repeat 2750 Forest Ridge DR SE D-3 Routine 3501 Auburn Way S, #1 Repeat 3545 Auburn Way S Repeat 3501 Auburn Way S #5 D-4 Routine 5413 33rd ST SE Repeat 5420 33rd ST SE Repeat 5401 33rd ST SE D-5 Routine 3615 Orchard ST SE Repeat 3611 Orchard ST SE Repeat 6316 37th ST SE D-6 Routine 5705 37TH ST. SE Repeat 5819 37TH ST.SE Repeat 3706 Lemon Tree Lane D-7 Routine 2015 Fir ST SE Repeat 2005 Fir ST SE Repeat 3030 21st ST SE D-8 Routine 3022 Scenic DR SE Repeat 3028 Scenic DR SE Repeat 3008 Scenic DR SE H:\WQ\PROJECTS\WQPROGRAM\2000 COLIFORM SAMPLE SITES.XLS 7 of 8 COLIFORM SAMPLING SITES Water System Name: City of Auburn, System ID Number 03350V Sampling Area: Academy Service Area and SW Lea Hill Prepared: 13-Oct-00 Prepared By: Chris Thorn, Water Quality Programs Coordinator Updated: 30 June 05 CT Site Number Type Location D-9 Routine 32013 104th PL SE Repeat 32003 104th PL SE Repeat 32201 104th PL SE D-10 Routine 32313 105th PL SE Repeat 32323 105th PL SE Repeat 10528 323rd ST SE D-11 Routine 32307 111th PL SE Repeat 32313 111th PL SE Repeat 11007 322nd ST SE D-12 Routine 11307 313th PL SE Repeat 11315 313th PL SE Repeat 11209 313th PL SE D-13 Routine 31423 Lea Hill RD Repeat 31261 Lea Hill RD Repeat 31929 Lea Hill RD H:\WQ\PROJECTS\WQPROGRAM\2000 COLIFORM SAMPLE SITES.XLS 8 of 8 Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems INORGANIC CHEMICAL AND PHYSICAL PARAMETER MONITORING Procedure: WQM-02 Prepared: December 30, 1999 Prepared by: Chris Thorn, Water Quality Programs Coordinator Updated: June 12, 2006 Reference: Chapter 246-290 WAC, Effective April 9, 1999 40 CFR 141.23 (a) – (j) and 40 CFR 141.62 Analysis: Primary chemical substances include antimony, arsenic, asbestos (see Asbestos Monitoring Procedure), barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, nitrate (as N), nitrite (as N), selenium, sodium, and thallium. Secondary chemical substances and physical parameters include chloride, color, hardness, iron, manganese, specific conductivity, silver, sulfate, turbidity, total dissolved solids (required if specific conductivity is >700 umhos/cm), and zinc. Analytical method varies dependant on parameter. Sampling Schedule: One round of samples collected every 12 months during the month of July. Sampling Location: Collect one sample at each entry point to the distribution system after treatment (if applicable). Auburn Water Division System 03350V DOH ID Name Sample Point S01 Coal Creek Springs Howard Road CCTF-EP S02 West Hills Springs EP S03 Well No. 1 EP S05 Well No. 3A EP S06 Well No. 5 EP S07 Well No. 4 EP S08 Well No. 3B EP S10 Well No. 5A EP S13 Well No. 5B EP S14 Well No. 2 Well No. 6 Well No. 7 Fulmer Field CCTF-EP Hidden Valley System 03336E DOH ID Name Sample Point S01 Hidden Valley Well EP Method Information: Confirmation Samples: If a sample exceeds the nitrate or nitrite maximum contaminant level (MCL) a confirmation sample collected at the same location must be taken within 24 hours of receipt of notification of analytical results of the first sample. If 16 -------------------A'VVATER ~~.." ~ MANAGEMENT ~, LABORATORIES INC. , ,". : ':-': : ' "~';" ~ '0:, v >: • • ,.... : ...: ••••• " ", , i' " ~'~ INORGANIC -CHEMICAL SAMPLING 1. For the complete inorganic chemistry, one quart of water is needed. Cubitainer needs to be blown up like a balloon before filling. Breath will not affect the chemical tests. 2. A cubitainer .must be' used for all official samples. Washed food quality-glass or plastic jars are accepted, although notrecommended for taking official samples. f 3. Take the sample as near to the source as possible, .: " .....' :' .'" .e,· ., .-,: .':.: ',' '.' , :....' ' • :.~ . .. .: i'; " ::..'," ' .. such as an outside tap near the well, , '" • ':':: .'.~ .. 0, • It· .. : <:'>. :,' 4. If the water is not used daily, allow the water to ~: .' run at least 15 minutes to make sure the .-. plumbing is not going to influence the results. ~ s. Container must be. filled completely. .... Sample must be cold and received at laboratory within 48 hours of sampling. 1515 80th St E * Taooma, WA 98404 .(253) 531-3121 Updated: 6-98 b: \inorgarJ 1986 • PROPERTY OF WATER M~"AaEMENT LABOR.-\TORIES, INC. Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems ASBESTOS MONITORING Procedure: WQM-02a Prepared: December 30, 1999 Prepared by: Chris Thorn, Water Quality Programs Coordinator Updated: Reference: Chapter 246-290 WAC, Effective April 9, 1999 40 CFR 141.23 (a) – (j) and 40 CFR 143.4 Analysis: Asbestos by Transmission Electron Microscopy Sampling Schedule: One sample every 36 months. Sampling Location: Collect one sample at a tap served by asbestos-cement pipe. Site Location Routine 309 – 49th St NE Routine 29709 – 110th Ave SE Routine 11028 SE 295th St Method Information: Use sample kits/instructions provided by Lab/Cor, Inc. (206) 781-0155. Instructions follow. 18 Lab/Cor Sampling Guide I. The following materials are enclosed: 1. Sampling Instructions 2. WSIForms 3. AdditionallabeIs Lab/Cor, Inc. A Professional Service Corporation In the Northwest hI r II INSTRUCTIONS FOR THE COLLECTION OF SAMPLES FOR DRINKING WATER ANALYSIS To help us serve you better, the following infonnation is req1:1ested from you before sending water samples to our laboratory.. Pleasecheck the appropriate box which applies to why you are testing your drinking water: ' o To comply with State and Federal regulations for Public Water Systems. II so, then you will have to complete the enclosedWSIform. Theresults of the test will bereported to the State and Regional offices on .this form and a copy will besent to you, . . o For }'our own infonnation or concern. You only need to fill out your name, address and phone number on the WSI form. Wewillreport results directly to yOU, however, we will send reports to other locations or agencies ifyou indicateso in the "Remarks" box on the fonn. Introduction You have received a sampling kit from Lab/Cor, Inc. which contains precleaned, certified asbestcsfree.polye·thylene containers, labelled ziplock baggles, specific instructions dealing with issues of sampling for drinking waters suspected of containing asbestos, gelpacks for cooling samples after collection and a wsr [ann to fill out before sample delivery to the laboratory. You do not have to fill in the "Lab Xumber" box, this will be done at the laboratory. Each bottle has been precleaned, tested for residual asbestos content and sealed before leaving the Iaboratory. You should not break the seal until you ar~ ready.to begin your co~]ection of water samples to prevent accidental contamination of the bottle with foreignasbestos particulate. Types of Samples Water samples may becollected from several distribution sources including wellheads, water taps, residential faucets, fire hydrants, city mains, groundwaters, water treatment effluents, etc. If there is a potential for hazardous chemicals, radio]o~caJ or biologicalagents in the sample, you must warn us by indicating the suspected potential in the "Remarks" boxor by letter which accompanies the simples. In general, Ifit is a public drinking water, you do not have to make any comments. Collection ot Samples 9> Water is allowed to flow through the system until the temperature of the sampling water stabilizes. £> Two (2) samples are taken from the same source and sent to the laboratory. We analyze one of the samples and retain the other as a backup. ~ Fill the sample only until it reaches the 800 mlline on the bottle to leave enough airspace ior agitation at the laboratory during preparation. Grasp the bottle at the neck for accurate measurement ot volume. ~ Write the sample reference number, location, date and time of collection on the plastic ziplock bag and any specific information such as sample conditions, etc. Use indelible ink, if possible. r> Cap the bottle, place in the properly labelled baggie and seal. Two bottles from the same source are placed in onebaggie. . Transportation of Samples E> Samples should immediately be sent to Lab/Cor, Inc-with the attached WSI formts) and any other information that may be pertinent. Gel packs should be placed in between rows of bottles. l> Samples should arrive at the laboratory within 24 hours of collection so that the laboratory can r. . process the water within 48 hours of the time of collection. Samples arrivingpast the 48 hour window will b~ prepared using IN/ozone to destroy org~ nics and will Incur an addibonal charge. If sample arrival is expected later than 24 hours, please nonry the laboratory so \,·e may expedite sample processing. 7619 6th Avenue ~"'W. Seattle WA 98117 (206) 781-0155 (206; 789-8424 (Fa.: HELPFUL HINTS TN ffiLrNG OUT THE WATER SAMPLE !NFORMAnON (WSD -FORM -The following sections apply to you, the samplecollectorr PWS System m Number: (DOHassigned six digit number) PWS System-Name: Watersystem! utility name-Date Collected: Date ofsample collection DOH Source Number: The DOH identification number ofthe actual water source(s) sampled _ by you (examples: SOl, 502,..., 589). When multiple or special sampling locations are indicated, the following special Source Number codes should be used: 92 -Flowing Distribution Sample: Used for distribution based treatment, and chemical monitoring. 93 -Standing Distribution Sample: Lead/copper distribution based sampling source number. Occasionally individual sources number are used for lead/copper water quality studies. . . 95 -·Composite Sample: Laboratorycomposited sample used for SDWAchemical monitoring; must include individual source numbers under the multi-source code. VOC's can composite up to 5 sources from the same system and SOC's up to 3 sources. When this SOUTce code is used, the multi-source field must be ° completed. 96 -Blended Sample: A multi-source sample taken by the water system at a point after treatment and prior to entry to the distribution system reflecting equally blended water sources. Up to 5 sources can be blended by a water system. When this source code is used the multiple-source field must be completed. 00 -Coliform Sample: (Standard Coliform samplesource code) Multiple Sources: Thisis a listing ofthe individual sources sampled to make either a composite sample(595) or a blended sample (596). This is a required field whenever these two source codes are used. (Not required for distribution sampling (SOO, 592, S93)), . Sample Type: The following are possible sample type codes (required): D -Drinking Water Sample (COll only) R -Raw Water Sample (COLI only) B -Before Treatment (Chemical) A ~ After Treatment (Chemical) U -Unknown (Chemical) ,.Sample Purpose: The following are possible sample purpose codes (required): R -Repeat Drinking Water Sample (COLi only) B -Other Purpose (not used for compliance) I -InvestigateSample C -Compliance (most chemical monitoring samples) County: County where water system/source is located. Group A,"B, or Other: Circle the appropriate water system classification. Use "Other" when reporting on private or other non-public water supplies. (Not a DOH required field). Sample Location: This a "note" field indicating the specific location where the sample was collected. This could include a street address, local source name, or descriptive phrase such as pump house or wellhead. The description is provided by you on the water sample information sheet. This is a required field for all distribution samples (500, 592, 593). This field should be completed for any source when information has been provided by you. For distribution samples where you have not provided any location information, the laboratory must enter: "no info provided". Send Report To: Client mailing address (Not a DOH required field). Bill To: Client billing address (Not a DOH required field). r ALL OTHER FIELDS ARE TO BE FaLED OUT BY THE TESTING LAB. ( I ,... Lah/Cor, Inc. A Professional Service Corporation in the Northwest INORGANIC CHEMICALS rrocsi REPORT FOR ASBESTOS EPA TEST METHOD -100.1/100.2 I System JD No: I System Name: Lab Sample No: I Date Collected: ., DOHSource No: * Multiple Source Nos: J Sample TVI)e: I Sample Purpose: Dale Received: , Date Reported: Supen'i~r: ~~~~~···:::::··:·:;!~~1~~~f~~ Date Analyzed: Analvs. County: , Grou,): A B Other Sample Location: Send Report To: Bin To: "Mostground water &-spring sources will need10 lou a distribution sample/0,. SDWAcompliance" For thes«sample.! the sourc«"unJb~r "92" shouldbe used and Q sample location (address) must be included. Surfac« watersmay be taken either as Q distribution sampl« ('92" or QII individual sourc~ sampl«: . r4NOTES: SRL (Siale Repnrlin~ Level): Indicates the minimwn reporting level required by the Washington DepartmentofHeaJth (DOH). Trigger Level: DOHDrinking Water response level, SYSten1S wida compounds detectedet concentrations in excess of this level arc required to lake lake additional samples, ConbCt your regional .>OJI officeCot furth~ illfonn:Woo. MCL (Maximum COD'.mabani Level): If the COnUlmin:snt amcunt exceeds the MCJ~ immediately conL3ct your regional DOH ctllce, NA (Not AnaIY7.'-~): In tM results column, indicatesthis compound was not includedin thecurrent analysis, ND"(Not Detected): In the results column, indicates this compound was QtUll)'~cd and not detected at a level greater than or equalto theSRI... <0.00): Indicatesthe compound wasnot detected in the sample et or above th&= concentration indicated, TELEPHONE NUMBERS FOR ASSISTANCE Questions regardjng drinking ~rcgulauons, system monitoring requirements. HDd sampling information us to location. SOUJ'Ce· type or method: A. Belle: Fuchs SW Regional OffICe (360) 586-5]79 B. SteveHulsman NWRegional Office: (206) 464-7962 C. ScottFink Eastern Regiona] Office(509) 456-2475 COIHmOlIS: Phone: Fax: . 7619'6th Avenue NW, Seattle, WA 98117 (206) 781-0155 (206) 789-8424 (FAX) Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems NITRATE/NITRITE MONITORING Procedure: WQM-02b Prepared: December 30, 1999 Prepared by: Chris Thorn, Water Quality Programs Coordinator Updated: June 12, 2006 Reference: Chapter 246-290 WAC, Effective April 9, 1999 Analysis: Nitrate (as N) and Nitrite (as N) Sampling Schedule: Annual sampling in July. Sampling Location: Collect one sample at the source after treatment. Auburn Water Division System 03350V DOH ID Name Sample Point S01 Coal Creek Springs Howard Road CCTF-EP S02 West Hills Springs EP S03 Well No. 1 EP S05 Well No. 3A EP S06 Well No. 5 EP S07 Well No. 4 EP S08 Well No. 3B EP S10 Well No. 5A EP S13 Well No. 5B EP S14 Well No. 2 Well No. 6 Well No. 7 Fulmer Field CCTF-EP Hidden Valley System 03336E DOH ID Name Sample Point S01 Hidden Valley Well EP Method Information: 19 Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems VOLATILE ORGANIC CHEMICAL MONITORING Procedure: WQM-04 Prepared: December 30, 1999 Prepared by: Chris Thorn, Water Quality Programs Coordinator Updated: June 12, 2006 Reference: Chapter 246-290 WAC, Effective April 9, 1999 40 CFR 141.24 (f)(1) – (f)(15) and 40 CFR 141.61 (a) (1) through (21) 1999 – 2001 SOC/VOC Chemical Monitoring Waiver(s) Analysis: Test method 524.2 Trihalomethane monitoring is not included in this monitoring procedure. See the Trihalomethane Monitoring Procedure. Sampling Schedule: All sources are tested once every 36 months. Sampling Location: Collect one sample at each entry point to the distribution system after treatment (if applicable). Auburn Water Division System 03350V DOH ID Name Sample Point S01 Coal Creek Springs Howard Road CCTF-EP S02 West Hills Springs EP S03 Well No. 1 EP S05 Well No. 3A EP S06 Well No. 5 EP S07 Well No. 4 EP S08 Well No. 3B EP S10 Well No. 5A EP S13 Well No. 5B EP S14 Well No. 2 Well No. 6 Well No. 7 Fulmer Field CCTF-EP Hidden Valley System 03336E DOH ID Name Sample Point S01 Hidden Valley Well EP Method Information: Confirmation Samples: 20 ~ MANAGEMENT 1515 80th Sc. E. _ LABORATORIES INC. Tacoma, WA 98404 531·3121 f'A.' ~:;:i70·~~C·1s~·~AMm :TVG"·~~· Ly". . -I r tIJ.LI~ _ •. BY METHOD. 524.2 This kit contains a pair of gloves, 3 vials (2 clear & 1 amber) in a foam holder and a capped test tube with 3 small vials. CAUTION: THE SNfi\LL VIALS CONT~~IN DILUTE HYDROCHLOP~C ~~CID. GLO\lES l'JILTST BE WORN WHEN HANDLING THESE VIALS. WE STRONGLY RECOMNIEND THE USE OF SAFETY GLASSES TO PROTECT YOUR EYES (these are not included). If you spill Hydrochloric Acid on yourself; wash the affected area with water for 10 minutes. The amber vial contains cure wat-er to be used as a Field Blank. Do ~ -not open the Field Blank until instructed in step 6. 1. Samples must be collected in duplicate. 2. If the source is not treated, take the sample as close as possible to the source. If treated, take sample after treatment. 3. Do not rinse out the vials, they contain Ascorbic Acid. Ascorbic Acid is :not a health hazard. 4. If sampling from a water tap or faucet, turn turn on and let run for 10 minutes to allow the water temperature to stabilize. Turn flow down to a thin steady stream. Fill the vials completely, then fill the cap with water and close. There should be no air bubbles in the vials. s. If sampling a pond, stream, or lake, dip .a clean 1 quart glass bottle below the surface, then fill the vials. 6. Shake the vials till all Ascorbic Acid is dissolved, then place upright in a stable position. Using the gloves provided, remove the lid from 1 vial, Then take 1 of the small vials and remove it's cap. Using caution to avoid splashing, slowly lower the uncapped small vial into the larger vial. Immediately cap the larger vial and place small vial cap back in test tube and return both to lab with sample, Repeat to the remaining 2 vials, including Field Blank. . Keep samples cold, 4°C'(39°FJ. Samples must be kept cold during storage and shipment. Any sample older than 7 days or th,e Field Blank expir'ation date, is not cold, or with air bubbles cannot be accep~ed. MSDS MSDS {or Hydrochloric Acid (Hel) on reverse side orthese ~ruction.s. updated: 6-98 b: \ vocsam 1986 • PROPERTY OF WATER MANAGEMENT LABORATORIES, INC. .. . . -: --... -:. .. . ~ S~ i 0 o c: .:o: .... ..II . '.0. ~. o r. -.3, '" ("'\ .C. ,II ".,. c: tJ ... '.".. II( .., II >1 ; c: c .. ~ .; ~ .. .I.I . I . A. ;:1 • ., ~I .. ~" a ~ o " It ~l ~ ~ > WI C :. .~ .lII. ..o ,=u ' _ '" i I:', ~ •.. UJ = ;; ;) ., .; J > en ~ .-w I • .. til J ; ::) >. .... VI f :J f .; o >. \J .. o I I : I • " 0.1 ~ I : I.: I ~, =.:_ ~-,r . .. :. ! II Ii I: ~ '.", 3rca .J I II j ;U.:1' :=' -•• ' 4 -ColJ ;. =' .. kt1.:: J ~ .. ='E u JUJI)oo .., .~ = 1=':; • u -~ .: :I:. ~ ~ _" J 'ft" • W ill :.. a r: ~ ... B~ u '" • ~r~ .::). .I.I "-=. r:~ ""=' .. :::' :: => t"-~j ; ., > , f " I f 1>1 J l .J I I ~ ~ .2...:.. I .... c ... ~ ,.! • ..~ CI ~ .J ·.; I. u :; w'-; .eI ;, l .. UU s ~ . """.z...:. A.;, .-.• ·.. -w o iii re• .-·:J -.... C :J .• U ~ ..... -; · o • ... . ~ ·; .· , -0_' h .:: ~ .., ; I "'::J ..-., --.. o% =;~g C1~ oc: •.. . -....., = .c: .. :J .. -to-.r:. .0. l;; .~ U uQ. ..... ==.... ..:. __ c \t \t ... _ N~ a s s W e e > ~ • .. U1 0.;=tJ....,-0 '. .... .,. U '" 0'"" . O~ JIoo :::s • ., • "110.... ~ -e ;; en ~ o .. :-o .....: ~ :. • t--e c-:.gc: ~~ v c u.... u~ ~ ,0..1 3:J u~: -L<i. -= :: ~ 0 en ., U -' ~ ~ < ~ ~ ~ :: CJ ~ W ~ = ~ .... eu_< UJ « -cij C ~ o. :: ~:J Uj ~ ~ w C.d.. o c UJ .. c: c: e :1 ~ .. o o..v ~ >. -!.. .... .., .:J. e C "'2 .. II .. •.JC. ;t _ --:J "," .:.: .s= .~. ..>..... :::t .., o .,. '" .E .. \.J. ~., u : t ,C ,"t" ..-1~ Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems SYNTHETIC ORGANIC CHEMICAL MONITORING Procedure: WQM-05 Prepared: December 30, 1999 Prepared by: Chris Thorn, Water Quality Programs Coordinator Updated: June 12, 2006 Reference: Chapter 246-290 WAC, Effective April 9, 1999 40 CFR 141.24 (h)(1) – (h)(11), 40 CFR 141.40 (a) – (e) and 40 CFR 141.61 (c) (1) -(33) 1999 – 2001 SOC/VOC Chemical Monitoring Waiver(s) Analysis: Test Methods 515.1, 525.1 and 531.1 Sampling Schedule: Collect two (2) quarters of samples at all sources every 36 months, in July. Sampling Location: Collect one sample at each entry point to the distribution system after treatment. Auburn Water Division System 03350V DOH ID Name Sample Point S01 Coal Creek Springs Howard Road CCTF-EP S02 West Hills Springs EP S03 Well No. 1 EP S05 Well No. 3A EP S06 Well No. 5 EP S07 Well No. 4 EP S08 Well No. 3B EP S10 Well No. 5A EP S13 Well No. 5B EP S14 Well No. 2 Well No. 6 Well No. 7 Fulmer Field CCTF-EP Hidden Valley System 03336E DOH ID Name Sample Point S01 Hidden Valley Well EP Method Information: Confirmation Samples: 21 ------------' ....i _~---.,) , ~ .. ............ aAI ...···--_·.. · .c~TER .'Y\tiTER ~ MANAGEMENT -----.-LA-B-O-R-A-T-O-R-IE-S-I-NC-.--SAMPLING FOR CARBAMATES BY jVlETI19D 53!.\1 1. You will receive 2 small glass vials with white cl\llS that have a soft plastic liner. One vial is Iull; thls is a field blank. DO N01' OPEN THIS, it is for (lU~11ity COil trol, 2. If sampling from a water ttll) or luucct, turn the water ()11 ~\11(1 let. n u l to allow t hc water temp to stabilize. After tl\e water 11~'\H run Ior I() minutes, turu thc 11()\v down to H thin st.(~t$ly stream ~\ r\(1 take the samples. :\. If sampling an open uudy of wulcr such us u pond, stream, or lake fir:-;l dip tl clef)ll 1 quart glass bottle () to 12 inches below tile surface. r.'r()111 this 1 quart container fill vials. Aller tH'<il\{~ t.hc samples, chill \.(J -l''C (:'tjul'). Ha,\\,)le~ must lie l{elll cold (l\lrilll~ s\()rnl~e ;11\(' shipmeut., AllY sample thut is ()\(\(~r \.llHJl 7 rluys or is not cold can l\(lt \lC tlll~\\YZC(\. 1515 SOt1i St E * 1'acol11a, WA 984·04 (253) 531-3121 'J.pclnh:tl: fJ·C.) " It: \(,"""~"I" \l.U~h • I'I{( ).. 