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Home My WebLink About02-18-2013 PWC Agenda Packet 02.18.14 Public Works Committee February 18, 2014 - 3:30 PM Annex Conference Room 2 AGENDA I.CALL TO ORDER A.Roll Call B.Announcements C.Agenda Modifications II.CONSENT AGENDA A. Approval of Minutes* B. Public Works Project No. C524A* (Lee) Permission to Advertise for Bids for Project No. C524A Utility Site Improvements C. Public Works Project No. CP1202* (Lee) Permission to Enter into Amendment No. 2 to Consultant Agreement No. AG-C- 425 with KPG, Inc. for Engineering Services for Project No. CP1202 Auburn Way South Flooding Imp – Phase II D. Public Works Project No. CP1207* (Truong) Approve Change Order No. 1 in the Amount of $231,110.03 to Contract No. 13-10 for Work on Project No. CP1207 ‘D’ Street Utility Improvements E. Public Works Project No. CP1302* (Wickstrom) Approve Final Pay Estimate No. 5 to Contract No. 13-06 in the Amount of $4,454.00 and Accept Construction of Project No. CP1302, 2013 Pavement Patching, Chipseal, and Overlay Project F. Public Works Project No. CP1307* (Wickstrom) Approve Final Pay Estimate No. 1 to Limited Public Works Contract No. 13-17 in the Amount of $36,873.10 and Accept Construction of Project No. CP1307, Control Structure Installation Project III.ORDINANCES A. Ordinance No. 6491* (Mund) An Ordinance of the City Council of the City of Auburn, Washington, Granting to T- Mobile West LLC, a Delaware Limited Liability Company, A Franchise for Telecommunications B. Ordinance No. 6499* (Sweeting) An Ordinance of the City Council of the City of Auburn, Washington, Declaring Public Use and Necessity Regarding City Project CP1119 - Auburn Way South Corridor Improvements, Fir Street SE to Hemlock Street SE Project, and Page 1 of 169 Authorizing Condemnation IV.RESOLUTIONS A. Resolution No. 5043* (Wickstrom) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Accept a Washington State Department of Ecology Grant for the Maintenance and Operations Storm Drainage Improvement Project B. Resolution No. 5033* (Repp) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Execute a Lease Agreement Between the City of Auburn and Valley Communications Center C. Resolution No. 5044* (Snyder) A Resolution of the City Council of the City of Auburn, Washington, Selecting a Nominee to Serve as a Member of the Board of Commissioners for Pierce Transit V.DISCUSSION ITEMS A. NPDES II Stormwater Program Plan* (Carlaw/Thorn) B. Capital Project Status Report* (Sweeting) C. Significant Infrastructure Projects by Others - Public Works Status Report* (Gaub) D. Action Tracking Matrix* (Gaub) VI.ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 2 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: Approval of Minutes Date: February 10, 2014 Department: Public Works Attachments: Draft Minutes Budget Impact: $0 Administrative Recommendation: Public Works Committee to approve the minutes of the February 3, 2014 Public Works Committee meeting. Background Summary: See attached draft minutes. Reviewed by Council Committees: Public Works Councilmember:Osborne Staff: Meeting Date:February 18, 2014 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 3 of 169 Public Works Committee February 3, 2014 - 3:30 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chairman Wayne Osborne called the meeting to order at 3:30 p.m. in Conference Room #2, located on the second floor of Auburn City Hall, One East Main Street, Auburn, Washington. A. Roll Call Chairman Wayne Osborne, Vice-Chair Bill Peloza, and Member Claude DaCorsi were present. Also present during the meeting were: Mayor Nancy Backus, Director of Community Development and Public Works Kevin Snyder, Assistant Director of Engineering Services/City Engineer Ingrid Gaub, Assistant Director of Public Works Operations Randy Bailey, City Attorney Dan Heid, Utilities Engineer Dan Repp, Transportation Manager Pablo Para, Street Systems Engineer Jai Carter, Project Engineer Matt Larson, Senior Project Engineer Ryan Vondrak, Finance Director Shelly Coleman, Planner Gary Yao, and Public Works Secretary Jennifer Cusmir. B. Announcements There were no announcements. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Approval of Minutes It was moved by Vice-Chair Peloza, seconded by Member DeCorsi, that the Committee approve the Public Works Committee Meeting minutes for date, January 21, 2014. Motion carried 3-0. B. Public Works Project No. CP1301 (Carter) 2013 Citywide Sidewalk Repair Project Street Systems Engineer Carter reported that the low bid, from Trinity Contractors, Inc., is $184,265.00, and the bid is below the engineer’s estimate of approximately $205,000.00. Page 1 of 7 CA.A Page 4 of 169 Street Systems Engineer Carter stated that the project area is over 4 miles in length however, work is being done at spot locations, responding to a question asked by Chairman Osborne. It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the Committee recommend City Council award Contract No. 13-20 to Trinity Contractors, Inc. on their low bid of $184,265.00 for Project No. CP1301, 2013 Citywide Sidewalk Repair Project. Motion carried 3-0. C. Public Works Project No. CP0912 (Larson) Citywide Guardrail Improvements Project Engineer Larson identified the project area. Vice-Chair Peloza commented that the guardrail looks great. Assistant Director of Engineering Services/City Engineer Gaub and Project Engineer Larson answered questions asked by Member DaCorsi regarding line items on the final pay estimate. Assistant Director of Engineering Services/City Engineer Gaub stated that focus is on the overall percentage of the final pay estimate and noted that line item changes are managed within the authorized contingency provided by City Code. Assistant Director of Engineering Services/City Engineer Gaub explained that the grant awarded to the project was for construction costs only and the City paid the cost for design, in response to a question asked by Chairman Osborne. It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the Committee recommend City Council approve final pay estimate No. 4 to Public Works Contract No. 13-03 in the amount of $3,718.60 and accept construction of Project CP0912, Citywide Guardrail Improvements Project. Motion carried 3-0. III. RESOLUTIONS A. Resolution No. 5036 (Bailey) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Execute a Contract Between the City of Auburn and the City of Pacific for Decant Facilities Usage Assistant Director of Public Works Operations Bailey stated that the Page 2 of 7 CA.A Page 5 of 169 contract is an update to an existing contract with the City of Pacific. There were some legal wording changes and some of the fees have been increased in the new contract. Vice-Chair Peloza asked if there is a weight scale at the Maintenance and Operations facility. Assistant Director of Public Works Operations Bailey confirmed that there is and the scale is used to determine the amount charged to the City of Pacific. Assistant Director of Public Works Operations Bailey explained that there are limits included in the contract so the City of Auburn will not over impact its facility, in response to a question asked by Member DaCorsi. Bailey stated that the City of Pacific may request additional tonnage and that staff is in the process of obligating a grant to assist with the expansion the City’s facility. It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the Committee recommend City Council adopt Resolution No. 5036. Motion carried 3-0. IV. DISCUSSION ITEMS A. Resolution No. 5037 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Transfer of Funds for the Purpose of Making a Loan or Loans from the General Fund and/or the Cumulative Reserve Fund to a Grant Sustained or Project Focused Special Revenue Fund for up to a Three-Year Period of Time Finance Director Coleman explained that the resolution is an accounting formality that will loan funds from the General Fund and/or the Cumulative Reserve Fund to some of the City’s special revenue funds that are grant funded. Finance Director Coleman provided the Committee with additional background information regarding past similar loans, following questions asked by Vice-Chair Peloza. Finance Director Coleman described the process for grant reimbursement, in response to questions asked by Member DaCorsi. Finance Director Coleman explained why interfund loans are done separate from the City budget, following a question asked by Chairman Osborne. The Committee supported adoption of Resolution of 5037. B. Airport Storm Fees (Coleman/Repp) Page 3 of 7 CA.A Page 6 of 169 Utilities Engineer Repp distributed a corrected copy of the memo regarding Airport Storm Fees to the Committee. Repp explained that staff periodically reviews properties in the City and recalculate storm fees based on changes that may have occurred on site, such as the case of the Airport. Utilities Engineer Repp discussed findings of the review of the Airport property with the Committee. Repp reported that the storm fees for the property will increase based on those findings. Repp explained how the storm fees are calculated, following questions asked by Vice-Chair Peloza. The Committee and staff discussed the impact to the Airport budget. Staff addressed questions asked by the Committee regarding how other jurisdictions, with airports, calculate storm water fees for commercial properties. Finance Director Coleman pointed out that the proposed storm fee increases being proposed have been reviewed by Public Works, the Finance Department, and the Legal Department. Utilities Engineer Repp spoke about the types of permit activities that can trigger a review of storm fees for properties. The Committee and staff reviewed the map provided by Utilities Engineer Repp. Utilities Engineer Repp and Finance Director Coleman answered questions asked by the Committee regarding the storm fees charged to lessees by the Airport. Utilities Engineer Repp explained that the increase of storm fees is an administrative action and the item will be discussed at the Finance Committee Meeting. Vice-Chair Peloza asked for copies of the notice going out to property owners to be provided to Councilmembers and the Airport Advisory Board members. C. Temporary Sign Provisions ACC 18.56 - Signs (Yao) Planner Yao provided back ground information regarding the temporary sign code to the Committee. The Committee and Planner Yao discussed sections of the sign code Page 4 of 7 CA.A Page 7 of 169 that need to be reviewed during the next code update. Planner Yao explained that staff will be considering making the temporary sign provisions permanent during the 2016 code update, following a question asked by Chairman Osborne. Director of Community Development & Public Works Snyder discussed some potential concerns with making the provisions permanent. The Committee and staff discussed sign permitting. The Committee supported extension of the Temporary Sign Provisions ACC 18.56 – Signs. D. 2014 Arterial Preservation Street Seclection Discussion (Carter) Street Systems Engineer Carter reviewed the 2014 Arterial & Collector Streets map with the Committee. The map includes the 2014 Arterial & Collector Street project areas list, the rebuild cost of Green River Road, and the average daily traffic counts for each road section included in the project’s scope of work to demonstrate why the streets selected by staff were done and why Green River Road was not proposed to be included in the 2014 project list. The Committee concurred with staff’s previously recommended list. E. 2013 Save Our Streets Year End Report (Carter) Street Systems Engineer Carter presented the 2013 Save Our Streets Year End Report to the Committee. Street Systems Engineer Carter proposed changes be made to the Completed SOS Projects map for future reports to make it easier to read and easier to differentiate the conditions of the local street network. The Committee supported the changes proposed by staff. Street Systems Engineer Carter and Assistant Director of Engineering Services/City Engineer Gaub answered questions asked by Member DaCorsi regarding the pavement management data base and tracking. F. Alternate Speed Cushion Design (Para) Transportation Manager Para presented the alternate speed cushion design to the Committee. The speed cushion transition on approach for the new design is less abrupt. Page 5 of 7 CA.A Page 8 of 169 Staff is proposing to use the alternate deigns on all new installations of speed cushions going forward. Chairman Osborne spoke about the possibility of rebuilding existing speed cushions in the future once the new design has been evaluated and if budget allows. The Committee agreed with using the alternate speed cushion design as proposed by staff. G. Capital Project Status Report (Sweeting) Item 2 – C201A – M Street Underpass: Assistant Director of Engineering Services/City Engineer Gaub answered questions asked by the Committee regarding the difference between a Public Works Trust Fund Loan and bonds. Item 11 – CP12222 – Citywide Traffic Signal Improvements: Senior Project Engineer Vondrak explained that the signals are being manufactured, in response to a question asked by Vice-Chair Peloza. Item 12 – CP1301 – 2013 Sidewalk Repair Project: Assistant Director of Engineering Services/City Engineer Gaub noted that the project is currently being awarded. Items 15 and 16 – CP1118 & CP1119 Auburn Way S Corridor: Assistant Director of Engineering Services/City Engineer Gaub stated that staff presented WSDOT with an option for a pedestrian crosswalk at Fir Street instead of full signalization of the intersection, answering a question asked by Chairman Osborne. Staff will be meeting with the Muckleshoot Indian Tribe to discuss other potential options in early February. Item 17 – CP0915 – Well 1 Improvements – Well Replacement: Senior Project Engineer Vondrak stated that the change in the project’s advertisement date is because the consultant is still addressing comments following the review from the Department of Health, following a question asked by Vice-Chair Peloza. H. Significant Infrastructure Projects by Others - Public Works Status Report (Gaub) The Committee and Assistant Director of Engineering Services/City Engineer Gaub reviewed the Significant Infrastructure Project by Others Report. There were no questions from the Committee. I. Action Tracking Matrix (Gaub) The Committee stated that items G and D can be removed from the Page 6 of 7 CA.A Page 9 of 169 matrix. Transportation Manager Para stated that Item E – Transportation Impact Fee Structure will be included on the Committee of the Whole agenda. Item H – Crosswalk on 320th Street SE – Night Vision: Transportation Manager Para reported that staff reviewed the accident collision report. The street lights were operational, the accident occurred at night, and the pedestrian was in a crosswalk. The flashing beacons were not operational. The accident report indicated that the cause was the driver’s failure to yield to the pedestrian. Once operational there will be four flashing beacons at the pedestrian crossing, two in each direction. Vice-Chair Peloza requested that the item remain on the matrix until the flashing beacons are operational and a note be included in the description that the crosswalk is at Green River Community College. V. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 4:52 p.m. Approved this 18th day of February, 2014. Page 7 of 7 CA.A Page 10 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. C524A Date: February 11, 2014 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Budget Impact: $0 Administrative Recommendation: Public Works Committee recommend City Council grant permission to advertise for bids for Project No. C524A Utility Site Improvements. Background Summary: The scope of this project includes Professional and Technology Installation Services for the upgrade of the City of Auburn’s Supervisory Control and Data Acquisition (SCADA) System, this work includes the design of the physical site improvements (construction to be bid as a separate construction contract), the design and installation of electronic security and lighting improvements identified for selected sites, and the replacement of the existing telemetry system with new Programmable Logic Control (PLC) based Remote Telemetry Units (RTUs). The bid advertisement is for the construction of the physical site improvements which include site fencing, SCADA panel shelter construction, gate replacements, and other various site security enhancements at various pump stations, lift stations, and water utility facilities. A project increase of $205,617.00 within the 430 Water Utility Fund will be necessary to fund the construction of the water utility improvements, however it will not require a budget adjustment due to the reduction in scope and costs of Project No. CP1107, Fulmer Field Improvements; the budgeted expenditures in the 430 Water Utility Fund will not be exceeded this year. Reviewed by Council Committees: Public Works Councilmember:Osborne Staff:Lee Meeting Date:February 18, 2014 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 11 of 169 AUBURN * MORE THAN YOU IMAGINEDCA.B Page 12 of 169 Project No: C524AProject Title: Project Manager: Robert Lee Project Initiation Initiation Date: __3/5/2007__ Permision to Advertise Physical Imp Advertisement Date: ___n/a__ Contract Award Award Date: __2/22/2011__ Change Order Approval Contract Final Acceptance Funding Previous Years 2012 (actual)2013 (actual)2014 Total 430 Fund - Water754,175 1,669,604299,203 343,2033,066,185 431 Fund - Sewer387,0731,044,185188,217297,8581,917,333 432 Fund - Storm177,042 443,06083,690163,330867,122 Total1,318,2903,156,848571,110804,3915,850,639 Activity Previous Years2012 (actual)2013 (actual)2014Total Design Engineering - City Costs35,02200035,022 Design Engineering - Consultant Costs158,689000158,689 Technology Imp. Contract (w/o Physical Imp.)1,107,4402,819,142394,353168,1504,489,085 Contract Contingency0001,1621,162 Physical Security Imp. Estimate000491,750491,750 Physical Security Imp. Contingency (10%)00049,17549,175 Change Orders 1-160171,674107,03663,999342,709 Change Order #17000107,595107,595 ChangeOrder#18 0 0 0 243747 243747 BUDGET STATUS SHEET SCADA System Improvements Date: February 10, 2014 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) Change Order #18 0 0 0 243,747 243,747 Construction Engineering - IS Costs087,69614,3320102,028 Construction Engineering - Facilities Costs03,010003,010 Construction Engineering - City Costs17,13857,54955,38830,000160,075 Total1,318,2893,139,071 571,1101,155,5786,184,048 Previous Years2012 (actual)2013 (actual)2014Total *430 Funds Budgeted ( )(754,175)(1,669,604)(299,203)(343,203)(3,066,185) 430 Funds Needed754,1751,669,604299,203548,8203,271,802 *430 Fund Project Contingency ( )00(0)00 430 Funds Required 000205,617205,617 Previous Years2012 (actual)2013 (actual)2014 Total *431 Funds Budgeted ( )(387,073)(1,044,185)(188,217)(297,858)(1,917,333) 431 Funds Needed387,0731,044,185188,217203,8641,823,340 *431 Fund Project Contingency ( )00(0)(93,994)(93,993) 431 Funds Required 00000 Previous Years2012 (actual)2013 (actual)2014 Total *432 Funds Budgeted ( )(177,042)(443,060)(83,690)(163,330)(867,122) 432 Funds Needed177,042 443,06083,690162,684866,476 *432 Fund Project Contingency ( )00(0)(646)(645) 432 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City has available. 431 Sewer Budget Status 432 Storm Budget Status 430 Water Budget Status H:\PROJ\C524A-SCADAImp\Budget\C524A BudgetStatusSheet.xls 1 of 1 Print Date: 2/11/2014CA.B Page 13 of 169 ß ß LL L LL L L L L L Ú ßß ß Ú Ú Ú Ú ßÚ Ú ßßÚ ß Ú Ú Ú Ú Ú Ú Ú Ú !{ !{ Ú Ú Ú Ú Ú Ú Ú Ú Ú Ú ÚÚ Ú Ú Ú Ú Ú Ú W E A S T V A L L E Y ACRD 132ND AVE SE EMERALD DOWNS DR NW M ST NE C ST NW 112TH AVE SE 41ST ST SE A ST NE D ST NW 51ST AVE S AUBURN WAY S KERSEY W AY SE A ST SE P E A S L E Y C A N Y O N RD S HARVEY RD NE B ST NW W MAIN ST 29TH ST SE E M A I N S T C ST SW AUBURN AVE NE 15TH ST NW I ST NE 17TH ST SE LAKE TAPPS PK W Y SE SE 281ST ST T E R R A C E DR NW A ST NW S 316TH ST 37TH ST NE RIVERWALK DR SE 8 T H S T N E 4T H ST SE SE 312TH ST BOUNDARY BLVD SW ELLINGSON RD SW S 2 77 T H ST 3 7T H ST NW L E A H I L L R D S E 15TH ST NE 321ST ST S S E 3 0 4 T H ST WEST VALLEY HWY N D ST NE AUBURN-BLACK DIAMOND RD SE R ST SE AUBURN WAY N 15TH ST SW WEST VALLEY HWY S M ST SE 3 R D ST SW 124TH AVE SE SUMNER-TAPPS H W Y E ORAVETZ RD SE SUMNERMEADOWSGOLFLINKS WASHINGTONNATIONALGOLFCOURSE AUBURNENVIRONMENTALPARK AUBURNGOLFCOURSE SUPERMALL MUCKLESHOOTCASINO TS167 TS167 TS18 TS18 WILDERNESSGAMEFARM JANSENADDITION GREENRIVER WELL5 WELL5A WELL7 WELL5B WELL4 WELL1 WHITERIVER EMERALDPARK WESTMAIN BRANNANPARK AUBURNWAYS GREENRIVER NORTHTAPPS 8THSTREET 22NDSTREET RAINIERRIDGEPEASLEYRIDGE ELLINGSONROAD TERRACEVIEW WHITEMOUNTAINTRAILS RAINIERSHADOWS FSTREET DOGWOOD VALLEYMEADOWS DSTREET AREA19 AUBURN40 VERDANA MAINTENANCE&OPERATIONS Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. ¬Map ID: 3681Printed On: 02/16/11 SCADA Utility Sites 0 1,200 2,400 3,600 4,800 6,000 FEET!{Sewer Siphons Ú Sewer Pump Stations Ú Storm Pump Stat ions Ú Water Pump Stations ß Water Reservoirs L Water Wells Auburn City Limits Potential Annexation Areas RESERVOIR 2 LEAHILLRIVERSIDE WELL2 WELL6 LEAHILLINTERTIE LEAHILLINTERTIE4A LEAHILLINTERTIE4B ASTREET ACADEMY1ACADEMY2COALCREEKRESERVOIR1 WELL3AWELL3B ACADEMY8A ACADEMY8B BRAUNWOODESTATESBRAUNWOODESTATESRESERVOIR LAKELAND HILLS LAKELAND HILLS5 RESERVOIR5B PORTERBRIDGE RSTREET i CA.B Page 14 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1202 Date: February 11, 2014 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Budget Impact: $0 Administrative Recommendation: Public Works Committee recommend Council grant permission to enter into Amendment No. 2 to Consultant Agreement No. AG-C-425 with KPG, Inc. for engineering services for Project No. CP1202 Auburn Way South Flooding Imp Phase II. Background Summary: The City’s Auburn Way South Flooding Imp. - Phase II project will design and construct storm water drainage improvements along 17th Street SE, from the point of termination of the Phase I project at 17th St SE/K Street SE, westerly along 17th Street SE, to the A Street SE Infiltration Pond. From this point west, approximately 3,100 LF of larger diameter pipe will replace the existing lines in 17th St. SE. Existing pipe flows at J St. SE and B St. SE will re-routed to the 17th Street SE drainage system. This project also includes deepening the existing 17th and A Street SE infiltration pond to provide additional storm water storage. Amendment No. 2 adds the design of additional utility replacements to the Consultant Agreement that were not included in the original project scope. The need for these utility replacements were discovered during the preliminary design and include: 1,500 linear feet of sanitary sewer replacement, replacement of 3 sanitary sewer manholes, replacement of 22 side sewer services, replacement of 3,400 linear feet of water main replacement, laterals, and water services. The Not-to-be-Exceeded amount of this amendment is $77,000.00, which increases the agreement total to $342,000.00. A project budget increase of $898,762.00 within the 430 Water Utility Fund will be necessary to fund the design and construction of the water main replacement, however it will not require a budget adjustment due to reduction in scope and costs of Project No. CP1107, Fulmer Field Improvements; the budgeted expenditures in the 430 Water Utility AUBURN * MORE THAN YOU IMAGINEDCA.C Page 15 of 169 Fund will not be exceeded this year. Reviewed by Council Committees: Public Works Councilmember:Osborne Staff:Lee Meeting Date:February 18, 2014 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C Page 16 of 169 Project No: CP1202Project Title: Project Manager: Robert Lee Consultant Agreement Amendment Initiation Date: _8/19/2013___ Permision to Advertise Advertisement Date: ________ Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 2013 (actual)2014 Future Years Total 430 Fund - Water00000 431 Fund - Sewer0154359,8460360,000 432 Fund - Storm081,6081,556,39201,638,000 Total081,7621,916,23801,998,000 Activity Prior Years 2013 (actual)2014 Future Years Total Design Engineering - City Costs014,28325,000039,283 Design Engineering - Consultant Costs067,479274,5210342,000 Construction Estimate002,060,00002,060,000 Project Contingency (15%)00309,0000309,000 BUDGET STATUS SHEET Auburn Way South Flooding Imp. - Ph II Date: February 11, 2014 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) Construction Engineering - City Costs0030,000030,000 Construction Engineering - Consultant Costs0025,000025,000 Total081,7622,723,52102,805,283 Prior Years2013 (actual)2014Future YearsTotal *430 Funds Budgeted ( )00000 430 Funds Needed00898,7620898,762 *430 Fund Project Contingency ( )00000 430 Funds Required 00898,7620898,762 Prior Years2013 (actual)2014Future YearsTotal *431 Funds Budgeted ( )0(154)(359,846)0(360,000) 431 Funds Needed0154354,0580354,212 *431 Fund Project Contingency ( )00(5,788)0(5,788) 431 Funds Required 00000 Prior Years2013 (actual)2014Future YearsTotal *432 Funds Budgeted ( )0(81,608)(1,556,392)0(1,638,000) 432 Funds Needed081,6081,470,70101,552,309 *432 Fund Project Contingency ( )00(85,691)0(85,691) 432 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City has available. 