1';''''1''1' 01" \V J\TI';I~ Ml\r·II\UI·:~'ENT 1.1\1 u H~I\T()HII':H, INC. ~ MANAGl~MENT LABORATORIES INC. SAMPLING FOR HERBICIDES & PESTICIDES (SOC) B1.M~TIlQD§Jil.gt..l & Q~~~ 1. You will receive 2-l \ quart bott le s with white C'l$S. One bottle is labeled 1,"1~1.,I) IJIJANl(. DO NOT OPEN 1~IIIS nOTTl,EI Sill\ll\Y take it. with you to the snmpliru; site uncl return unopened. 2. It' source !.~ 11.~.~ \.rci\l(~(\, tul«: l11(~ sumpl« ~\S clo:«: n~ ')<')H~i\)'e \.l) \\\e sourc«, If t.reat.ed , t~\'{e sumpl« n ft.cr \. r (~H \ 11 }eII t. \)(~ lu r.( ~ (IiH' r it )\1, i()11. :1 . I)0 NOl' r i 1\ He o II t. \Iie ho \ \h~ s , 'l' \.1 r J1 \ 1\e \v ~ \ \ e r (), \. ' IIet. rII 1'\ r()r 1() n\inu te S , rc(I\1Cc t () ~ \ St e«$1y s l.rc;III \ , fill directly t.() ovcrflowlng und cup. Sl11~\'11 air bubl)1c s tl rc Heeel)l a I)lc. 1 1)()l t1e is I'll r I Ic r l)ic i(1 e (5 15. 1) ~ \1'1(\ 2 hott 'es a re Ior I)r~ s s \ ic i(\e (~2 5 .'2). -l , If sn1ll,)H1\1~ H\\rfc\ce wutcr R\1Cll us u pourl , xl rrmu or luke, (Iill t lu: bottle ()u t() \'2" below llle surface. lf ncccssnry, us« a thnruughly cleaned glass c()1"1 t ~ \i1 \er ,() t r" 1\ Rfer sntll l')h~ it \ \() l \ \e $(),tIe. I)1e ~ \Se it\ \,() r1\ 1 \ 1sir t1\is \\'~ \H (1 ()11e . S;\lllilies Ilt\.lS\. t.le l{(~l)t. c()l<l. 1\11)' S;1111111e ()Itter lllHI} '2 (lays Ull(\/<U' is r$)t c()\(l Cclrll\()\ $e ~\Il(\lyze(l. 1515 'BOtl, St E ./c '1~[lCOll1&\, WA 98404 (253) 531-3121 \ 'p"UIl''': h CUI It: \~UC'SHIII ,( UU. II I 'I{( J1'I':I~TV ( aFW"TJo:I~ MAN/\t lI·:~u·:r·I'" 1.,,1t, )1-:,,"'( "~"·;:i. INc:. Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems RADIONUCLIDE MONITORING Procedure: WQM-06 Prepared: December 30, 1999 Prepared by: Chris Thorn, Water Quality Programs Coordinator Updated: June 12, 2006 Reference: Chapter 246-290 WAC, Effective April 9, 1999 Analysis: Radium-226, Radium-228 and Gross Alpha Particle Activity Sampling Schedule: Two samples every 36 months. Sampling Location: Collect one sample at each source prior to treatment (as close to the source as possible). Auburn Water Division System 03350V DOH ID Name Sample Point S01 Coal Creek Springs CB-SR S02 West Hills Springs SR S03 Well No. 1 EP S05 Well No. 3A EP S06 Well No. 5 EP S07 Well No. 4 SR S08 Well No. 3B EP S10 Well No. 5A EP S13 Well No. 5B SR S14 Well No. 2 Well No. 6 Well No. 7 SR Hidden Valley Satellite System 03336E DOH ID Name Sample Point S01 Hidden Valley Well SR Method Information: Use sample kits/instructions provided by the Washington State Public Health Laboratory (206) 361-2898. Instructions follow. 22 --t • J:ax Machine Loc:Jllou: Office o( ){ADIA·fJON LADORA·rOl{IES Public Hc:alU. Laboratories 1610 N. E. J50lh Street MS: J{17-9 S~'IJe. WA 98155-970.1 Fax Phone NUIJIIJc:r: Scan: 245-2899 or (206) 361-2899 -.-I:AX TO: C.hr,") -rlCY~ FJioM: l;?o l-t Number of }Jage, 10 Follow: z". ~":SS"GI:·· Phone I: --------'---.Phone It: a.-oll\?G, I -2.~ Cj 2 b U'~~ .I1\S fr~r.4 OUll "f/SS/ON: is '''~ protection ofp"blic I'eal'l' (I/,tl th« I!I,vlrIJ'''''l:111 Illrt}"g" quality' analyses. r.-.-.-..------------------------------~ral Instruction for Scmlpling: 1. If you are sampling for Radon. please read tbe instructions on the bac'.< of this form. 2. For all other tests. proceed as follows: . Fill the container from your system near the primary source and replace . the cap, maldng sure the container is tighUy dosed. 3. Package your sample in the box provided and send it to the rab. If you have any questlons, please call the laboratory at (206) 361·2896. ANALYSES REQUESTED PLEASE CHECK) ANALYTE COST o Strontium 1S 20B.C1J .I • $ 57.00 o Cesium 134 $ 57.00 a Iodine 131 $ 73.00 S 78.00 s78.00 o Uranium S 59.CO $ 99.00 $ 109.00 S 57.00 QRadcn 1S 52.00' o Gross AJpha o Gross Beta o Gross Alpha & Beta (J Radium 22·6 QRadium228 o Trftium "S Alpha results greater than 5.0 pCilL require an additional analysis fO( Radium. Gross Aloha ( .s greater than 15.0 pCfIL require additional analyses for Radium-226 and Uranium. You Will be contacted if additjo~1 analy58s are required. , } r lNSTRUCT10NS FQR CQLLECTION AND SHIPMENT Of WATER SAMPLES FOR RADON ANALYSIS 1. Samples should be collec:ed from a non-aerated faucst (SUc.~ as a bathtub faucet) or spig.Ol Use cold water only. 2. Select a clean container (apprOXimately ~ gallon or larger) which is lar;e·elicu~ to ailcw the sample bottle to be tumed end fer and inside the container. The container may be made ofaluminum, plastic, glass,· or stainless steel. Fill the container from the scurca and allow it to overlJow gently. 3. Open the sample bottle and submerge it in the container with the mouth of the bottle pointed down. r 4. Rotate the bottle so that it fills with water. Cap the bettIe with the blue tstJcn-lined cap while the bottle .i.s stili under water, makIng sure that no air bubbles are !rapped In the bottle and that the cap Is on tIghtly. Write the date and Ume on the bottom of these Instructions. 5. Wipe the bottle dry and place It in the shipment box provIded. 6. Finish filling out the water sample informstfon form (reverse reverse sice) and place lhe form In the shipment boxwith'1he sample. . . 7. It is important that your water sample be analyzed within three days after the 'sample is collected; therefore, please ship your sample to the laboratory as seen as possible. If you have any questions please call David Robbins at (208) 361-2856. Date of collection for this Radon sample:_---Time: _ Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems RESIDUAL DISINFECTION CONCENTRATION MONITORING Procedure: WQM-07 Prepared: December 30, 1999 Prepared by: Chris Thorn, Water Quality Programs Coordinator Updated: June 12, 2006 Reference: Chapter 246-290-451 WAC, Effective April 9, 1999 Analysis: Total chlorine, free chlorine or combined chlorine. Sampling Schedule: Daily, and at the same time as routine and repeat coliform sample collection. Sampling Location: Chlorine dosing and concentration levels are sampled daily at the system chlorination sites. Chlorine residual samples are tested at the same location and time as routine and repeat coliform sample collection. See the Coliform Monitoring Plan for routine and repeat coliform sampling locations. Auburn Water Division System 03350V DOH ID Name Sample Point S01 Coal Creek Springs Howard Road RCCTF-EP S02 West Hills Springs EP S07 Well No. 4 EP S10 Well No. 5A EP S13 Well No. 5B EP S14 Well No. 2 Well No. 6 Well No. 7 Fulmer Field Field CCTF-EP Hidden Valley Satellite System 03336E DOH ID Name Sample Point S01 Hidden Valley Well EP Method Information: Free chlorine is analyzed in the field with a Hach Company, Pocket ColorimeterTM using the DPD Method. 23 ~ l , I\ I j 1, '~ , I i 1 1 'I I I OI)I~I~A'rl()N All instrument functions arc pcrfunucd using. '\VO keys anl' the digitnl display, For the normul operation of measuring the concentration or chlorine in 'he sample solution, n ximplc, five step procedure ls performed us follows, This is n general procedure, \Vhen meusurln]; actual snmplcs for chlorine, follow the more detailed procedure Oil page :\ I for free chlorine. page 4'3 for low runge total chloriuc or page 56 for high range total chlorine, . I. Fill a clean sample cell tn thl~ lu-ml. 'nark with the blank solution (usually untreated sample), 1:i11 another clcuu sample cell 10 the ' 1.0-11lL murk with sample. 2. Ad{i the contents or one pillow of the appropriate 1)1'1) Chlorine Reagent ·tn the ccll contuiuing the sample. ('~'p ..'uti shake the cell for 20 seconds. This is the prepared sample. 3. Place t-h~ blank in till' l'rlll"Olllpa,"1111l'l-ll. ('OVl"" the sample cell with 'he instnuucm cup II.\' "''''''''11 ill /,';g"rt' 3. L! l ~~~ Figure 3 IJ ~ 46760·RR POCKET COLORIM.ETERTM Analysis System lnstructlon Manual Chlorine (GI2) C1 Ii'ch Company, 1991-199H. Printed in the U.S.A. Ic/dk/snl 5/97 7ed All rights reserved. Rev. 1",2/9M . NOTE When using the instrument cap as a light shield during measurements, place the cap with the curved surface toward the keyboard. This position will allow the cap to match the grooves in the instrument case to provide a good seal against stray light. • \ ',', ITO Sample Cell Insertion .1. "I' ~ZERO l-l'Y, 1\lh:r ilPPI"lli\illlilldy ~<ilTllI\(ls.lltc di~play will ., rend: , 5. Place the sample cell containing the. prepared sample into the cell holder uud cover with the instrument cap. Press the READ key, Arter upproxinuuely 2 seconds, the display will indicate the chlorine concentration in miltigrmu» per liter (Ing/IJ). For example: 1.15 on the ("splay menus ,., 5·I"g/l, as (.,!~ NOTE For accurate readings. make sure sample cells are wiped free of liquid or fingerprints. Any liquid entering the sample cell cornpartrnent can darnage the instrurnent. CJ\, ~ II, It,\'r ()N The Pocket Colorimeter instrumcut is factory cafihratct.l In save you the time and expense required tu construct your own culihrution curve, It is ready for usc without culihnu ion hy the. user, Sec l.lS/N(; ~\'J.·/~(:('/II~KTM S/:.:C'(JN/)I\/(}' S'/i\N/),\U/JS 011 page r,/to verify cunsistcru instrurucnt culibru: ion. ' 1·1 Ily testing a standard before culibrution, you can calculate the difference between the instrument's readings and the expected values. This difference will indicate the shift in results for comparable samples when the calibration ·is adjusted.. . Prepurtng a Chlorine Culihrutlou Standard Solution I. Snap the neck off a Chlorine Voluctte Ampule Standard Solution. -2. Pipet 2.00 InL.6 of chlorine standard Irom the Volueue Ampule into a IOU-lnlJ graduated cylinder, 3. Use the following formula In calrulute the final VOhllHC of the diluted chlorine standard: 1.11 x concentration of chlorine standard in Voluette Ampule =final volume (nll) 4. Using demineralized water, dilute the 2.()() ml... or chlorine standard transferred to the graduutcd l~ylintlcr to the Iin:,1 vnhllllc .calculated in Step 3·. 'rhis is the chlorine standard \'1urking solution, Usc this solution. for culihrntion hnillcdintcly--the chlorinc concentration will decrcase \vit" tinlc. The instrument also will accept a user r nlibration if yot ~t(lry olf'iciul or agency requests that you usc one. The following calibrarion section will show you how to perform your own calibration to meet these regulatory requests, Using the. factory calibration, however, is generally recommended when penniucd. User..cntc..cd Culihrutinn The instrument accepts 1\\'0 user-entered, two-point culihnuions. One calibration is for the 0 to 4.5 lng/I... (high range) Total Chlorine test. The other calibration is for the () to 2,()() ."g/l" Free Chlorine and Total Chlorine tests. "0 perform a user-entered culihnuion, 'Hake a chlorine standard solution (a sample or known chlorine conccutnuion can be used), Then, use I)PI) reagents to develop the color in the solution or the sample. The chlorine concentration of the solution must he between t ,60 to 2.00 mglL Cl., In addition, the conccntrntion of the prepared chlorine standard or sample must be determined with nil altcruate laboratory instrument such as a spectrophotometer, suuablc colorimeter using I)PI) reagents, or hy ampcromctric titruliou. 15 This procedure should produce a final chluriue concentration of approximately I.X X Ing/L Cl , I)\lC to possible chlorine demand in the dilution water and other factors, the concentration may actually he higher or lower, Because of the difference between the planned and actual chlorine conccntrut inn. il is necessary to determine the chlorine cnnccntnuion of lite \'1nrking chlorine stuudurd \v'ith an alternate instrument or method. You can lise the working chlorine standard as long as the chlorine conccntrution for the solution is hl~I\\;CCIl 1.60 to 2.0() Ing/l.J C'I l' INS'I'I~' J1\11~:N'1' (; 1\IJ" It /\'1'1 ( )N I. I\cgin ealihrating the Pocket ('ulorimcter instrument hy cusuriug it is in the co rrCl't runge you ,vish to calibrate. '1'0 determine which range the instnt"I"c"t is in. prcss the ZERO or READ key uml luok 'at the display. The low range mode display will show O.U I Ing/l .. resolution. The high range nuulc display will show n.1 IHl!/I, rl"soluli,,". The luw range mode is "scli 10 ralihrate the O. to 2.0n lug./l. Frcl~ ('hlnrinc and 'rotal C'hlorill~ tcsts. 'I'hl~ high rangc nlude is tlsed tn calihrate the (\ 10 -L~ lng/I .. 'rtHal {'hlnrine tcst. 'I'n c:h~,nl!,c.~ IIHHlt,S, Ilrt'SS hnt·h •hl~ ZERO and READ kl'~'S ,., Hl sinllllv~ly. Ancr nnc second, release the ZERO key nntl hl)ltl the ~ REAL Jnlil "III" 01' "LO" appears in the display. Repeat nutit , the instrument displays Ihe (.Iesi r ed mode, Release the key when ·ihc lustrumcnt is in the correct mode. 2. Press both the ZERO and READ keys simultuneously and hold them down for twn seconds. The display will show "CAI,J'" followed hy a tlashing "0". 3. Insert the blank into the cell holder, Cover the sample cell with the instrument cap (the blank is untreated sample water). NOTE Wipe all liquids off the sample cen. Any liquid entering the sample cen compartment can damage the instrument. 4. Press the ZERO key. The insmuucnt will display "---" followed hy " , .clU" . 5. Fnllnw the appropriate colorimetric procedure to develop the color in lO In1.~ of the working standard solution, This is 'he prepared chlorine standard xolut ion, IH NOTE The following steps must be done qulckly to prevent changes in the chlorine concentration which may affect calibration accuracy. 7. Press Press the ZERO or READ key to change (by scrolliug up) the displayed n 1.60" !" I .6" for high range) to the concentration value determined for the prepared chlorine standard solution. If you scroll up past the value, l.eep scrolling, '[he displuy.will "wrap around" to 1.(lO again. Pressing the READ key increases the display hy hundredths, pressing the ZERO key increases the displayby tenths, H. Press both the ZERO and READ keys simultaneously and hold them until "Sid" appears in the display. . 9. For the high range culibrution only-transfer nt least , ml, of the reacted chlorine standard solution Irom the I Il-ml., cell In a I-em sample cell. For the lo,,~ range calibration-usc the IO-InLsample cell. Insert the reacted chlorine stundunl solution into the celt holder. Cover the sample .ccll with the instrument cap. ~n 6. Using 1()-IllL sample cells, measure the prepared chit "'ndanl solution concentration ugninst a deionized water hlank WI. ,.I':lternativc instnuneut. rrhc I)I{/2()()(), 1)1{/20I0, 1)1~/30()O and DH./4000 will need the Accuvuc adapter inserted into the cell holder to usc the IO-nlL round cel1. If you usc nmpcrometrlc titration, two aliquots or diluted chlorine xtundanl arc necessary. Develop 'he color in nnc ltl-ml, aliquot using the 1)1l1) chlorine reagents, Titrate the second aliquot using amperomctric dctcnuinution of the chlorine l"onrcntr"tion. Usc the concentration of the chlorine suuulnnl dctenniucd ,,,npcnnnctr'l'''''y l\\ong \vilh the sti\ndard tlcvc\o.pcd wlth I)PI) for ,,,st,-ulllen' ~,,\ihra\'lln. . If the prepared chlorine suuulurd cunccntrut ion is outside the runge of '.60-2.00 Ing/L ell (1.6 tn 2.0 Ing/l .. fur high range), make unother dilution of 'he Chlorlue Volueue Alnpule Standard solution, Adjust the volume of the standard hy· the appropriate amount so the diluted chlorine standard falls within the specified runge. It) 10. Press the READ key. The lnstrument will compute the calibration and then display the value entered for the standard. 11. The calibration is complete, The instrument will use this calibration to determine thedisplayed concentration for future sample measurements. 1"0 exit front the calibration routine or return to the factory calibration, follow the instructions on page 23. 2r --------------------II:XI'I'IN(; ';III~ {~L1nRATION ROlJTINE , (~ali hrut inn (}uic'~ l~crcrcn\:c ~ -------, 1)islliny REAl) r --. then n uumhcr ~ r-----Step -. t. Turn pu\vcr on 2. Determine if in high or low r mode ---' J. SC\Cl" desired ...mgc nuulc 4. Select Culihn,tiun mode ..--_._-5. Place blunk inlo cell hoklc.... auge !'..1~R() X.XX for low runge. Keystroke I X.X fur high range 7.1~R() &. REAl) Iii or I.J) hohrl~I~I\I) --'l.El() & I~11AI) .(~A t., then n&lshing u _ --7.-E-R-()---------_--.. _the-n--1.-60--or--1.-6 _. 6. Determine st""dan' concentration hy other 111~&"'S -...--.. 7. luuucdiutety scroll tn /.EI~() or REAl) I ,l,O, then sc r()I1~ "11 couccutnuiou value -_. ~.~, key s~·n~~__. H. Enter silt couccutrution Vi' luc . !'.ER() «':! R1"~AI) s·rl) -_-----------.._. ---9. Place Sliuuh,nl in cell huh'crt REAl) Shows stnndanl -ln-sm-n-uc_nrcxits.culihnu ion I "O,,~ concentration ...._-------_.. ._----------------- --------_. In. or" exit in middle or culil: nuim1 ·/.EH()·(.'<l, HEAl) sru I~S(: Ineule .. ---_'l...EHC) t~ I~E"I) , II he in the low runge mode, Sl~C Step 1 01" IIIs/r''''U!IIt Calibrntion 1o determine which mode the inst ..umcut is ill. 2. pro retrieve the factory culihrauon, press both the ZER.O and READ ,keys suuultunconsly and hold them Ior thrce seconds. "CAl../' will appear in the display, followed hy it flashing "0", 3. While the display is flashing, press and hold the READ key for two seconds. The display will show "dlL" and the culihrution mode is exited. ..(1l:1.... i~ displayed until thc ZERO or R~AD key is pressed (which also performs the function of the pressed key) or until nutomatic shut-off occurs. The instrument will lise the fHl"I~)I'Y calibrution In determine chlorine conccntnuious of measured sumplcs. W'hen the display Ilushe« "0", or when "Std" appears in Ih\; display, exit the calibration routine hy pressing hoth the ZERO und READ keys simultuncuuxly mul hold them for t\VO seconds. "rite instrument exits to uonuul umdc and "Esc" wil! uppcur anll remain displayc.d until until the ZERO or READ is pressed (this ulsu pcrfunus the Iunct inn of the pressed key) or uut it nutumatic shut -ntT occurs. Pl~hc i Ilstrumciu uses the last completed user-entered calihralinn or the Incuuy ralihration if no user-entered calibration has been completed to determine sample chlorine r( \I\centralinns. '1'0 exit when "0" or "Sul" arc Ilnl displayed, press both keys until "Sid" is dispJaycc.l. then prcss hoth keys to exit. Or, let the instrument sit 10 Inii\lItcs until it uutouuuicully shu's niT. It I~'rlt II·:VIN(; 'rlll~ 1"/\t:'r( lIt" (~~\ IJllllt ,,"rl()N I. If you have entered hOi" a low and high range user-entered culibrntion, he sure the instnuuent is in "he same range mode us 'he range you want In retrieve. pro retrieve a [ow runge luctory culihnuion, the instrument IllUS\ !.\ 1~1{1~()lt 1V11~SSA(;I':S When 'he instrument cannot perform the function initiated hy the operator, an error message will appear in the display. Refer to the appropriate message inforuuulon below to dctcnuine what the problem is and how it can he corrected. Resolve CIT~lr messages in the order they appcHr on the display. l luch Service Centers are listed nn page 29. I. I~-I--.Unstnhlc Rending • 'Verify instrument cup is correctly scaled. • Check for light blockage. • Verify I..I~I) tights up when it key is pressed, • Contact a l luch Service Center. 2. 1':-2-·16U\V IJi~ht I~ ..rn r • Check for Ii gl~t block agl~. Verify 1..l~I) lights "p when it key is prl'ssl'~1. • t '0'" al' t H II al'h Sc rvil'e <.'e" ll' r. ~ JI f~\V Ihlilery Mm;~;,~(! ~ 7. It:·7··1 n'll"ullei· cnllbrutinn v;..• y buueries arc installed property. • Verify instrument cap is correctly seated. • Replace batteries. • Check for light blockage. • Contact a Hach Service Center. •. Verify I-rEt) lights when a key is pressed. • Verify chlorine suuulnrd wus measured after zeroing .. 4. 1·:-4··I~I~))lt()M fuilure • Contact it l luch Service Center, • Verify low battery message (r~-'3) is not displayed before E-4. K. I"nshiil~ (l.on (under runge) • Coutuct u l luch Service Center. VerifY.instn"ncnt cup is correct'y seated. 5~·1':·5··I~I~I'lt()MIuilure nn ze r uin~ Iuuctlnu • Check zero hy rending a hlnnk, If error recurs, rc-zero the instrument. • Verify low battery ,ncssHge (r~-3) is not displayed before 1~-5. • Contact a l luch Service Center. • Contact it linch Service Center. 9. Ftashiug 2.20 (over runge "in I ~() r unge) (l. 1·:·6--I~lc:Plt()l\'1 Iuilure un culibrutiun .... • Overrangc--dilute anti rc-mcasurc the sample. • Verify luw bnucry messuge (1~-3) is Ilol displayed before I~-(l. :-. • Check for light hlockugc.• Contact a Ilach Service Center. Ifl. Ic'lnshin~ 5.0 (over r.\n~c in III r~,n~c) • ()verrange--dilute and rc-mcusurc the sample. • Check for light h'ol'kagl~. 2(, !.7 1)()CI(I~'r C()I.I() I{ IlVll,:'rlt:l~ I NS'l'lt UM I~Nrl' 1)lt()CI~I)UI{I~S CIII~()ltINlc:, Fltlc:l~ (0 in 2.0n In~/l~ (:11) ·Method H021 Before testing. make sure the instrument is in the correct range mode, For 1"01-water, wastewater nud seawater the () to 2.()() lng/I.. Free and 'I"otal Chlorine tests. the instrument should he in the low (140) runge nuulc. The display will read to hundredths (0.00). 1)1)1) Method" {.lSI-:·))" accepted for repnr ' inJ.flc*For the high range Total Chlorine test, the instrumcut should he in the high (III) runge mode. The display will show tenths (OJ». 1"0 access the alternative runge mode. press hnth the ZERO and READ keys simultaneously. After one second, release the ZERO key and l\'1cns"ring II ints continue to hold the READ key until the letters ttl It" or "l..O" uppeur in the display. These letters designate thc culibrutiou range the instrument If the sample tcmporurily turns yellow after reagent addition, or the will lISC tn dctenuinc chlorine in samples. display shows UVCITiUlgC (flashing 2.10 in display). dilute u fresh sample and repeat the test, A sligll', loss or chlorine may occur because of the dilution. Multiply the result hy the upprupriutc dilution factor. :I:Adapted Irom SIIIIIc/art! A.,",I" ,d.v[or ,1", E\aminati,» I!