430 Water Budget Status 431 Sewer Budget Status 432 Storm Budget Status H:\PROJ\CP1202-AWS Flooding Improvements\Budget\AWS Budget Status.xls1 of 1CA.C Page 17 of 169 CP1202 - AWS Flooding - Ph 2 Printed Date: Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map Created by City of Auburn eGIS 1/11/2013 CA.C Page 18 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1207 Date: February 12, 2014 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Budget Impact: $0 Administrative Recommendation: Public Works Committee recommend City Council approve Change Order No. 01 in the amount of $231,110.03 to Contract No. 13-10 for work on Project No. CP1207 D Street Utility Improvements. Background Summary: The ‘D’ Street Utility Improvements project includes the construction of storm drainage, sanitary sewer and water improvements along D St. NE between Auburn Way North (AWN) and S. 277th St. Water improvements consist of extending a new 12” ductile iron water main along D St. NE from AWN to 49th St NE to replace an existing 6” asbestos- cement water line. Sanitary sewer improvements include decommissioning the D St. NE sewer pump station and replacing it with a gravity conveyance system, consisting of a new 12” sanitary sewer main along D St. NE from AWN to S. 277th St. Storm drainage improvements include replacing and upsizing the existing 30” storm line with a new 36” storm line along D St. NE from AWN to S. 277th St. Change Order No. 01 covers the costs for bid quantity over runs for unsuitable foundation excavation and pipe trench backfill material to address unstable soils within the project limits. Change Order No. 01 also includes other measures to install pipe within these unstable soils, such as foundation fabric wrap, concrete sleds, and changing pipe material from PVC to ductile iron. A project increase of $80,144.00 within the 431 Sewer Fund will be necessary, however it will not require a budget adjustment since it is anticipated that the budgeted expenditures in the Sewer Capital Fund will not be exceeded this year. A project increase of $98,500.00 within the 432 Storm Fund will be necessary, however it will not require a budget adjustment since it is anticipated that the budgeted expenditures in the Storm Capital Fund will not be exceeded this year. AUBURN * MORE THAN YOU IMAGINEDCA.D Page 19 of 169 Reviewed by Council Committees: Public Works Councilmember:Osborne Staff:Truong Meeting Date:February 18, 2014 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Page 20 of 169 BUDGET STATUS SHEET Project No: CP1207 Project Title: D Street Utility Improvements Project Project Manager: Kim Truong Date: February 10, 2014 Project Initiation Initiation Date: ____01/22/2013_____ Permission to Advertise Advertisement Date: _07/15/2013_ Contract Award Award Date: __09/09/2013_________ Change Order Approval Budget Status Update Funds Budgeted (Funds Available) Funding Prior Years 2012 2013 2014 Total 430 Fund - Water 9,374 332,826 342,200 431 Fund - Sewer 15,610 634,393 650,003 432 Fund - Storm Drainage 17,014 652,986 670,000 Total 0 41,998 1,620,205 0 1,662,203 Estimated Cost (Funds Needed) Activity Prior Years 2012 2013 2014 Total Design Engineering - City Costs 41,998 58,685 100,683 Design Engineering - Consultant Costs 13,889 284 14,172 Permits/Misc.2,880 894 3,774 Construction Contract Bid 325,214 996,358 1,321,572 Change Order #1 231,110 231,110 Project Contingency 35,000 35,000 Construction Engineering - Consultant Costs 42,984 15,940 58,924 Construction Engineering - City Costs 35,442 40,169 75,611 Total 0 41,998 479,094.05 1,319,755.01 1,840,847 430 Water Budget Status Prior Years 2012 2013 2014 Total *430 Funds Budgeted ( )0 (9,374)(332,826)0 (342,200) 430 Funds Needed 0 9,374 75,773 257,053 342,200 *430 Fund Project Contingency ( )0 0 (257,053)0 0 430 Funds Required 0 0 0 257,053 0 431 Sewer Budget Status Prior Years 2012 2013 2014 Total *431 Funds Budgeted ( )0 (15,610)(634,393)0 (650,003) 431 Funds Needed 0 15,610 295,777 418,760 730,147 *431 Fund Project Contingency ( )0 (0)(338,616)0 0 431 Funds Required 0 0 0 418,760 80,144 432 Storm Budget Status Prior Years 2012 2013 2014 Total *432 Funds Budgeted ( )0 (17,014)(652,986)0 (670,000) 432 Funds Needed 0 17,014 107,544 643,942 768,500 *432 Fund Project Contingency ( )0 (0)(545,442)0 0 432 Funds Required 0 0 0 643,942 98,500 * ( # ) in the Budget Status Sections indicates Money the City has available. H:\PROJ\CP1207-D St Utilities Improvement\Budget\BudgetStatusSheet.xls 1 of 1CA.D Page 21 of 169 CA.D Page 22 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1302 Date: February 11, 2014 Department: Public Works Attachments: Budget Status Sheet Final Pay Estimate Vicinity Maps Budget Impact: $0 Administrative Recommendation: Public Works Committee recommend City Council approve Final Pay Estimate No. 5 to Contract No. 13-06 in the amount of $4,454.00 and accept construction of Project No. CP1302, 2013 Pavement Patching, Chipseal, and Overlay Project. Background Summary: The 2013 Pavement Patching, Chipseal and Overlay Project rehabilitated deficient pavement on approximately 7.7 miles of streets throughout the City as part of both the 2013 Arterial/Collector Pavement Preservation Program and the 2013 Save Our Streets Program. This rehabilitation was accomplished by using three different types of pavement preservation treatments as follows: Pavement Patching This project performed a pavement patching treatment (removing and replacing areas of damaged pavement) on 1.1 mile of arterial and collector streets as part of the City’s Arterial and Collector Street Pavement Preservation Program. Chipsealing This project performed a double chipseal treatment on 4.0 miles of arterial and collector streets as part of the City’s Arterial and Collector Street Pavement Preservation Program. In addition, this project performed a chipseal treatment on 1.5 mile of local streets as part of the City’s Save Our Streets Program. Asphalt Overlay This project performed an asphalt overlay treatment on 1.1 mile of arterial and collector streets as part of the City’s Arterial and Collector Street Pavement Preservation Program. AUBURN * MORE THAN YOU IMAGINEDCA.E Page 23 of 169 See the attached vicinity maps for the specific project streets. A project budget contingency of $46,956.00 remains in the 103 (Local Street Pavement Preservation) Fund. A project budget contingency of $458,458.00 remains in the 105 (Arterial and Collector Street Pavement Preservation) Fund. Reviewed by Council Committees: Public Works Councilmember:Osborne Staff:Wickstrom Meeting Date:February 18, 2014 Item Number:CA.E AUBURN * MORE THAN YOU IMAGINEDCA.E Page 24 of 169 Project No: CP1302Project Title: Project Manager: Seth Wickstrom Initiation/Consultant Agreement Initiation Date: __October 15, 2012___ Permission to Advertise Advertisement Date: _June 27, 2013_ Contract Award Award Date: _July 15, 2013________ Change Order Approval Contract Final Acceptance Funding Prior Years 20132014 Future Years Total 103 Fund - Local Street Preservation 223,920 223,920 105 Fund - Arterial/Collector Preservation 1,611,190 1,611,190 321 Fund - Municipal Parks Const.*26,691 26,691 Total 01,861,801001,861,801 *A portion of the CP1003 (Lea Hill Park Improvement) project budget. Used for street improvements on SE 316th St. Activity Prior Years 20132014 Future Years Total Design Engineering - City Costs**16,116 16,116 Construction Contract Bid 1,307,226298,9281,606,154 Line Item Changes (294,475)(294,475) Construction Engineering - City Costs**25,091 3,500 28,591 BUDGET STATUS SHEET 2013 Pavement Patching, Chipseal and Overlay Project Date: February 10, 2014 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) Construction Engineering - City Costs**25,0913,50028,591 Total 01,348,4337,95401,356,386 **City staff costs for local street design and construction are not charged against the project budget and are not shown here. Prior Years 20132014 Future Years Total ***103 Funds Budgeted ( )0(223,920)00(223,920) 103 Funds Needed 0175,8201,1440176,964 ***103 Fund Project Contingency ( )0 (48,100)00(46,956) 103 Funds Required 001,14400 Prior Years 20132014 Future Years Total ***105 Funds Budgeted ( )0(1,611,190)00(1,611,190) 105 Funds Needed 01,145,9226,81001,152,732 ***105 Fund Project Contingency ( )0 (465,268)00(458,458) 105 Funds Required 006,81000 Prior Years 20132014 Future Years Total ***321 Funds Budgeted ( )0(26,691)00(26,691) 321 Funds Needed 026,6910026,691 ***321 Fund Project Contingency ( )00000 321 Funds Required00000 *** ( # ) in the Budget Status Sections indicates Money the City has available. 103 Local Street Budget Status 105 Arterial/Collector Budget Status 321 Municipal Parks Budget Status 1 of 1CA.E Page 25 of 169 CA.EPage 26 of 169 CA.EPage 27 of 169 CA.EPage 28 of 169 CA.EPage 29 of 169 CA.E Pa g e 3 0 o f 1 6 9 CA.E Pa g e 3 1 o f 1 6 9 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1307 Date: February 11, 2014 Department: Public Works Attachments: Budget Status Sheet Final Pay Estimate Vicinity Maps Budget Impact: $0 Administrative Recommendation: Public Works Committee recommend City Council approve Final Pay Estimate No. 1 to Limited Public Works Contract No. 13-17 in the amount of $36,873.10 and accept construction of Project No. CP1307, Control Structure Installation Project. Background Summary: The purpose of the Control Structure Installation Project was to install storm water control structures in the five existing storm water manholes shown on the attached maps, as required for compliance with the City’s National Pollutant Discharge Elimination System (NPDES) permit. The purpose of these control structures is to control the rate of storm water flow going into and out of the storm ponds located at A St SW, C St SW and Lake Tapps Parkway SE during rain events. A project budget contingency of $1,931.00 remains in the 432 (Storm) Fund. Reviewed by Council Committees: Public Works Councilmember:Osborne Staff:Wickstrom Meeting Date:February 18, 2014 Item Number:CA.F AUBURN * MORE THAN YOU IMAGINEDCA.F Page 32 of 169 Project No: CP1307Project Title: Project Manager: Seth Wickstrom Project Initiation Initiation Date: _November 4, 2013______ Permission to Advertise Advertisement Date: _October 10, 2013 Contract Award Award Date: __November 4, 2013_______ Change Order Approval Contract Final Acceptance Funding Prior Years 20132014 Future Years Total 432 Fund - Storm R&R Program*50,000 50,000 Total 050,0000050,000 * This is a portion of the 2013 annual budget for the Storm Repair & Replacement Program. Activity Prior Years 20132014 Future Years Total Design Engineering - City Costs 5,484 5,484 Construction Contract Bid 36,41336,413 Line Item Changes 460460 Construction Engineering - City Costs 3,7122,0005,712 Total 09,19638,873048,069 Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) BUDGET STATUS SHEET Control Structure Installation Project Date: February 10, 2014 The "Future Years" column indicates the projected amount to be requested in future budgets. Prior Years 20132014 Future Years Total **432 Funds Budgeted ( )0(50,000)00(50,000) 432 Funds Needed 09,19638,873048,069 **432 Fund Project Contingency ( )0 (40,804)00(1,931) 432 Funds Required 0038,87300 ** ( # ) in the Budget Status Sections indicates Money the City has available. 432 Storm Budget Status C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\D10E1A58-E86E-4E0B-9292- 65F16E6CFD5F\PDFConvert.8728.1.Budget_Status_Sheet 1 of 1CA.F Page 33 of 169 CA.FPage 34 of 169 CA.FPage 35 of 169 CO . 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F Pa g e 3 6 o f 1 6 9 CA.FPage 37 of 169 CA.F Page 38 of 169 CA.F Page 39 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6491 Date: February 6, 2014 Department: Public Works Attachments: Ordinance No. 6491 Exhibit A Exhibit B Exhibit C Exhibit D Budget Impact: $0 Administrative Recommendation: Public Works Committee recommend City Council introduce and adopt Ordinance No. 6491. Background Summary: Per Auburn City Code Chapter 20.06.010, a franchise shall be required of any commercial utility or telecommunications operator or carrier or other person who desires to occupy public ways of the city and to provide telecommunications or commercial utility services to any person or area in the city. T-Mobile West LLC has applied for a Franchise Agreement for wireless telecommunications facilities that are currently in the City’s rights of way on the west hill. These facilities were originally installed under a Right of Way Use Agreement with King County prior to the area being annexed into the City. This agreement will bring T- Mobile into compliance with City Code and allow them to obtain construction permits so that they can make repairs, upgrades and improvements to existing facilities. All construction permits would be reviewed, approved and managed through the City’s permitting processes that are a requirement of the Franchise Agreement. At this time T- Mobile does not intend to install any new facility sites in Auburn. Any new sites would require a review through City processes and an amendment to the agreement. Ordinance No. 6491, if adopted by City Council, approves Franchise Agreement No. 13- 37 subject to terms and conditions outline in the Ordinance. Reviewed by Council Committees: Public Works Other: Legal AUBURN * MORE THAN YOU IMAGINEDORD.A Page 40 of 169 Councilmember:Osborne Staff:Mund Meeting Date:February 18, 2014 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINEDORD.A Page 41 of 169 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 February 11, 2014 Page 1 of 15 ORDINANCE NO. 6491 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, GRANTING TO T-MOBILE WEST LLC, A DELAWARE LIMITED LIABILITY COMPANY, A FRANCHISE FOR TELECOMMUNICATIONS WHEREAS, T-Mobile West LLC, a Delaware limited liability company(“Grantee”) has applied to the City of Auburn (“City”) for a non-exclusive Franchise for the right of entry, use, and occupation of certain public right(s)-of- way within the City, expressly to install, construct, erect, operate, maintain, modify, repair, relocate and remove its facilities in, on, over, under, along and/or across those right(s)-of-way (“Franchise”); and WHEREAS, with respect to some of these facilities, they were previously installed the public rights of ways with the permission of King County, which managed those right(s)-of-way prior to the annexation of those rights of way into the City of Auburn; and WHEREAS, following proper notice, the City Council held a public hearing on Grantee’s request for a Franchise, at which time representatives of Grantee and interested citizens were heard in a full public proceeding affording opportunity for comment by any and all persons desiring to be heard; and WHEREAS, with respect to those facilities previously installed by authorization of King County, this agreement supersedes and replaces all agreements between Grantee and King County; and WHEREAS, based upon the foregoing recital clauses, and from information presented at such public hearing, and from facts and circumstances developed or discovered through independent study and investigation, the City Council in compliance with RCW 35.99 now deems it appropriate and in the best interest of the City and its inhabitants that the franchise be granted to Grantee. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, DO ORDAIN as follows: Section 1. Grant of Right to Use Franchise Area A. Subject to the terms and conditions stated herein, pursuant to RCW 35.99 the City grants to the Grantee general permission to enter, use, and occupy the public right(s)-of-way of the City. However, Grantee shall not extend its occupation of the public rights of way beyond the two facilities that presently ORD.A Page 42 of 169 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 February 11, 2014 Page 2 of 15 occupy the rights of way as specified in Exhibit “A”, attached hereto and incorporated by reference (the “Franchise Area”), without having first obtained an amendment to this agreement and site specific permits from the City authorizing Grantee to install telecommunications equipment at such other locations than specified in Exhibit “A”. B. This Franchise does not authorize the use of the public rights of ways for any facilities or services other than for wireless telecommunications facilities. C. This Franchise is non-exclusive and does not prohibit the City from entering into other agreements, including Franchises, impacting the Franchise Area, unless the City determines that entering into such agreements interferes with Grantee’s rights set forth herein. D. Except as explicitly set forth herein, this Franchise does not waive any rights that the City has or may hereafter acquire with respect to City rights-of- way. This Franchise shall be subject to the power of eminent domain, and in any proceeding under eminent domain. Grantee acknowledges that the City has the power of eminent domain and that Grantee’s remedies in the event of the exercise of such power are set forth in RCW 35.99 and other applicable law. E. The City reserves the right to change, regrade, relocate, abandon, or vacate any public right-of-way. If, at any time during the term of this Franchise, the City vacates any portion of the rights of way containing Grantee Facilities, the City shall reserve an easement for public utilities within that vacated portion, pursuant to RCW 35.79.030, within which the Grantee may continue to operate any existing Grantee Facilities under the terms of this Franchise for the remaining period set forth under Section 3. F. The Grantee agrees that its use of the Franchise Area shall at all times be subordinated to and subject to the City and the public’s need for municipal infrastructure, travel, and access to the Franchise Area, except as may be otherwise required by law. Section 2. Notice A. Except as defined in the respective filing and emergency work provisions of Sections 5 and 7 herein, 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. City or Grantee may from time to time ORD.A Page 43 of 169 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 February 11, 2014 Page 3 of 15 designate any other address for this purpose by providing written notice to the other party effective thirty (30) days after the provision thereof. City: City of Auburn Engineering Aide, Transportation 25 West Main Street Auburn, WA 98001-4998 Telephone: (253) 931-3010; Fax: (253) 931-3048 with a copy to: City Clerk City of Auburn 25 West Main Street Auburn, WA 98001-4998 Grantee: T-Mobile USA, Inc. 12920 SE 38th Street Bellevue, WA 98006 Attention: Lease Compliance/ City of Auburn Franchise B. Any changes to the above-stated Grantee information shall be sent to the City, referencing the title of this agreement. C. The above-stated voice and fax telephone numbers shall be staffed at least during normal business hours, Pacific time zone. Section 3. Term of Agreement A. This Franchise shall run for a period of five (5) years, from the date of execution specified in Section 5. B. Renewal Option of Term: The Grantee may renew this Franchise for an additional five (5) year period upon submission and approval of the application specified under ACC 20.06.130, as it now exists or is amended, within the timeframe set forth therein (currently 240 to 180 days prior to expiration of the then-current term), which approval shall not be unreasonably withheld, conditioned or delayed. Any materials submitted by the Grantee for a previous application may be considered by the City in reviewing a current application, and the Grantee shall only submit those materials reasonably deemed necessary by the City to address changes in the Grantee Facilities or Grantee Services, or to reflect specific reporting periods mandated by the ACC. ORD.A Page 44 of 169 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 February 11, 2014 Page 4 of 15 C. Failure to Renew Franchise – Automatic Extension. If the Parties fail to formally renew this Franchise prior to the expiration of its term or any extension thereof, the Franchise automatically continues month to month until renewed or until either party gives written notice at least one hundred eighty (180) days in advance of the intent not to renew the Franchise. Section 4. Definitions For the purpose of this agreement: “ACC” means the Auburn City Code. "Emergency" means a condition of imminent danger to the health, safety and welfare of persons or property located within the City including, without limitation, damage to persons or property from natural consequences, such as storms, earthquakes, riots, acts of terrorism or wars. “Maintenance or Maintain” shall mean examining, testing, inspecting, repairing, maintaining, modifying and/or replacing the existing Grantee Facilities or any part thereof as required and necessary for safe operation. “Relocation” means permanent movement of Grantee facilities required by the City, and not temporary or incidental movement of such facilities, or other revisions Grantee would accomplish and charge to third parties without regard to municipal request. “Rights-of-Way” means the surface and the space above and below streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks, and easements, owned or controlled by the City. Section 5. Acceptance of Franchise A. This Franchise, and any rights granted hereunder, shall not become effective for any purpose unless and until Grantee files with the City Clerk (1) the Statement of Acceptance, attached hereto as Exhibit “D,” and incorporated by reference, (2) all verifications of insurance coverage specified under Section 15, and (3) the financial guarantees specified in Section 16 (collectively, “Franchise Acceptance”). The date that such Franchise Acceptance is filed with the City Clerk shall be the effective date of this Franchise. B. Should the Grantee fail to file the Franchise Acceptance with the City Clerk within thirty (30) days after the effective date of the ordinance approving the Franchise, the City’s grant of the Franchise will be null and void. ORD.A Page 45 of 169 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 February 11, 2014 Page 5 of 15 Section 6. Construction and Maintenance A. The Grantee shall apply for, obtain, and comply with the terms of all permits required under ACC Chapter 12.24 for any work done upon Grantee Facilities. Grantee shall comply with all applicable City, State, and Federal codes, rules, regulations, and orders in undertaking such work, which shall be done in a thorough and proficient manner. B. Grantee agrees to coordinate its activities with the City and all other utilities located within the public right-of-way within which Grantee is undertaking its activity. C. The City expressly reserves the right to prescribe how and where Grantee Facilities shall be installed within the public right-of-way and may from time to time, pursuant to the applicable sections of this Franchise, require the removal, relocation and/or replacement thereof in the public interest and safety in compliance with applicable law. D. Before commencing any work involving excavation within the public right-of-way, the Grantee shall comply with the One Number Locator provisions of RCW Chapter 19.122 to identify existing utility infrastructure. E. Tree Trimming. Upon prior written approval of the City and in accordance with City ordinances, Grantee shall have the authority to reasonably trim trees upon and overhanging streets, public rights-of-way, and places in the Franchise Area so as to prevent the branches of such trees from coming in physical contact with the Grantee Facilities. Grantee shall be responsible for debris removal from such activities. If such debris is not removed within twenty- four (24) hours of completion of the trimming, the City may, at its sole discretion, remove such debris and charge Grantee for the cost thereof. This section does not, in any instance, grant automatic authority to clear vegetation for purposes of providing a clear path for radio signals. Any such general vegetation clearing will require an additional and separate approval from the City. Section 7. Access, Repair and Emergency Work In the event of an emergency, the Grantee may commence such repair and emergency response work as required under the circumstances, provided that the Grantee shall notify the City telephonically during normal business hours (at 253-931-3010 and during non-business hours at 253-876-1985) as promptly as possible, before such repair or emergency work commences, and in writing as soon thereafter as possible. Such notification shall include the Grantee’s emergency contact phone number for the corresponding response activity. For ORD.A Page 46 of 169 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 February 11, 2014 Page 6 of 15 any emergency or after normal business hour issues involving the Grantee’s facilities which requires the Grantee’s immediate response the City shall contact the Grantee at their network operations center telephonically at 888-662-4662, which is operated 24 hours a day, seven days a week. The City may commence emergency response work, at any time, without prior written notice to the Grantee, but shall notify the Grantee in writing as promptly as possible under the circumstances of the nature of the emergency and the actions taken to address it. Section 8. Damages to City and Third-Party Property Grantee agrees that if any of its actions under this Franchise impairs or damages any City property, survey monument, or property owned by a third- party, Grantee will restore, at its own cost and expense, said property to a safe condition. Such repair work shall be performed and completed pursuant to City Code.. Section 9. Location Preference and Interference A. Any structure, equipment, appurtenance or tangible property of a utility, other than the Grantee’s, which was installed, constructed, completed or in place prior in time to Grantee’s application for a permit to construct or repair Grantee Facilities under this Franchise shall have preference as to positioning and location with respect to the Grantee Facilities. However, to the extent that the Grantee Facilities are completed and installed prior to another utility’s submittal of a permit for new or additional structures, equipment, appurtenances or tangible property, then the Grantee Facilities shall have such priority. These rules governing preference shall continue in the event of the necessity of relocating or changing the grade of any City road or right-of-way. A relocating utility shall not necessitate the relocation of another utility that otherwise would not require relocation. This Section shall not apply to any City facilities or utilities that may in the future require the relocation of Grantee Facilities. Such relocations shall be governed by Section 11. B. Grantee shall maintain a minimum underground horizontal separation of five (5) feet from City water facilities and ten (10) feet from above- ground City water facilities; provided, that for development of