{ \\i,te,. and"cHIt'u'ut"r :I:*Pr()~e(llIrc is cquivuleiu 10lISI:PA '''lA,IUH' .'JU,) for wastcwutcr and Suuulunl ~ h.'lhotl 45()()·(" (i fur 'll"i!'k ing wun-r, \U II ~ ~ ~ \ ..llll" Jt.l~ I(lt..lt~, cuuunucd , _"-1 -----~n~ tJ-....... It .-_..--.._-..-_._------_.------------'-_..e ~ ;1; :\ \ l \ l'~ I I. Fill a I()-Inl..celt to the 2. Remove 'he instrument 3. Place the hl"',k In the I()-lnL line with sumple cap. cell hokler, wh" 'he (the blank}, ('i'p. di:""unt' "u'~'k facing Note: 1"",./1,·...'1'1'''""11s , zrro Note: S'''''I,/c' ynu. 'lightIy coverthe cell "'If,\" h,' ,J", ;11...trumrnt tttu} I"I'11t1 t",,,IY:",1 ill,,",'i1ill,,'I." with the instnunc..' Cltp tt« ''''"''1'''' "",1,',. '/u' sume (flal side shuul«1 Inee the inu! ,""11101 ln "n'.fl'/T,'t! ligl"i",t: ,·(.IIt/ilio"s. [or 1,,,,,,. allaly...;s. hack of the lustrume..1I. fl Note: lie' sure 11u' Note: "';1'" 1i""itll!/l' \ ,\',,,,,/,Il' ('1'11.\'. ;11.",,."1111'11' is ill 'he low I "IJ""~(' II.Oc/I'. S"" IJuge' 30. ,\.~ '~III~\JI(I~I~, 1;1(1~1~,~(lll(il~~~_I~~~~~~~~~~~~~~~ I I I I I Ci;J . :~ " -r:g.' -.-7. Add the conicilis of H. \Vilhiu I minute after one DPIJ Free Chl(lrin~ iUltlin~ 9. 'righlly COver the cell 1)1'1)10 the ~m"plc, PU\\'tlcr Pillow 10 Ihe with the in!\lnllncnt cap plal"e the IU'cllarcdSiUHple smnple cell (the pn'l'ilicll in the cell (nUl side shnultl face the hul.ll'''. SiUHplc). Cup and shake buckof the inslnllucnl). • 1'·'1 I ~ I, I I I I. -(~_II.I_ ~( -)I-tI-N-i-t:,-F-'-lt -I·:-I·-:, _l'onl iU\ll't' ..__ _-_ -_.._..-.,-e"-,e -• -I »-.: , \ \ t ~ ~ g''--4. Press: ZERO 5. Remove the cell fron' (,. Fill 1\ lO-lnL cell In the The iustrumcnt will turn the l'en hnh'~r. 'U-nlL line with sample. on mul the «Iisplny will show --then n.un N",(': Tlu: ;11...trumcnt (""o",u,ica".\' s1",,... t~/r (lJi('" tnu miuut« ,,,,,1,,,,, 111.\"1 zero is '\"'''''',1 ill mrnusr». Press READ I" I'Ol"/"C"" tl1(' analvsis. .\ " (~III ~() I~ INI~, 1.'ltIt:I':, cont inucd 8 1O~ Press: READ ·The insln""cn' will show ---fnlln\vcli hy the resuhs in lng" ~ free chlorine. Note: II II", Je"",,'.' 11""I)O",,,·i1.\, tun.... )"'1/0'" 1~/i('" 1'('11'&:"111 "dditio", or shows ""c'" n"'gl' (/'e"d,ill.': 2.2fJ). dilll'" " )ir.\'".\"i/l1lI'/" tllId I't'!'f'itf l!Cnlty for :!(J SCloUIUls. Note': " !J;lIk ",,10,. will Nil',': "n"" ",.,. is "", ,I"""/O/J~,. chlurinc is "11i·,·',·,1 by "",;i.,.",,!,.c'" /11"('.'\"11/. /",\\,,1"1: 1\'ote: "';/", li'III;" ,~/r Not«: .\'/'''(;11,-: .Ii......i/"I/,.,· .\'1111'/'/,· ,'rl!« II,. ,1""'II.t:,' 10 bubh!••.,' which 11,.,.\, [orm ;" ,I,,· ;11.\/""""'1" ""'y ocrur. '\-""'/"c',\ ...;,/, "i.n,,""o,/,a:".'".\". , ~ ~ DPI~Chlorillc RC;\gcll\ Powtlcr Pillows und Accuvuc Ampuls enn~~'nIITer Iormulmion that wlthstunds high levels (at least • \non nlg/l of hardness without interference. ) J ltl~QUll~I~I) ItI4:A(;I~N'I'S Descriptlon Cut. No. I)PI) Free chlorine Rcugcnt Powder Pillows, lnn/pkg 21055-69 OR . Dl'D Free Chlorine Rcugcm Accuvuc Ampuls, 25/pkg 25020-25 Itl~QUlltl~l) AI)I)AltA'l'lJS (AccuVac Ampuls) Benker, 5() ml., each S()(}-4 t ()IYrIONAI~ Itl~A(~I~N'rS Chlorine Standard Sohulou, Vuh'ette Ampule, 50·75 1l1g./l .., ,n m] .., '6/pkg. · I426H·"1 () Chlorine Standard, secondary, SpCC(:hl~k'''M, O.B, n.2, ().~ unt' '.5 '''gIl · ········ 26"JS3-()() I)Pl) Free Chlorine Reagent VI/dispensing cap, 250 tests 21055-29 ." I.. • "'-.. : .~ ". . .... l:o';~ssi\lll\ 100li.dc ~Olll\.ioll, 30 gIL, 100 mL MDB* ............•343-32 Sodium Arsenite Solution, 5 gIL, 100 u,IJ Ml)ll 1047-32 Sodium Hydroxide Sunulanl Solution, 1 N, 'O() InI.. M1)1\ '045-32 Sulfuric Acid Stundunl Solution, 1 N, ton ml, Ml)n t270-32 Water, demineralized, 4 L 212-56 ()lyrl()NAI.I J\I)I)AI~A'rUS Accuvac Snapper Klt each 24052-()() llaltcrics, AAA, nlkuliuc, 4/pkg ~'6743-(}O Cap for ~ I ()-lnlJ sample eel', 12/pkg 240I H-12 Cylinder. graduated, 25 ml.., puly, each lOR 1-40 Cylinder. graduated, Ino inl PMP, cach 2172-42 pi' Meter, UC' () portable, each H ••••• ' •• ~ ••••••••••••••••••••••••••••• 5005()-On Pipet, TcnScuc. 0.1 to 1.0 ml.; each '.97(){)-() I " Pipet rripst ror IlJ700-() I rrcnSeltc, 50/pkg 21856-96 Sample Cell, ltl-ml, with screw cup, 6/pkg 2427ll-06 :a. Marked Il"uppcr BUlIle 4'2 Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems Appendix 24 Stage 1 Disinfectants /Disinfection Byproduct Rule Monitoring Plan System Information: Name Auburn Water Utility Address 1305 “C” Street SW Auburn, WA 98001 Phone (253) 876-1998 System ID Numbers City of Auburn 03350V Braunwood 03336E Counties King and Pierce System Manager Allen Hunter, WSDOH Cert No. 9698 Water Utility Engineer Cynthia Lamothe, PE Prepared By: Chris Thorn, Water Quality Programs Coordinator Preparation Date: January 23, 2004 Updated: March 11, 2008 Background: The Stage I D/DBP rule requires the development of a “Monitoring Plan” as described in Federal regulations (40 CFR 141.132 (f)), and the Washington State Department of Health (WSDOH) regulations (Chapter 246-290 WAC). This monitoring plan must identify: 1. Specific locations and schedules for collecting samples for required parameters. 2. How the system will calculate compliance with Maximum Contaminant Levels (MCLs) and Maximum Residual Disinfectant Levels (MRDLs). 3. If approved for monitoring as a consecutive system, or if providing water to a consecutive system, under the provisions of 40 CFR § 141.29, the sampling plan must reflect the entire distribution system. 1 of 5 The Maximum Contaminant Level (MCL) is the highest level of a contaminant that is allowed in drinking water. The Maximum Residual Disinfectant Level (MRDL) is the maximum level of a disinfectant added for water treatment at which no known or anticipated adverse effect on the health of persons would occur, and which allows a margin of safety. The City of Auburn operates and manages two water systems that utilize groundwater for sources of supply. The Auburn Water System serves a population of approximately 45,000 and wholesales water to the City of Algona, King County Water District Number 111 and Covington Water District. The Braunwood Satellite System serves approximately 30 people. Treatment plants are listed in the following table. System Source Description of Treatment 03350V S01 Coal Creek Spring Chlorine gas at headworks and pH adjustment at corrosion control treatment facility 03350V S02 West Hill Springs Chlorine gas at source 03350V S07 Well #4 Chlorine gas at source 03350V S14 (Well Field) Well #2 2 Well #6 Well #7 Chlorine (sodium hypochlorite) and pH adjustment at corrosion control treatment facility where sources are combined 03350V S10 Well #5A Chlorine (sodium hypochlorite) at source 03350V S13 Well #5B Chlorine (sodium hypochlorite) and iron and manganese removal at source 03336E S01 Braunwood Chlorine (sodium hypochlorite) at source Update: Sample results from 2004 were well below the concentrations that the WSDOH uses to determine whether a water system qualifies for reduced monitoring. In 2004, the system 03350V Total Trihalomethanes (TTHM) annual average was 0.003 mg/L and the Haloacetic Acids (HAA5) annual average was 0.007 mg/L. The reduced monitoring trigger for 2 of 5 TTHM is an annual average of <0.040 mg/L and for HAA5 an annual average of <0.030 mg/L. For system 03336E, both the TTHM and HAA5 in 2004 were nondetect. The reduced monitoring trigger for TTHM is an annual average of <0.020 mg/L and for HAA5 an annual average of <0.015 mg/L. Based on these results, Auburn updated this plan in 2005 to reflect monitoring reductions allowed by the WSDOH. Required Sampling: Disinfectant Residual Monitoring Chlorine Residual MRDL = 4.0 mg/L as Cl2 Disinfectant Byproduct Monitoring Total Trihalomethanes (TTHM) MCL = 0.080 mg/L Haloacetic Acids (HAA5) MCL = 0.060 mg/L Scheduling: Compliance monitoring began January 1, 2004. 􀂾 Disinfectant residual monitoring is to be performed monthly for both Auburn water systems, in association with currently mandated coliform monitoring. 􀂾 Starting in 2005, in accordance with the monitoring reduction allowed by the WSDOH, disinfectant byproduct monitoring will occur one (1) time per year during the month with the warmest water temperature (assumed to be August) in the City of Auburn water system (03350V). Disinfectant byproduct monitoring in the Braunwood satellite system (03336E) will occur one (1) time per year during the month with the warmest water temperature (assumed to be August). Sampling schedule table: System Disinfectant Residual Disinfection Byproduct Sample for Chlorine Residual Sample for TTHM and HAA5 03350V – City of Auburn Monthly August 03336E -Braunwood Monthly August 3 of 5 Sampling Locations: Disinfectant residual sampling will occur at all of the coliform monitoring sites identified in the City of Auburn Water Quality Monitoring Program. There are fifty-three (53) coliform monitoring sites utilized by the Water Utility. Disinfectant byproduct sampling will occur at seven (7) locations in the City of Auburn water system (one (1) per treatment plant) representing the maximum residence time within the distribution system. Information used to select these sites includes system water age modeling, historic chlorine residual measurement data and existing sample station locations. Sites were selected that are located in different geographical regions of the water distribution system and also represent the different sources of supply. The Braunwood satellite system will be sampled at a site representing the maximum residence time. Disinfectant byproduct sample sites table: System Site Address Auburn Site ID#* 03350V – City of Auburn 3705 West Valley Hwy N B-4 31512 115th Pl SE C-1 2001 36th St SE A-9 3615 Orchard St SE D-5 710 47th St SE A-5 5208 Nathan Loop SE A-13 03336E -Braunwood 4431 47th St SE A-8 *Site ID refers to coliform sampling stations identified in the Water Quality Monitoring Plan for the City of Auburn’s Public Water Systems. Compliance Calculation: Disinfectant residual compliance is based on a running annual arithmetic average, computed quarterly, of monthly averages of all samples collected. Disinfection byproducts compliance is based on a running annual arithmetic average, computed quarterly, of quarterly arithmetic averages of all samples collected. The WSDOH will determine compliance utilizing disinfectant residual data provided by the City and disinfection byproduct data provided by the laboratory that analyzes the City’s samples. 4 of 5 Reporting and Recordkeeping: Disinfectant Residual Monitoring The sample results on the Water Bacteriological Analysis form shall be tabulated and averaged monthly. This information shall be submitted to the WSDOH by the 10th day of the following month with the chlorination report form. Disinfection Byproducts Sampling Sample results will be reported directly to the WSDOH by the laboratory, so no reporting by the City is required. H:\STAFFFILES\WQ\PROJECTS\WQPROG\DDPB STAGE 1\MONITORING PLAN 5 of 5 Appendix M ATTACHMENT 9 OF THE MUNICIPAL WATER LAW Appendix N DISTRIBUTION SYSTEM COST ESTIMATES DRAFT -June 23, 2009 pw:\\oco-pw-app:Carollo\Documents\Client\WA\Auburn\7888A00\Deliverables\Chapter 10\Appendix N.doc Table N.1 Pipe Improvements Projects -High Priority Comprehensive Water Plan City of Auburn Project Location Pipe Length Existing Pipe Diameter (in) Proposed Pipe Diameter (in) Project Cost Year Along 13th ST SE from B street to C street 134 8 $ 27,675 2014 From D street and 22nd St SE, to the west 155 4 8 $ 47,228 2014 Along E street from 4th to Park 171 4 8 $ 52,103 2014 Along 2nd from E to D 235 6 8 $ 71,603 2014 Along 15th Street, East of B Street 249 6 8 $ 75,869 2014 Along 7th from A to B 294 4 8 $ 89,580 2014 Along R street and 4th, south of 3rd 304 6 10 $ 108,902 2014 Along 35th ST NE, west of Auburn Way N 347 6 8 $ 105,729 2014 Along Poplar Street SE, south west of Auburn Way S 371 6 8 $ 113,042 2014 Along View Drive, west of W Valley Highway 398 6 8 $ 121,268 2014 In apartment complex North of 8th Street Between Harvey and Pike 406 4 8 $ 123,706 2014 Along R street and 4th, south of 3rd 439 6 8 $ 133,761 2014 At the Gildorey Elementary School 468 6 10 $ 167,652 2014 Along 37th ST SE from M to O 495 8 $ 102,232 2014 Along 111th and 291st, south from 290th 495 4 8 $ 150,824 2014 From M street east in 600 block to apartment hydrant 500 8 $ 103,265 2014 DRAFT -June 23, 2009 pw:\\oco-pw-app:Carollo\Documents\Client\WA\Auburn\7888A00\Deliverables\Chapter 10\Appendix N.doc Table N.1 Pipe Improvements Projects -High Priority Comprehensive Water Plan City of Auburn Project Location Pipe Length Existing Pipe Diameter (in) Proposed Pipe Diameter (in) Project Cost Year Along 6th east of M 507 8 $ 154,480 2014 Along 111th from 295th to 294th 510 4 8 $ 155,394 2014 Along R street and 4th, south of 3rd 520 4 8 $ 158,441 2014 Along 13th from A to B 538 4 8 $ 163,926 2014 Along B street south from 29th ST 572 6 8 $ 174,285 2014 Along 28th St SE from F street to I street 682 6 8 $ 207,802 2014 Along 122 from 304th south 685 6 8 $ 208,716 2014 Along 27th ST SE from F St to D St 880 6 8 $ 268,131 2014 Along 49th between D and G streets 896 6 10 $ 320,974 2014 Along 49th, east from G street 998 10 $ 250,756 2014 Along Garden Ave, north of SE 320th ST 1072 6 8 $ 326,633 2014 From 8th Street south on the west side of C street 1074 8 $ 221,813 2014 Along N street from 2nd to 5th 1090 4 8 $ 332,117 2014 Along Wyman Drive from 32nd SE to Maple Dr 1102 8 12 $ 438,057 2014 Along Elm Street, south of Auburn Way S 1106 6 8 $ 336,992 2014 Along S and T from R to 26th 1235 6 and 4 8 $ 376,298 2014 At the Chinook Elementary school. The 8" lines could be connected to the 530 zone as an alternative 1244 8 10 $ 445,638 2014 DRAFT -June 23, 2009 pw:\\oco-pw-app:Carollo\Documents\Client\WA\Auburn\7888A00\Deliverables\Chapter 10\Appendix N.doc Table N.1 Pipe Improvements Projects -High Priority Comprehensive Water Plan City of Auburn Project Location Pipe Length Existing Pipe Diameter (in) Proposed Pipe Diameter (in) Project Cost Year Chinook Elementary School 1244 8 10 $ 312,566 2014 Along Green River Blvd, south of SE 320th ST 1250 6 8 $ 380,868 2014 From West Main St to Knickerbockers Drive along West Valley Highway North 1805 6 8 $ 549,974 2014 East along Auburn Way South, then north along 148th. 3200 8 $ 660,895 2014 From 295th to the northwest 3280 6 8 $ 999,398 2014 TOTAL SHORT-TERM $ 9,038,590 Along 13th ST between B and C 538 4 8 $ 163,917 2028 Along 102 from approximate 10th to the end of the road 463 6 8 $ 141,066 2028 East of A street at about 35th 587 8 10 $ 210,269 2028 Into apartment complex south of SE 312 at 127th 558 8 12 $ 221,799 2028 Between 130 and 132nd SE at approximately S 309th ST 697 8 $ 143,943 2028 Along 118th, south of 304th 647 8 12 $ 189,884 2028 TOTAL LONG-TERM $ 1,070,878 DRAFT -June 23, 2009 pw:\\oco-pw-app:Carollo\Documents\Client\WA\Auburn\7888A00\Deliverables\Chapter 10\Appendix N.doc Table N.2 Pipe Improvements Projects -Capacity Comprehensive Water Plan City of Auburn Project Location Pipe Length Existing Pipe Diameter (in) Proposed Pipe Diameter (in) Project Cost Year Along K from Fulmer Clearwell north to 8th and south to 4th 700 12 12 $ 205,439 2014 Along K from Fulmer Clearwell north to 8th and south to 4th 710 12 20 $ 317,912 2014 From Lakeland PS to Evergreen way 334 8 12 $ 132,761 2014 TOTAL SHORT-TERM $ 656,111 From 8th & R street to Reservoir 2 755 20 18 $ 309,889 2028 TOTAL LONG-TERM $ 309,889 DRAFT -June 23, 2009 pw:\\oco-pw-app:Carollo\Documents\Client\WA\Auburn\7888A00\Deliverables\Chapter 10\Appendix N.doc Table N.3 Pipe Improvements Projects -Condition Comprehensive Water Plan City of Auburn Project Location Pipe Length Existing Pipe Diameter (in) Proposed Pipe Diameter (in) Project Cost Year ASBESTOS-CEMENT PIPE Along 108th Ave SE, from 293rd St to 295th St 223 8 10 $ 79,811 2028 Along 298th St. SE, from 112th Ave SE to 111th Ave SE 271 6 8 $ 82,624 2028 Along 298th St. SE, from 110th Ave SE to 109th Ave SE 359 6 8 $ 109,331 2028 Along 11th St SE, from H St SE to I St SE 413 4 8 $ 125,954 2028 Along 12th St NE, from Auburn Ave NE to I St NE 802 6 8 $ 244,299 2028 Along 298th St. SE, from 110th Ave SE to 111th Ave SE 470 4 8 $ 143,278 2028 Along 85th Ave S, from Auburn Way N to 284th St 1388 6 8 $ 422,849 2028 Along 49th St N, from D St. NE to B St. NE 1658 8 10 $ 593,783 2028 NE from 15th St SW near C St. SW 2127 8 10 $ 761,849 2028 Along 108th Ave SE, from 298th St. SE to 299th St. SE 820 6 8 $ 249,910 2028 Along 112th Ave SE, from 290th St. SE to 294th St. SE 1132 8 10 $ 405,355 2028 Along Auburn Way N, from 49th St. NE to 43rd St. NE 2180 6 8 $ 664,335 2028 Along L St SE and 8th St. SE from 12th St. SE to M St. SE 1515 6 8 $ 461,464 2028 Along 111th Ave SE, from 299th St. SE to 297th St. SE, along 297th St. SE, from 111th Ave SE to 110th Ave SE, and along 110th Ave SE, from 297th St. SE to 298th St. SE. 1734 4 8 $ 528,364 2028 TOTAL ASBESTOS-CEMENT PIPES $4,873,205 DRAFT -June 23, 2009 pw:\\oco-pw-app:Carollo\Documents\Client\WA\Auburn\7888A00\Deliverables\Chapter 10\Appendix N.doc Table N.3 Pipe Improvements Projects -Condition Comprehensive Water Plan City of Auburn Project Location Pipe Length Existing Pipe Diameter (in) Proposed Pipe Diameter (in) Project Cost Year AGED & UNDERSIZED PIPES Along 319th St SE, from 109th Ave SE to 119' west 119 4 8 $ 36,186 2028 Extending from V St SE and 5th St SE to 132' south 150 8 10 $ 53,776 2028 Along 2nd St SE, from N St SE to O St SE 144 4 8 $ 43,986 2028 Along 118th Ave SE, from 316th St SE to 318th St SE 570 6 8 $ 173,609 2028 Along 5th St NE from N Division St to A St NE 199 8 10 $ 71,186 2028 Along1st St NE, from U St NE to V St NE 199 4 8 $ 60,684 2028 Along 2nd St SE, from Pike St SE to O St SE 260 4 8 $ 79,182 2028 Along 2nd St NE, from C St NE to D St NE 233 6 8 $ 70,900 2028 Along 29th St SE, from T St SE to U St SE 243 8 10 $ 87,051 2028 Along 3rd St NE, from C St NE to D St NE 261 6 8 $ 79,502 2028 Along R St SE, from E Main St to 3rd St SE 485 8 10 $ 173,654 2028 Along 9th St SE from B St SE to 270' West 270 4 8 $ 82,411 2028 Along U St NE from 19th Dr NE to 2oth St NE 286 6 8 $ 87,207 2028 Along 3rd St NE, from K St NE to M St NE 575 4 8 $ 175,108 2028 Along S St SE, from 28th St Se to 27th St SE 303 6 8 $ 92,197 2028 Parallel to A St SE, from 8th St SE to 13th St SE 1442 6 8 $ 439,357 2028 Perpendicular to A St SE, between 7th and 8th St SE 348 6 8 $ 105,915 2028 DRAFT -June 23, 2009 pw:\\oco-pw-app:Carollo\Documents\Client\WA\Auburn\7888A00\Deliverables\Chapter 10\Appendix N.doc Table N.3 Pipe Improvements Projects -Condition Comprehensive Water Plan City of Auburn Project Location Pipe Length Existing Pipe Diameter (in) Proposed Pipe Diameter (in) Project Cost Year Along Division St, from Main St to 2nd St SE 602 4 8 $ 183,544 2028 Along 11th St SE, from B St SE to 350' west 351 6 8 $ 107,075 2028 Perpendicular to I St NE, between 14th St NE and 15th St NE 378 2 8 $ 115,113 2028 Along A St NW, from Main St to 3rd St NE 1014 6 8 $ 308,952 2028 Along N Division St, from 5th St NE to 7th St NE 386 6 8 $ 117,675 2028 Along 7th St NE from A St NE to B St NE 390 6 8 $ 118,824 2028 Along N St SE, from 3rd St SE to 2nd St SE 409 4 8 $ 124,585 2028 Along 10th St SE from B St SE to A St SE 461 4 8 $ 140,495 2028 Along 316th St SE, from 118th St SE to 119th St SE 412 6 8 $ 125,546 2028 Along private drive between 318th St SE and 319th St SE 447 4 8 $ 136,323 2028 Along O St SE, from 2nd St SE to 3rd St SE 471 6 8 $ 143,587 2028 Along R St NE, from 19th Dr NE to 20th St NE 497 6 8 $ 151,486 2028 Along U St NE, from E Main St to 2nd St NE 479 6 8 $ 145,959 2028 Loop around 17th Drive SE 792 4 8 $ 241,389 2028 Along 28th St SE, from R St SE to M St Se 1260 6 8 $ 383,998 2028 Along N St NE, from 6th St EN to 511' north 511 4 8 $ 155,578 2028 Along Riverview Dr NE, from E Main St to 3rd St NE 871 6 8 $ 284,371 2028 Along 28th Pl SE, from 26th St SE to 28th St SE 515 6 8 $ 157,002 2028 DRAFT -June 23, 2009 pw:\\oco-pw-app:Carollo\Documents\Client\WA\Auburn\7888A00\Deliverables\Chapter 10\Appendix N.doc Table N.3 Pipe Improvements Projects -Condition Comprehensive Water Plan City of Auburn Project Location Pipe Length Existing Pipe Diameter (in) Proposed Pipe Diameter (in) Project Cost Year Along N St SE, from 26th St SE to 28th St SE 519 6 8 $ 158,073 2028 Along Pike St SE from 37th St SE to 38th St SE 519 6 8 $ 158,188 2028 Along 26th St SE, from M St SE to O St SE 785 6 8 $ 239,166 2028 Along 109th Ave SE, from 318th St SE to 320th St SE 540 6 8 $ 164,667 2028 Along M St from 25St SE to 29th ST SE 1309 6 8 $ 417,418 2028 Along L St SE, from 3rd St SE to 4th St SE 551 6 8 $ 167,901 2028 Along 14th St SE, from B St SE to C St SE 554 4 8 $ 168,755 2028 Along O St SE, from 26th St SE to 28th St SE 563 8 10 $ 201,540 2028 Along O St NE, from E Main St to 2nd St NE 582 8 10 $ 208,595 2028 Perpendicular to Auburn Way, parallel to 10th St NE 599 2 8 $ 182,589 2028 Along E St SE, from E Main St to 3rd St NE 864 8 10 $ 309,316 2028 Along T St SE, from E Main St to 4th St SE 1204 6 8 $ 366,706 2028 Along V St SE, from 2nd St SE to 4th St SE 646 6 8 $ 198,521 2028 Along J St SE, from E Main St to 4th St SE 1209 8 10 $ 401,621 2028 Along N St NE, from E Main St to 2nd St NE 631 8 10 $ 226,053 2028 Along 25th St SE, from D St SE to F St SE 632 6 8 $ 192,564 2028 Along 22nd St SE from M St SE to R St SE 1276 6 8 $ 388,831 2028 Along 31st St SE, from M St SE to R ST SE 1269 6 8 $ 386,496 2028 DRAFT -June 23, 2009 pw:\\oco-pw-app:Carollo\Documents\Client\WA\Auburn\7888A00\Deliverables\Chapter 10\Appendix N.doc Table N.3 Pipe Improvements Projects -Condition Comprehensive Water Plan City of Auburn Project Location Pipe Length Existing Pipe Diameter (in) Proposed Pipe Diameter (in) Project Cost Year Along 4th St SE, from R St SE to V St SE 1268 6 8 $ 388,191 2028 Along 24th St SE, from M St SE to R St SE 1264 6 8 $ 385,243 2028 Along 315th St, from 108th Ave SE to 110th Ave SE 663 6 8 $ 202,152 2028 Along 3rd St SE, from M St SE to R St SE 1280 6 8 $ 390,054 2028 Along 34th St SE, along Pike St SE, and along 35th St SE 674 4 8 $ 205,362 2028 Along 24th ST NE, from I St NE to M St NE 1386 6 8 $ 422,237 2028 Along 23rd St SE, from M St SE to R St SE 1262 6 8 $ 384,469 2028 Along Pike St NE, from 19th Dr NE to 22nd St NE 1266 6 8 $ 385,725 2028 Along E Main St, from R St to Riverview Dr 1496 8 10 $ 493,090 2028 Along Pike St NE, from E Main St to 4th St NE 1295 6 8 $ 394,591 2028 Along 317th St SE, from 118th St SE to 119th St SE, and around 317th Pl SE 707 6 8 $ 215,450 2028 Along 21st St NE, from Pike St NE to Riverview Dr NE 1400 6 8 $ 426,700 2028 Along 25th St SE, from K St SE to R St SE 1894 6 8 $ 577,050 2028 Along 323rd Pl SE, from 116th Ave SE to 1,319' east 1319 6 8 $ 401,973 2028 Along R Pl SE, from R St SE to 29th St SE 735 6 8 $ 223,960 2028 Along Pike St SE, from E Main St to 3rd St SE 750 8 10 $ 268,580 2028 Along 19th Dr NE, from Pike St NE to Riverview Dr NE 1478 6 8 $ 450,254 2028 DRAFT -June 23, 2009 pw:\\oco-pw-app:Carollo\Documents\Client\WA\Auburn\7888A00\Deliverables\Chapter 10\Appendix N.doc Table N.3 Pipe Improvements Projects -Condition Comprehensive Water Plan City of Auburn Project Location Pipe Length Existing Pipe Diameter (in) Proposed Pipe Diameter (in) Project Cost Year Along 318th St SE, from 118th St SE to 121st St SE 798 6 8 $ 243,143 2028 Along 10th St NE, from Auburn Ave NE to I St NE 842 6 8 $ 256,427 2028 Along 20th St NE, from U St NE to R St NE 981 6 8 $ 299,040 2028 Along E St NE, from 23rd St NE to 26th St NE 866 6 8 $ 263,721 2028 Along M St SE, from 21st St SE to 24th St Se 965 6 8 $ 293,875 2028 Along K St NE, from E Main St to 4th St NE 1155 6 8 $ 351,869 2028 Along 17th St NE from I St NE to M St NE 1185 6 8 $ 360,932 2028 Parallel to Auburn Black Diamond Rd SE, from R St SE to 1302' east 1302 2 8 $ 396,725 2028 Along 112th Pl SE from 116th Pl SE to 320th St SE 2280 8 10 $ 816,620 2028 Along H St NE, from 8th St NE to 4th St NE 1423 6 8 $ 433,500 2028 Along 118th St SE, along 319th St SE, and along 120th St SE to 318th St SE 1466 6 8 $ 446,580 2028 Along 108th Ave SE, from 320th St SE to 312th St SE 2370 6 8 $ 722,033 2028 Along Auburn Way N, from 28th St NE to 40th St NE 3839 8 10 $ 1,375,063 2028 Miscellaneous Short Segments $ 67,014 2028 TOTAL AGED & UNDERSIZED PIPES $22,132,040 Appendix O PUBLIC WORKS EMERGENCY RESPONSE PROGRAM TOC TABLE OF CONTENTS TAB VOL SUBJECT 1 1 EMERGENCY RESPONSE SOPs 1.0 ACTIVATION OF PUBLIC WORKS ON-SCENE EMERGENCY OPERATIONS CENTER Emergency Team Deployment Form Emergency Time Cards -Examples 1.1 Natural Disaster Generic Contingency Plan Duty and Standby Roster Forms 1.2 Technological Disaster Generic Contingency Plan Duty and Standby Roster Forms 1.3 Employee Emergency Response 1.4 Employee Preparedness – Emergency Worker Status Auburn Public Works Department Homeland Security Advisory System Forms, Instructions, Guidelines and Maps Emergency Assessment Kits – Contents, Ownership and Location Emergency Office Supply Inventory 2 2 1 1 WATER DIVISION Information Contact Personnel Infrastructure Support Staff Employee List CDL Radio Number City Cell Phone Home Phone Address Certified Water Operators District Managers Cross Connection Specialists Backflow Assembly Testers Treatment Operators Certified Fork Lift Operators Chapter 12 -Operations Program 12 -2 TAB VOL SUBJECT WATER DIVISION -(CONTINUED) Reservoirs Interties Wells, Springs, Reservoirs, Treatment, Booster Pumps, Pumps & SCADA Y2K Master Inventory List Equipment Inventory Equipment Rental Fleet Listing Water Quality Testing Companies Emergency Response Plan -Vulnerability Assessment (VA) Attachment 1 VA Assessment Certification Tracking Information for VA Submittal Attachment 2 Emergency Response Plan Certification Tracking Information for VA Emergency Response Plan Submittal Action Plan – Water System Contamination Via Threat Warning Public Communication Strategy Attachment 1 – Boil Water Notice Attachment 2 – Drinking Water Problem Corrected Notice Attachment 3 – EPA Public Notification Handbook SOPs 2.0 Water Division Emergency Response 2.1 Loss of Radio and Telephones 2.2 Complete Loss of Telemetry 2.3 Power Outage 2.4 Broken Water Mains 2.5 Extensive Loss of Mainline Pressure/Isolation of Reservoirs 2.6 Loss of Power at West Hill and Coal Creek Chlorine Stations 2.7 Emergency Booster Pump 2.8 Honda Portable Generator for Telemetry 3 1 SEWER DIVISION Information Contact Personnel Infrastructure Support Staff Chapter 12 -Operations Program 12 -3 TAB VOL SUBJECT 3 1 SEWER DIVISION (CONT.) Employee List CDL Radio Number City Cell Phone Home Phone Address Certified Fork Lift Operators Pump Stations, Siphons, Generators and SCADA Y2K Master Inventory List Equipment Inventory Equipment Rental Fleet Listing SOPs 3.0 Sewer Division Emergency Response 3.1 Loss of Radio and Telephones 3.2 Complete Loss of Telemetry 3.3 Power Outage 3.4 Broken Main Lines 3.5 Sewage Spill Response 3.6 Materials Spill Response 3.7 Honda Portable Generator for Telemetry 4 4 1 STORM DIVISION Information Contact Personnel Infrastructure Support Staff Employee List CDL Radio Number City Cell Phone Home Phone Address Certified Fork Lift Operators Pump Stations, Vaults, Generators and SCADA Y2K Master Inventory List Chapter 12 -Operations Program 12 -4 TAB VOL SUBJECT 1 STORM DIVISION -(CONTINUED) Equipment Rental Fleet Listing Equipment Inventory Green River Pump Operations Procedure Plan (Final) SOPs 4.0 Storm Division Emergency Response 4.1 Loss of Radio and Telephones 4.2 Complete Loss of Telemetry 4.3 Power Outage 4.4 Broken Main Lines 4.5 Flooding in the Streets 4.6 Materials Spill Response 4.7 Honda Portable Generator for Telemetry 5 1 STREET DIVISION Information Contact Personnel Infrastructure Support Staff Employee List CDL Radio Number City Cell Phone Home Phone Address Certified Fork Lift Operators Equipment Rental Fleet Listing Equipment Inventory SOPs 5.0 Street Division Emergency Response 5.1 Loss of Radio and Telephones 5.2 Materials Spill Response 6 1 1 TRAFFIC SIGNAL DIVISION Information Contact Personnel Infrastructure Chapter 12 -Operations Program 12 -5 TAB VOL SUBJECT 6 TRAFFIC SIGNAL DIVISION -(CONTINUED) Support Staff Employee List CDL Radio Number City Cell Phone Home Phone Address Certified Fork Lift Operators Equipment Rental Fleet Listing Equipment Inventory SOPs 6.0 Disabled Traffic Signals Emergency Response 7 2 EQUIPMENT RENTAL DIVISION Information Contact Personnel Infrastructure Support Staff Employee List CDL Radio Number City Cell Phone Home Phone Address Certified Fork Lift Operators Equipment Rental Fleet Listing City Fleet Listing -By Division, Department and Vehicle Category 8 2 FUEL RESOURCES & PROCEDURES Fuel Resources -City Capacity Average Daily Consumption Emergency Scenarios Chapter 12 -Operations Program 12 -6 TAB VOL SUBJECT 8 2 FUEL RESOURCES & PROCEDURES (CONT.) Emergency Use Code SOPs 8.0 Fueling with Portable pumps (M & O Underground Tanks) 8.1 Portable Fueling Tanks (Transporting fuel to Sites throughout Auburn) 9 2 MISCELLANEOUS EMERGENCY EQUIPMENT SOPs 9.0 Honda Portable Generator for Telemetry Loss /Water-Sewer-Storm 9.1 Modular Light Tower/Welder/Generator City Generator List 10 2 CITY PHONE AND ADDRESS CONTACT INFORMATION Emergency Contacts -City Management City of Auburn : Department Telephone Directory Public Works After-Hour Call Information -Condensed Version Public Works After-Hour Call Information -Expanded Version Nextel Direct Connect Numbers Emergency Phone List -Misc SCADA Circuits – Locations, Circuit Numbers, Costs, etc. 11 2 RADIO Basic Radio Procedures 12 2 CITIES, COUNTIES AND REGIONAL AGENCIES – CONTACT INFORMATION Cities Algona Enumclaw Federal Way Kent Pacific Renton Sumner Counties Chapter 12 -Operations Program 12 -7 TAB VOL SUBJECT 12 2 CITIES, COUNTIES AND REGIONAL AGENCIES – CONTACT INFORMATION (CONT.) King Sheriff Natural Resources Emergency Management Transportation Department Water and Land Resources Division Development and Environmental Services Department Pierce Sheriff Public Works and Utilities 13 2 STATE, FEDERAL AND TRIBAL AGENCIES – CONTACT INFORMATION State State Patrol Department of Ecology Emergency Management Division Department of Health Department of Fish and Wildlife Department of Labor and Industries Department of Wildlife Military Department Emergency Management Division – Staff Phone and Email Directory Federal Occupational Safety and Health Administration (OSHA) Environmental Protection Agency (EPA) Federal Emergency Management Administration (FEMA) United States Department of Transportation (USDOT) Native American Government Muckleshoot Indian Tribe 14 14 2 UTILITIES & TRANSPORTATION -CONTACT INFORMATION Enumclaw Gas King County (Department of Natural Resources – Sewage) King County Bus Chapter 12 -Operations Program 12 -8 TAB VOL SUBJECT 2 UTILITIES & TRANSPORTATION -CONTACT INFORMATION (CONT.) Puget Sound Energy (Power and Gas) QWEST Phone Utilities Underground Location Center Utilities Service Williams Gas AT&T Broadband and Internet Service Network Support Center Crisis Emergency Burlington Northern and Santa Fe Railroad Union Pacific Railroad 15 2 MEDIA -CONTACT INFORMATION Newspapers Radio Stations Television Stations 16 2 MUTUAL AID AND WASHINGTON STATE EMERGENCY MANAGEMENT DIVISION Mutual Aid -Washington State Department of Transportation Mutual Aid Introduction Agreement FEMA’s New Mutual Aid Policy Letter – Dianna Staley August 11, 2004 Public Assistance Policy Reference Guide Public Works Emergency Response Letter Chapter 33 Signatory Agencies Main Web Page for Emergency Relief Mutual Aid -Washington Military Department Emergency Management Division Contacts EMD Staff Phone /Email Directory Washington State Emergency Management Division Note: Preliminary Damage Assessment (PDA Chapter 12 -Operations Program 12 -9 TAB VOL SUBJECT 16 2 MUTUAL AID AND WASHINGTON STATE EMERGENCY MANAGEMENT DIVISION (CONT.) Damage Assessment Web Sites PowerPoint Guidelines and Instructions PDA Flowchart Instructions for PA -1 Instructions for PA -2 Instructions for PA -3 PDA Process PDA Estimates by Category/Applicant/County Example PDA Estimates by Category/Applicant/Coun ty Blank PDA Estimates by Category/Applicant/Other Example PDA Estimates by Category/Applicant/Other Blank PDA Estimates by Site Estimate Category A Example PDA Estimates by Site Estimate Category A Blank PDA Estimates by Site Estimate Category B Example PDA Estimates by Site Estimate Category B Blank PDA Estimates by Site Estimate Category C Example PDA Estimates by Site Estimate Category C Blank PDA Estimates by Site Estimate Category D Example PDA Estimates by Site Estimate Category D Blank PDA Estimates by Site Estimate Category E Example PDA Estimates by Site Estimate Category E Blank PDA Estimates by Site Estimate Category F Example PDA Estimates by Site Estimate Category F Blank PDA Estimates by Site Estimate Category G Example PDA Estimates by Site Estimate Category G Blank PDA Estimates Summary Example PDA Estimates Summary Blank Instructions for the Completion of A-19-1A Invoice Voucher Supplemental Information for Resource Requests Individual Assistance Disaster Damage Estimates Form Invoice Voucher Form Request for Resources or Assistance Form Statement of Documentation and Final Inspection Report Form 17 2 GENERAL PROCEDURES FOR CONTRACTING EMERGENCY WORK Emergency Construction Instructions Exhibit 1 -Emergency Public Works Agreement Chapter 12 -Operations Program 12 -10 TAB VOL SUBJECT 17 2 GENERAL PROCEDURES FOR CONTRACTING EMERGENCY WORK (CONT.) Exhibit 2 -Emergency Public Works Contract No. ECXX-XX Exhibit 3 -Emergency Public Works Contract No. EC04-11 Exhibit 4 -Emergency Contract List Exhibit 5 -Emergency Project Checklist General Procedures for Contracting for Emergency Work -Policy 300-07a 18 2 SMALL WORKS ROSTER 19 2 CONSULTANT ROSTER 20 2 CONTRACTORS -HEAVY CONSTRUCTION 21 2 CONTRACTORS -HAZARDOUS WASTE CLEANUP 22 2 CONTRACTORS -STORM SYSTEM, SEWER SYSTEM AND TANK CLEANING 23 2 VENDORS AND SUPPLIERS -THREE (3) LISTS Pipe, Valves and Fittings Aggregate, Sand, Materials, and Concrete Motor Service Pumps and Motors Chlorination Equipment Chlorine Telemetry Fuel Water Sawdust Portable Toilets Sand Sandbag Distributors Government Sandbag Sources Disaster Supplies Barricades Fencing (Rental) Welding (Mobile) Chapter 12 -Operations Program 12 -11 TAB VOL SUBJECT 24 2 EQUIPMENT RENTAL COMPANIES Cummins Northwest, Inc. MP&E Star Rentals United Rentals 25 2 SANDBAG INFORMATION Washington State Military Department State Sandbag Bulk Distribution/Storage and Emergency Usage Policy Sandbag Techniques US Army Corps of Engineers Sandbagging Techniques Note: See Vendors and Suppliers (Tab 23) for purchase of sandbags 26 2 FORMS AND INFORMATION SHEETS Site Maps -Color Key -Map Page (8.5” X 11” to hang near site maps) Site Maps -Color Key (business cards to keep near work area ) USGS News Release -Aftershocks Information (for residents and staff) Emergency Public Works Contract -Blank Copy (for staff) Emergency Purchases Log (for staff) Emergency Workorder List (for staff) Manual Purchase Orders (for staff) Appendix P CROSS CONNECTION CONTROL PROGRAM Page 1 of 38 Water Operations Cross-Connection Control Program Purpose: This document establishes minimum standards for the City of Auburn Cross-Connection Control Program to protect the public water system, as defined in WAC 246-290-010, from contamination via cross-connections. It describes minimum Cross-Connection Control Program operating policies, provides guidelines for installation, testing and maintenance of approved backflow prevention assemblies, permitting process, inspection and survey requirements for existing and new water service connections. The City’s proactive and ongoing Cross-Connection Control Program is an effort to protect the health of its consumers by preventing contaminants and pollutants from entering the public water supply. Washington State Department of Health, Division of Drinking Water requires all public water systems to implement a Cross-Connection Control Program. Elements of the city’s Cross-Connection Control Program must be documented and included in the Comprehensive Water System Plan. Washington Administrative Code WAC 246.290.490 mandates Cross-Connection Control Programs contain the following minimum elements: • Element 1: The purveyor shall adopt a local ordinance, resolution, code, bylaw, or other written legal instrument that: (i) Establishes the purveyor's legal authority to implement a cross-connection control program; (ii) Describes the operating policies and technical provisions of the purveyor's cross connection control program; and (iii) Describes the corrective actions used to ensure that consumers comply with the purveyor's cross-connection control requirements. The City of Auburn has adopted ordinance 5851 amending Auburn City Code Chapter 13.12 entitled “Protection of Water Supply” which establishes the City’s authority for implementing the Cross-Connection Control Program. Page 2 of 38 The Federal Safe Drinking Water Act of 1974 and the statutes of the State of Washington, Title 43 RCW, require purveyors to protect the public water supply from contamination. Enforcement of this Cross-Connection Control Program in the area(s) served by the City of Auburn Water will be in accordance with: • Washington Administrative Code WAC 246-290-490, Cross-Connection Control, effective April 9, 1999; • Auburn City Code, ACC1.20.010 Right of entry for Inspection • Auburn City Code, ACC13.06.260 Service Premises Isolation • Auburn City Code, ACC13.12 Protection of Water Supply; • City of Auburn Water Division, Cross-Connection Control Program; and/or any subsequent revisions, together with any future manuals of standard practice pertaining to Cross-Connection Control approved by Washington State Department of Health, Division of Drinking Water. Consumers and/or premises violating any provisions of this document and/or subsequent revisions shall be subject to enforcement action such as, but not limited to, discontinuance (TURN OFF) of water service to the premises and/or a maximum penalty of $250.00 each day. • Element 2: The purveyor shall develop and implement procedures and schedules for evaluating new and existing service connections to assess the degree of hazard posed by the consumer's premises to the purveyor's distribution system and notifying the consumer within a reasonable time frame of the hazard evaluation results. At a minimum, the program shall meet the following: (i) For connections made on or after April 9, 1999, procedures shall ensure that an initial evaluation is conducted before water service is provided; (ii) For all other connections, procedures shall ensure that an initial evaluation is conducted in accordance with a schedule acceptable to the department; and (iii) For all service connections, once an initial evaluation has been conducted, procedures shall ensure that periodic reevaluations are conducted in accordance with a schedule acceptable to the department and whenever there is a change in the use of the premises. The City’s Cross-Connection Control Program evaluation of new and existing connections is as follows: New connections must comply with the City’s Construction Standards for water, Design Standards 7.01.2.1 Domestic Service, 7.01.2.2Other Services (Irrigation), and 7.01.5.2 Fire Sprinkler Systems, Backflow Assembly Installation Standards (Technical Memo), and evaluated by the City’s Cross-Connection Control Specialist during the permit and plan review process and before service is provided. Water service connection(s) to new consumers and/or premises shall be locked off until the City’s Cross-Connection Control Specialist has conducted a risk assessment, and determine if the backflow Page 3 of 38 protection is commensurate with the degree of hazard. Existing connections are given a risk assessment by the City’s Cross-Connection Specialist to determine if the backflow protection is commensurate with the degree of hazard. A preliminary assessment (site survey) is conducted of all industrial, commercial, multi-family, private water systems consumers and/or non-residential premises for the purpose of determining the need for premises isolation. The City has identified possible Table 9 (high hazard) facilities within its jurisdiction and has a prioritize list for surveying each site. Consumers and/or premises identified as Table 9 (high hazard) facility require premises isolation with an Approved Air Gap and/or Reduced Pressure Backflow Assembly. Consumers and/or premises identified as a (low hazard) facility require premises isolation with an Approved Double Check Valve Assembly if the City’s Cross-Connection Control Specialist (CCS) deems necessary. The consumer and/or premises have the option to install an Approved Air Gap and/or Reduced Pressure Backflow Assembly to avoid future plumbing changes of the premises isolation assembly if the City’s Cross-Connection Control Specialist (CCS) deems necessary. After the initial risk assessment of new and existing connections is conducted, a re-evaluation of the service connection is conducted every five (3) years for Table 9 facilities and every three (5) years for industrial, commercial, multi-family, private water systems and/or non-residential premises. The cost/fees of installation, initial and annual testing, maintenance, and repair or replacement of the backflow assembly shall be the responsibility of the consumer as a condition of water service. • Element 3: The purveyor shall develop and implement procedures and schedules for ensuring that: (i) Cross-connections are eliminated whenever possible; (ii) When cross-connections cannot be eliminated, they are controlled by installation of approved backflow preventers commensurate with the degree of hazard; and (iii) Approved backflow preventers are installed in accordance with the requirements of subsection (6) of this section. The City’s Cross-Connection Control Program endeavors to eliminate all actual or potential physical Cross-Connections where possible, and not allow any actual or potential physical Cross-Connections unless protected by an approved air gap or backflow prevention assembly. Consumers and/or premises shall be responsible for following the provisions of the City’s Cross-Connection Control Program to eliminate and/or install approved backflow protection on all Cross-Connection within their premises. The City’s Cross-Connection program will inventory and track all backflow prevention assemblies on the consumers’ premises used for the protection of the public water supply, but it is the consumer and/or premises responsibility to test, maintain, repair, or replace all backflow prevention assemblies within their premises. Page 4 of 38 • Element 4: The purveyor shall ensure that personnel, including at least one person certified as a CCS, are provided to develop and implement the cross-connection control program. The City’s Cross-Connection Control Program employs State Certified personnel. The program currently staffs (2) two full time employees certified as Cross-Connection Control Specialist, Backflow Assembly Tester, and Water Distribution Manager. • Element 