new areas, the City, in consultation with Grantee and other utility purveyors or authorized users of the Public Way, will develop guidelines and procedures for determining specific utility locations. Section 10. Grantee Information A. Grantee agrees to supply, at no cost to the City, any information reasonably requested by the City to coordinate municipal functions with ORD.A Page 47 of 169 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 February 11, 2014 Page 7 of 15 Grantee’s activities and fulfill any municipal obligations under state law. Said information shall include, at a minimum, as-built drawings of Grantee Facilities, installation inventory, and maps and plans showing the location of existing or planned facilities within the Rights-of-Way. Said information may be requested either in hard copy or electronic format, compatible with the City’s data base system, as now or hereinafter existing, including the City’s geographic information Service (GIS) data base. Grantee shall keep the City informed of its long-range plans for coordination with the City’s long-range plans. B. The parties understand that Washington law limits the ability of the City to shield from public disclosure any information given to the City. Accordingly, the City agrees to notify the Grantee of requests for public records related to the Grantee, and to give the Grantee a reasonable amount of time to obtain an injunction to prohibit the City’s release of records. C. Grantee shall indemnify and hold harmless the City for any loss or liability for fines, penalties, and costs (including attorneys fees) imposed on the City because of non-disclosures requested by Grantee under Washington’s open public records act, provided the City has notified Grantee of the pending request and has given Grantee ten working days to obtain an injunction to prohibit the City’s release of records. Section 11. Relocation of Grantee Facilities A. Except as otherwise so required by law, Grantee agrees to relocate, remove, or reroute its facilities as ordered by the City Engineer at no expense or liability to the City, except as may be required by RCW Chapter 35.99 in the event the Franchise Area is required for use by the City in performance of its municipal services. In such event, City will give Grantee prior written notice of the need for such relocation of the Franchise Area. Notwithstanding the foregoing however, and pursuant to the provisions of Section 14, Grantee agrees to protect and save harmless the City from any customer or third-party claims for service interruption or other similar losses in connection with any such change, relocation, abandonment, or vacation of the right-of-way(s). B. If a readjustment or relocation of the Grantee Facilities is necessitated by a request from a party other than the City, that party shall pay the Grantee the actual costs thereof. Section 12. Abandonment and or Removal of Grantee Facilities A. Within one hundred and eighty days (180) of Grantee’s permanent cessation of use of the Grantee Facilities, or any portion thereof, the Grantee shall, at the City’s discretion, remove the affected facilities, or, with the City’s ORD.A Page 48 of 169 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 February 11, 2014 Page 8 of 15 written permission, abandon in place such facilities whereupon they will transfer to the City in their AS IS and WHERE IS condition without need of execution of any further documentation formalizing the transfer, and without representation or warranty of any kind or nature provided the Grantee shall provide to the City drawings, maps or other documentation about said facilities to the reasonable satisfaction of the City. Following such transfer, Grantee shall no longer be responsible for any liability, maintenance, repair or removal obligations related to or arising from the transferred facilities. B. The parties expressly agree that this Section shall survive the expiration, revocation or termination of this Franchise. Section 13. Undergrounding A. The parties agree that this Franchise does not limit the City’s authority under federal law, state law, or local ordinance, to require the undergrounding of utilities that can be installed underground. B. Whenever the City requires the undergrounding of aerial utilities in the Franchise Area, the Grantee shall underground those portions of Grantee Facilities that can be installed underground in the manner specified by the City Engineer at no expense or liability to the City, except as may be required by RCW Chapter 35.99 or other applicable law. Where other utilities are present and involved in the undergrounding project, Grantee shall only be required to pay its fair share of common costs borne by all utilities it utilizes, in addition to the costs specifically attributable to the undergrounding of Grantee Facilities. Common costs shall include necessary costs for common trenching and utility vaults. Fair share shall be determined in comparison to the total number and size of all other utility facilities being undergrounded and the use thereof by all applicable parties Section 14. Indemnification and Hold Harmless A. The Grantee shall defend, indemnify, and hold the City and its officers, officials, agents, employees, and volunteers harmless from any and all costs, claims, injuries, damages, losses, suits, or liabilities of any nature including attorneys’ fees to the extent caused by Grantee’s performance under this Franchise, except to the extent such costs, claims, injuries, damages, losses, suits, or liabilities are caused by the negligence of the City, its agents, contractors, employees or invitees. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the ORD.A Page 49 of 169 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 February 11, 2014 Page 9 of 15 City, its officers, officials, employees, and volunteers, the Grantee’s liability hereunder shall be only to the extent of the Grantee's negligence. B. The Grantee shall hold the City harmless from any liability for any damage or loss to the Grantee Facilities caused by maintenance and/or construction work performed by, or on behalf of, the City within the Franchise Area or any other City road, right-of-way, or other property, except to the extent any such damage or loss is directly caused by the negligence or intentional misconduct of the City, its agents, contractors, employees or invitees performing such work. C. The Grantee acknowledges that neither the City nor any other public agency with responsibility for firefighting, emergency rescue, public safety or similar duties within the City has the capability to provide trench, close trench or confined space rescue. The Grantee, and its agents, assigns, successors, or contractors, shall make such arrangements as Grantee deems fit for the provision of such services. The Grantee shall hold the City harmless from any liability arising out of or in connection with any damage or loss to the Grantee for the City’s failure or inability to provide such services, and, pursuant to the terms of Section 14(A), the Grantee shall indemnify the City against any and all third- party costs, claims, injuries, damages, losses, suits, or liabilities based on the City’s failure or inability to provide such services. D. Acceptance by the City of any work performed by the Grantee shall not be grounds for avoidance of this section. E. It is further specifically and expressly understood that the indemnification provided herein constitutes the Grantee’s waiver of immunity under Industrial Insurance, Title 51 RCW , solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement with respect to acts or events occurring prior thereto. Section 15. Insurance A. The Grantee shall procure and maintain for the duration of this Franchise, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Grantee, its agents, representatives, or employees in the amounts and types set forth below: 1. Automobile Liability insurance covering all owned, non- owned, hired, and leased vehicles with a minimum combined single limit for ORD.A Page 50 of 169 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 February 11, 2014 Page 10 of 15 bodily injury and property damage of $1,000,000 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. Coverage shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, and personal injury liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse, or underground property damage. The City shall be named as an additional insured under the Grantee’s Commercial General Liability insurance policy with respect to the work performed under this Franchise using ISO Additional Insured Endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Professional Liability insurance with limits no less than $1,000,000 per claim carried by all licensed professionals employed or retained by Grantee to perform services under this Franchise. 4. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 1. The Grantee’s insurance coverage shall be primary insurance with respect to claims alleging Grantee’s negligence. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Grantee’s insurance and shall not contribute with it. 2. The Grantee’s insurance shall be endorsed to state that coverage shall not be cancelled by either party except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-:VII. ORD.A Page 51 of 169 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 February 11, 2014 Page 11 of 15 D. Verification of Coverage. Grantee shall furnish the City with documentation of insurer’s A.M. Best rating and with original certificates and a copy of amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. E. Grantee shall have the right to self-insure any or all of the above- required insurance. Any such self insurance is subject to approval by the City. F. Grantee’s maintenance of insurance as required by this Franchise shall not be construed to limit the liability of Grantee to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy to which the City is otherwise entitled at law or in equity. Section 16. Performance Security The Grantee shall provide the City with a bond, or other financial guarantee in a form and substance reasonably acceptable to the City, in the amount of Fifty Thousand Dollars ($50,000) running for, or renewable for, the term of this Franchise. In the event Grantee shall fail to substantially comply with any one or more of the provisions of this agreement within the applicable cure or grace period, then there shall be recovered jointly and severally from the principal and any surety of such financial guarantee any damages suffered by City as a direct result thereof, including but not limited to staff time, material and equipment costs, compensation or indemnification of third parties, and the cost of removal or abandonment of facilities hereinabove described. Grantee specifically agrees that its failure to comply with the terms of Section 19 shall constitute damage to the City in the monetary amount set forth therein. Such a financial guarantee shall not be construed to limit the Grantee’s liability to the guarantee amount, or otherwise limit the City’s recourse to any remedy to which the City is otherwise entitled at law or in equity. Section 17. Successors and Assignees A. All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors, assigns of, and independent contractors of the Grantee, and all rights and privileges, as well as all obligations and liabilities of the Grantee shall inure to its successors, assignees and contractors equally as if they were specifically mentioned herein wherever the Grantee is mentioned. B. This Franchise shall not be leased, assigned or otherwise alienated without the express prior consent of the City by ordinance. The foregoing ORD.A Page 52 of 169 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 February 11, 2014 Page 12 of 15 notwithstanding, Grantee may assign this Franchise in whole or in part without the need for the City’s consent to any entity that controls, is controlled by, or is under common control with Grantee, or to any entity resulting from any merger or consolidation with Grantee, or to any partner of Grantee or to any partnership in which Grantee is a general partner, or to any person or entity that acquires all of the assets of Tenant as a going concern. C. For any assignment requiring City consent, Grantee and any proposed assignee or transferee shall provide and certify the following to the City not less than sixty (60) days after the proposed date of transfer: (a) Complete information setting forth the nature, term and conditions of the proposed assignment or transfer (redacted for any financial terms); (b) All information reasonably required by the City of an applicant for a Franchise with respect to the proposed assignee or transferee; and, (c) An application fee which shall be set by the City, plus any other costs actually and reasonably incurred by the City in processing, and investigating the proposed assignment or transfer. D. Prior to the City’s consideration of a request by Grantee to consent to a Franchise assignment or transfer, the proposed Assignee or Transferee shall file with the City a written promise to unconditionally accept all terms of the Franchise, effective upon such transfer or assignment of the Franchise. The City is under no obligation to undertake any investigation of the transferor’s state of compliance and failure of the City to insist on full compliance prior to transfer does not waive any right to insist on full compliance thereafter. E. Upon assignment, Grantee shall be relieved of all liabilities and obligations hereunder accruing thereafter and City shall look solely to the assignee for performance under this agreement and all such obligations accruing thereafter hereunder provided such assignee accepts all such obligations in writing within thirty (30) days of the date of assignment and is of substantially similar financial strength or credit worthiness as Grantee. Section 18. Dispute Resolution A. In the event of a dispute between the City and the Grantee arising by reason of this Agreement, the dispute shall first be referred to the operational officers or representatives designated by Grantor and Grantee to have oversight over the administration of this Agreement. The officers or representatives shall meet within thirty (30) calendar days of either party's request for a meeting, whichever request is first, and the parties shall make a good faith effort to achieve a resolution of the dispute. B. If the parties fail to achieve a resolution of the dispute in this manner, either party may then pursue any available judicial remedies. This ORD.A Page 53 of 169 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 February 11, 2014 Page 13 of 15 Franchise shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorneys’ fees and costs of suit, which shall be fixed by the judge hearing the case, and such fees shall be included in the judgment. Section 19. Enforcement and Remedies A. If the Grantee shall willfully violate, or fail to comply with any of the provisions of this Franchise through willful or unreasonable negligence, or should it fail to heed or comply with any notice given to Grantee under the provisions of this agreement, the City may, at its discretion, provide Grantee with written notice to cure the breach within thirty (30) days of notification. If the City determines the breach cannot be cured within thirty (30) days, the City may specify a longer cure period, and condition the extension of time on Grantee’s submittal of a plan to cure the breach within the specified period, commencement of work within the original thirty day cure period, and diligent prosecution of the work to completion. If the breach is not cured within the specified time, or the Grantee does not comply with the specified conditions, the City may, at its discretion, either (1) revoke the Franchise with no further notification, or (2) claim damages of Two Hundred Fifty Dollars ($250.00) per day against the financial guarantee set forth in Section 16 for every day after the expiration of the cure period that the breach is not cured. B. Should the City determine that Grantee is acting beyond the scope of permission granted herein for Grantee Facilities and Grantee Services, the City reserves the right to cancel this Franchise and/or require the Grantee to apply for, obtain, and comply with all applicable City permits, franchises, or other City permissions for such actions, and if the Grantee’s actions are not allowed under applicable federal and state or City laws, to compel Grantee to cease such actions. Section 20. Compliance with Laws and Regulations A. This Franchise is subject to, and the Grantee shall comply with all applicable federal and state or City laws, regulations and policies (including all applicable elements of the City's comprehensive plan), in conformance with federal laws and regulations, affecting performance under this Franchise. Furthermore, notwithstanding any other terms of this agreement appearing to the contrary, the Grantee shall be subject to the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the general public in relation to the rights granted in the Franchise Area. ORD.A Page 54 of 169 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 February 11, 2014 Page 14 of 15 B. The City reserves the right at any time to amend this Franchise to conform to any hereafter enacted, amended, or adopted federal or state statute or regulation relating to the public health, safety, and welfare, if required by such statute or regulation, or relating to roadway regulation, or a City Ordinance enacted pursuant to such federal or state statute or regulation upon providing Grantee with thirty (30) days written notice of its action setting forth the full text of the amendment and identifying the statute, regulation, or ordinance requiring the amendment. Said amendment shall become automatically effective upon expiration of the notice period unless, before expiration of that period, the Grantee makes a written call for negotiations over the terms of the amendment. If the parties do not reach agreement as to the terms of the amendment within thirty (30) days of the call for negotiations, the City may enact the proposed amendment, by incorporating the Grantee’s concerns to the maximum extent the City deems possible, or Grantee may terminate this agreement without further liability or penalty subject to its prompt removal of the Grantee Facilities in compliance with applicable terms herein. C. The City may terminate this Franchise upon thirty (30) days written notice to the Grantee, if the Grantee fails to comply with such amendment or modification within such thirty (30) day period. Section 21. License, Tax and Other Charges This Franchise shall not exempt the Grantee from any future license, tax, or charge which the City may hereinafter adopt pursuant to authority granted to it under state or federal law for revenue or as reimbursement for use and occupancy of the Franchise Area. Section 22. Consequential Damages Limitation Notwithstanding any other provision of this agreement, in no event shall either party be liable for any special, incidental, indirect, punitive, reliance, consequential or similar damages. Section 23. Severability If any portion of this Franchise is deemed invalid, the remainder portions shall remain in effect provided the provision deemed invalid is not a material term to this agreement. Section 24. Titles ORD.A Page 55 of 169 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 February 11, 2014 Page 15 of 15 The section titles used herein are for reference only and should not be used for the purpose of interpreting this Franchise. Section 25. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 26. Termination. Grantee shall have the right to terminate this agreement with respect to an individual Franchise Area authorized hereunder, without penalty, upon one hundred twenty (120) days prior written notice. In such event, all applicable fees and/or costs set forth herein shall be equitably adjusted as of the effective date of termination Section 27. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: ___________________ PASSED: ________________________ APPROVED: _____________________ ________________________________ NANCY BACKUS, MAYOR ATTEST: ___________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: __________________________ Daniel B. Heid, City Attorney Published: _________________ ORD.A Page 56 of 169 L A K ELAKETAPPSTAPPS S 277TH ST J O V I T A BLVD E PACIFIC AVE S M I L I T A R Y R D S ELLINGSON RD SW 8TH ST E WEST VALLEY HWY S 124TH AVE SE 132ND AVE SE 38TH AVE S STEWART RD SW A ST SE WEST VAL LEY H WY S 12TH ST E 182ND AVE E A U B U R N-BLACK DIAMOND RD SE S 288TH ST 9TH ST E 16 TH S T E A U B U R N-E N U M C LA W RD S M I L I T A R Y R D S 2 1 0 T H A V E E M I L I T A R Y R D S MILITARY RD S 18 18 164 167 A ST SE B ST NW AUBURN WAY S C ST SW I ST NE M ST SE AUBURN WAY N R ST SE 124TH AVE SE WEST VALLEY HWY N 132ND AVE SE S 277TH ST C ST NW 15TH ST SW W MAIN ST 15TH ST NW SE 304TH ST E MAIN ST LA KE TA P PS PK W Y S E 41ST ST SE 29TH ST SE SE 312TH ST 51ST AVE S K E R S EY WAY SE 8TH ST NE 37TH ST NW L A K E L A N D H I L L S W A Y S E ORAVETZ RD SE M ST NE D ST NW A ST NE 4TH ST SE 104TH AVE SE A ST NW SE 320TH ST WEST VALLEY HWY S LEA HILL RD SE EMERALD DOWNS DR NW 37TH ST NE S 316TH ST 321ST ST S AUBURN-BLACK DIAMOND RD SE D ST NE 112TH AVE SE RIVERWA L K D R SE P E A S L E Y C A N Y O N R D S EAST VALLEY HWY E HAR VEY R D NE SE 304TH WAY TERRACE DR N W SE 281ST ST SUMNER-TAPPS HW Y E 17TH ST SE 3RD ST SW 132 N D W AY SE16TH ST NW INDUSTRY DR SW 124TH AVE SE 112TH AVE SE 112TH AVE SE R ST SE A ST SE S E 3 0 4 T H S T SE 320TH ST M U C K L E S H O O TMUCKLESHOOTCASINOCASINO T H E T H E O U T L E T O U T L E T C O L L E C T I O N C O L L E C T I O N K I N GKINGCOUN T YCOUNTY K E N TKENT P A C I F I CPACIFIC P I E R C EPIERCECOUNTYCOUNTY A L G O N AALGONA S U M N E RSUMNER E D G E W O O DEDGEWOOD Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Exhibit "A" - T-Mobile Franchise Area T Mobile Facilities SE4042A SE04028B Hydrology Streams Lakes and Rivers Political Boundaries City of Auburn Surrounding Cities King and Pierce Counties Transportation Arterials Highways Locals Printed On: 11/7/2013 Map ID: 4317 SE4042A SE04028B ORD.A Page 57 of 169 Ordinance No. 6491 Exhibit B February 11, 2014 Page 1 of 1 EXHIBIT “B” GRANTEE FACILITIES EXISTING T-MOBILE FACILITIES IN CITY OF AUBURN ROW Site ID: SE4042A, “Peasley Canyon” Location: 33043 46th Place South Auburn, WA 98001 Description: Telecommunications Facility consisting of above ground radio equipment cabinets located in a 12’x17’ cedar wood fence enclosure in the Right-of- Way (ROW), with antennas collocated on an existing 88’ above-ground wooden utility pole in the ROW with connecting underground conduit. Site ID: SE04028B, Mountain View Cemetery/PR Location: 5605 S 324th Place Auburn WA 98001 Description: Telecommunication Facility consisting of antennas located on an existing 75’ above-groundround wood utility pole in the Right of Way with connecting underground conduit to the radio equipment cabinets located on adjacent private property. ORD.A Page 58 of 169 Ordinance No. 6491 Exhibit C February 11, 2014 Page 1 of 1 EXHIBIT “C” GRANTEE SERVICES SERVICES PROVIDED BY T-MOBILE WITHIN THE CITY OF AUBURN: Telecommunications Services authorized by the Federal Communications Commission; including but not limited to the following: THE TRANSMISSION, AMPLIFICATION AND RECEPTION OF RADIO COMMUNICATION SIGNALS, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO: · VOICE, · DATA, · IMAGES AND VIDEO · E-911/EMERGENCY ACCESS · 3-G AND 4-G ORD.A Page 59 of 169 Ordinance No. 6491 Exhibit D February 11, 2014 Page 1 of 1 EXHIBIT “D” STATEMENT OF ACCEPTANCE T-Mobile West LLC, A Delaware limited liability company, , for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached hereto and incorporated herein by this reference. T-Mobile West LLC By: Date: Name: Title: Acting Regional Director, Engineering & Operations STATE OF _______________) )ss. COUNTY OF _____________ ) On this ____ day of _______________, 2014, before me the undersigned, a Notary Public in and for the State of __________, duly commissioned and sworn, personally appeared, __________________ of _________, the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. Signature NOTARY PUBLIC in and for the State of ___________, residing at MY COMMISSION EXPIRES: ORD.A Page 60 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6499 Date: February 11, 2014 Department: Public Works Attachments: Ordinance No. 6499 Budget Impact: $0 Administrative Recommendation: Public Works Committee recommend that City Council introduces and adopts Ordinance No. 6499. Background Summary: Ordinance No. 6499 declares public use and necessity regarding City Project CP1119 - Auburn Way South Corridor Improvements – Fir Street to Hemlock Street and authorizes condemnation action for property from 3202 and 3204 Auburn Way South. Property is needed from these parcels in order to widen the existing roadway to include sidewalks, two lanes in each direction, and a center turn lane and/or median island. Resolution 4939 was previously passed by the City Council that authorized negotiations with the property owners to acquire the property needed for this project. Despite having diligently pursued amicable settlements with property owners, agreements have not yet been reached and condemnation action may be needed. In accordance with Resolution 5028 that was approved by City Council on January 21, 2014, notifications were sent to property owners on January 23, 2014 that included a copy of Ordinance No. 6499 and indication that the ordinance would be considered at the February 18th City Council meeting. Reviewed by Council Committees: Finance, Public Works Other: Legal Councilmember:Osborne Staff:Sweeting Meeting Date:February 18, 2014 Item Number:ORD.B AUBURN * MORE THAN YOU IMAGINEDORD.B Page 61 of 169 - - - - - - - - - - - - - - - - Ordinance No. 6499 February 11, 2014 Page 1 of 4 ORDINANCE NO. 6499 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DECLARING PUBLIC USE AND NECESSITY REGARDING CITY PROJECT CP1119 - AUBURN WAY SOUTH CORRIDOR IMPROVEMENTS, FIR STREET SE TO HEMLOCK STREET SE PROJECT, AND AUTHORIZING CONDEMNATION WHEREAS, the City of Auburn is involved in a project to make certain improvements to Auburn Way South from Fir Street SE to Hemlock Street SE within the City; and, WHEREAS, efforts have been made to obtain property rights which need to be acquired in connection with the project, including having the property appraised and trying to negotiate reasonable amounts of compensation to be paid for the property to be acquired; and, WHEREAS, those efforts have not been successful in securing the acquisition of all of the property necessary for the Project; and, WHEREAS, because of the importance of the Auburn Way South Corridor Improvements Project as a part of the City's infrastructure system, and because the improvements are necessary to complete the project, and because of the importance of the improvements to be made, the property to be acquired is necessary for the project and for completion of the public uses of the project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN as follows: ORD.B Page 62 of 169 - - - - - - - - - - - - - - - - Ordinance No. 6499 February 11, 2014 Page 2 of 4 Section 1. That the properties or portions thereof identified here below are necessary for the Auburn Way South Corridor Improvements – Fir Street SE to Hemlock Street SE, and have a public use in connection with the improvements to be made as a part of the Project. LEGAL DESCRIPTIONS PARCEL NO. 2815000020 (FULL ACQUISITION FOR RIGHT OF WAY) LOT 2, GOAD ADDITION TO AUBURN, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 117 OF PLATS, PAGE 9, IN KING COUNTY, WASHINGTON Property Owners: John T. Tippins or Wells Fargo Financial Washington 1, Inc. Property Address: 3202 Auburn Way South, Auburn, WA 98092 PARCEL NO. 2815000010 (PARTIAL ACQUISITION FOR RIGHT OF WAY) A portion of the below described PARENT PARCEL, lying within the southwest quarter of Section 21, Township 21 North, Range 5 East, W.M., King County, Washington, described as follows: Beginning at the southwest corner of the below described PARENT PARCEL, said point also being on the northerly margin of State Highway No. 5 (Auburn Way South – SR 164); thence along the westerly line of said PARCEL A, North 01°42’02” East, 13.00 feet; thence leaving said westerly line, South 89°02’34” East, 123.66 feet to a point on the easterly line of said PARCEL A; thence along said easterly line, South 01°08’09” West, 13.00 feet to a point on said northerly margin; thence along said northerly margin, North 89°02’34” West, 123.78 feet to the POINT OF BEGINNING, containing 1,608 square feet, more or less. ORD.B Page 63 of 169 - - - - - - - - - - - - - - - - Ordinance No. 6499 February 11, 2014 Page 3 of 4 PARENT PARCEL NO. 2815000010 PARCEL A PARCEL D OF CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-0037-90, AS RECORDED UNDER RECORDING NO. 9102210877, BEING COMPRISED OF LOT 1, GOAD ADDITION TO AUBURN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 117 OF PLATS, PAGE 9, RECORDS OF KING COUNTY, WASHINGTON. TOGETHER WITH A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., RECORDS OF KING COUNTY, WASHINGTON, ADJOINING SAID LOT 1. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Property Owners: Coni S. Orvis Property Address: 3204 Auburn Way South, Auburn, WA 98092 Section 2. That the Mayor or her designees are authorized to commence condemnation action to acquire the above described property. Section 3. That the compensation to be paid to the owners of the property to be acquired by the condemnation action shall be paid from funds budgeted for the project. Section 4. That if any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of this Ordinance or the application of the provision to other persons or circumstances shall not be affected. ORD.B Page 64 of 169 - - - - - - - - - - - - - - - - Ordinance No. 6499 February 11, 2014 Page 4 of 4 Section 5. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: _________________ PASSED: ______________________ APPROVED: ___________________ CITY OF AUBURN ________________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ____________________________ Daniel B. Heid, City Attorney Published: ___________________ ORD.B Page 65 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5043 Date: February 11, 2014 Department: Public Works Attachments: Resolution No. 5043 Exhibit A Vicinity Map Budget Impact: $0 Administrative Recommendation: Public Works Committee recommend that City Council adopt Resolution No. 5043. Background Summary: Resolution No. 5043 authorizes the Mayor to accept a Washington State Department of Ecology grant in the amount of $999,400.00 to finance the design and construction of project CP1320, Maintenance and Operations Storm Drainage Improvement Project. The Maintenance and Operations (M&O) Storm Drainage Improvement project consists of the following improvements at the City’s M&O facility located at 1305 C Street SW: l Abandon the existing onsite storm pond and construct new larger storm ponds onsite. l Reconfigure the existing onsite storm drainage system to route into the new storm ponds. l Install new bioretention cells to capture roof drainage from the M&O buildings. l Modify the existing decant facility bays for improved performance. l Expand the decant facility to create addition bays to allow more material to be decanted. l Possibly pave some of the driving areas that are currently gravel. The federal grant requires a minimum 25% match from local funding sources, which will be contributed by the 430 (Water) fund, 431 (Sewer) fund, and 432 (Storm Drainage) fund to fund for this project. Construction of this project is anticipated to start in Fall 2014 and be complete by late Spring 2015. Reviewed by Council Committees: AUBURN * MORE THAN YOU IMAGINEDRES.A Page 66 of 169 Finance, Public Works Other: Legal Councilmember:Osborne Staff:Wickstrom Meeting Date:February 18, 2014 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 67 of 169 ----------------------------- Resolution No. 5043 February 11, 2014 Page 1 of 4 RESOLUTION NO. 5043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO ACCEPT A WASHINGTON STATE DEPARTMENT OF ECOLOGY GRANT FOR THE MAINTENANCE AND OPERATIONS STORM DRAINAGE IMPROVEMENT PROJECT. WHEREAS, the City desires to better manage the storm drainage at the City’s Maintenance and Operations facility located at 1305 C Street SW; and WHEREAS, the property owner of adjacent parcel (701 15th St SW) located directly to the west of the City’s Maintenance and Operation facility has notified the City that they are currently performing water quality monitoring to fulfill their National Pollution Discharge Elimination System (NPDES) Industrial Water Permit and that they have observed low quality water discharge from the City’s Maintenance and Operations Facility onto their property and have asked the City to reroute stormwater discharge around their site; and WHEREAS, the City desires to improve and expand the existing decant facility located at the City’s Maintenance and Operations facility to allow for improved performance and a larger amount of material to be decanted; and RES.A Page 68 of 169 ----------------------------- Resolution No. 5043 February 11, 2014 Page 2 of 4 WHEREAS, the City applied for and received a grant in the amount of $999,400.00 from the Washington State Department of Ecology to finance the design and construction phases of the Maintenance and Operations Storm Drainage Improvement Project; and WHEREAS, while the Department of Ecology grant requires a minimum 25% match from local funding sources, the City plans to exceed this minimum requirement and has $1,179,641.00 available through the 430 (Water) fund, 431 (Sewer) fund and 432 (Storm Drainage) fund; and WHEREAS, it is in the best interest of the City to leverage City Utility monies to obtain a grant in order to finance storm drainage and decant facility improvements at their Maintenance and Operations facility. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to accept the Washington State Department of Ecology grant for $999,400.00 for the Maintenance and Operation Storm Drainage Improvement project. In addition, the Mayor is hereby authorized to execute a Funding Agreement between the City and the Washington State Department of Ecology in substantial conformity with the agreement attached hereto, marked as Exhibit A and incorporated herein by this reference. Also, the Mayor is hereby authorized to execute RES.A Page 69 of 169 ----------------------------- Resolution No. 5043 February 11, 2014 Page 3 of 4 any further necessary supplemental agreements for the Project, expending up to the total amount of the grant of $999,400.00. 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 _____ day of _________, 2014. CITY OF AUBURN NANCY BACKUS MAYOR RES.A Page 70 of 169 ----------------------------- Resolution No. 5043 February 11, 2014 Page 4 of 4 ATTEST: ______________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _____________________ Daniel B. Heid, City Attorney RES.A Page 71 of 169 i Resolution 5043 Exhibit A February 11, 2014 FY 2012 SUPPLEMENTAL STATEWIDE STORMWATER GRANT PROGRAM FUNDING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF AUBURN GRANT AGREEMENT NUMBER TABLE OF CONTENTS PART I. GENERAL INFORMATION .......................................................................................... 1 PART II. PROJECT SUMMARY .................................................................................................. 3 PART III. PROJECT BUDGET ..................................................................................................... 5 PART IV. PROJECT GOALS AND OUTCOMES ....................................................................... 5 PART V. SCOPE OF WORK ......................................................................................................... 6 PART VI. SPECIAL TERMS AND CONDITIONS .................................................................... 10 PART VII. ALL WRITINGS CONTAINED HEREIN ................................................................ 11 ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS...................................... 12 A. ARCHEOLOGICAL AND CULTURAL RESOURCES.............................................................................................. 12 B. EDUCATION AND OUTREACH ......................................................................................................................... 12 C. EQUIPMENT PURCHASE .................................................................................................................................. 13 D. FUNDING RECOGNITION ................................................................................................................................. 13 E. INCREASED OVERSIGHT ................................................................................................................................. 13 F. INDIRECT RATE .............................................................................................................................................. 13 G. MINORITY AND WOMEN'S BUSINESS PARTICIPATION..................................................................................... 13 H. PAYMENT REQUEST SUBMITTALS .................................................................................................................. 14 I. POST PROJECT ASSESSMENT .......................................................................................................................... 15 J. PROCUREMENT ............................................................................................................................................... 15 K. PROGRESS REPORTS ....................................................................................................................................... 15 L. REQUIRED DOCUMENT SUBMITTALS .............................................................................................................. 15 M. SPECIAL CONDITION FOR SNOHOMISH COUNTY AND KING COUNTY ............................................................ 16 RES.A Page 72 of 169 ii Resolution 5043 Exhibit A February 11, 2014 N. WATER QUALITY MONITORING ..................................................................................................................... 16 ATTACHMENT II: GENERAL TERMS AND CONDITIONS ............................................................ 18 A. RECIPIENT PERFORMANCE ........................................................................................................................... 18 B. SUBGRANTEE/CONTRACTOR COMPLIANCE ............................................................................................. 18 C. THIRD PARTY BENEFICIARY ......................................................................................................................... 18 D. CONTRACTING FOR SERVICES (BIDDING) ................................................................................................. 18 E. ASSIGNMENTS .................................................................................................................................................. 18 F. COMPLIANCE WITH ALL LAWS ..................................................................................................................... 18 G. KICKBACKS....................................................................................................................................................... 18 H. AUDITS AND INSPECTIONS ........................................................................................................................... 19 I. PERFORMANCE REPORTING ........................................................................................................................... 19 J. COMPENSATION ................................................................................................................................................ 19 K. TERMINATION .................................................................................................................................................. 20 L. WAIVER .............................................................................................................................................................. 21 M. PROPERTY RIGHTS ......................................................................................................................................... 21 N. SUSTAINABLE PRODUCTS ............................................................................................................................. 22 O. RECOVERY OF PAYMENTS TO RECIPIENT ................................................................................................. 22 P. PROJECT APPROVAL ........................................................................................................................................ 22 Q. DISPUTES ........................................................................................................................................................... 22 R. CONFLICT OF INTEREST ................................................................................................................................. 22 S. INDEMNIFICATION .......................................................................................................................................... 23 T. GOVERNING LAW ............................................................................................................................................ 23 U. SEVERABILITY ................................................................................................................................................. 23 V. PRECEDENCE .................................................................................................................................................... 23 W. SUSPENSION..................................................................................................................................................... 23 RES.A Page 73 of 169 1 Resolution 5043 Exhibit A February 11, 2014 FY 2012 SUPPLEMENTAL STATEWIDE STORMWATER GRANT PROGRAM Funding Agreement Between THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF AUBURN THIS is a binding agreement between the state of Washington Department of Ecology (DEPARTMENT) and the City of Auburn (RECIPIENT). The purpose of this agreement is to provide funds to the RECIPIENT, who will carry out the requirements described in this agreement. PART I. GENERAL INFORMATION Project Title: Auburn Maintenance and Operations Facility Grant Number: State Fiscal Year: FY 2014 Total Project Cost: $1,899,400 Total Eligible Cost: $1,899,400 DEPARTMENT Share: $999,400 RECIPIENT Share: $900,000 DEPARTMENT Maximum Percentage: 75 % RECIPIENT Information RECIPIENT Name: City of Auburn Mailing Address: 25 W. Main Street Auburn, WA 98001 Fax Number: 253-931-3053 Federal Taxpayer ID Number: 91-6001228 PROJECT Manager: Seth Wickstrom Email Address: swickstrom@auburnwa.gov Phone Number: 253-804-5034 PROJECT Financial Officer: Consuelo Rogel Email Address: CRogel@auburnwa.gov Phone Number: 253-804-5023 RES.A Page 74 of 169 2 Resolution 5043 Exhibit A February 11, 2014 DEPARTMENT Contact Information Project Manager: Melisa Snoeberger Email Address: Melisa.Snoeberger@ecy.wa.gov Phone Number: 425-649-7047 Address: Northwest WA State Department of Ecology Northwest Regional Office 3190 160th Ave SE Bellevue, WA 98008-5452 Fax (425) 649-7098 Central WA State Department of Ecology Central Regional Office 15 West Yakima Ave, Suite 200 Yakima, WA 98902-3452 Fax (509) 575-2809 Southwest WA State Department of Ecology Southwest Regional Office P.O. Box 47775 Olympia, WA 98504-7775 Fax (360) 407-6305 Eastern WA State Department of Ecology Eastern Regional Office N. 4601 Monroe Spokane, WA 99205-1295 Fax (509) 329-3570 Bellingham WA State Department of Ecology Bellingham Field Office 1440 10th Street, Suite 102 Bellingham, WA 98225 Fax (360) 715-5225 Headquarters WA State Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 Fax (360) 407-6426 Project Engineer: Douglas C. Howie, P.E. Email Address: douglas.howie@ecy.wa.gov Phone Number: 360-407-6444 Address: RES.A Page 75 of 169 3 Resolution 5043 Exhibit A February 11, 2014 Northwest WA State Department of Ecology Northwest Regional Office 3190 160th Ave SE Bellevue, WA 98008-5452 Fax (425) 649-7098 Headquarters WA State Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 Fax (360) 407-6426 Financial Manager: Jessica Schwing Email Address: jessica.schwing@ecy.wa.gov Phone Number: 360-407-6216 Fax Number: 360-407-7151 Address: WA State Department of Ecology Water Quality Program, FMS P.O. Box 47600 Olympia, WA 98504-7600 CHECK ALL THAT APPLY: · FY 2012 Supplemental Statewide Stormwater Grant Funds (state funds): Yes Amount: $ 999,400 , Funded with Local Toxics Control Account – State · Increased Oversight? Yes No The effective date of this agreement is the July 1, 2013. This agreement expires: June 30, 2015. Post Project Assessment date – three years after the expiration date of the agreement (see Post Project Assessment in Attachment I): June 30, 2018 PART II. PROJECT SUMMARY This project will address water quality for the state of Washington. This project will improve and expand the City of Auburn’s existing decant facility to help support regional stormwater infrastructure cleaning in Auburn, Algona and Pacific. More frequent cleanings will reduce stormwater pollution, and improve water quality in Mill Creek, Green River and White River. This project will also will treat stormwater generated from the City of Auburn’s Maintenance and Operation facility by constructing stormwater facilities including low-impact design facilities such as cisterns and bio-retention areas. RES.A Page 76 of 169 4 Resolution 5043 Exhibit A February 11, 2014 [Remainder of this page left intentionally blank] RES.A Page 77 of 169 5 Resolution 5043 Exhibit A February 11, 2014 PART III. PROJECT BUDGET Auburn Maintenance & Operations Facility Improvements TASKS/ELEMENTS TOTAL PROJECT COST **TOTAL ELIGIBLE COST (TEC) 1 - Project Administration/Management $20,000 $20,000 2 - Design Plans and Specifications $250,000 $250,000 3 - Construction Management $50,000 $50,000 4 - Construction $1,579,400 $1,579,400 5 – Change Orders $0 $0 Total $1,899,400 $1,899,400 ** The DEPARTMENT's Fiscal Office will track to the Total Eligible Cost. MATCHING REQUIREMENTS DEPARTMENT Share: maximum 75% of TEC $ 999,400 RECIPIENT Share: minimum 25% of TEC Cash Other types of in-kind, such as volunteer work are not eligible $900,000 PART IV. PROJECT GOALS AND OUTCOMES A. Financial Assistance Water Quality Project Goals: The overall goals of this project are focused on the protection of Mill Creek, Green River and White River and include one or more of the following: Stormwater System Retrofit Low Impact Development Best Management Practices (BMP) Designated beneficial uses will be restored or protected, 303(d)-Listed water bodies restored to water quality standards, healthy waters prevented from being degraded. B. Water Quality and Environmental Outcomes: The following are the anticipated water quality and environmental improvements from the project. RES.A Page 78 of 169 6 Resolution 5043 Exhibit A February 11, 2014 1. Reduce pollutant loading to Mill Creek, Green River and White River by removing pollutants from the stormwater system by increasing the yearly volume of solid disposal from the decant facility from an average of 900 cubic yards to 1,260 cubic yards each year. 2. Reduce pollutant loading to Mill Creek by installing Low Impact Development (LID) features and infiltration facilities to treat runoff generated by the 6.2 acre City of Auburn Maintenance and Operation facility. C. Performance Items and Deliverables: The following are the anticipated action items that will play an integral role in implementation of the project. 1. Construct two additional decant bays to increase the capacity of the existing Decant Facility from 900 cubic yards (the 2012/2013 average) to 1,260 cubic yards. 2. Install water quality treatment and flow control features to treat stormwater runoff generated by the Auburn Maintenance and Operation Facility. PART V. SCOPE OF WORK Task 1 - Project Administration/Management A. The RECIPIENT will administer the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation, progress reports and recipient closeout report (including photos); compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. B. The RECIPIENT must manage the project. Efforts will include: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; the DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT must carry out this project in accordance with any completion dates outlined in this agreement. Required Performance: 1. Administer and manage the project and records. 2. Submit all required requests for reimbursement and corresponding backup documentation, progress reports, 2-page Project Outcomes Summary, recipient Final Report and performance items, in a timely manner. Task 2 – Design Plans and Specifications RES.A Page 79 of 169 7 Resolution 5043 Exhibit A February 11, 2014 A. The RECIPIENT will submit to the DEPARTMENT’s Project Manager, a copy of the State Environmental Review Act (SEPA) Lead Agency’s signed and dated SEPA determination. B. During the planning and design stage and prior to any ground disturbing activities, the RECIPIENT will submit to the DEPARTMENT’s Project Manager one of the following: a. If Cultural Resources Review (Executive Order 05-05) is complete, a copy of the letter of concurrence from the Department of Archaeology and Historic Preservation (DAHP) and correspondence from any tribes. b. If Cultural Resources Review (Executive Order 05-05) is not complete, the RECIPIENT will submit a DAHP EZ-1 form to the DEPARTMENT’s Project Manager to initiate review of project activities by DAHP and tribal governments. C. The RECIPIENT will submit two hard copies and one digital copy of the Pre-design report to the DEPARTMENT for review. At its discretion, the DEPARTMENT may request 60 percent complete design plans for review. Based on receipt of the Pre-design report or the 60 percent complete design plans, the DEPARTMENT will provide comments to the RECIPIENT within 45 days of receipt of the plans. The RECIPIENT agrees to respond to the DEPARTMENT’s comments prior to project construction. The DEPARTMENT reserves the right to refuse payment for project elements that are inconsistent with the appropriate design criteria and grant requirements. D. Prior to advertising for contractor bids, the RECIPIENT will submit two hard copies and one digital copy of the final plans and specifications to the DEPARTMENT's Project Manager for review. The DEPARTMENT will provide comments to the RECIPIENT within 45 days of receipt of the plans. The DEPARTMENT’s Project Manager will work with the DEPARTMENT’s engineer to review the plans and specifications for consistency with the appropriate design criteria and grant requirements. The RECIPIENT must justify significant deviations from the following: 1. The appropriate guidance manual below depends on the region that your project is conducted: Stormwater Management Manual for Western Washington (SWMMWW), or the http://www.ecy.wa.gov/programs/wq/stormwater/tech.html, or the Low Impact Development Technical Guidance Manual for Puget Sound found at: http://www.psp.wa.gov/downloads/LID/LID_manual2005.pdf, or equivalent design manuals. 2. Equivalent manual as developed by the local jurisdiction and approved by the DEPARTMENT. 3. Good engineering practices and generally recognized engineering standards. 4. The project pre-design report. E. The plans, specifications, construction contract documents, and addenda must be approved by the RECIPIENT prior to submittal to the DEPARTMENT. RES.A Page 80 of 169 8 Resolution 5043 Exhibit A February 11, 2014 F. The RECIPIENT will prepare and submit a projected construction schedule to the DEPARTMENT. G. The RECIPIENT will submit to the DEPARTMENT a current, updated construction cost estimate and updated project schedule, along with each plans and specifications submittal. H. The RECIPIENT will submit all pre-design figures and construction plans to the DEPARTMENT, reduced to 11" x 17" in size. The RECIPIENT may bind them with the specifications or related construction contract documents or bound as a separate document. All reduced drawings must be legible. Required Performance: 1. Submit a copy of the signed and dated SEPA determination to the DEPARTMENT. 2. Submit a copy of either: 1) Letter of Concurrence from DAHP; or, 2) the DAHP EZ-1 form, for DEPARTMENT coordination on compliance with Executive Order 05-05. 3. Submit a Pre-design report to the DEPARTMENT. 4. Submit final plans and specifications to the DEPARTMENT, which includes the DEPARTMENT’s Bid Specification Clauses inserts found at: http://www.ecy.wa.gov/programs/wq/funding/GrantLoanMgmtDocs/Eng/GrantLoanMgmtEngRes.html Task 3 – Construction Management A. The RECIPIENT will provide construction oversight and management of the project. B. The RECIPIENT will submit a detailed construction quality assurance plan to the DEPARTMENT before the start of construction. This plan must describe how adequate and competent construction oversight will be performed. C. The RECIPIENT will submit a construction schedule to the DEPARTMENT within 30 days of the start of construction. The construction schedule will be revised and/or updated whenever major changes occur and at a minimum of every three months. The RECIPIENT will submit the construction schedule to the DEPARTMENT with the quarterly report. When changes in the construction schedule affect previous cash flow estimates, revised cash flow projections must also be submitted to the DEPARTMENT. RES.A Page 81 of 169 9 Resolution 5043 Exhibit A February 11, 2014 D. Prior to execution, the RECIPIENT will submit eligible change orders that are a significant deviation from the DEPARTMENT reviewed plans and specifications in writing for DEPARTMENT review and approval for payment. All other change orders must be approved by the DEPARTMENT for technical merit and should be submitted within 30 days after execution. Change orders are to be signed by the contractor, the engineer (if appropriate), and the RECIPIENT prior to submittal to the DEPARTMENT for approval. E. The RECIPIENT will maintain the constructed facility for the design life of the facility. Additionally, the RECIPIENT will develop and submit an operations and maintenance plan for the stormwater treatment and low impact development (LID) features. The operation and maintenance plan will describe how the RECIPIENT will ensure project success consistent with the design manual used. The operation and maintenance plan must also address long term activities to assure ongoing pollutant removal and flow- control capability of the project. (See the Stormwater Management Manual for Western Washington Volume 5, Section 4.6.) F. Upon completion of construction, the RECIPIENT will provide to the DEPARTMENT’s Project Manager a Stormwater Construction Completion Form signed by a professional engineer, indicating that the project was completed in accordance with the plans and specifications and major change orders approved by the DEPARTMENT’s Project Engineer and shown on the Record Drawings. The Stormwater Construction Completion form can be found at: http://www.ecy.wa.gov/programs/wq/funding/GrantLoanMgmtDocs/Eng/GrantLoanMgmtEngRes.html Required Performance: 1. Submit the project construction quality assurance plan to the DEPARTMENT. 2. Submit the construction schedule to the DEPARTMENT. 3. Submit an Operations and Maintenance plan to the DEPARTMENT. 4. Submit the signed and dated Stormwater Construction Completion Form to the DEPARTMENT. Task 4 – Construction A. The RECIPIENT will, in accordance with the DEPARTMENT reviewed plans and specifications, construct decant facilities, stormwater treatment at the Auburn Maintenance and Operations Facility. B. The RECIPIENT will submit to the DEPARTMENT’s Project Manager a copy of the construction contract within 30 days of execution. Required Performance: 1. Submit a copy of the bid documents (e.g. bid announcement, bid award, bid tabulations) to the DEPARTMENT. 2. Submit a copy of the construction contract to the DEPARTMENT. 3. Construct decant and stormwater treatment facilities. RES.A Page 82 of 169 10 Resolution 5043 Exhibit A February 11, 2014 Task 5 – Change Orders A. The RECIPIENT will negotiate all change orders to the construction contract necessary for successful completion of the PROJECT. B. The RECIPIENT will submit the change orders to the DEPARTMENT for approval. Required Performance: 1. Submittal of all change orders. Changes to the construction contract must be approved prior to reimbursement for work performed under this task. PART VI. SPECIAL TERMS AND CONDITIONS A. Adjusted Construction Budget. The construction budget, as reflected in the agreement, will be adjusted once actual construction bids are received. If the low responsive responsible construction bid(s) exceed the engineer’s estimate of construction costs, the DEPARTMENT may approve, if funding is available and through formal amendment to this agreement, funding increases for up to ten percent of the engineer’s original estimate. If the low responsive responsible construction bid(s) come in lower than the engineer’s estimate of construction costs, the DEPARTMENT may reduce the grant amount. B. Change Orders. If funding is available, the DEPARTMENT may approve, through formal amendment to this agreement, funding for change orders for up to five percent of the eligible portion of the low responsive responsible construction bid(s). C. Documents for Review. The plans, specifications, construction contract documents, and addenda must be approved by the RECIPIENT prior to submittal for DEPARTMENT review. D. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project within four months of the signatory date, the DEPARTMENT reserves the right to terminate this agreement. E. Use of Force Account. In the event the RECIPIENT elects to use its own forces to accomplish eligible project work, the RECIPIENT acknowledges that it has the legal authority to perform the work and adequate and technically qualified staff to perform the work without compromising other government functions. The RECIPIENT must track and report the force account work submitted to the DEPARTMENT for reimbursement. RES.A Page 83 of 169 11 Resolution 5043 Exhibit A February 11, 2014 PART VII. ALL WRITINGS CONTAINED HEREIN The following contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein: · This agreement. · Attachment I: General Project Management Requirements. · Attachment II: General Terms and Conditions. · The effective edition, at the signing of this agreement, of the DEPARTMENT's “Administrative Requirements for Recipients of Ecology Grants and Loans” (Yellow Book). · The associated funding guidelines that correspond to the fiscal year in which the project is funded. · The applicable statutes and regulations. No subsequent modifications or amendments of this agreement will be of any force or effect unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT and made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may redistribute the grant budget. The DEPARTMENT or the RECIPIENT may change their respective staff contacts without the concurrence of either party. The RECIPIENT acknowledges that they have had the opportunity to thoroughly review the terms of this agreement, the attachments, all incorporated or referenced documents, as well as all applicable statutes, rules, and guidelines mentioned in this agreement. IN WITNESS WHEREOF, the parties hereby sign this agreement: STATE OF WASHINGTON CITY OF AUBURN DEPARTMENT OF ECOLOGY _____________________________________ ___________________________________ DONALD A. SEEBERGER DATE NANCY BACKUS DATE WATER QUALITY MAYOR ACTING PROGRAM MANAGER Approved As To Form: Office of the Attorney General RES.A Page 84 of 169 12 Resolution 5043 Exhibit A February 11, 2014 ATTACHMENT I: General Project Management Requirements for the FY 2012 Supplemental Statewide Stormwater Grant Program Funding Agreement A. ARCHEOLOGICAL AND CULTURAL RESOURCES RECIPIENT must comply with all requirements listed in Executive Order 05-05 prior to implementing any project that involves soil disturbing activity. RECIPIENT must conduct and submit a cultural resources survey or complete and submit an EZ-1 Form to the DEPARTMENT’s project manager prior to any soil disturbing activities. The DEPARTMENT will contact the Department of Archaeology and Historic Preservation (DAHP) and affected tribes regarding the proposed project activities in order to meet Executive Order 05-05 requirements. Any prior communication between the RECIPIENT, the DAHP, and the tribes is not sufficient to meet requirements. Any mitigation measures as an outcome of this process will be requirements of this agreement. Any soil disturbing activities that occur prior to the completion of the Executive Order 05- 05 process will not be eligible for reimbursement. Activities associated with cultural resources review are grant eligible and reimbursable. The Department of Archaeology and Historic Preservation has provided guidance that can be accessed online at: http://www.dahp.wa.gov/pages/Documents/EnvironmentalReview.htm and http://www.dahp.wa.gov/pages/EnvironmentalReview/documents/eo0505Guidance_000.pdf. B. EDUCATION AND OUTREACH RECIPIENT must do a regional search for existing materials before producing any new educational flyers or pamphlets. The RECIPIENT must request the use of those materials before time and resources are invested to duplicate materials that are already available. RECIPIENT must also check the Washington Waters website http://www.ecy.wa.gov/washington_waters/index.html for useful educational materials. These materials are available for public use and can be downloaded directly from the website. RECIPIENT must provide the DEPARTMENT up to two copies and an electronic copy on a CD-ROM of any tangible educational products developed under this grant, such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, and media announcements or gadgets, such as a refrigerator magnet with a message. If this is not practical, the RECIPIENT must provide a complete description including drawings, photographs, or printouts of the product. RECIPIENT must also supply the DEPARTMENT with the names and contact information of local project leads. RES.A Page 85 of 169 13 Resolution 5043 Exhibit A February 11, 2014 If there are a significant number of people in the community that speak languages other than English, then the RECIPIENT must produce all public outreach materials, pamphlets, fliers, meeting notices, reports, and other educational materials in English and in the other prevalent language. C. EQUIPMENT PURCHASE RECIPIENT must get written, prior approval from the DEPARTMENT for any equipment purchase. D. FUNDING RECOGNITION RECIPIENT must inform the public about DEPARTMENT funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available from the DEPARTMENT upon request. E. INCREASED OVERSIGHT If this project is selected for increased oversight, the RECIPIENT must submit all backup documentation with each payment request submittal. In addition, the DEPARTMENT’s Project Manager must establish a schedule for additional site visits to provide technical assistance to the RECIPIENT and verify progress or payment information. F. INDIRECT RATE To acknowledge overhead costs, the RECIPIENT may charge an indirect rate of up to 25 percent based on employees’ direct salary and benefit costs incurred while conducting project-related work. The DEPARTMENT’s Financial Manager may require a list of items included in the indirect rate at any time. G. MINORITY AND WOMEN'S BUSINESS PARTICIPATION RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: a) Include qualified minority and women's businesses on solicitation lists. b) Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. RES.A Page 86 of 169 14 Resolution 5043 Exhibit A February 11, 2014 c) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. d) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e) Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. RECIPIENT must report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. Please include the following information: a) Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub-and/or sub-subcontractors. b) The total dollar amount paid to qualified firms under this invoice. H. PAYMENT REQUEST SUBMITTALS Payment Request Submittals. The DEPARTMENT’s Project/Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. Payment Schedule. Payments will be made on a cost-reimbursable basis. Frequency. The RECIPIENT must submit payment requests at least quarterly but no more often than monthly, unless allowed by the DEPARTMENT’s Financial Manager. Supporting Documentation. The RECIPIENT must submit all payment request vouchers and supportive documentation to the DEPARTMENT’s Financial Manager. Payment request voucher submittals are based on match requirements found in the budget. Reporting Eligible Costs. The RECIPIENT must report all eligible costs incurred on the project, regardless of the source of funding for those costs. This includes costs used as match. All eligible and ineligible project costs must be separate and identifiable. Copies of all applicable forms must be included with an original A19-1A, and must be submitted to the DEPARTMENT. Blank forms are found in Administrative Requirements for Recipients of Ecology Grants and Loans at http://www.ecy.wa.gov/biblio/9118.html. Required Forms: Where Eligible Costs Have Incurred: Form A19-1A (original signature) Form E (ECY 060-12) Form B2 (ECY 060-7) Form F (ECY 060-13) Form C2 (ECY 060-9) Form G (ECY 060-14) Form D (ECY 060-11) Form H (F-21) Form I (ECY 060-15) RES.A Page 87 of 169 15 Resolution 5043 Exhibit A February 11, 2014 I. POST PROJECT ASSESSMENT RECIPIENT agrees to submit a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project three years after project completion. DEPARTMENT’s Water Quality Program Performance Measures Lead will contact the RECIPIENT before the Post Project Assessment date to request this data. DEPARTMENT may also conduct site interviews and inspections, and may otherwise evaluate the Project, as part of this assessment. J. PROCUREMENT RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. Eligible and ineligible project costs are separate and identifiable for billing purposes. If professional services are contracted, the RECIPIENT will submit a copy of the final contract to the DEPARTMENT’s Project/Financial Manager. K. PROGRESS REPORTS RECIPIENT must submit quarterly progress reports to the DEPARTMENT’s Financial Manager and Project Manager. Payment requests will not be processed without a progress report. Report Content. At a minimum, all progress reports must contain a comparison of actual accomplishments to the objectives established for the period, the reasons for delay if established objectives were not met, analysis and explanation of any cost overruns, and any additional pertinent information specified in this agreement. The RECIPIENT must also attach all landowner agreements signed during the respective quarter to each progress report. Reporting Periods. Quarterly progress reports are due 15 days following the end of the quarter: · January 1 through March 31 · April 1 through June 30 · July 1 through September 30 · October 1 through December 31 L. REQUIRED DOCUMENT SUBMITTALS RECIPIENT must submit the following documents to the DEPARTMENT as requested by the DEPARTMENT’s Project Manager or Financial Manager: · Draft project completion report – 1 copy. · Electronic copy of final project completion report – 1 copy. · Final project completion report – 1 copy. RES.A Page 88 of 169 16 Resolution 5043 Exhibit A February 11, 2014 · Educational products developed under this agreement – up to 2 copies. · Documents that require DEPARTMENT Approval – 2 copies (one for the DEPARTMENT and one for the RECIPIENT). · Interlocal agreements – 1 copy for the DEPARTMENT’s Project/Financial Manager. · Professional services procurement agreements – 1 copy to the DEPARTMENT’s Project/Financial Manager. M. SPECIAL CONDITION FOR SNOHOMISH COUNTY AND KING COUNTY For either Snohomish County or King County: When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein will be contingent upon appropriation of funds by the RECIPIENT's governing body; provided that nothing contained herein will preclude the DEPARTMENT from demanding repayment of funds paid to the RECIPIENT in accordance with Section O of the appended General Terms and Conditions. N. WATER QUALITY MONITORING Quality Assurance Project Plan (QAPP). Prior to initiating water quality monitoring activities, the RECIPIENT must prepare a Quality Assurance Project Plan (QAPP). The QAPP must follow Ecology’s Guidelines and Specifications for Preparing Quality Assurance Project Plans for Environmental Studies, February 2001 (Ecology Publication No. 01-03- 003). The applicant may also reference the Technical Guidance for Assessing the Quality of Aquatic Environments, revised February 1994 (Ecology Publication No. 91-78) or more current revision, in developing the QAPP. RECIPIENT must submit the QAPP to the DEPARTMENT’s project manager for review, comment, and must be approved before starting the environmental monitoring activities. RECIPIENT must use an environmental laboratory accredited by the DEPARTMENT to analyze water samples for all parameters to be analyzed that require bench testing. Information on currently accredited laboratories and the accreditation process is provided on the Department of Ecology’s Environmental Assessment Program’s website, available at: http://www.ecy.wa.gov/programs/eap/labs/search.html RECIPIENT should manage all monitoring data collected or acquired under this agreement in order to be available to secondary users and meet the “ten-year rule.” The ten-year rule means that data documentation is sufficient to allow an individual not directly familiar with the specific monitoring effort to understand the purpose of the data set, methods used, results obtained, and quality assurance measures taken ten years after data are collected. Monitoring Data Submittal / Environmental Information Management System. Funding recipients that collect water quality monitoring data must submit all data to the RES.A Page 89 of 169 17 Resolution 5043 Exhibit A February 11, 2014 DEPARTMENT through the Environmental Information Management System (EIM). Data must be submitted by following instructions on the EIM website, currently available at: http://www.ecy.wa.gov/eim The data submittal portion of the EIM website provides information and help on formats and requirements for submitting tabular data. Specific questions about data submittal can be directed to the EIM Data Coordinator, currently available at: eim_data_coordinator@ecy.wa.gov If GIS data is collected, the DEPARTMENT’s data standards are encouraged. An Ecology Focus Sheet entitled GIS Data and Ecology Grants (Publication No. 98-1812-SEA) outlines the standards. Common standards must be used for infrastructure details, such as geographic names, Geographic Information System (GIS) coverage, list of methods, and reference tables. RES.A Page 90 of 169 18 Resolution 5043 Exhibit A February 11, 2014 ATTACHMENT II: General Terms And Conditions Pertaining To Grant And Loan Agreements Of The Department Of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement’s final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally-funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. RES.A Page 91 of 169 19 Resolution 5043 Exhibit A February 11, 2014 H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT’S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for RECIPIENTS of Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. RES.A Page 92 of 169 20 Resolution 5043 Exhibit A February 11, 2014 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five (45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.5. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds there under and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; provided, however, that nothing contained herein shall preclude RES.A Page 93 of 169 21 Resolution 5043 Exhibit A February 11, 2014 the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior RES.A Page 94 of 169 22 Resolution 5043 Exhibit A February 11, 2014 written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g., recycled paper). For more information, see http://www.ecy.wa.gov/sustainability/. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision RES.A Page 95 of 169 23 Resolution 5043 Exhibit A February 11, 2014 which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (e) the General Terms and Conditions. W. SUSPENSION The obligation of DEPARTMENT to make payments is contingent on the availability of funds. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this agreement, DEPARTMENT may elect to renegotiate the agreement subject to new funding limitations and conditions or terminate the agreement, in whole or part. DEPARTMENT may also elect to suspend performance of the agreement until such time as DEPARTMENT determines that the funding insufficiency is resolved in lieu of terminating the agreement. DEPARTMENT will provide written notice to RECIPIENT if funding is not available. SS-010 Rev. 04/04 RES.A Page 96 of 169 RES.A Pa g e 9 7 o f 1 6 9 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5033 Date: February 12, 2014 Department: Public Works Attachments: Resolution No. 5033 Exhibit 1 - Lease Agreement Exhibit A Exhibit B Exhibit C Budget Impact: $0 Administrative Recommendation: Public Works Committee recommends that City Council adopt Resolution No. 5033. Background Summary: Resolution No. 5033 authorizes the Mayor to execute an agreement with ValleyComm regarding installation of radio equipment at Water Utility Reservoir #5 located at 1326 57th Drive SE, Auburn, WA . In the interest of protecting public safety by allowing work to begin as soon as possible installing the equipment, ValleyComm and the Mayor Backus agreed to sign the agreement subject to City Council ratification of the terms. ValleyComm wants to improve communications with emergency first responders in the south Green River Valley area. To do this ValleyComm would like to install VHF radio paging equipment at the Reservoir #5 Site. The equipment would consist of antenna, cabling, equipment cabinet with radio, and emergency power i.e. generator system. ValleyComm would be responsible for installing, operating, and maintaining the equipment. The City would be responsible for providing ValleyComm site access. Reviewed by Council Committees: Finance, Public Works Councilmember:Osborne Staff:Repp Meeting Date:February 18, 2014 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B Page 98 of 169 ------------------------------ Resolution No. 5033 February 12, 2014 Page 1 of 2 RESOLUTION NO. 5 0 3 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF AUBURN AND VALLEY COMMUNICATIONS CENTER AND RATIFYING AND CONFIRMING PRIOR ACTS WHEREAS, the City of Auburn owns real property commonly known as Water Reservoir 5 located in Auburn, Washington; and WHEREAS, the Valley Communications Center (“ValleyCom”) desires to lease a portion of the existing structures located on the property for an amount that is acceptable to the City; and, WHEREAS, because of ValleyCom’s operational requirements, the City administration granted them early access to the site in order to install and begin operating the communications equipment NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is hereby authorized to execute a Lease Agreement between the City of Auburn and Valley Communications Center, which lease shall be in substantial conformity with the Lease Agreement attached hereto as Exhibit “1” 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. RES.B Page 99 of 169 ------------------------------ Resolution No. 5033 February 12, 2014 Page 2 of 2 Section 3. All prior acts consistent with the intent of this resolution are hereby ratified and confirmed. Section 4. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this _____ day of _________________, 2014 CITY OF AUBURN _______________________________ NANCY BACKUS, MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney RES.B Page 100 of 169 RE S . B Pa g e 1 0 1 o f 1 6 9 RE S . B Pa g e 1 0 2 o f 1 6 9 RE S . B Pa g e 1 0 3 o f 1 6 9 RE S . B Pa g e 1 0 4 o f 1 6 9 RE S . B Pa g e 1 0 5 o f 1 6 9 RE S . B Pa g e 1 0 6 o f 1 6 9 RE S . B Pa g e 1 0 7 o f 1 6 9 RE S . B Pa g e 1 0 8 o f 1 6 9 RE S . B Pa g e 1 0 9 o f 1 6 9 BOOSTER PUMP STATION RESERVOIR #5 EXHIBIT A RESERVOIR #5 PARCELS SCALE: 1" = 30'RES.B Page 110 of 169 BO O S T E R PU M P ST A T I O N RE S E R V O I R #5EX H I B I T B EQ U I P M E N T L A Y O U T SC A L E : 1 " = 2 0 ' RES.BPage 111 of 169 A NATIONALLY ACCREDITED COMMUNICATIONS CENTER PHONE: 253.372.1300 • FAX:253.372.1305 • WWW.VALLEYCOM.ORG • 27519 108TH AVE SE KENT, WA 98030 EXHIBIT C VALLEY COMMUNICATIONS CENTER EQUIPMENT VHF Paging Equipment: The equipment will be installed in an outdoor cabinet secured to a 5’ x 5’ cement pad and located next to the existing radio equipment per Exhibit B. The outdoor cabinet measures 30”W x 30”D x 84”H. See Spec sheet below for more details. VHF Antenna: The Antenna will be of a similar style to a Sinclair SD212 and will be mounted on the outside tank railing per Exhibit B. 7/8” coaxial cable will be connected to the antenna and routed along the tank railing and down the side of the tank utilizing the existing cable tray and connected to the paging equipment. See antenna Spec sheet below for more details. Generator and Tank: The EATON EGENX17 17KW generator and tank will be mounted on a 5’ x 10’ cement pad with an auto transfer switch. The generator fuel source will be either Diesel or Propane. The generator type and configuration may change depending on permitting. See Generator Spec sheet below for more details. Utilities: T1 circuit will be installed in the existing outdoor enclosure that is mounted on the tank. The existing breaker panel in the same outdoor enclosure will be upgraded to accommodate two 120vac 20 amp circuits. Separate conduit will be installed between the enclosure and paging cabinet. RES.B Page 112 of 169 Antennas Low Band, Aviation, and VHF Antennas SD212 Series SD212-SF2P4SNM(D00)2 dipole, 5.5 dBd, offset, 138-174 MHz • Covers the entire 138-174 MHz frequency range • 5.5 dBd gain with offset pattern • 300 Watt power handling • Can be top or side mounted (Universal mount) Recommend SMK-125-A3 or SMK-125-A7 for Offset Side Mount. Available from Sinclair separately. The SD212 series is a 2-bay exposed dipole antenna designed for applications where moderate gain is required. These premium-quality antennas are well suited to public safety applications. The design of these antennas provides for coverage from 118 to 225 MHz in 3 sub bands, 118-138 MHz for civil aviation applications, 138-174 MHz for private mobile networks, and public safety, and 220-225 MHz for transportation networks. The standard connector offered is N male which is terminated on a 1 foot cable. Region United States Europe, Middle East and Africa Caribbean and Latin America Canada and rest of the world Telephone USA: 1 800 263 3275 International: +44 (0) 1487 84 28 19 International: +1 905 726 7676 Canada: 1 800 263 3275 International: +1 905 727 0165 E-mail salesusa@sinctech.com salesuk@sinctech.com salesla@sinctech.com salescan@sinctech.com Product Specification Sheet SD212-SF2P4SNM(D00)Issue: 7 Dated: 27-02-12 EPR 016861 Dated: 08-08-11 Customer Tech Manual 005130 Sinclair’s commitment to product leadership may result in improvement or change to this product Copyright © Sinclair Technologies Page 1/2 ww w . s i n c t e c h . c o m RES.B Page 113 of 169 Antennas Low Band, Aviation, and VHF Antennas SD212 Series Electrical Specifications Frequency Range MHz 138 to 174 Bandwidth MHz 36 Connector N-Male Gain (nominal)dBd (dBi)5.5 (7.6) Input VSWR (max)1.5:1 Polarization vertical Impedance Ω 50 Pattern Offset Horizontal beamwidth (typ)degrees 210 Vertical beamwidth (typ)degrees 34 Average Power Input (max)W 300 Lightning protection DC ground Electrical tilt (available)0,2,4,6,8, or 10 degrees Mechanical Specifications Depth in (mm)2.5 (64) Length/ Height in (mm)120 (3048) Width in (mm)23 (584) Base pipe diameter in (mm)1.9 (48) Base pipe mounting length in (mm)36 (914) Radiating element material aluminum Base pipe material aluminum Weight lbs (kg)20 (9.08) Weight iced lbs (kg)46 (20.88) Mounting Hardware (Optional)Clamp005, Clamp015, or Clamp130 Actual Shipping weight lbs (kg)34 (15.44) Shipping dimensions in (mm)124x26x6 (3150x660x152) Mounting configurations Universal Mount Recommended For Offset Side Mount:SMK-125-A3 or SMK-125-A7 Environmental Specifications Temperature range °F (°C)-40 to +140 (-40 to +60) Wind Loading Area (Flat Plate Equivalent)ft² (m²)1.83 (0.17) Wind Loading Area (1/2" ice)ft² (m²)3.25 (0.3)*1 Rated wind velocity (no ice)mph (km/h)145 (233) Rated wind velocity (1/2" radial ice)mph (km/h)110 (177) Lateral thrust (100 mph No Ice)lbs (N)68 (302.5)*2 Torsional moment (100 mph No Ice)ft-lbs (Nm)34 (45.9)*3 Bending moment (100 mph No Ice)ft-lbs (Nm)218 (294.3)*4 Tip deflection (100 mph No Ice)degrees 0.88 *5 Ordering Information Clamps must be ordered separately. *1 : 0.5" radial ice *2 : Value based on 100 mph with 0" ice *3 : Value based on 100 mph with 0" ice *4 : Value based on 100 mph with 0" ice *5 : Value based on 100 mph with 0" ice Notes Region United States Europe, Middle East and Africa Caribbean and Latin America Canada and rest of the world Telephone USA: 1 800 263 3275 International: +44 (0) 1487 84 28 19 International: +1 905 726 7676 Canada: 1 800 263 3275 International: +1 905 727 0165 E-mail salesusa@sinctech.com salesuk@sinctech.com salesla@sinctech.com salescan@sinctech.com Product Specification Sheet SD212-SF2P4SNM(D00)Issue: 7 Dated: 27-02-12 EPR 016861 Dated: 08-08-11 Customer Tech Manual 005130 Sinclair’s commitment to product leadership may result in improvement or change to this product Copyright © Sinclair Technologies Page 2/2 ww w . s i n c t e c h . c o m RES.B Page 114 of 169 Effective August 2009 EGEN17 EGEN17ATechnical Data TD00405003E Standby Generators Air Cooled 17kW Features: • True Power® Electrical Technology • Two Line LCD Digital Controller • Electronic Governor • External Main Circuit Breaker, System Status & Maintenance Interval LED’s and GFCI Duplex Outlet • Flexible Fuel Line Connector • Composite Mounting Pad • Natural Gas or LP Gas Operation • UL 2200 Listed Benefits: • Total commitment to component testing, reliability, environmental, destruction and life, plus testing to applicable CSA, NEMA, EGSA, and other standards. • True Power® Electrical Technology: Superior harmonics and sine wave form produce less than 5% Total Harmonic Distortion for utility quality power. This allows confident operation of sensitive electronic equipment and micro-chip based appliances, such as variable speed HVAC. • Test Criteria: • Prototype Tested Nema Mg1-22 Evaluation • System Torsional Tested • Motor Starting Ability • Solid-state, frequency compensated voltage regulation. This state-of-the-art power maximizing regulation system is standard on all Eaton models. It provides optimized fast response to changing load conditions and maxi- mum motor starting capability by electronically torque-matching the surge loads to the engine. • Single source service response from the industry’s best dealer network provides parts and service know-how for the entire unit. Gas Engine Generator Sets Continuous Standby Power Rating: • EGEN17 (Steel) - 17 kW 60Hz • EGEN17A (Aluminum) - 17 kW 60Hz RES.B Page 115 of 169 Table 1. Features Features Benefits Engine • OHVI Design • ”Spiny-lok” cast iron cylinder walls Electronic ignition/spark advance • Full pressure lubrication system • Low oil pressure shutdown system • High temperature shutdown • Maximizes engine “breathing” for increased fuel efficiency. Plateau honed cylinder walls and plasma moly rings help engine run cooler, reducing oil consumption. Because heat is the primary cause of engine wear, the OHVI has a significantly longer life than competitive engines. • Rigid construction and added durability provide long engine life. • These features combine to assure smooth, quick starting every time. • Superior lubrication to all vital bearings means better performance, less maintenance and significantly longer engine life. Now featuring a 2 year/200 hour oil change interval. • Superior shutdown protection prevents catastrophic engine damage due to low oil. • Prevents damage due to overheating. Generator • Revolving field • Skewed stator • Displaced phase excitation • Automatic voltage regulation • UL 2200 Listed • Allows for smaller, light weight unit that operates 25% more efficiently than a revolving armature generator. • Produces a smooth output waveform for compatibility with electronic equipment. • Maximizes motor starting capability. • Regulates the output voltage to ±2% prevents damaging voltage spikes. • For your safety Transfer Switch Sold Separately Controls • Manual/Auto/Off switch • Utility voltage sensing • Utility interrupt delay • Engine warm-up • Engine cool-down • Seven day exerciser • Timed Trickle Battery charger • Main Line Circuit Breaker • Electronic governor • Selects the operating mode. • Constantly monitors utility voltage, setpoints 65% dropout, 75% pick-up, of standard voltage. • Prevents nuisance start-ups of the engine, adjustable 10-30 seconds. • Ensures engine is ready to assume the load, setpoint approximately 10 seconds. • Allows engine to cool prior to shutdown, setpoint approximately 1 minute. • Operates engine to prevent oil seal drying and damage between power outages. • Maintains battery charge level to insure starting. • Protects generator from overload. • Maintains constant 60 Hz frequency. Unit • Weather protective enclosure • Enclosed critical grade muffler • Small, compact, attractive • Ensures protection against mother nature. Hinged key locking roof panel for security. Lift-out front for easy access to all routine maintenance items. Electrostatically applied textured epoxy paint for added durability. EGEN17A has aluminum enclosure. • Quiet, critical grade muffler is mounted inside the unit to prevent injuries. • Makes for an easy, eye appealing installation. Installation System • 1’ Flexible Fuel Line Connector • Composite Mounting Pad • Easy Installation 2 Technical Data TD00405003E Effective August 2009 Standby Generators EATON CORPORATION www.eaton.com RES.B Page 116 of 169 Table 2. Specifications Generator EGEN17 EGEN17A Rated Maximum Continuous Power Capacity (LP)17,000 Watts* Rated Maximum Continuous Power Capacity (NG) 16,000 Watts* Rated Voltage 120/240 Rated Maximum Continuous Load Current 240 Volts 70.8 LP/66.6 NG Total Harmonic Distortion Less than 5% Main Line Circuit Breaker 65 Amp Phase 1 Number of Rotor Poles 2 Rated AC Frequency 60Hz Power Factor 1 Battery Requirement (not included)Group 26R, 12 Volts & 525 Cold-cranking Amps Min. Unit Weight 455 Pounds 421 Pounds Dimensions (L” x W” x H”)48 x 25 x 29 Sound output in dB(A) at 23 ft. with generator operating at normal load 66 Sound output in dB(A) at 23 ft. with generator in Quiet-Test™ low speed exercise mode 60 Engine Type of Engine OHVI V-TWIN Number of Cylinders 2 Rated Horsepower 32 @ 3,600 rpm Displacement 992cc Cylinder Block Aluminum w/ Cast Iron Slv. Valve Arrangement Overhead Valve Ignition System Solid-state w/ Magneto Governor System Electronic Compression Ratio 9.5:1 Starter 12 Vdc Oil Capacity Including Filter Approx. 1.9 Qts. Operating RPM 3,600 Fuel Consumption Natural Gas cu.ft./hr: 1/2 Load / Full Load Liquid Propane ft3/hr (gal/hr): 1/2 Load / Full Load 183 / 261 59 (1.61) / 94 (2.57) Required fuel pressure to generator fuel inlet at all load ranges - 5 to 7 inches of water column for natural gas, 10 to 12 inches of water column for LP gas Controls 2-Line Plain Text LCD Display Simple user interface for ease of operation Mode Switch -Auto -Off -Manual/Test (start) Automatic Start on Utility failure. 7 day exerciser Stops unit. Power is removed. Control and charger still operate Start with starter control, unit stays on. If utility fails, transfer to load takes place Engine Start Sequence Cyclic cranking: 16 sec. on, 7 rest (90 sec. maximum duration) Engine Warm-up 10 seconds Engine Cool-Down 1 minute Starter Lock-out Starter cannot re-engage until 5 sec. after engine has stopped 2.5 Amp Timed Trickle Battery Charger Standard Automatic Voltage Regulator w/Overvoltage Protection Standard Automatic Low Oil Pressure Shutdown Standard Overspeed Shutdown Standard / 72Hz Overcrank Protection Standard Safety Fuse Standard All ratings in accordance with BS5514, ISO3046 and DIN6271. * Maximum wattage & current are subject to & limited by such factors as fuel Btu content, ambient temperature, altitude, engine power & condition, etc. Maximum power decreases about 3.5 percent for each 1,000 feet above sea level; and also will decrease about 1 percent for each 12° C (10° F) above 15.5° C (60°F). Technical Data TD00405003E Effective August 2009 Standby Generators 3EATON CORPORATION www.eaton.com RES.B Page 117 of 169 Technical Data TD00405003E Effective August 2009 Standby Generators Eaton Corporation Electrical Sector 1000 Cherrington Parkway Moon Township, PA 15108 United States 877-ETN-CARE (877-386-2273) Eaton.com © 2009 Eaton Corporation All Rights Reserved Printed in USA Publication No. TD00405003E August 2009 All other trademarks are property of their respective owners. 731.9 (28.8) 637.6 (25.1) Left Side View 642 (25.3) 1218 (47.9) Front View 1226 (48.3) 76.2 [3.0] Pea Gravel Minimum Figure 1. Air Cooled Generator 17kW Design and specifications subject to change without notice. Dimensions shown are approximate. Contact your Eaton Salesperson for certified drawings. Do not use these dimensions for installation purposes. RES.B Page 118 of 169 Purcell Systems’ Flexible EncloSure (FlexSure®) solution architecture allows the rapid creation and growth of virtually any outdoor cabinet configuration by leveraging pre-engineered common interchangeable components. The FlexSure® series is available in 12, 16, 20, 25, and 36 RU equipment bay options. FlexSure® enclosures are UL 508 Listed, and certified by independent third-party Nationally Recognized Testing Laboratories to Telcordia GR-487. A wide range of thermal management system technologies and capacities ensures that the equipment you deploy in the cabinet will operate within its design parameters with the highest reliability and lowest Total Cost of Ownership. Options include battery backup, AC/DC power termination and distribution, cross connect and line protection, equipment and enclosure mounting features. Applications Provides a secure, thermally-controlled environment for any electronic equipment supporting a wide-range of Cable/MSO, Energy/Utility, Land Mobile Radio, Transportation, U.S. Government/Military, and Wireless and Wireline Telecommunication applications. Product Features: • Telcordia GR-487 certified, UL508 Listed • Highly flexible and scalable • Energy efficient advanced thermal solutions • Field upgradeable • AC and DC power options • Pad, pole, wall, H-frame mounting options FlexSure® FLX36-3030 Power and Equipment Enclosure Solutions The Purcell Advantage Purcell Systems designs and manufactures thermally-managed outdoor enclosures that meet the exact needs of the enclosed equipment for network operators and utilities. Our enclosures provide comparable solutions to prefabricated buildings, containers and shelters at a fraction of the cost. Both standard and custom enclosures are delivered with the following capabilities: Choice of Options: Pre-engineered and interchangeable modules provide optimal configurations with minimal cost and lead time. Thermal Management: The industry’s widest selection of heating and cooling systems ensures the most efficient thermal management solution with the lowest energy consumption. Lowest Total Cost of Ownership: Engineering analysis and modeling ensures your enclosure configuration minimizes installation, maintenance, repair, capital, and operational expenses. Equipment Integration and Staging: Electronic equipment can be staged and installed in our enclosures prior to final deployment and installation. Fanatical Service®: A national service organization with 24/7/365 access means procurement, installation, support, and warranty requests are addressed immediately. RES.B Page 119 of 169 Dimensions and Expansion Options Thermal Management Systems Exterior Dimensions Rack Units Side Chamber Options Heat Exchanger Air Conditioner No battery pedestal 30”W x 30”D x 74”H762mm x 762mm x 1880mm 36RU +10”W+16”W 39W/˚C741W 70W/˚C1330W 99W/˚C1881W 2K BTU/585W with 500W heater 4K BTU/1172W with 1500W heater 6K BTU/1758W with 1500W heater14” battery pedestal 30”W x 30”D x 84”H762mm x 762mm x 2134mm 16” battery pedestal 30”W x 30”D x 86”H762mm x 762mm x 2184mm 16125 East Euclid Avenue Spokane, Washington 99216 509.755.0341 www.purcellsystems.com FLX36-3030 2012-11-08 ©2012 Purcell Systems, Inc. All Rights Reserved. Patents Pending. Due to continual product enhancements, specifications may change without notice FlexSure® FLX36-3030 EXTERIOR Construction • Frame: 0.090” Corrosion resistant aluminum, dual wall construction • Finish: Ultra-light gray polyester powder coat • Weight (Base Configuration): 375 lbs Door/Side/Top Panels • Doors: Front and rear doors, left or right open, front and rear hatches • Door Handles: Pad-lockable • Door Hinges: Hidden hinges • Side Panels: Removable for field expandability for extra bays and side chambers Cable Entry • Ingress/Egress: Knockouts on bottom/rear/side • Protection: Plastic/rubber glands Battery Pedestal • Ventilated compartment • 14” or 16” Height: Supports up to 190 Ahr -48 Volt batteries • Battery Heater Mat: Up to 280 Watts • Compatible with pad, pole, or wall mount Side Chamber • Side chambers: One or two, 10” or 16” depth • 19” or 23” Equipment rails Mounting Options • Anchor plate kit for concrete pad mounting • Pole mount kit (up to 25 RU models) • Plinth: 4” Height, standard footprint • Corrosion inhibiting pad gasket INTERIOR Equipment Mounting • 19” or 23” Equipment rails: Configurable loca- tions front-to-back • Second set of 19” or 23” rails optional AC Power Termination and Distribution • Load Center Locations: Internal to side chamber, or internal to equipment bay • 8-12 Position internal load centers • Up to 100 Amp main breaker • Surge Protection Device (SPD) • Generator Inlet: 30/60/100 Amp DC Power Systems and Distribution • Multiple suppliers and configurations available Other Options • Convenience Outlets: 15 or 20A, GFCI or standard • Bonding and Grounding: Isolated or integrated, up to 10 positions • Alarm Blocks: Up to 20 positions (includes intrusion and thermal alarms) • Accessories: Document holder, service light, laptop tray OTHER Agency Compliance • Telcordia GR-487 Issue 2 • UL Listed – UL508A • NEMA 3R Environmental • IP Protection: IP 54 • Maximum earthquake risk Zone-4 (as per Telcor- dia GR-63) Warranty • 5 Years on enclosure, 1 year on thermal system Specifications RES.B Page 120 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5044 Date: February 11, 2014 Department: Administration Attachments: Res 5044 Res 5044 attachments Budget Impact: $0 Administrative Recommendation: Public Works Committee recommend City Council adopt Resolution No. 5044. Background Summary: In connection with the transit services provided by Pierce Transit and the Pierce County Public Transportation Benefit Corporation it is appropriate for the City Council to express its position of support for candidates nominated to serve the City of Auburn on the Pierce County Board of Commissioners. The current ballot is for an unexpired term expiring April 30, 2015. This commissioner position would represent, in addition to the City of Auburn (that portion of Auburn served by Peirce Transit - located within Pierce County, Washington) and the cities and towns of Pacific, Ruston, Steilacoom, Gig Harbor and Fircrest. The recommendation of the Mayor was for endorsement of the candidacy of Steilacoom Councilmember Nancy Henderson. A copy of the official ballot is appended hereto. Reviewed by Council Committees: Public Works Councilmember:Osborne Staff:Snyder Meeting Date:February 18, 2014 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C Page 121 of 169 ---------------------------- Resolution No. 5044 February 10, 2014 Page 1 of 2 RESOLUTION NO. 5 0 4 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SELECTING A NOMINEE TO SERVE AS A MEMBER OF THE BOARD OF COMMISSIONERS FOR PIERCE TRANSIT WHEREAS, the Pierce Transit, a transit services provider serving areas of Pierce County, created following a 1979 tax levy vote includes in its organizational parameters a board of commissioners who are selected from nominees by municipalities served by Pierce Transit; and WHEREAS, in connection therewith, the Auburn City Council received an official ballot with the names of candidates to represent the Pierce Transit to fill an unexpired term expiring April 30, 2015, representing the cities and towns of Auburn, Pacific, Ruston, Steilacoom, Gig Harbor and Fircrest; and WHEREAS, in conformity with the requirements for submitting the ballots from the various cities and towns, the City Council desires to express its position in support of candidate Nancy Henderson from Steilacoom. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to forward to Pierce Transit the official ballot of the City Council of the City of Auburn casting its vote for Nancy Henderson, Steilacoom City Council Member. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this RES.C Page 122 of 169 ---------------------------- Resolution No. 5044 February 10, 2014 Page 2 of 2 legislation, including submittal to Pierce Transit’s Clerk of the Board the official ballot from the City of Auburn in connection herewith. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this _____ day of _________________, 2014. CITY OF AUBURN ________________________________ NANCY BACKUS MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney RES.C Page 123 of 169 RES.C Page 124 of 169 RES.C Page 125 of 169 RES.C Page 126 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: NPDES II Stormwater Program Plan Date: January 28, 2014 Department: Public Works Attachments: Memo Resolution No. 5035 Exhibit A Budget Impact: $0 Administrative Recommendation: Background Summary: For discussion only. Reviewed by Council Committees: Public Works Councilmember:Osborne Staff:Carlaw/Thorn Meeting Date:February 18, 2014 Item Number:DI.A AUBURN * MORE THAN YOU IMAGINEDDI.A Page 127 of 169 Page 1 of 1 Interoffice Memorandum To: Mayor Backus City Council Members From: Chris Thorn, Water Quality Programs Coordinator Tim Carlaw, Storm Drainage Engineer Date: February 7, 2014 Re: Stormwater Management Program Plan Update for 2014 The Stormwater Management Program Plan (SWMP Plan) details how the City intends to implement the requirements of the Western Washington Phase II Municipal Stormwater Permit (Permit) issued by the Washington State Department of Ecology. The City is required to update the SWMP Plan annually. The Permit requires that the public be able to participate in the update of the SWMP Plan. A public review and comment period for Auburn’s SWMP Plan will begin on February 18th, and will close with a public hearing at the March 3rd City Council meeting. The City is required to submit the SWMP Plan to the Department of Ecology by March 31st of this year. A resolution to approve the SWMP Plan will be forwarded through committees for adoption by the City Council at the March 3rd Council meeting. The following schedule outlines our plan to comply with the SWMP Plan submittal deadline. February 18 Begin public review and comment period on City’s SWMP Plan February 18 Public Works Committee discussion of City’s NPDES compliance program February 24 Planning and Community Development Committee discussion of the SWMP Plan March 3 Public Works Committee approves the SWMP Plan March 3 Public hearing at Council meeting to end public comment period, City Council approves the SWMP Plan March 4 – 7 SWMP Plan submitted to Department of Ecology March 31 Annual Report and SWMP due no later than date If you have any questions, please feel free to give Chris Thorn a call at (253) 804-5065. DI.A Page 128 of 169 Resolution No. 5035 January 8, 2014 Page 1 RESOLUTION NO. 5035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE 2014 STORMWATER MANAGEMENT PROGRAM PLAN AND AUTHORIZING THE MAYOR TO SUBMIT A COPY TO THE WASHINGTON STATE DEPARTMENT OF ECOLOGY IN RESPONSE TO THE CITY’S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM WESTERN WASHINGTON PHASE II MUNICIPAL STORMWATER PERMIT WHEREAS, The Washington State Department of Ecology issues a National Pollutant Discharge Elimination System Western Washington Phase II Municipal Stormwater Permit that regulates the discharge of stormwater from municipal stormwater systems; and WHEREAS, the City operates a municipal stormwater system and is regulated under the National Pollutant Discharge Elimination System Western Washington Phase II Municipal Stormwater Permit; and WHEREAS, the National Pollutant Discharge Elimination System Western Washington Phase II Municipal Stormwater Permit requires development and implementation of a Stormwater Management Program Plan; and WHEREAS, the National Pollutant Discharge Elimination System Western Washington Phase II Municipal Stormwater Permit requires submittal of the Stormwater Pollution Program Plan to the Washington State Department of Ecology DI.A Page 129 of 169 Resolution No. 5035 January 8, 2014 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Stormwater Management Program Plan is approved for implementation in the City of Auburn 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, including submitting a copy of the Stormwater Management Program Plan to the Washington State Department of Ecology. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this _____ day of _________, 2014. CITY OF AUBURN NANCY BACKUS MAYOR ATTEST: ______________________ Danielle E. Daskam, City Clerk DI.A Page 130 of 169 Resolution No. 5035 January 8, 2014 Page 3 APPROVED AS TO FORM: _____________________ Daniel B. Heid, City Attorney DI.A Page 131 of 169 Resolution No. 5035 Exhibit “A” CITY OF AUBURN 2014 STORMWATER MANA GEMENT PROGRAM PLAN City of Auburn, WA March 2014 DI.A Page 132 of 169 Table of Contents City of Auburn 2014 SWMP Plan ii H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\Swmps\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.Docx TABLE OF CONTENTS 1. INTRODUCTION........................................................................................................................................................ 1 1.1 Overview .......................................................................................................................................................... 1 1.2 Regulatory Background ................................................................................................................................... 1 1.3 City of Auburn Regulated Area ........................................................................................................................ 2 1.4 SWMP Implementation Responsibilities .......................................................................................................... 2 1.5 Document Organization ................................................................................................................................... 2 2. STORMWATER MANAGEMENT PROGRAM ADMINISTRATION ........................................................................... 3 2.1 Permit Requirements ....................................................................................................................................... 