5: The purveyor shall develop and implement procedures to ensure that approved backflow preventers relied upon to protect the public water system are inspected and/or tested (as applicable) under subsection (7) of this section. Subsection (7) Approved backflow preventer inspection and testing. (a) For backflow preventers that protect the public water system, the purveyor shall ensure that: (i) A CCS inspects backflow preventer installations to ensure that protection is provided commensurate with the assessed degree of hazard; (ii) Either a BAT or CCS inspects: (A) Air Air gaps installed in lieu of approved backflow prevention assemblies for compliance with the approved air gap definition; and (B) Backflow prevention assemblies for correct installation and approval status. (iii) A BAT tests approved backflow prevention assemblies for proper operation. (b) The purveyor shall ensure that inspections and/or tests of approved air gaps and approved backflow assemblies that protect the public water system are conducted: (i) When any of the following occur: (A) Upon installation, repair, reinstallation, or relocation of an assembly; (B) Upon installation or replumbing of an air gap; (C) After a backflow incident involving the assembly or air gap; and (ii) Annually thereafter, unless the purveyor requires more frequent testing for high hazard premises or for assemblies that repeatedly fail. (c) The purveyor shall ensure that inspections of AVBs installed on irrigation systems are conducted: (i) At the time of installation; (ii) After a backflow incident; and (iii) After repair, reinstallation, or relocation. (d) The purveyor shall ensure that approved backflow prevention assemblies are tested using procedures acceptable to the department, such as those specified in the most recently published edition of the USC Manual. When circumstances, such as, but not limited to, configuration or location of the assembly, preclude the use of USC test procedures, the purveyor may allow, on a case-by-case basis, the use of alternate (non-USC) test procedures acceptable to the department. Page 5 of 38 (e) The purveyor shall ensure that results of backflow prevention assembly inspections and tests are documented and reported in a manner acceptable to the purveyor. (f) The purveyor shall ensure that an approved backflow prevention assembly or AVB, whenever found to be improperly installed, defective, not commensurate with the degree of hazard, or failing a test (if applicable) is properly reinstalled, repaired, overhauled, or replaced. (g) The purveyor shall ensure that an approved air gap, whenever found to be altered or improperly installed, is properly replumbed or, if commensurate with the degree of hazard, is replaced by an approved RPBA. The City’s Cross-Connection Control Program requires all backflow prevention assemblies installed within the consumers and/or premises be tested and/or inspected at time of installation, annually (yearly anniversary date), after a backflow incident, repair, reinstallation, or relocation. Consumers and/or premises are responsible for all cost/fee to test, , maintain, repair, or replace backflow prevention assemblies within their premises. Consumers and/or premises are also responsible for submitting all test reports for backflow prevention assemblies within their premises to the City’s Cross-Connection Control Program within 30 days of testing the backflow preventions assemblies. Test reports received over the 30 days grace period may be returned to the consumer and/or premises for re-testing of the backflow prevention assemblies. Person testing the backflow prevention assemblies shall be a State Certified Backflow Assembly Tester on the City’s Approved List, and only test reports approved by City of Auburn shall be accepted. Test reports not approved for use by the City of Auburn shall be returned to the consumer and/or premises. Test report forms shall be complete, accurate, and legible. Procedures for inspection and/or testing of backflow prevention assemblies for existing consumers and/or premises are as follows: Annual Testing The City mails notices to existing consumers and/or premises of the annual testing or re-testing of the backflow prevention assemblies within their premises. The First Notice is mailed 30 days prior to anniversary test due date. If test reports are not received by anniversary test due date then a Second Notice is mailed giving the consumer and/or premises 15 days to test the backflow prevention assemblies. A Third Notice is mailed if the test reports are not received from the consumer and/or premises by date given on second notice. The third notice gives the consumer and/or premises 7 days to test the backflow prevention assemblies. The final notification before enforcement action is a Door Hanger hand carried to the consumer(s) and/or premises. The door hanger gives the consumer and/or premises 48 hours to have the backflow prevention assemblies tested and certified to be functioning correctly. Enforcement action includes, but is not limited to, a $250.00 fine each day and/or discontinuance (TURN OFF) of water service. Page 6 of 38 Repair, Reinstallation, or Relocation Testing The City mails notices to existing consumers and/or premises of the repair, reinstallation, or relocation for the testing of the backflow prevention assemblies within their premises. Failure notices for backflow assemblies used for high health hazards are as follows: The First Notification is mailed after receiving written notice from the backflow assembly tester identifying the failed test, reinstallation or relocation of the backflow assembly. A valid test report showing the repairs made with passing results, and/or initial testing of the reinstalled or relocated backflow assembly must be received within 7 days of the written notice. If a valid test report is not received within the 7 days, then a Second Notification is mailed giving the consumer and/or premises 5 days to submit a valid test report showing the repairs made with passing results, and/or initial testing of the reinstalled or relocated backflow assembly. If a valid test report is not received within the 5 days, then a Third Notification is mailed giving the consumer and/or premises 3 days to submit a valid test report showing the repairs made with passing results, and/or initial testing of the reinstalled or relocated backflow assembly. The final notification before enforcement action is a Door Hanger hand carried to the consumer(s) and/or premises. The door hanger gives the consumer and/or premises 48 hours to have the backflow prevention assemblies tested and certified to be functioning correctly. Enforcement action includes, but is not limited to, a $250.00 fine each day and/or discontinuance (TURN OFF) of water service. Failure notices for backflow assemblies used for low health hazards are as follows: The First Notification is mailed after receiving written notice from the backflow assembly tester identifying the failed test, reinstallation or relocation of the backflow assembly. A valid test report showing the repairs made with passing results, and/or initial testing of the reinstalled or relocated backflow assembly must be received within 15 days of the written notice. If a valid test report is not received within the 15 days, then a Second Notification is mailed giving the consumer and/or premises 10 days to submit a valid test report showing the repairs made with passing results, and/or initial testing of the reinstalled or relocated backflow assembly. If a valid test report is not received within the 10 days, then a Third Notification is mailed giving the consumer and/or premises 5 days to submit a valid test report showing the repairs made with passing results, and/or initial testing of the reinstalled or relocated backflow assembly. The final notification before enforcement action is a Door Hanger hand carried to the consumer(s) and/or premises. The door hanger gives the consumer and/or premises 48 hours to have the backflow prevention assemblies tested and certified to be functioning correctly. Enforcement action includes, but is not limited to, a $250.00 fine each day and/or discontinuance (TURN OFF) of water service. Procedures for inspection and/or testing of backflow prevention assemblies for new consumers and/or premises are as follows: Page 7 of 38 Initial Testing & Inspection of Backflow Prevention Assemblies The consumer, contractor, and/or premises is required to comply with the City’s Construction Standards, Design Standards, Backflow Assembly Installation Standards (Technical Memo), and evaluated by the City’s Cross-Connection Control Specialist during the permit and plan review process and before service is provided. A Backflow Assembly Plumbing Permit (BFL) shall be issued for all backflow prevention assemblies installed within the City’s water distribution system. The backflow prevention assemblies shall be tested by a State Certified Backflow Assembly Tester, approved to test within the City’s water distribution system. The City’s Cross-Connection Control Specialist shall inspect the installation on the backflow prevention assemblies and collect all valid test reports certifying the backflow prevention assemblies are functioning correctly. The Backflow Assembly Plumbing Permit (BFL) is then finalized in CRW. The City’s Cross-Connection Control Specialist may require corrections and/or additions during the inspection process. If so, corrections and/or additions shall be completed to the satisfaction of the City’s Cross-Connection Control Specialist before occupancy of the facility. City Owned Backflow Assemblies: The Cross-Connection Control Program currently test and maintain 160 backflow prevention assemblies within City owned facilities. The City employs (4) four Certified Backflow Assembly Testers, (2) two in the Parks Department and (2) two in Water Operations. The backflow prevention assemblies are tested and inspected annually (anniversary date is May 30th of each year), or more often if needed (type B hydrant meter carts are tested when returned). February 2005 Hydrant Meter Permit Regulations: Water quality, accountability, safety, infrastructure reliability and security were the catalyst for creation of the Hydrant Meter Permit Regulations for private party customer withdrawal of water from fire hydrants. (See regulations for requirements) Element 6: The purveyor shall develop and implement a backflow prevention assembly testing quality control assurance program, including, but not limited to, documentation of BAT certification and test kit calibration, test report contents, and time frames for submitting completed test reports. • CERTIFIED BACKFLOW ASSEMBLY TESTER 1. Backflow Assembly Tester MUST be currently certified to test in Washington State and approved by the City’s Cross-Connection Control Program prior to testing any backflow assemblies within the City’s Water Distribution System. 2. Certified Backflow Assembly Tester MUST submit the following information before any Test Report Forms will be accepted: • Copy of the (Current Year) BAT Validation Card issued by Washington State Department of Health. Page 8 of 38 • Copy of the Current Calibration Certificate for all testing equipment clearly stating whom the testing equipment belongs to and/or is used by. • Original Certified Backflow Assembly Tester Agreement Form completed, signed and dated for the (Current Year). No copies or faxes of this form will be accepted. By signing the Tester Agreement, the BAT Tester understands and will abide with the City’s Tester Program Requirements. • Contact information including company name, address, and phone number(s) • Auburn Business Registration Number 3. NEW FOR 2008 -BAT Tester may be asked to demonstrate test procedures using current Backflow Prevention Assemblies Field Test Procedure Approved for Use in Washington State to a Cross Connection Control Specialist and/or Certified Backflow Assembly Tester employed by the City. Failure to abide to this request may result in backflow assembly testing privileges discontinued within the City’s Water Distribution System. 4. Tester demonstrating gross negligence or suspected of being fraudulent will be investigated and reported to Washington State Department of Health Certification Office. Test Report Forms from Backflow Assembly Tester under investigation will NOT be accepted and returned to the owner of the assembly. 5. Failure to comply with any part of the City’s Tester Program Requirements will result in the Backflow Assembly Test Report Form being rejected and returned to the owner of the assembly, and/or Backflow Assembly testing privileges discontinued within the City’s Water Distribution System. 6. Auburn Municipal Code requires business operating within the City limits to obtain a business registration number from the permit center located at city hall. • BACKFLOW ASSEMBLY TESTING EQUIPMENT 1. Backflow assembly testing equipment MUST meet all requirements set by Washington State Department of Health. 2. A copy of the Current Calibration Certificate of all testing equipment clearly stating whom the testing equipment belongs to and/or is used by MUST be submitted. 3. Backflow assembly testing equipment suspected of being damaged, malfunctioning and/or fraudulent will require re-calibration and/or repair. The new Calibration Certificate MUST be submitted to the City’s Cross Connection Control Program before any Test Report Forms will be accepted. • BACKFLOW ASSEMBLY TESTING/INSPECTION 1. Tester MUST use current Backflow Prevention Assemblies Field Test Procedures Approved for Use in Washington State. No other test procedures will be accepted. Page 9 of 38 2. The City’s Cross-Connection Control Program MUST be notified of Initial Testing for all New Backflow Assemblies. Tester shall provide the Backflow Assembly Plumbing Permit Number (example BFL07-0000) when notifying of Initial Testing. Backflow Assembly installed within the City’s Water Distribution System requires a Backflow Assembly Plumbing Permit. 3. Initial Inspection of Backflow Assembly will NOT be conducted without a valid Backflow Assembly Plumbing Permit and Test Report Form. Backflow Assembly Plumbing Permit will NOT be finalized without a valid Test Report Form and site inspection of assembly installation. 4. The City’s Cross-Connection Control Program MUST be notified within 24hrs, if a Reduced Pressure Backflow Assembly (RPBA), used for High Hazard Protection, FAILS an initial, annual and/or repeat test. 5. Backflow assemblies MUST have all test ports plugged in areas subject to flooding. • BACKFLOW ASSEMBLY TEST REPORT FORMS 1. Only the Original Copy of the City of Auburn Test Report Form will be accepted. (NO OTHER TEST REPORT WILL BE ACCEPTED WITHOUT PRIOR APPROVAL) Tester MUST contact the City’s Cross-Connection Control Program for prior approval of private Test Report Form. Private Test Report Form MUST used the same format as the City’s Test Report Form. Test Report Form NOT approved will be returned to the owner of the assembly. 2. Backflow Assembly Test Report Form MUST be submitted to the City’s Cross Connection Control Program within 30 days of completing the test. Test Report Form over 30 days will NOT be accepted and returned to the owner of the assembly. 3. Backflow Assembly Test Report Form MUST be Complete, Accurate and Legible. 4. Test Report Form MUST have documentation of any repairs, cleaning or flushing of backflow assembly. 5. Test Report Form will be returned to the owner of the Backflow Assembly if the tester fails to comply with any part of the City’s Tester Program Requirements. 6. Test Report Form suspected of be fraudulent will be investigated and reported to Washington State Department of Health Certification Office. 7. Test Report Form received from any BAT tester under investigation will be rejected and returned to the owner of the backflow assembly. • APPROVED BACKFLOW ASSEMBLY TESTER 1. The City’s Cross-Connection Control Program MUST mail BAT Requirement Letter to previously registered tester no later than December 31st of each year. Tester not previously registered with the City’s Cross Connection Control Program will receive a BAT Requirement Letter upon request. 2. Tester will NOT be allowed to test backflow assembly within the City’s Water Distribution System until all required information is received. 3. Tester NOT registered with the City’s Cross-Connection Control Program by the Washington State Department of Health renewal cut-off date, will NOT be Page 10 of 38 allowed to test backflow assembly within the City’s Water Distribution System until all required information is received. 4. Tester NOT registered with the City’s Cross-Connection Control Program by the Washington State Department of Health renewal cut-off date, will NOT be listed on the City’s Approved Tester List given to customers upon request. 5. Tester NOT registered with the City’s Cross-Connection Control Program by the Washington State Department of Health renewal cut-off date, will NOT have Test Report Form accepted by the City’s Cross-Connection Control Program and returned to the owner of backflow assembly. 6. The City’s Cross-Connection Control Program will only list the testers Name, Phone Number(s), and BAT Certification Number on the City’s Approved Tester List given to customers upon request. 7. The City’s Cross-Connection Control Program will list tester in the order received. Tester will NOT be listed until all information requested is submitted. The City’s Approved Tester List does not indicate any preference, is completely at our discretion and subject to space availability. 8. The City’s Approved Tester List is updated on the 1st of every month. 9. The City’s Approved Tester List is available as a hard copy or on h-drive under Cross-Connection in electronic form. 10. Tester may request approval to test within the City’s Water Distribution System and NOT listed on the City’s Approved Tester List. • BACKFLOW ASSEMBLY TESTER RECORDS & RECORD KEEPING 1. All paperwork received from Tester MUST be date stamped the day they are received. 2. Information from paperwork MUST be date stamped and recorded in Tokay. 3. All paperwork received from Tester for the (Current Year) MUST be stapled together and placed into a file folder marked with the company name the Tester is employed by. 4. All paperwork MUST be stapled in the following order: • Original Tester Agreement Form for the (Current Year) • Copy of the DOH/BAT Validation Card for the (Current Year) • Copy of the Test Equipment Calibration for the (Current Year) 5. All certification paperwork received from Tester MUST be kept for a minimum of two years. 6. Paperwork such as questionable Test Report Form, Annual Tester Requirement Letter and/or Department of Health Complaint Form MUST be kept on file for as long as the Tester is Currently Registered in Washington State. (Verify annually on WETRC web-site) 7. The following information MUST be recorded in Tokay: • Assigned Code for new and existing Testers • Tester Status (active/inactive) • Company Name, Address and Phone Number(s) • BAT Certification Number issued by the Department of Health • “Date stamped” received • Expiration date for BAT Validation Page 11 of 38 • Test equipment serial number and calibration date • Tester Agreement and Customer List Status • Certification Status 8. When all required paperwork is received and recorded, then the Tester name, certification number and phone number(s) is placed on the “City’s Approved Tester List distributed to customers upon request”. (This is only for Tester requesting to be on the City’s Approved Tester List) 9. Tester NOT requesting to be on the City’s Approved Tester List will only be track by Tokay. • BACKFLOW ASSEMBLY TESTER INVESTIGATION/COMPLAINT 1. Cross Connection Specialist MUST notify Supervisor(s) for approval before starting investigation. 2. Send a Certified Letter to the Tester informing them of the intended investigation. (This letter will require the Tester to Stop Testing Backflow Assemblies within the City’s Water Distribution System until the investigation is complete and the Tester has been cleared by the City’s Cross Connection Control Program in writing (No time frame will be set for investigation). 3. Remove the Tester name, certification number and phone number(s) from the City’s Approved Tester List and place status in Tokay as Inactive. 4. Review all Test Report Forms received from Tester for the (Current Year) to look for other discrepancies. 5. Compare previous history of Test Report Forms for each backflow assembly in question. 6. Conduct an on-site investigation and test of each backflow assembly in question. 7. Take pictures and documentation of each backflow assembly in question. 8. Review current Backflow Prevention Assemblies Field Test Procedures Approved for Use in Washington State to verify test procedures. 9. Review current Backflow Prevention Assemblies Approved for Installation in Washington State to verify status of backflow assembly. 10. Require Tester meet a Cross Connection Control Specialist and/or Certified Backflow Assembly Tester employed by the City to demonstrate test procedures using current Backflow Prevention Assemblies Field Test Procedure Approved for Use in Washington State. 11. Review findings of investigation with Supervisor(s) and acquire approval to discuss with Tester and Washington State Department of Health 12. Review finding of investigation with Tester. 13. Tester may submit a written rebuttal to the finding of the investigation after the review with the City’s Cross Connection Control Program. 