3 2.2 Planned 2014 Compliance Activities ................................................................................................................ 3 3. PUBLIC EDUCATION AND OUTREACH .................................................................................................................. 4 3.1 Permit Requirements ....................................................................................................................................... 4 3.2 Planned 2014 Compliance Activities ................................................................................................................ 4 4. PUBLIC INVOLVEMENT AND PARTICIPATION ...................................................................................................... 6 4.1 Permit Requirements ....................................................................................................................................... 6 4.2 Planned 2014 Compliance Activities ................................................................................................................ 6 5. ILLICIT DISCHARGE DETECTION AND ELIMINATION ........................................................................................... 7 5.1 Permit Requirements ....................................................................................................................................... 7 5.2 Planned 2014 Compliance Activities ................................................................................................................ 7 6. CONTROLLING RUNOFF FROM NEW DEVELOPMENT, REDEVELOPMENT, AND CONSTRUCTION SITES .... 8 6.1 Permit Requirements ....................................................................................................................................... 8 6.2 Planned 2014 Compliance Activities ................................................................................................................ 9 7. MUNICIPAL OPERATIONS AND MAINTENANCE ................................................................................................. 10 7.1 Permit Requirements ..................................................................................................................................... 10 7.2 Planned 2014 Compliance Activities .............................................................................................................. 11 8. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD REQUIREMENTS ............................................................ 12 8.1 Planned 2014 Compliance Activities .............................................................................................................. 13 9. MONITORING .......................................................................................................................................................... 14 9.1 Permit Requirements ..................................................................................................................................... 14 9.2 Planned 2014 Compliance Activities .............................................................................................................. 14 APPENDIX A ............................................................................................................................................................... 15 DI.A Page 133 of 169 iii H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx LIST OF TABLES Table 2-1. 2014 Stormwater Management Administration Program Work Plan ……………………………………...3 Table 3-1. 2014 Public Education and Outreach Work Plan ……………………………..…………….……………….5 Table 4-1. 2014 Public Involvement and Participation Work Plan………………………………………………………6 Table 5-1. 2014 Illicit Discharge Detection and Elimination Work Plan ………………………………………………..7 Table 6-1. 2014 Controlling Runoff from Development, Redevelopment, and Construction Sites Work Plan….….9 Table 7-1. 2014 Municipal Operations and Maintenance Work Plan…………………………………………….…….11 Table 8-1. 2014 Compliance with TMDL Load Requirements Work Plan…..………………….……………………...13 Table 9-1. 2014 Water Quality Monitoring Work Plan…………….……………………………………………………...14 DI.A Page 134 of 169 1 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx CITY OF AUBURN 2014 STORMWATER MANAGEMEN T PROGRAM PLAN 1. INTRODUCTION 1.1 Overview This document presents the City of Auburn’s Stormwater Management Program (SWMP). Preparation and maintenance of this SWMP Plan is required by the Washington State Department of Ecology (Ecology) as a condition of the Western Washington Phase II Municipal Stormwater Permit (the Phase II Permit). The Phase II permit covers discharges from regulated small municipal separate storm sewer systems (MS4s). The SWMP Plan is intended to inform the public of the planned SWMP activities for the upcoming year. The permit to discharge stormwater is designed to reduce the discharge of pollutants, protect water quality, and meet the requirements of the federal Clean Water Act. Appendix A includes acronyms and definitions from the Permit to help the reader understand the City’s Stormwater Management Program. 1.2 Regulatory Background The National Pollutant Discharge Elimination System (NPDES) permit program is a requirement of the federal Clean Water Act, which is intended to protect and restore waters for “fishable, swimmable” uses. The federal Environmental Protection Agency (EPA) has delegated permit authority to state environmental agencies, and these agencies can set permit conditions in accordance with and in addition to the minimum federal requirements. In Washington, the NPDES-delegated permit authority is the Washington State Department of Ecology (Ecology). In Washington, municipalities with a population of over 100,000 are designated as Phase I communities and must comply with Ecology’s Phase I NPDES Municipal Stormwater Permit. Auburn’s population is below the 100,000 threshold, so the City must comply with the Phase II Municipal Stormwater Permit. About 100 other municipalities in Washington must also comply with the Phase II Permit, as operators of small municipal separate storm sewer systems (MS4s). Ecology’s Phase II Municipal Stormwater Permit is available on Ecology’s website at http://www.ecy.wa.gov/programs/wq/stormwater/municipal/phaseIIww/wwphiipermit.html The Permit allows municipalities to discharge stormwater runoff from municipal drainage systems into the state’s water bodies (e.g., streams, rivers, lakes, wetlands, and aquifers) as long as municipalities implement programs to protect water quality by reducing the discharge of “non-point source” pollutants to the “maximum extent practicable” (MEP) through application of Permit-specified “best management practices” (BMPs). The BMPs specified in the Permit are collectively referred to as the Stormwater Management Program (SWMP) and grouped under the following Program components:  Public Education and Outreach  Public Involvement and Participation  Illicit Discharge Detection and Elimination  Controlling Runoff from New Development, Redevelopment, and Construction Sites DI.A Page 135 of 169 1: Introduction City of Auburn 2014 SWMP Plan 2 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx  Municipal Operations and Maintenance In addition to the SWMP components the Permit contains special conditions covering:  Compliance with Total Maximum Daily load requirements  Monitoring and Assessment  Reporting Requirements The Permit issued by Ecology became effective on August 1, 2013 and expires on July 31, 2018. The Permit requires the City to submit an annual report no later than March 31st of each year beginning in 2015, on progress in SWMP implementation. The Permit also requires submittal of a SWMP Plan which describes proposed SWMP activities for the current calendar year. The SWMP Plan is to be updated annually and be included in the submittal of the previous year’s annual report. 1.3 City of Auburn Regulated Area The Western Washington Phase II Permit applies to operators of regulated small MS4s that discharge stormwater to waters of Washington State located west of the crest of the Cascade Range (west of the eastern boundaries of Whatcom, Skagit, Snohomish, King, Pierce, Lewis and Skamania counties). For cities, the Permit requirements extend to those areas of each City that drain to MS4s. Most of Auburn drains to MS4s that ultimately discharge into the Green River, the White River, or Mill Creek. In addition, some portions of the City drain to regional infiltration basins. 1.4 SWMP Implementation Responsibilities The Utilities Engineering Division in the Public Works Department coordinates the overall administration of efforts to comply with Permit requirements. The work plan tables in each Chapter provide the lead departments for the associated task. Other major departments/divisions included in the 2014 SWMP implementation are Maintenance and Operations (M&O), Human Resources (HR), Development Engineering, Permit Center, Innovation and Technology (IT), and Parks. 1.5 Document Organization The contents of this document are based upon Permit requirements and Ecology’s “Guidance for City and County Annual Reports for Western Washington, Phase II Municipal Stormwater General Permits.” The program components of this SWMP are organized as listed in the Permit:  Section 2.0 addresses administering the City’s Stormwater Management Program.  Section 3.0 addresses public education and outreach.  Section 4.0 addresses public involvement and participation.  Section 5.0 addresses illicit discharge detection and elimination.  Section 6.0 addresses controlling runoff from new development, redevelopment, and construction sites.  Section 7.0 addresses municipal operations and maintenance.  Section 8.0 addresses compliance with TMDL requirements.  Section 9.0 addresses monitoring. Each section includes a summary of the relevant Permit requirements and a table showing the planned activities for 2014. This document also includes acronyms and definitions in Appendix A for easy reference. DI.A Page 136 of 169 3 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx CITY OF AUBURN 2014 STORMWATER MANAGEMEN T PROGRAM PLAN 2. STORMWATER MANAGEMEN T PROGRAM ADMINISTRATI ON This section of the SWMP describes Permit requirements related to overall Stormwater Management Program administration, and planned compliance activities for 2014. 2.1 Permit Requirements The Permit (Section S5.A) requires the City to:  Develop and implement a Stormwater Management Program (SWMP) and prepare written documentation (SWMP Plan) for submittal to Ecology by March 31 of each year. The purpose of the SWMP is to reduce the discharge of pollutants from the municipal stormwater system to the maximum extent practicable and thereby protect water quality. The SWMP Plan is intended to inform the public of the planned SWMP activities for the upcoming calendar year, and any actions to meet the requirements of S7 Compliance with Total Maximum Daily Load Requirements, and S8 Monitoring.  Implement a program for gathering, tracking, maintaining, and using information to evaluate SWMP development, implementation and permit compliance and to set priorities.  Coordinate with other permittees on stormwater related policies programs, and projects within adjacent or shared areas.  Coordinate between City departments to eliminate barriers to compliance with the terms of the permit. 2.2 Planned 2014 Compliance Activities Auburn has positioned itself to maintain compliance. Table 2-1 presents the proposed work plan for the 2014 SWMP administration activities. Table 2-1. 2014 Stormwater Management Administration Program Work Plan Task ID Task Description Lead Compliance Timeframe SWMP-1 Revise and update the City’s Stormwater Management Program Plan (SWMP Plan) to identify planned SWMP activities for 2014. Utilities Engineering The SWMP submittal is due by March 31st of each year. SWMP-2 Track program element implementation. Utilities Engineering Annual Reporting is due by March 31st of each year beginning in 2015. DI.A Page 137 of 169 4 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx CITY OF AUBURN 2014 STORMWATER MANAGEMEN T PROGRAM PLAN 3. PUBLIC EDUCATION AND OUTREACH This section describes the Permit requirements related to public education and outreach, and planned compliance activities for 2014. 3.1 Permit Requirements The Permit (Section S5.C.1) requires the City to:  Prioritize and target education and outreach activities to specified audiences, including the general public, businesses, residents/homeowners, landscapers, property managers, engineers, contractors, developers, review staff and land use planners, and other City employees to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts.  Have an outreach program that is designed to improve the target audience’s understanding of the problem and what they can do to solve it.  Create and/or partner with existing organizations to encourage residents to participate in stewardship opportunities.  Measure the understanding and adoption of the targeted behaviors for at least one target audience in at least one subject area. Use the resulting measurements to direct education and outreach resources most effectively.  Track and maintain records of public education and outreach activities. 3.2 Planned 2014 Compliance Activities The City plans to continue the program that has been developed over the last permit cycle. The target audiences include:  The general public  Businesses (including home-based and mobile businesses)  Residents/homeowners  Landscapers  Property managers  Engineers, contractors, and developers  City plan review staff, land use planners, and other City employees. DI.A Page 138 of 169 3: Public Education and Outreach City of Auburn 2014 SWMP Plan 5 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx Table 3-1 presents the work plan for the 2014 SWMP public education and outreach activities. Table 3-1. 2014 Public Education and Outreach Work Plan Task ID Task Description Lead Compliance Timeframe EDUC-1 Continue collaboration with other NPDES municipalities through Stormwater Outreach for Regional Municipalities (STORM) and Puget Sound Starts Here efforts to promote regional education and outreach programs. Utilities Engineering Refinements to existing public education and outreach activities are on- going. EDUC-2 Refine education and outreach strategy to supplement existing education activities. An example would be evaluating the current pet waste cleanup education strategy and whether existing education activities should be supplemented for better results. Utilities Engineering EDUC-3 Implement new or modify existing education and outreach activities. An example would be implementing actions related to our Kid’s Day educational activities based on the evaluation done after the 2013 event. Utilities Engineering EDUC-4 Staff training related to Surface Water Management Manual Implementation/Technical Standards:  Permitting  Plan Review  Site Inspections  Maintenance Standards. Utilities Engineering EDUC-5 Inform public employees, businesses and the general public of the hazards associated with illegal discharges and improper disposal of waste. Utilities Engineering Ongoing EDUC-6 Provide stewardship opportunities such as planting native plants and invasive species removal at the Auburn Environmental park. Planning and Public Works Divisions 2014 DI.A Page 139 of 169 6 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx CITY OF AUBURN 2014 STORMWATER MANAGEMEN T PROGRAM PLAN 4. PUBLIC INVOLVEMENT AND PARTICIPATION This section describes the Permit requirements related to public involvement and participation, and planned compliance activities for 2014. 4.1 Permit Requirements The Permit (Section S5.C.2) requires the City to:  Provide ongoing opportunities for public involvement and participation through advisory boards or commissions, public hearings, watershed committees, public participation in developing rate structures and budgets, or other similar activities. The public must be able to participate in the decision-making processes, including development, implementation, and update of the SWMP.  Make the SWMP Plan and Annual Compliance Report available to the public, by posting on the City’s website. Make any other documents required to be submitted to Ecology in response to Permit conditions available to the public. 4.2 Planned 2014 Compliance Activities The City of Auburn has a history of including the public in decision making. Table 4-1 below presents the work plan for the 2014 SWMP public involvement and participation activities. Table 4-1. 2014 Public Involvement and Participation Work Plan Task ID Task Description Lead Compliance Timeframe PI-1 Provide public involvement opportunities for annual SWMP update. Utilities Engineering Public involvement opportunities will be available before the March 31, 2014 submittal. PI-2 Make SWMP document Report available to public by posting on the City website. Utilities Engineering DI.A Page 140 of 169 7 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx CITY OF AUBURN 2014 STORMWATER MANAGEMEN T PROGRAM PLAN 5. ILLICIT DISCHARGE DE TECTION AND ELIMINAT ION This section describes the Permit requirements related to illicit discharge detection and elimination (IDDE), and planned compliance activities for 2014. 5.1 Permit Requirements The Permit (Section S5.C.3) requires the City to:  Implement an ongoing program to detect and remove illicit discharges, connections, and improper disposal, including any spills into the municipal separate storm sewers owned or operated by the City.  Maintain a storm sewer system map, have ordinances that prohibit illicit discharges, and implement an ongoing program to detect and address illicit discharges.  Publicly list and publicize a hotline or other local telephone number for public reporting of spills and other illicit discharges. Track illicit discharge reports and actions taken in response through close-out, including enforcement actions.  Inform public employees, businesses and the general public of hazards associated with illegal discharges and improper disposal of waste.  Train staff on proper IDDE response SOPs and train municipal field staff to recognize and report illicit discharges.  Summarize all illicit discharges and connections reported to the City and response actions taken, including enforcement actions, in the Annual Compliance Report; identify any updates to the SWMP. 5.2 Planned 2014 Compliance Activities Table 5-1 presents the work plan for 2014 SWMP illicit discharge detection and elimination activities. Table 5-1. 2014 Illicit Discharge Detection and Elimination Work Plan Task ID Task Description Lead Compliance Timeframe IDDE-1 Continue to implement City-wide IDDE Program and develop any necessary supplemental IDDE activities. Utilities Engineering Ongoing IDDE-2 Continue to review and update storm system map to address data gaps and Permit requirements. Utilities Engineering/IT Ongoing IDDE-3 Integrate illicit discharge field screening into the public facility and catch basin inspection programs. Utilities Engineering 2014 DI.A Page 141 of 169 8 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx CITY OF AUBURN 2014 STORMWATER MANAGEMEN T PROGRAM PLAN 6. CONTROLLING RUNOFF F ROM NEW DEVELOPMENT, REDEVELOPMENT, AND C ONSTRUCTION SITES This section describes the Permit requirements related to controlling runoff from new development, redevelopment, and construction sites, and planned compliance activities for 2014. 6.1 Permit Requirements The Permit (Section S5.C.4) requires the City to:  Implement, and enforce a program to reduce pollutants in stormwater runoff (i.e., illicit discharges) to the municipal separate storm sewer system from new development, redevelopment, and construction site activities. The program must apply to both private and public projects, including roads, and address all construction/development-associated pollutant sources.  Have adopted regulations (codes and standards), have plan review, inspection, and escalating enforcement SOPs necessary to implement the program in accordance with Permit conditions, including the minimum technical requirements in Appendix 1 of the Permit by December 31, 2016.  Review, revise and make effective local development-related codes, rules, standards, or other enforceable documents to incorporate and require Low Impact Development (LID) principles and LID best management practices (BMPs) with the intent of making LID the preferred and commonly- used approach to site development by December 31, 2016.  Participate in watershed-scale stormwater planning under condition S5.C.4.c of the Phase I Municipal Stormwater General Permit if required.  Have adopted regulations (codes and standards) and processes to verify adequate long-term operations and maintenance of new post-construction permanent stormwater facilities and BMPs in accordance with Permit conditions, including an annual inspection frequency and/or approved alternative inspection frequency and maintenance standards for private drainage systems as protective as those in Chapter 4 of Volume V of the 2012 Ecology Stormwater Management Manual for Western Washington by December 31, 2016.  Provide copies of the Notice of Intent (NOI) for construction or industrial activities to representatives of the proposed new development and redevelopment.  Provide training to staff on the new codes, standards, and SOPs and create public education and outreach materials.  Record and maintain records of all inspections and enforcement actions by staff.  Summarize annual activities for the “Controlling Runoff” component of the Annual Compliance Report; identify any updates to the SWMP. DI.A Page 142 of 169 6: Controlling Runoff from New Development, Redevelopment and Construction Sites City of Auburn 2014 SWMP Plan 9 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx 6.2 Planned 2014 Compliance Activities The City has a program to help reduce stormwater runoff from new development and construction sites. Table 6-1 presents the work plan for 2014 SWMP activities related to runoff control for new development, redevelopment, and construction sites. Table 6-1. 2014 Controlling Runoff from Development, Redevelopment, and Construction Sites Work Plan Task ID Task Description Lead Compliance Timeframe CTRL-1 Track and report construction, new development, and redevelopment permits, inspections and enforcement actions. Planning/ Permit Center On-going CTRL-2 Conduct annual inspection of all treatment and flow control BMPs/facilities (other than catch basins) – i.e. private systems. Utilities Engineering On-going CTRL-3 Begin process to update city code related to controlling runoff from new development, redevelopment and construction site projects. Storm Drainage Utility and Building Division 2016 CTRL-4 Begin process to develop and adopt a stormwater management manual equivalent to the 2012 Stormwater Management Manual for Western Washington. Storm Drainage Utility and Building Division 2016 CTRL-5 Begin process to review, revise and make effective development-related codes, rules, standards, or other enforceable documents to incorporate and require LID principles and LID BMPs. Storm Drainage Utility and Planning Division 2016 DI.A Page 143 of 169 10 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx CITY OF AUBURN 2014 STORMWATER MANAGEMEN T PROGRAM PLAN 7. MUNICIPAL OPERATIONS AND MAINTENANCE This section describes the Permit requirements related to municipal operations and maintenance, and planned compliance activities for 2014. 7.1 Permit Requirements The Permit (Section S5.C.5) requires the City to:  Implement an O&M program, with the ultimate goal of preventing or reducing pollutant runoff from municipal separate stormwater system and municipal O&M activities.  Implement maintenance standards for the municipal separate stormwater system that are at least as protective as those specified in the 2012 Stormwater Management Manual for Western Washington.  Conduct annual inspection of all municipally owned or operated permanent stormwater treatment and flow control BMPs/facilities and perform maintenance as needed to comply with maintenance standards.  Inspect all catch basins and inlets owned or operated by the City at least once no later than August 1, 2017 and every two years thereafter. Clean the catch basins if inspections indicate cleaning is needed to comply with maintenance standards.  Check treatment and flow control facilities after major storms and perform repairs as needed in accordance with adopted maintenance standards.  Have SOPs in place to reduce stormwater impacts associated with runoff from municipal O&M activities, including but not limited to streets, parking lots, roads, or highways owned or maintained by the City, and to reduce pollutants in discharges from all lands owned or maintained by the City.  Train staff to implement the SOPs and document that training.  Prepare Stormwater Pollution Prevention Plans (SWPPPs) for all heavy equipment maintenance or storage yards identified for year-round facilities or yards, and material storage facilities owned or operated by the City.  Summarize annual activities for the “Pollution Prevention and Operations and Maintenance for Municipal Operations” component of the Annual Compliance Report; identify any updates to the SWMP. DI.A Page 144 of 169 7. Pollution Prevention and O&M for Municipal Operations City of Auburn 2014 SWMP Plan 11 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx 7.2 Planned 2014 Compliance Activities Table 7-1 presents the work plan for 2014 SWMP activities related to municipal operations and maintenance. Table 7-1. 