14. Review finding of investigation with Washington State Department of Health Certification office. (Fill out State Complaint Form) The State will conduct its own investigation and deliver its finding in writing. 15. Review the States finding with Supervisor(s) to determine status of Tester. • Tester Cleared – Send Certified Letter reinstating testing privileges within the City’s Water Distribution System. Page 12 of 38 • Tester Not Cleared – Send Certified Letter revoking testing privileges within the City’s Water Distribution System for as long as the Tester is Currently Registered in Washington State. 16. All paperwork from the investigation MUST be kept on file for as long as the Tester is Currently Registered in Washington State Tester(s) not complying with any part of the aforementioned requirements shall be removed from the City’s Approved Tester List. Test report forms shall be returned to the consumer and/or premises of the backflow prevention assemblies tested. The City reserves the right to deny a Backflow Assembly Tester from performing testing within the City’s water distribution system. Tester(s) are responsible for obtaining all certifications needed to perform duties and responsibilities for testing and maintaining backflow prevention assemblies. • Element 7: Develop and implement (when appropriate) procedures for responding to backflow incidents. The City’s Cross-Connection Control Program has outlined a Backflow Incident Response Procedure to be followed if the City’s water supply becomes contaminated or polluted due to a backflow incident. BACKFLOW INCIDENT RESPONSE PLAN (Supplement to the Emergency Plan) General: This backf low incident response plan is a supplement to the Ci ty’s Response Emergency Plan. The Ci ty of Auburn Water Divi sion is hereinaf ter referred to as the Purveyor. • Whenever the ini t ial evaluat ion of a water qual i ty complaint indicates that a backf low incident has occurred (potable water supply has been contaminated/pol luted), may have occurred, or the reason for the complaint can not be explained as a "normal" aesthet ic problem, a backf low incident invest igat ion should be immediately ini t iated. Whenever a water main break or power outage (pumped systems) causes a widespread loss of water pressure (backsiphonage condi t ions) i t is prudent to ini t iate a check of distribut ion water qual i ty as a precur sor to the need for a backf low incident invest igat ion. I t is wise to be conservat ive when deal ing wi th publ ic heal th mat ters. • Within 24 hours of knowledge of any incident of possible contamination of the potable water supply, both in the distribution system and/or in the customer's plumbing system, the state and local county personnel should be notified (see list of emergency telephone numbers in the Public Works Emergency Response M. & O. Manual). Page 13 of 38 • A backflow incident investigation is often a team effort. The investigation should be made or (initially) lead by a Certified Cross-Connection Control Specialist employed by the Purveyor. The investigation team should include local health and plumbing inspectors. Gene ral guidance on how to respond to a backf low incident may be obtained from the manual BACKFLOW INCIDENT INVESTIGATION PROCEDURES, Fir s t Edi t ion, 1996, publ i shed by the Pac i f ic Nor thwest Se ct ion, Ame rican Water Works As sociat ion, P. O. Box 19581, Por t land, Oregon, 97280, telephone (877) 767-2992 ( tol l f re e) . Short-List of Tasks: The following points are included for initial guidance for dealing with a backflow incident; the above referenced manual BACKFLOW INCIDENT INVESTIGATION PROCEDURES should be consulted as soon as possible. 1. As soon as possible, notify customers not to consume or use water. Start the notification with the customers nearest the assumed source of contamination (usually the customer(s) making the water quality complaint). The customer should be informed about the reason for the backflow incident investigation, and the Purveyor's efforts to restore water quality as soon as possible. State that the customer will be informed when he may use water, the need to boil water used for consumption until a satisfactory bacteriological test result is obtained from the lab, etc. Where a customer cannot be contacted immediately, the Purveyor shall place a written notice on the front door handle, and a follow-up visit will be made to confirm that the customer received notice about the break and possible contamination of the water supply. 2. Give consideration to the distribution system as a potential source of the contaminant (e.g., air valve inlet below ground). 3. Do not start flushing the distribution system until the source of contamination is identified. Flushing may aggravate the backflow situation and will likely remove the contaminant before a water sample can be collected to fully identify the the contaminant. 4. Conduct a house-to-house survey to search for the source of contamination and the extent that the contaminant has spread through the distribution system. A check of water meters may show a return of water (meter running backward). 5. Isolate the portions of the system that are suspected of being by closing isolating valves; leave one valve open to ensure that positive water pressure is maintained throughout the isolated system. 6. Be sure to notify all affected customers in the isolated area, then the other customers in the system. Page 14 of 38 7. The public health and plumbing authorities should deal with all customers that may have consumed the contaminant, or had their plumbing systems contaminated. 8. Develop and implement a program for cleaning the contaminated distribution system. 9. For the customer where a cross-connection responsible for the system contamination is located, the Purveyor should discontinue water service until the Purveyor ordered corrective action is completed by the customer. Identification of the source and type of contaminant, and cleaning of a distribution system could take several days. Most chemical or physical contaminants can be flushed from the water distribution system or customer's plumbing system with adequate flushing velocity. This may not be the case where scale and corrosion deposits (e.g., tuberculation on old cast iron mains) provides a restriction to obtaining adequate flushing velocity, or a chemical deposit or bacteriological slime (biofilm) on which the chemical contaminant may adhere. To remove a chemical or physical contaminant, it may be necessary to provide a physical cleaning, using foam swabs (pigs), and/or to alter the form or the chemical contaminant, e.g., through oxidation using chlorination, or addition of detergents. When adding any chemical (including chlorine) to remove a contaminant, it is essential that the chemistry of the contaminant is-fully understood. The wrong chemical reaction could make the contaminant more toxic, more difficult to remove, or both. Where both a chemical and bacteriological contamination has occurred, disinfection should follow the removal of the chemical contaminant. Where any bacteriological contamination is suspected, field disinfection should be done. To disinfect water mains using the "slug" or "continuous flow" method, a field unit should be used for chlorine injection, such as a chemical feed -metering or proportioning pump for sodium hypochlorite. NOTE: Refer to the City’s Backflow Incident Response Manual for additional information. Element 8: The purveyor shall include information on cross-connection control in the purveyor's existing program for educating consumers about water system operation. The public education program may include periodic bill inserts, public service announcements, pamphlet distribution, notification of new consumers and consumer confidence reports. Public education is a key part of the City’s Cross-Connection Control Program. Through public education, the City informs consumers of: 1. The public health impacts of actual or potential Cross-Connection hazards. Page 15 of 38 2. The consumer’s responsibility to protect the public water supply from contamination. 3. The City’s requirement to comply with Washington State Department of Health regulations. 4. The City’s policies on Cross-Connection Control. The following educational material is provided to the City’s water consumers and available at City Hall, Maintenance & Operations, and by mail if requested. • Annual Consumer Confidence Report CCR • City of Auburn internet home page, Water Quality • Brochure – AWWA Caution Your Hose May Be Hazardous To Your Health • Brochure – USC Working Together For Safe Water • Brochure – AWWA Residential Fire Sprinkler Systems And Backflow Prevention • Brochure – AWWA Lawn Irrigation Systems And Backflow Prevention • Brochure – AWWA Help Protect Your Drinking Water From Contamination (Household Hazards) • Brochure – AWWA Protect Your Water Heater From Thermal Expansion • Brochure – AWWA Cross-Connections Can Create Health Hazards • Comic Books – ABPA Buster Backflow, book 1 & 2 The Cross-Connection Control Program annually participates at “Kids Day” where displays and information are presented to the City’s water consumers. Future educational programs shall include video presentations and public school visits. Element 9: The purveyor shall develop and maintain cross-connection control Records including, but not limited to, the following: (i) A master list of service connections and/or consumer's premises where the purveyor relies upon approved backflow preventers to protect the public water system from contamination, the assessed hazard level of each, and the required backflow preventer(s); (ii) Inventory information on backflow preventers that protect the public water system including: (A) Approved air gaps installed in lieu of approved assemblies including exact air gap location, assessed degree of hazard, installation date, history of inspections, inspection results, and person conducting inspections; (B) Approved backflow assemblies including exact assembly location, assembly description (type, manufacturer, model, size, and serial number), assessed degree of hazard, installation date, history of inspections, tests and repairs, test results, and person performing tests; and (C) Approved AVBs used for irrigation system applications including location, description (manufacturer, model, and size), installation date, Page 16 of 38 history of inspection(s), and person performing inspection(s). (iii) Cross-connection program summary reports and backflow incident reports required under subsection (8) of this section. Subsection 8 – Recordkeeping and reporting (a) Purveyors shall keep cross-connection records for the following time frames: (ii) Records pertaining to the master list of service connections and/or consumer’s premises required in subsection (3)(j)(i) of the section shall be kept as long as the premises pose a cross-connection hazard to the purveyor’s distribution system; (iii) Records regarding inventory information required in subsection (3)(j)(ii) of this section shall be kept for five years or for the life of the approved backflow preventer whichever is shorter: and (iv) Records regarding backflow incidents and annual summary reports required in subsection (3) (j) (iii) of this section shall be kept for five years. (b) Purveyors may maintain cross-connection control records in original form or transfer data to tabular summaries. (c) Purveyor may maintain records or data in any media, such as paper, film, or electronic format. (d) The purveyor shall complete the cross-connection control program summary report annually. Report forms and guidance on completing the report are available from the department. (e) The purveyor shall make all records and reports required in subsection (3) (j) of this section available to the department or its representative upon request. The City’s Cross-Connection Control Program currently uses Tokay electronic software to track level of hazard, location, installation date, inspection history, test and repair history, test results, and inspecting personnel on backflow prevention assemblies used for the protection of the City’s water supply and/or backflow prevention assemblies used on fixtures in lieu of premises isolation. Backflow prevention assemblies under the control of the Local Administrative Authority (City of Auburn Building Department), which include consumers and/or premises premises with premises isolation (backflow assemblies installed on the water service lines) or consumers and/or premises not within the jurisdiction of the City’s water distribution system (Bonney Lake Water and Lake Haven Water Districts), are tracked on a Microsoft Word Spreadsheet. Page 17 of 38 Annual summary report: WAC 246.290.490, part 8d – The purveyor shall complete the cross-connection control program summary report annually. • The annual summary report is reviewed and signed by the Water Operations Manager, and submitted to the Department of Health via mail, or secured web site. • Copies of the annual summary report are available in the Cross-Connection Program Manual. Records & Reports: Purveyors must develop and maintain records of their Cross-Connection Control program, as mandated by WAC 246.290.490. At a minimum, purveyors must maintain the following records: • Master list of service connections and/or premises where backflow prevention assemblies are installed to protection the public water system. • Assessed hazard level of each backflow prevention assembly. • Inventory information on approved air gaps, including location, degree of hazard, installation date, inspection history & results, and personnel conducting inspection. • Backflow prevention assembly inventory information including location, assembly description, installation date & history, test & repair history, test results, and personnel conducting inspection. • Program summary and backflow incident reports. Element 10: Purveyors who distribute and/or have facilities that receive reclaimed water within their water service area shall meet any additional cross-connection control requirements imposed by the department in a permit issued under chapter 90.46 RCW. No reclaimed water within the purveyor’s water system. General Program Requirements: WAC246-290-490(1) (c): The purpose of the purveyor’s cross-connection program shall be to protect the public water system, as defined in WAC 246-290-010, from contamination via cross-connections. This is covered under Element 1 of the City’s Cross Connection Control Program. Page 18 of 38 WAC 246-290-490(1) (d): The purveyor’s responsibility for cross-connection control shall begin at the water supply source, include all the public water treatment, storage, and distribution facilities, and end at the point of delivery to the consumer’s water system, which begins at the downstream end of the service connection or water meter located on the public right-of-way or utility-held easement. The City’s Cross Connection Control Program is not responsible for Cross Connection Control inside the consumer’s building and/or property. The jurisdiction falls under the Local Administrative Authority as per the Uniform Plumbing Code for Cross Connection Control 603.0 WAC 246-290-490(1) (e): Under this section, purveyors are not responsible for eliminating or controlling cross-connections within the consumer's water system. Under chapter 19.27 RCW, the responsibility for cross-connection control within the consumer's water system, i.e., within the property lines of the consumer's premises, lies with the authority having jurisdiction. The City’s Cross Connection Control Program is responsible for all eliminating and/or controlling Cross Connections from the consumer’s water system to the public water system. Service connections from the water main shall have backflow protection that is commensurate with the degree of hazard as accessed by the City’s Cross Connection Control Specialist. Examples of service connections include but are not limited to, domestic water, irrigation water and fire protection water. WAC 246-290-490(2) (a) The purveyor shall develop and implement a crossconnection control program that meets the requirements of this section, but may establish a more stringent program through local ordinances, resolutions, codes, bylaws, or operating rules. This is covered under Element 1 of the City’s Cross Connection Control Program. WAC 246-290-490(2) (b) Purveyors shall ensure the good engineering and public health protection practices are used in the development and implementation of cross-cross-connection control programs. Department publications and the most recently published editions of references, such as, but not limited to, those listed below, may be used as guidance for cross-connection program development and implementation: (i) Manual of Cross-Connection Control published by the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California (USC Manual); or (ii) Cross-Connection Control Manual, Accepted Procedure and Practice published by the Pacific Northwest Section of the American Water Works Association (PNWS-AWWA Manual) (iii) Guidance document: Cross-Connection Control for Small Water Systems published by the department. Page 19 of 38 The following reference guides and publications were used in the development of the City’s Cross-Connection Control Program; • Washington Administrative Code WAC 246-290, Group A Public Water Systems, effective April 27, 2003 • Cross-Connection Control Manual Accepted Procedures ad Practice 6th Edition, December 1995 • Cross-Connection Control Manual Supplement 1st Edition, December 1995 • Cross-Connection Control for Small water Systems Guidance Document, September 2003 • Backflow Incident Investigation Procedures 1st Edition, December 1996 • Environmental Protection Agency Cross-Connection Control Manual, revised February 2003 • American Society of Sanitary Engineering, Performance Requirements for Outdoor Enclosures for Backflow Prevention Assemblies • Backflow Prevention Assemblies Field Test Procedures Approved for use in Washington State, July 1998 • Uniform Plumbing Code 2000 Edition, September 1999 • Backflow Prevention Assemblies Approved for Installation in Washington State, published annually • University of Southern California Manual of Cross-Connection Control 9th Edition, December 1993 • American Water Works Association Recommended Practice for Backflow Prevention and Cross-Connection Control M14 3rd Edition, 2004 • American water Works Association Distribution System Requirements for Fire Protection M31 3rd Edition, 1998 WAC 246-290-490(2) (c) The purveyor may implement the cross-connection control program, or any portion thereof, directly or by means of a contract with another agency or party acceptable to the department. The City’s Water Division implements the Cross-Connection Control Program WAC 246-290-490(2) (d) The purveyor shall coordinate with the authority having jurisdiction in all matters concerning cross-connection control. The purveyor shall document and describe the coordination, including delineation of responsibilities, in the written cross-connection control program required in (e) of this subsection. • The Local Administrative Authority shall enforce the Uniform Plumbing Code and Uniform Plumbing Code Standards for Cross-Connection Control, or subsequent revisions: 1. 603.0 Cross-Connection Control 2. 603.1 Approval of Devices or Assemblies Page 20 of 38 3. 603.2 Backflow Prevention Devices, Assemblies, and Methods 4. 603.3 General Requirements 5. 603.4 Specific Requirements Amended 2000 UPC, effective July 1, 2002 The control of Cross-Connections requires cooperation between the water purveyor, local administrative authority, health officer and the consumer. The City of Auburn Water Division shall make available to all Local Administrative agencies the information maintained in the purveyors Cross-Connection Control program files, which may include, but is not limited to: 1. A master list of all premises that have been isolated from the purveyor water system in accordance with the purveyors’ cross-connection control program. 2. Information concerning any internal cross-connections that come to the attention of the purveyor during risk assessment evaluations of premises. 3. Notification of any termination of water service for failure to comply with the requirements of WAC 246-290-490, Auburn City Code 13.12, and/or the City of Auburn Water Department Cross-Connection Control Program and/or any subsequent revisions. UPC 603.3.3 For devices and assemblies other than those regulated by the Washington Department of health in conjunction with the local water purveyor for the protection of the public water systems, the Administrative Authority shall ensure that the owner or responsible person shall have the backflow prevention assembly tested by a Washington State Department of Health certified backflow assembly tester: • At the time of installation, repair, or relocation; and • At least on an annual schedule thereafter, unless more frequent testing is required by the Administrative Authority. WAC 246-290-490(2) (e) The purveyor shall include a written description of the cross-connection control program in the water system plan required under WAC 246-290-100 or the small water system management program required under WAC246-290-105. The cross-connection control program shall include the minimum program elements described in subsection (3) Minimum elements of a cross-connection control program The City’s Water System plan in under revision WAC 246-290-490(2) (f) The purveyor shall ensure that cross-connection between the distribution system and a consumer’s water system are eliminated or controlled by the installation of an approved backflow preventer commensurate Page 21 of 38 with the degree of hazard. This can be accomplished by implementation of a cross-connection program that relies on: (i) Premises isolation as defined in WAC 246-290-010; or (ii) Premises isolation and in-premises protection as defined in WAC 246-290-010 The City’s Cross Connection Control Program relies on premises isolation to protect the public water system. All domestic water service with the exception of single family residential shall be required to install a Reduced Pressure Backflow Assembly (RPBA). Fire protection systems and landscape irrigation system with chemical addition or injection shall be required to install a Reduced Pressure Backflow Assembly (RPBA). Backflow assembly type may be reduced to a lesser by submitting plumbing, irrigation and fire protection plans for the City’s Cross Connection Specialist to review and conduct a hazard evaluation and risk assessment posed on the public water system. All changes shall be approved by the City’s Cross Connection Specialist in writing. WAC 246-290-490(2) (g) Purveyor with cross-connection control programs that rely both on premises isolation and in-premises protection: (i) Shall comply with the premises isolation requirements specified in subsection (4) (b) of this section; and (ii) May reduce premises isolation requirements and rely on in-premises protection for premises other than the type not addressed in subsection (4) (b) of this sections, if the conditions in (h) of this subsection are met: (A) The in-premises backflow preventers provide a level of protection commensurate with the purveyor's assessed degree of hazard; (B) Backflow preventers which provide the in-premises backflow protection meet the definition of approved backflow preventers as described in WAC 246-290-010; (C) The approved backflow preventers are installed, inspected, tested (if applicable), maintained, and repaired in accordance with subsections (6) and (7) of this section; (D) Records of the backflow preventers are maintained in accordance with subsections (3)(3)(j) and (8) of this section; and (E) The purveyor has reasonable access to the consumer's premises to conduct an initial hazard evaluation and periodic reevaluations to determine whether the in-premises protection is adequate to protect the purveyor's distribution system. The City’s Cross-Connection Control Program CAN NOT rely on in-premises protection to protect the distribution system for the following reasons: • Consumer can make plumbing changes at any time without notifying the city. • Backflow preventers installed inside consumers buildings and/or premises are under the control of the Authority having Jurisdiction. • Not enough staff to conduct initial inspections and re-inspections of consumer’s premises. Page 22 of 38 WAC 246-290-490(2) (h) The purveyor shall take appropriate corrective action as authorized by the legal instrument required by subsection (3)(b) of this section, when: (i) A cross-connection exists that is not controlled commensurate to the degree of hazard assessed by the purveyor; or (ii) A consumer fails to comply with the purveyor's requirements regarding the installation, inspection, testing, maintenance or repair of approved backflow preventers required by this chapter. The City’s Cross-Connection Control Program enforcement action includes, but is not limited to, a $250.00 fine each day and/or discontinuance (TURN OFF) of water service. WAC 246-290-490(2) (i) The purveyor's corrective action may include, but is not limited to: (i) Denying or discontinuing water service to a consumer's premises until the cross connection hazard is eliminated or controlled to the satisfaction of the purveyor; (ii) Requiring the consumer to install an approved backflow preventer for premises isolation commensurate with the degree of hazard; or (iii) The purveyor installing an approved backflow preventer for premises isolation commensurate with the degree of hazard. The City’s Cross-Connection Control Program enforcement action includes, but is not limited to, a $250.00 fine each day and/or discontinuance (TURN OFF) of water service. WAC 246-290-490(2) (j) Except in the event of an emergency, purveyors shall notify the authority having jurisdiction prior to denying or discontinuing water service to a consumer's premises for one or more of the reasons listed in (h) of this subsection. The City’s Cross-Connection Control Program shall notify the Local Administrative Authority prior to denying and/or discontinuing water service except in the event of an emergency and/or backflow incident. WAC 246-290-490(2) (k) The purveyor shall prohibit the intentional return of used water to the purveyor's distribution system. Used water includes, but is not limited to, water used for heating,cooling, or other purposes within the consumer's water system. The City’s Cross Connection Control Program relies on premises isolation to protect the public water system. All domestic water service with the exception of single family residential shall be required to install a Reduced Pressure Backflow Assembly (RPBA). Fire protection systems and landscape irrigation system with chemical addition or injection shall be required to install a Reduced Pressure Backflow Assembly (RPBA). Backflow assembly type may be reduced to a lesser by submitting plumbing, irrigation and fire protection plans for the City’s Cross Page 23 of 38 Connection Specialist to review and conduct a hazard evaluation and risk assessment posed on the public water system. All changes shall be approved by the City’s Cross Connection Specialist in writing. WAC 246-290-490(3) (a) To be acceptable to the department, the purveyor’s cross-connection control program shall include the minimum elements identified in the subsection. The City’s Cross Connection Control Program includes the Ten Elements as required by the WAC. WAC 246-290-490(4) (a) The purveyor shall ensure that a Cross Connection Control Specialist: (i) Assesses the degree of hazard posed by the consumer’s water system upon the purveyor’s distribution system; and (ii) Determines the appropriate method of backflow protection for premises isolation in accordance with Table 8 Table 8 Appropriate Methods of Backflow Protection for Premises Isolation Degree of Hazard Application Condition Appropriate Approved Backflow Preventer High health crossconnection hazard Backsiphonage or backpressure backflow AG, RPBA or RPDA Low health crossconnection hazard Backsiphonage or backpressure backflow AG, RPBA, RPDA, DCVA or DCDA WAC246-290-490(4) (b) Premises isolation requirements. (i) The purveyor shall ensure that an approved air gap, RPBA, or RPDA is installed for premises isolation for service connections to premises posing a high health cross-connection hazard including, but not limited to, those premises listed in Table 9, except those premises identified as severe in (b)(ii) of this subsection. (ii) For service connections to premises posing a severe health cross-connection hazard including wastewater treatment plants, radioactive material processing plants, and nuclear reactors, the purveyor shall ensure that either an: (A) Approved air gap is installed for premises isolation; or (B) Approved RPBA or RPDA is installed for premises isolation in combination with an in-plant approved air gap. (iii) If the purveyor's CCS determines that no hazard exists for a connection serving premises of the type listed in Table 9, the purveyor may grant an exception to the (iv) The purveyor shall document, on a case-by-case basis, the reasons for granting an exception under (b)(i) of this subsection and include the documentation in the cross-connection control program annual summary report required in subsection (8) of this section. Page 24 of 38 Table 9 High Health Cross-Connection Hazard Premises Requiring Premises Isolation by AG or RPBA/RPDA • Agricultural (farms and dairies) • Beverage bottling plants • Car washes • Chemical plants • Commercial laundries and dry cleaners • Premises where both reclaimed water and potable water are provided • Film processing facilities • Food processing plants • Hospitals, medical centers, nursing homes, veterinary, medical and dental clinics, and blood plasma centers; 1. Hospitals (include psychiatric hospitals and alcohol and drug treatment centers) 2. Same day surgery centers 3. Out-patient clinics and offices 4. Alternative health out-patient clinics and offices 5. Psychiatric out-patient clinics and offices 6. Chiropractors 7. Hospice care centers 8. Kidney dialysis centers 9. Blood centers 10. Dental clinics and offices 11. Nursing homes 12. Boarding homes 13. Residential treatment centers 14. Mortuaries 15. Morgues and autopsy (not in hospitals) 16. Veterinarian offices, clinics, and hospitals • Premises with separate irrigation systems using the purveyor’s water supply and with chemical addition • Laboratories • Metal plating industries • Mortuaries • Petroleum processing or storage plants • Piers and docks • Radioactive material processing plants or nuclear reactors* • Survey access denied or restricted • Wastewater lift stations and pumping stations • Wastewater treatment plants* • Premises with an unapproved auxiliary water supply interconnected with the potable water supply (private well, pond, tanks, etc.) Page 25 of 38 WAC 246-290-490(4) (c) Backflow protection for single-family residences. (i) For single-family residential service connections, the purveyor shall comply with the requirements of (b) of this subsection when applicable. (ii) If the requirements of (b) of this subsection do not apply and the requirements specified in subsection (2)(g)(ii) of this section are met, the purveyor may rely on backflow protection provided at the point of hazard in accordance with WAC 51-56-0600 of the UPC for hazards such as, but not limited to: (A) Irrigation systems; (B) Swimming pools or spas; (C) Ponds; and (D) Boilers. For example, the purveyor may accept an approved AVB on a residential irrigation system, if the AVB is properly installed under the UPC. The City’s Cross Connection Control Program is not responsible for Cross Connection Control inside the consumer’s property. The jurisdiction falls under the Local Administrative Authority as per the Uniform Plumbing Code for Cross Connection Control 603.0 WAC 246-290-490(4) (d) Backflow protection for fire protection systems. (i) Backflow protection is not required for residential flow-through or combination fire protection systems constructed of potable water piping and materials. (ii) For service connections with fire protection systems other than flow-through or combination systems, the purveyor shall ensure that backflow protection consistent with WAC 51-56-0600 of the UPC is installed. The UPC requires minimum protection as follows: (A) An RPBA or RPDA for fire protection systems with chemical addition or using unapproved auxiliary water supply; and (B) A DCVA or DCDA for all other fire protection systems. (iii) For connections made on or after April 9, 1999, the purveyor shall ensure that backflow protection is installed before water service is provided. (iv) For existing fire protection systems: (A) With chemical addition or using unapproved auxiliary supplies, the purveyor shall ensure that backflow protection is installed within ninety days of the purveyor notifying the consumer of the high health crossconnection hazard or in accordance with an alternate schedule acceptable (B) Without chemical addition, without on-site storage, and using only the purveyor's water (i.e., no unapproved auxiliary supplies on or available to the premises), the purveyor shall ensure that backflow protection is installed in accordance with a schedule acceptable to the purveyor or at an earlier date if required by the code official administering the State Building Code as defined in chapter 51-04 WAC. (C) When establishing backflow protection retrofitting schedules for fire protection systems that have the characteristics listed in (d)(iv)(B) of this subsection, the purveyor may consider factors such as, but not limited to, Page 26 of 38 impacts of assembly installation on sprinkler performance, costs of retrofitting, and difficulty of assembly installation. The City’s Cross-Connection Control Program evaluation of new and existing fire protection system connections is as follows: New connections must comply with the City’s Construction Standards for water, Design Standards 7.01.5.2 Fire Sprinkler Systems, Backflow Assembly Installation Standards (Technical Memo), along with any additional requirements by the Fire Authority and Authority having Jurisdiction and evaluated by the City’s Cross-Connection Control Specialist during the permit and plan review process and before service is provided. Fire Sprinkler System service connection(s) to new consumers and/or premises shall have a risk assessment conducted by the City’s Cross-Connection Control Specialist to determine if the backflow protection is commensurate with the degree of hazard, the backflow assembly is correctly installed and a valid test of the backflow assembly is conducted before the BFL permit is finaled. Existing Fire Sprinkler System service connections are given a risk assessment by the City’s Cross-Connection Specialist to determine if the backflow protection is commensurate with the degree of hazard. If the Fire Sprinkler System has the characteristics of WAC 246-290-490 (d) (iv) (a) – i.e. chemical addition or unapproved auxiliary supplies – the consumers and/or premises shall install backflow protection commensurate with the degree of hazard within (90) ninety days of the City notifying the consumes and/or premises or within an alternate schedule acceptable to the City’s Cross-Connection Control Program. If the Fire Sprinkler System does not have chemical addition or unapproved auxiliary supplies, the consumer and/or premises shall install backflow protection commensurate with the degree of hazard within (90) ninety days of the City notifying the consumers and/or premises or within an alternate schedule acceptable to the City’s Cross-Connection Control Program. Factors such as, but not limited to, impact of the backflow assembly installation on the fire sprinklers performance, costs of retrofitting, and difficulty of installation are consideration for an alternate schedule. The cost/fees of installation, initial and annual testing, maintenance, and repair or replacement of the backflow assembly shall be the responsibility of the consumer as a condition of water service. WAC 246-290-490(4) (e) Purveyors may require backflow preventers commensurate with the degree of hazard determines by the purveyor to be installed for premises isolation for connections serving premises that have characteristics such as, but not limited to, the following: (i) Complex plumbing arrangements or plumbing potentially subject to frequent changes that make it impracticable to assess whether crossconnection hazards exist; (ii) A repeated history of cross-connections being established or reestablished; or (iii) Cross-connection hazard are unavoidable or not correctable, such as, but not limited to, tall buildings. Page 27 of 38 The City’s Cross-Connection Control Program requires commensurate backflow protection for consumers and/or premises with the following defined characteristics: • Complex plumbing arrangements – • Plumbing subject to frequent changes – • Repeat history of cross-connections – • Unavoidable cross-connection hazards – • Non-correctable cross-connection hazards – WAC 246-290-490(5) (a) The purveyor shall ensure that all backflow prevention assemblies relied upon by the purveyor are models included on the current list of backflow prevention assemblies approved for use in Washington state. The City’s Cross-Connection Control Program verifies new backflow assemblies installed within the distribution system are on the current DOH Approved Assemblies List. WAC 246-290-490(5) (b) The purveyor may rely on testable backflow prevention assemblies that are not currently approved by the department, if the assemblies: (i) Were included on the department and/or USC list of approved backflow prevention assemblies at the time of installation; (ii) Have been properly maintained; (iii) Are commensurate with the purveyor’s assessed degree of hazard; and (iv) Have been inspected and tested at least annually and have successfully passed the annual test The City’s Cross-Connection Control Program archives DOH Approved Assemblies List for verification. WAC 246-290-490(5) (c) The purveyor shall ensure that an unlisted backflow prevention assembly is replaced by an approved assembly commensurate with the degree of hazard, when the unlisted assembly: (i) Does not meet the conditions specified in (b) (i) through (iv) of this subsection; (ii) Is moved; or (iii) Cannot be repaired using spare parts from the original manufacturer. This is covered under Element 5 of the City’s Cross Connection Control Program. WAC 246.290.490(6) (a) The purveyor shall ensure that approved backflow preventers are installed in the orientation for which they are approved (if applicable). The City’s Cross-Connection Control Program requires all approved backflow assembliesto be installed in the orientation for which they are approved and provides installation standards for assembly size and type. Reduced Pressure Backflow Assemblies (RPBA) installed inside of a building shall be engineered by the plumbing contractor to meet the following: “The plumbing system needs to Page 28 of 38 have adequate capacity to carry continuous discharge from relief valve of RPBA”. WAC 246.290.490(6) (b) The purveyor shall ensure that approved backflow preventers are installed in a manner that: (i) Facilitates their proper operation, maintenance, inspection, and/or in-line testing (as applicable) using standard installation procedures acceptable to the department such as those in the USC Manual or PNWS-AWWA Manual; (ii) Ensures that the assembly will not become submerged due to weatherrelated conditions such as flooding; and (iii) Ensures compliance with all applicable safety regulations. The City’s Cross-Connection Control Program requires all approved backflow assemblies to be installed in the orientation for which they are approved and meets all the City’s standards, USC Manual and PNWS-AWWA Manual. Backflow assemblies under the jurisdiction of the water purveyor shall not be installed in areas subject to flooding and shall meet all applicable safety regulations. WAC 246.290.490(6) (c) The purveyor shall ensure that approved backflow assemblies for premises isolation are installed at a location adjacent to the meter or property line or an alternate location acceptable to the purveyor. WAC 246.290.490(6) (d) When premises isolation assemblies are installed at an alternate location acceptable to the purveyor, the purveyor shall ensure that there are no connections between the point of delivery from the public water system and the approved backflow assembly, unless the installation of such a connection meets the purveyor’s cross-connection control requirements and is specifically approved by the purveyor. The City’s Cross-Connection Control Program requires all approved backflow assemblies used for premises isolation be installed at a location adjacent to the meter or property line, however if the location is not feasible then the facilities property owner and/or representative shall submit a set of plans for approval by the City’s Cross-Connection Control Specialist showing the new location of of the backflow assembly and the piping from the meter. WAC 246.290.490(6) (e) The purveyor shall ensure that approved backflow preventers are installed in accordance with the following time frames: (i) For connections made on or after April 9, 1999, the following conditions shall be met before service is provided: (A) The provisions of subsection (3)(d)(ii) of this section; and (B) Satisfactory completion of the requirements of subsection (7) of this section. (ii) For existing connections where the purveyor identifies a high health cross connection hazard, the provisions of (3)(d)(ii) of this section shall be met: (A) Within ninety days of the purveyor notifying the consumer of the high health cross-connection hazard; or Page 29 of 38 (B) In accordance with an alternate schedule acceptable to the purveyor. (iii) For existing connections where the purveyor identifies a low crossconnection hazard, the provisions of subsection (3)(d)(ii) of this section shall be met in accordance with a schedule acceptable to the purveyor. This is covered under Element 2 of the City’s Cross Connection Control Program. WAC 246.290.490(6) (f) The purveyor shall ensure that bypass piping installed around any approved backflow preventer is equipped with an approved backflow preventer that: (i) Affords at least the same level of protection as the approved backflow preventer that is being bypassed; and (ii) Complies with all applicable requirements of this section. The City’s Cross-Connection Control Program requires all bypass piping and/or parallel connections to have the same level of protection as required the City’s Cross Connection Specialist. WAC 246.290.490(8) (f) The purveyor shall notify the department, local administrative authority, and local health jurisdiction as soon as possible, but no later than the end of the next business day, when a backflow incident is known by the purveyor to have: (i) Contaminated the public water system; or (ii) Occurred within the premises of a consumer served by the purveyor. This is covered under Element 7 of the City’s Cross Connection Control Program. WAC 246.290.490(8) (g) – The purveyor shall: • Document details of backflow incidents on a form acceptable to the department such as the backflow incident report form included in the most recent edition of the PNWS-AWWA Manual: and • Include all backflow incident report(s) in the annual cross0connection program summary report. This is covered under Element 7 of the City’s Cross Connection Control Program. Page 30 of 38 Definitions: “Accessible” means reference to the installation of backflow preventers; accessible shall mean that such backflow preventers shall be placed so that they can be reached for testing and/or maintenance safely. “Approval/approved” means authorized in writing by the health authority, department, purveyor, or other agency having jurisdiction. “Approved air gap,” means a physical separation between the free-flowing end of a potable water supply pipeline and the overflow rim of an open or non-pressurized receiving vessel. To be an air gap approved by the department, the separation must be at least: • Twice the diameter of the supply piping measured vertically from the overflow rim of the receiving vessel, and in no case be less than one inch, when unaffected by vertical surfaces (sidewalls); and: • Three times the diameter of the supply piping, if the horizontal distance between the supply pipe and a vertical surface (sidewall) is less than or equal to three times the diameter of the supply pipe, or if the horizontal distance between the supply pipe and intersecting vertical surfaces (sidewalls) is less than or equal to four times the diameter of the supply pipe and in no case less than one and one-half inches. “Approved atmospheric vacuum breaker” means an AVB of make, model, and size that is approved by the department. AVBs that appear on the current approved backflow prevention assemblies list developed by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research or that are listed or approved by other nationally recognized testing agencies (such as IAPMO, ANSI, or UL) acceptable to the local administrative authority are considered approved by the department. “Approved backflow preventer” means an approved air gap, an approved backflow prevention assembly, or an approved AVB. The terms “approved backflow preventer,” “approved air gap,” or “approved backflow prevention assembly” refer only to those approved backflow preventers relied upon by the purveyor for the protection of the public water system. The requirements of WAC 246-290-490 do not apply to backflow preventers installed for other purposes. “Approved backflow prevention assembly” means an RPBA, RPDA, DCVA, DCDA, PVBA, or SVBA of make, model, and size that is approved by the department. Assemblies that appear on the current approved backflow prevention assemblies list developed by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research or other entity acceptable to the department are considered approved by the department. Page 31 of 38 “As-built drawing” means the drawing created by an engineer from the collection of the original design plans, including changes made to the design or to the system that reflects the actual constructed condition of the water system. “Assessment of risk” shall express the results of an evaluation (site survey) of a health, system, or plumbing hazard. The evaluation (site survey) required in making a determination of the type of backflow preventer needed to isolate a specific crossconnection (e.g., a plumbing fixture), or a group of cross-connections contained within a facility or complex of facilities (e.g. a shopping mall) is comprised of the following steps: • Determine the degree of potential health hazard risk to the public water system. (In assessing the purveyor’s risk of contamination of the public water system, if knowledge of the degree of hazard posed by a substance is not known, the purveyor must assume that it is high. Generally, almost all substance other than potable water is considered a health hazard of some degree). • Determine the high or low probability that a cross-connection may occur. 1. The probability increases that an existing cross-connection will go undetected as the complexity of a piping system increases. 2. Piping changes will create new cross-connections, or change the operating conditions from backsiphonage to backpressure conditions. 3. A backflow preventer could be by-passed or removed from service. 4. A substance could be changed or increased in strength. 5. A substance may deteriorate, and thus become a health hazard. 6. A substance, when combined with the chemicals in the potable water supply, or when exposed to certain piping material, may react and form a compound that poses a health hazard, such as CO2 mixing with water to from carbolic acid that leaches copper from a service pipe. 7. A substance, if it contains a bacteriological contaminant, could become a health hazard long after it enters the potable water supply, though bacteria re-growth. • Determine the the risk level acceptable to the purveyor, and • Determine the reliability required of the backflow preventer. “Auxiliary water supply” means any water supply on, or available to, a premise in addition to the purveyor’s approved public potable water supply. “Auxiliary water supply – approved” means an auxiliary water supply which has been investigated and approved by the health authority, meets water quality regulations, and is accepted by the water purveyor. “Auxiliary water supply – unapproved” means an auxiliary water supply, which is not approved by the health authority and the water purveyor. “Backflow” means the undesirable reversal of flow of water or other substances through a cross-connection into the public water system or consumer’s potable water system. “Backflow assembly tester” means a person holding a valid BAT certificate issued in accordance with chapter 246-292 WAC. Page 32 of 38 “Backflow prevention assembly” means the nomenclature “assembly” refers to a backflow preventer which are designed to be in-line tested and repaired, and to meet the head loss and flow requirements of the recognized approval authority. The “assembly” consists of the backflow prevention unit, two resilient seated shutoff valves, and test cock(s). “Backflow prevention device” means the nomenclature “device” refers to a backflow preventer that is not designed for in-line testing. “Backpressure” means a pressure (caused by a pump, elevated tank or piping, boiler, or other means) on the consumer’s side of the service connection that is greater than the pressure provided by the public water system and which may cause backflow. “Backsiphonage” means backflow due to a negative or reduced pressure within the purveyor’s potable water supply. “Combination fire protection system” means a fire sprinkler system that: • Is supplied only by the purveyor’s water. • Does not have a fire department pumper connection; and • Is constructed of approved potable water piping and materials that serve both the fire sprinkler system and the consumer’s potable water system. “Consumer” means any person receiving water from a public water system from either the meter, or the point where the service line connects with the distribution system if no meter is present. For purposes of cross-connection control, “consumer” means the owner or operator of a water system connected to a public water system through a service connection. “Consumer’s water system” as used in WAC 246-290-490, means any potable and/or industrial water system that begins at the public water system point of delivery; that is, at the immediate downstream side of the water meter, and is located on the consumer’s premises. The consumer’s water system includes all auxiliary sources of supply, storage, treatment, and distribution facilities, piping, plumbing, and fixtures under the control of the consumer. “Contaminant” means a substance present in drinking water that may adversely affect the health of the consumer or the aesthetic qualities of the water. “Cross-connection” means any actual or potential physical connection between a public water system or the consumer’s water system and any source of non-potable liquid, solid, or gas that could contaminate the potable water supply by backflow. “Cross-connection control program” means the administrative and technical procedures the purveyor implements to protect the public water system from contamination via cross-connections as required in WAC 246-290-490. Page 33 of 38 “Cross-connection control specialist” means a person holding a valid Washington State Cross-Connection Control Specialist certificate issued in accordance with Chapter 246-292 WAC. “Cross-connection control summary report” means the annual report required by the department that describes the status of the purveyor’s cross-connection control program. “Check valve” the term “check valve” is a generic term used for a variety of valves that specifically allow flow in one direction only. The variety of such valves includes slanting disc checks, silent check, (wafer or globe), automatic control checks, rubber flapper checks, double disc swing checks, swing checks (internally or externally weighted), and a spring-loaded check. A check valve in an approved assembly must be an approved check valve (components of double check valve assemblies, reduced pressure backflow assemblies, pressure vacuum breakers, and spill resistant vacuum breaker) that is drip-tight in the normal direction of flow when the inlet pressure is at least one p.s.i. “Confined space,” means any space having a limited means of egress and not intended for continuous occupancy, which is subject to the accumulation of toxic or flammable contaminants or an oxygen deficient atmosphere. “Containment” means to restrict or limit the flow of contaminated or polluted water to the meter or service connection where the public water enters the private (consumer’s) water system. The two systems are separated by a backflow preventer commensurate with the degree of hazard. “Contamination” means an impairment of the quality of the potable water, which creates an actual hazard to the public health through poisoning or through the spread of diseases by sewage, industrial fluids or waste. Also defined as severe or high hazard. The term “contamination” used in EPA and drinking water regulations “maximum contamination level” bestows a different meaning than that used in describing a cross-connection hazard. “Department” means the Washington State Department of Health or health officer as identified in a joint plan of operation in accordance with WAC 246-290-030 (1). “Design and construction standards” means department design guidance and other peer reviewed documents generally accepted by the engineering profession as containing fundamental criteria for design and construction of water facility projects. Design and construction standards are comprised of performance and sizing criteria and reference general construction materials and methods. “Direct service connection,” means a service hookup to a property that is contiguous to a water distribution main and where additional mains or extensions are not needed to provide service. Page 34 of 38 “Distribution system” means all piping components of a public water system that serve to convey water from transmission mains linked to source, storage and treatment facilities to the consumer excluding individual services. “Dual distribution system” means a facility with two water systems, one potable and the other non-potable. The purpose of the non-potable water system is to reduce the cost of the potable water supply. “Double check detector assembly” (DCDA) means an approved assembly consisting of two approved double check valve assemblies, set in parallel, equipped with a meter on the bypass line to detect small amounts of water leakage or use. “Double check valve assembly” (DCVA) means an approved assembly consisting of two independently operating check valves, loaded to the closed position by springs or weights, and installed as a unit with, and between, two resilient seated shutoff valves and having suitable connections for testing. “Emergency” means an unforeseen event that causes damage or disrupts normal operations and requires immediate action to protect public health and safety. “Fire Flow” means the maximum rate and duration of water flow needed to suppress a fire under WAC246.293.640 or as required under local fire protection authority standards. “Fire Suppression Storage” means the volume of stored water available during fire suppression activities to satisfy minimum pressure requirements per WAC 246.290.230. “First Consumer” means the first service connection associated with any source (i.e., the point where water is first withdrawn for human consumption, excluding connections where water is delivered to another water system covered by these regulations). “Flow-through fire protection system” means a fire sprinkler system that: • Is supplied only by the purveyor’s water; • Does not have a fire department pumper connection; • Is constructed of approved potable water piping and materials to which sprinkler heads are attached; and • Terminates at a connection to a toilet or other plumbing fixture to prevent the water from becoming stagnant. “Flood level,” means the highest level to “Guideline” means a department document assisting the purveyor in meeting a rule requirement. “Health officer” means the health officer of the city, county, city-county health department or district, or an authorized representative. Page 35 of 38 “High health cross-connection hazard” means a cross-connection, which could impair the quality of potable water and create an actual public health hazard through poisoning or spread of disease by sewage, industrial liquids or waste. “High health hazard” means a physical or toxic hazard, which could be detrimental to ones, health. “Human Consumption” means the use of water for drinking, bathing or showering, hand washing, food preparation, cooking, or oral hygiene. “Internally-loaded check valve” means a check valve which is internally loaded, either by springs or weights, to the extent it will be drip tight with a 1 p.s.i. differential in the direction of flow. “Industrial piping system” refers to that piping system that transmits, confines, or stores any fluids that are not approved potable water. Such a system would include all pipes, tanks, fixtures, equipment and other extensions of the non-potable water system. “In-premises protection” means a method of protecting the health of consumers served by the consumer’s potable water system, located within the property lines of the consumer’s premises by the installation of an approved air gap or backflow prevention assembly at the point of hazard, which is generally a plumbing fixture. “Local administrative authority” means the local official, board, department, or agency authorized to administer and enforce the provisions of the Uniform Plumbing Code as adopted under chapter 19.27 RCW. “Low health cross-connection hazard” means a cross-connection that could cause an impairment of the quality of potable water to a degree that dose not create a hazard to the public health, but does adversely and unreasonably affect the aesthetic qualities of such potable waters for domestic use. “Non-potable fluid” means any water, other liquid, gas, or other substance, which is not safe for human consumption, or is not a part of the public potable water supply as described by the health authority. “Non-potable piping system” means a piping system, which is made of non-potable material. Such materials are to be considered non-potable if they can affect either the aesthetics or degradation of the healthfulness of the water. Examples of such pipe are black iron and certain plastics. “Plumbing hazard” is a cross-connection in a consumer’s potable water system. “Potable water” means water, which is safe for human consumption, free from harmful or objectionable materials, as described by the health authority/department. Page 36 of 38 “Premises isolation” means a method of protecting a public water system by installation of approved air gap or approved backflow prevention assemblies at or near the service connection or alternative location acceptable to the purveyor (at the point where the water purveyor no longer has legal jurisdiction and/or authority to control the water system) to isolate the consumer’s water system from the purveyor’s distribution system. “Pressure vacuum breaker assembly” (PVBA) means an approved assembly consisting of a spring loaded check valve loaded to the closed position, an independently operating air inlet valve loaded to the open position and installed as a unit with and between two resilient seated shutoff valves and with suitable connections for testing. It is designed to protect against backsiphonage only. “Private hydrant” means any hydrant, which is not owned, operated or maintained by the local water purveyor or his agent. “Process water” means water that is directly connected to, or could come in contact with, an extreme high hazard situation, and must never be consumed by humans. “Public health hazard” means a condition, device or practice which is conducive to the introduction of waterborne disease organisms, or harmful chemical, physical, or radioactive substance into a potable water system and which presents an unreasonable risk to health. “Public water system” is defined and referenced under WAC 246-290-020. “Purchased source,” means water a purveyor purchases from a public water system not under the control of the purveyor for distribution to the purveyor’s consumers. “Purveyor” means an agency, subdivision of the state, municipal corporation, firm, company, mutual or cooperative association, institution, partnership, or person or other entity owning or operating a public water system. Purveyor also means the authorized agents of such entities. “Reasonable risk” means the amount of risk acceptable to a prudent and reasonable water purveyor using reasonable diligence. “Reclaimed water,” means wastewater that has been treated for non-potable water use within the same facility or premise. Examples of use would be irrigation and industrial use. “Reduced pressure backflow assembly” (RPBA) means an approved assembly consisting of two independently operating check valves, spring loaded to the closed position, separated by a spring loaded differential pressure relief valve loaded to the open position, and installed as a unit with and between two resilient seated shutoff valves and having four suitable test cocks for checking the water tightness of the check valves and the operation of the relief valve. Page 37 of 38 “Reduced pressure detector assembly” (RPDA) means an approved assembly consisting of two approved reduced pressure backflow assemblies, set in parallel, equipped with a meter on the bypass line to detect small amounts of water leakage or use. This unit must be purchased as a complete assembly. The assembly may be allowed on fire line water services in place of an approved reduced pressure backflow assembly upon approval by the local water purveyor. “Regional public water supplier” means a water system that provides drinking water to one, or more, other public water systems. “Resident” means an individual living in a dwelling unit served by a public water system. “Safe drinking water act” was legislation that was enacted by the United States Congress in 1974 to ensure that the public is provided with safe drinking water, thereby protecting the public welfare. “Safe drinking water” means water which has sufficiently low concentrations of microbiological, inorganic chemical, organic chemical, radiological or physical substance so that individuals drinking such water at normal levels of consumption will not be exposed to disease organisms or other substances which may produce harmful physiological effects. “Service connection” means a connection to a public water system designed to provide potable water to a single-family residence, or other residential or non-residential population. “Toxicity” means the degree to which a substance is toxic that is poisonous, in relating to affecting the potability of the water supply. “Unapproved auxiliary water supply” means a water supply (other than the purveyor’s water supply) on or available to the consumer’s premises that is either not approved for human consumption by the health agency having jurisdiction or is not otherwise acceptable to the purveyor. “Unreasonable risk to health” means a risk to health, which is not necessary or acceptable to the water purveyor and/or consumer; a term used to distinguish what type of backflow prevention should be required. ““Uniform Plumbing Code” means the code adopted under RCW 19.27.031(4) and amended under chapter 51-46 WAC. This code establishes statewide minimum plumbing standards applicable within the property lines of the consumer’s premises. “USC FCCCHR” is the abbreviation for the University of Southern California Foundation for Cross Connection Control and Hydraulic Research. It is an agency, which test and approves backflow prevention assemblies by approved standards. “Used water,” means water which has left the control of the purveyor. In most cases, the potable water has moved past (downstream of) the water meter and/or the property line. Page 38 of 38