2014 Municipal Operations and Maintenance Work Plan Task ID Task Description Responsible Schedule Notes MOM-1 Conduct annual inspection of all treatment and flow control (other than catch basins) in the public system and perform maintenance as triggered by the maintenance standards. Utilities Engineering On-going MOM-2 Inspect 25% of the public catch basins before July 31, 2014 and perform maintenance as triggered by the maintenance standards. M&O On-going MOM-3 Perform street sweeping to reduce the amount of street waste that enters the storm drainage conveyance system. M&O Ongoing DI.A Page 145 of 169 12 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx CITY OF AUBURN 2014 STORMWATER MANAGEMEN T PROGRAM PLAN 8. COMPLIANCE WITH TOTA L MAXIMUM DAILY LOAD REQUIREMENTS The federal Clean Water Act requires that Ecology establish “Total Maximum Daily Loads” (TMDL) for rivers, streams, lakes, and marine waters that don’t meet water quality standards. A TMDL is a calculation of the maximum amount of a pollutant that a water body can receive and still meet water quality standards. After the TMDL has been calculated for a given water body, Ecology determines how much each source must reduce its discharges of the pollutant in order bring the water body back into compliance with the water quality standards. TMDL requirements are included in the stormwater NPDES permits for discharges into affected water bodies. Stormwater discharges covered under this Permit are required to implement actions necessary to achieve the pollutant reductions called for in applicable TMDLs. Applicable TMDLs are those approved by the EPA before the issuance date of the Permit or which have been approved by the EPA prior to the issue date of the Permit or the date Ecology issues coverage under the Permit, whichever is later. Information on Ecology’s TMDL program is available on Ecology’s website at www.ecy.wa.gov/programs/wq/tmdl. In accordance with Permit condition S7 Compliance with Total Maximum Daily Load Requirements the City must comply with the following TMDL. Name of TMDL Puyallup Watershed Water Quality Improvement Project Document(s) for TMDL Puyallup River Watershed Fecal Coliform Total Maximum Daily Load – Water Quality Improvement Report and Implementation Plan, June 2011, Ecology Publication No. 11-10- 040. http://www.ecy.wa.gov/biblio/1110040.html Location of Original 303(d) Listings Puyallup river 16712, 7498, White River 16711, 16708, 16709, Clear Creek 7501, Swan Creek 7514, Boise Creek 16706 Area Where TMDL Requirements Apply Requirements apply in all areas regulated under the Permittee’s municipal stormwater permit and discharging to water bodies listed within the specific requirement in this TMDL section. Parameter Fecal Coliform EPA Approval Date September 2011 MS4 Permittee Phase I Permit: King County, Pierce County Phase II Permit: Auburn, Edgewood, Enumclaw, Puyallup, Sumner DI.A Page 146 of 169 8. Compliance with Total Maximum Daily Load Requirements City of Auburn 2014 SWMP Plan 13 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx Actions required of the City under this TMDL include:  Beginning no later than October 1, 2013, conduct twice monthly wet weather sampling of stormwater discharges to the White River at Auburn Riverside High School to determine if specific discharges from Auburn’s MS4 exceed the water quality criteria for fecal coliform bacteria. o Data shall be collected for one wet season. o Data shall be collected in accordance with an Ecology-approved QAPP. o Data collected since EPA TMDL approval can be used to meet this requirement.  For any of the outfalls monitored, above showing discharges that exceed water quality criteria for primary contact recreation: designate those areas discharging via the MS4 of concern as high priority areas for illicit discharge detection and elimination efforts and implement the schedules and activities identified in S5.C.3 of the Western Washington Phase II permit for response to any illicit discharges found beginning no later than August 1, 2014.  Install and maintain pet waste education and collection stations at municipal parks and other Permittee owned and operated lands adjacent to streams. Focus on locations where people commonly walk their dogs. 8.1 Planned 2014 Compliance Activities Table 8-1 presents the work plan for 2014 SWMP activities related to TMDL requirement compliance. Table 8-1. 2014 Compliance with TMDL Load Requirements Task ID Task Description Responsible Schedule Notes TMDL-1 Conduct twice monthly wet weather sampling for fecal coliform in accordance with the approved QAPP. Utilities Engineering Wet Weather Season is October through April TMDL-2 Maintain pet waste education and collection stations at municipal parks and other public lands adjacent to the White River and it’s tributaries. Parks Department On-going DI.A Page 147 of 169 14 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx CITY OF AUBURN 2014 STORMWATER MANAGEMEN T PROGRAM PLAN 9. MONITORING This section describes the Permit requirements related to water quality monitoring, and planned compliance activities for 2014. 9.1 Permit Requirements The Permit (Section S8) requires the City to either conduct Status and Trends Monitoring, and Effectiveness Studies, or pay annually into a collective fund to implement monitoring through the Regional Stormwater Monitoring Program (RSMP). The City committed in 2013 to pay $45,096.00 annually into the collective RSMP monitoring fund for both Status and Trends Monitoring and Effectiveness Studies. All permittees are required to pay into the RSMP to implement the RSMP Source Identification Information Repository (SIDIR). Auburn’s annual payment will be $2,614.00. Payments will be due to the Department of Ecology by August 15th each year beginning in 2014. The City is required to provide the following monitoring and/or assessment data in each annual report:  A description of any stormwater monitoring or studies conducted by the City during the reporting period. If stormwater monitoring was conducted on behalf of the City, or if studies or investigations conducted by other entities were reported to the City, a brief description of the type of information gathered or received shall be included in the annual report.  An assessment of the appropriateness of the best management practices identified by the City for each component of the SWMP; and any changes made, or anticipated to be made, to the BMPs that were previously selected to implement the SWMP and why. 9.2 Planned 2014 Compliance Activities Table 9-1 presents the work plan for 2014 SWMP monitoring activities. Table 9-1. 2014 Water Quality Monitoring Work Plan Task ID Task Description Lead Compliance Timeframe MNTR -1 Pay $47,710.00 annually into the RSMP collective fund for implementation of Status and Trends Monitoring, Effectiveness Studies, and the Source Identification Information Repository. Utilities Engineering Annual payment due by August 15th, starting in 2014. MNTR-2 Continue wet weather fecal coliform monitoring in conjunction with the Puyallup River Watershed Fecal Coliform TMDL. Utilities Engineering Through April 2014 DI.A Page 148 of 169 15 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx APPENDIX A Acronyms and Definitions The following definitions and acronyms are taken directly from the Phase II Permit and are reproduced here for the reader’s convenience. 40 CFR means Title 40 of the Code of Federal Regulations, which is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government. AKART means all known, available, and reasonable methods of prevention, control and treatment. See also State Water Pollution Control Act, chapter 90.48.010 RCW and chapter 90.48.520 RCW. All known, available and reasonable methods of prevention, control and treatment refers to the State Water Pollution Control Act, chapter 90.48.010 RCW and chapter 90.48.520 RCW. Applicable TMDL means a TMDL which has been approved by EPA on or before the issuance date of this Permit, or prior to the date that Ecology issues coverage under this Permit, whichever is later. Beneficial Uses means uses of waters of the state which include but are not limited to use for domestic, stock watering, industrial, commercial, agricultural, irrigation, mining, fish and wildlife maintenance and enhancement, recreation, generation of electric power and preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state. Best Management Practices are the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by Ecology that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. BMP means Best Management Practice. Bypass means the diversion of stormwater from any portion of a stormwater treatment facility. Census defined urban area means Urbanized Area. DI.A Page 149 of 169 16 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx Circuit means a portion of a MS4 discharging to a single point or serving a discrete area determined by traffic volumes, land use, topography or the configuration of the MS4. Component or Program Component means an element of the Stormwater Management Program listed in S5 Stormwater Management Program for Cities, Towns, and Counties or S6 Stormwater Management Program for Secondary Permittees , S7 Compliance with Total Maximum Daily Load Requirements, or S8 Monitoring of this permit. Co-Permittee means an owner or operator of an MS4 which is in a cooperative agreement with at least one other applicant for coverage under this permit. A Co-Permittee is an owner or operator of a regulated MS4 located within or in proximity to another regulated MS4. A Co- Permittee is only responsible permit conditions relating to discharges from the MS4 the Co- Permittee owns or operates. See also 40 CFR 122.26(b)(1) CWA means Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub.L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. (6-483 and Pub. L. 97-117, 33 U.S.C. 1251 et.seq). Director means the Director of the Washington State Department of Ecology, or an authorized representative. Entity means a governmental body, or a public or private organization. EPA means the U.S. Environmental Protection Agency. General Permit means a permit which covers multiple dischargers of a point source category within a designated geographical area, in lieu of individual permits being issued to each discharger. Ground water means water in a saturated zone or stratum beneath the surface of the land or below a surface water body. Refer to chapter 173-200 WAC. Hazardous substance means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or WAC 173-303-100. Heavy equipment main tenance or storage yard means an uncovered area where any heavy equipment, such as mowing equipment, excavators, dump trucks, backhoes, or bulldozers are washed or maintained, or where at least five pieces of heavy equipment are stored on a long- term basis. Highway means a main public road connecting towns and cities. Hydraulically near means runoff from the site discharges to the sensitive feature without significant natural attenuation of flows that allows for suspended solids removal. See Appendix 7 Determining Construction Site Sediment Damage Potential for a more detailed definition. Hyperchlorinated means water that contains more than 10 mg/Liter chlorine. Illicit connection means any infrastructure connection to the MS4 that is not intended, permitted or used for collecting and conveying stormwater or non-stormwater discharges allowed as specified in this permit (S5.C.3 and S6.D.3). Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the MS4. Illicit discharge means any discharge to a MS4 that is not composed entirely of stormwater or of non- stormwater discharges allowed as specified in this permit (S5.C.3 and S6.D.3). DI.A Page 150 of 169 17 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx Impervious surface means a non-vegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A non- vegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or stormwater areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Land disturbing activity means any activity that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to clearing, grading, filling and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered land disturbing activity. Vegetation maintenance practices, including landscape maintenance and gardening, are not considered land disturbing activity. Stormwater facility maintenance is not considered land disturbing activity if conducted according to established standards and procedures. LID means Low Impact Development. LID BMP means low impact development best management practices. LID Principles means land use management strategies that emphasize conservation, use of on- site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff. Low Impact Development means a stormwater and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. Low impact development best management practices means distributed stormwater management practices, integrated into a project design, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention/rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, vegetated roofs, minimum excavation foundations, and water re-use. Material Storage Facilities means an uncovered area where bulk materials (liquid, solid, granular, etc.) are stored in piles, barrels, tanks, bins, crates, or other means. Maximum Extent Practicable refers to paragraph 402(p)(3)(B)(iii) of the federal Clean Water Act which reads as follows: Permits for discharges from municipal storm sewers shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques, and s ystem, design, and engineering methods, and other such provisions as the Administrator or the State determines appropriate for the control of such pollutants. MEP means Maximum Extent Practicable. MS4 means municipal separate storm sewer s ystem. Municipal Separate Storm Sewer System means a conveyance, or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (i) Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of wastes, DI.A Page 151 of 169 18 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of Washington State. (ii) Designed or used for collecting or conveying stormwater. (iii) Which is not a combined sewer; (iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2.; and (v) Which is defined as “large” or “medium” or “small” or otherwise designated by Ecology pursuant to 40 CFR 122.26. National Pollutant Discharge Elimination System means the national program for issuing, modifying, revoking, and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the Federal Clean Water Act, for the discharge of pollutants to surface waters of the state from point sources. These permits are referred to as NPDES permits and, in Washington State, are administered by the Washington Department of Ecology. Native vegetation means vegetation comprised of plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. Examples include trees such as Douglas Fir, western hemlock, western red cedar, alder, big-leaf maple; shrubs such as willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and fireweed. New development means land disturbing activities, including Class IV General Forest Practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of hard surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development. Refer to Appendix 1 for a definition of hard surfaces. New Permittee means a city, town, or county that is subject to the Western Washington Municipal Stormwater General Permit and was not subject to the permit prior to August 1, 2013. New Secondary Permittee means a Secondary Permittee that is covered under a municipal stormwater general permit and was not covered by the permit prior to August 1, 2013. NOI means Notice of Intent. Notice of Intent means the application for, or a request for coverage under a General Permit pursuant to WAC 173-226-200. Notice of Intent for Construction Activity means the application form for coverage under the DI.A Page 152 of 169 19 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx Construction Stormwater General Permit. Notice of Intent for Industrial Activity means the application form for coverage under the General Permit for Stormwater Discharges Associated with Industrial Activities. NPDES means National Pollutant Discharge Elimination System. Outfall means point source as defined by 40 CFR 122.2 at the point where a discharge leaves the MS4 and discharges to waters of the State. Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey primarily surface waters (i.e. culverts). Permittee unless otherwise noted, the term “Permittee” includes city, town, or county Permittee, Co- Permittee, New Permittee, Secondary Permittee, and New Secondary Permittee. Physically Interconnected means that one MS4 is connected to another storm sewer system in such a way that it allows for direct discharges to the second s ystem. For example, the roads with drainage systems and municipal streets of one entity are physically connected directly to a storm sewer system belonging to another entity. Project site means that portion of a property, properties, or right-of-ways subject to land disturbing activities, new hard surfaces, or replaced hard surfaces. Refer to Appendix 1 for a definition of hard surfaces. QAPP means Quality Assurance Project Plan. Qualified Personnel means someone who has had professional training in the aspects of stormwater management for which they are responsible and are under the functional control of the Permittee. Qualified Personnel may be staff members, contractors, or volunteers. Quality Assurance Project Plan means a document that describes the objectives of an environmental study and the procedures to be followed to achieve those objectives. RCW means the Revised Code of Washington State. Receiving waters means bodies of water or surface water systems to which surface runoff is discharged via a point source of stormwater or via sheet flow. Receiving waters may also be ground water to which surface runoff is directed by infiltration. Redevelopment means, on a site that is already substantially developed (i.e., has 35% or more of existing hard surface coverage), the creation or addition of hard surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of hard surface that is not part of a routine maintenance activity; and land disturbing activities. Refer to Appendix 1 for a definition of hard surfaces. Regional Stormwater Monitoring Program means, for all of western Washington, a stormwater- focused monitoring and assessment program consisting of these components: status and trends monitoring in small streams and marine nearshore areas, stormwater management program effectiveness studies, and a source identification information repository (SIDIR). The priorities and scope for the RSMP are set by a formal stakeholder group. For this permit term, RSMP status and trends monitoring will be conducted in the Puget Sound basin only. DI.A Page 153 of 169 20 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx Regulated Small Municipal Separate Storm Sewer System means a Municipal Separate Storm Sewer System which is automatically designated for inclusion in the Phase II stormwater permitting program by its location within an Urbanized Area, or by designation by Ecology and is not eligible for a waiver or exemption under S1.C. RSMP means Regional Stormwater Monitoring Program. Runoff is water that travels across the land surface and discharges to water bodies either directly or through a collection and conveyance s ystem. See also “Stormwater.” Secondary Permittee is an operator of a regulated small MS4 which is not a city, town or county. Secondar y Permittees include special purpose districts and other public entities that meet the criteria in S1.B. Sediment/Erosion-Sensitive Feature means an area subject to significant degradation due to the effect of construction runoff, or areas requiring special protection to prevent erosion. See Appendix 7 Determining Construction Site Sediment Transport Potential for a more detailed definition. Shared water bodies means water bodies, including downstream segments, lakes and estuaries that receive discharges from more than one Permittee. SIDIR means Source Identification Information Repository. Significant contributor means a discharge that contributes a loading of pollutants considered to be sufficient to cause or exacerbate the deterioration of receiving water quality or instream habitat conditions. Small Municipal Separate Storm Sewer System means an MS4 that is not defined as “large” or “medium” pursuant to 40 CFR 122.26(b)(4) & (7) or designated under 40 CFR 122.26 (a)(1)(v). Source control BMP means a structure or operation that is intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. The SWMMWW (2012) separates source control BMPs into two types. Structural Source Control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stormwater. Operational BMPs are non-structural practices that prevent or reduce pollutants from entering stormwater. See Volume IV of the SWMMWW (2012) for details. Stormwater means runoff during and following precipitation and snowmelt events, including surface runoff, drainage or interflow. Stormwater Associated with Industrial and Construction Activity means the discharge from any conveyance which is used for collecting and conveying stormwater, which is directly related to manufacturing, processing or raw materials storage areas at an industrial plant, or associated with clearing, grading and/or excavation, and is required to have an NPDES permit in accordance with 40 CFR 122.26. Stormwater Management Program means a set of actions and activities designed to reduce the discharge of pollutants from the MS4 to the MEP and to protect water quality, and comprising the components listed in S5 (for cities, towns and counties) or S6 (for Secondary Permittees) of this Permit and any additional actions necessary to meet the requirements of applicable TMDLs pursuant to S7 Compliance with TMDL Requirements, and S8 Monitoring and Assessment. DI.A Page 154 of 169 21 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2014 SWMP\Final Draft 2014 SWMP Plan 20140110.docx Stormwater Treatment and Flow Control BMPs/Facilities means detention facilities, treatment BMPs/facilities, bioretention, vegetated roofs, and permeable pavements that help meet Appendix 1 Minimum Requirements #6 (treatment), #7 (flow control), or both. SWMMWW means Stormwater Management Manual for Western Washington (2005). SWMP means Stormwater Management Program. TMDL means Total Maximum Daily Load. Total Maximum Daily Load means a water cleanup plan. A TMDL is a calculation of the maximum amount of a pollutant that a water body can receive and still meet water quality standards, and an allocation of that amount to the pollutant’s sources. A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. The calculation must include a margin of safety to ensure that the water body can be used for the purposes the state has designated. The calculation must also account for seasonable variation in water quality. Water quality standards are set by states, territories, and tribes. They identify the uses for each water body, for example, drinking water supply, contact recreation (swimming), and aquatic life support (fishing), and the scientific criteria to support that use. The Clean Water Act, section 303, establishes the water quality standards and TMDL programs. Tributary conveyance means pipes, ditches, catch basins, and inlets owned or operated by the Permittee and designed or used for collecting and conveying stormwater. UGA means Urban Growth Area. Urban Growth Area means those areas designated by a county pursuant to RCW 36.70A.110. Urbanized Area is a federally-designated land area comprising one or more places and the adjacent densely settled surrounding area that together have a residential population of at least 50,000 and an overall population density of at least 1,000 people per square mile. Urbanized Areas are designated by the U.S. Census Bureau based on the most recent decennial census. Vehicle Maintenance or Storage Facility means an uncovered area where any vehicles are regularly washed or maintained, or where at least 10 vehicles are stored. Water Quality Standards means Surface Water Quality Standards, chapter 173-201A WAC, Ground Water Quality Standards, chapter 173-200 WAC, and Sediment Management Standards, chapter 173-204 WAC. Waters of the State includes those waters as defined as "waters of the United States" in 40 CFR Subpart 122.2 within the geographic boundaries of Washington State and "waters of the state" as defined in chapter 90.48 RCW which includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and water courses within the jurisdiction of the State of Washington. Waters of the United States refers to the definition in 40 CFR 122.2. DI.A Page 155 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: Capital Project Status Report Date: February 10, 2014 Department: Public Works Attachments: Capital Project Status Report Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember:Osborne Staff:Sweeting Meeting Date:February 18, 2014 Item Number:DI.B AUBURN * MORE THAN YOU IMAGINEDDI.B Page 156 of 169 Date: February 12, 2014 A 1 C2 0 1 A M Street Underpass (Grade Separation): The purpose of this project is to grade separate ‘M’ Street SE from the Burlington Northern Santa Fe Stampede Pass Rail line in Phase 1 and completion of the Auburn Black Diamond Road Bypass connection is a future phase. 5,166,560 (Street) 150,000 (Water) 872,372 (Fed Grant) 5,990,000 (FMSIB) 2,630,509 (TIB) 1,106,592 (King County) 1,542,800 (Ports) 478,000 (BNSF) 1,140,000 (REET2) 3,397,174 (PWTF) 22,474,007 22,474,007 100%Dec-11 99%May-14 Vondrak Punchlist and private property restoration underway. Completion date adjusted to reflect additional time required to coordinate restoration with agencies and property owners. CH2MHill Scarsella Brothers 2 CP 1 3 0 2 2013 Pavement Patching, Chipseal and Overlay Project: This project will complete pavement patching, chip seal treatments and overlay work on both arterial/collector and local roadways for the purpose of preservation throughout the City. 1,611,190 (Street) 223,920 (103 SOS) 26,691 (Parks) 1,861,801 1,356,386 100%Jun-13 100%Jan-14 Wickstrom Final payment is in process. Budget numbers were corrected to separate parks funds from street funds. Estimated costs were adjusted to reflect actual costs. N/A Miles Resources 3 C4 1 0 A S. 277th Wetland Mitigation Monitoring: This project is an on-going project to complete the required monitoring and maintenance of the wetland mitigation sites for the S. 277th Grade Separation Project. Sites are located on the North property and at the corner of 44th St NW and Frontage Road. Permits require the City to monitor the sites for 10 years. 325,343 (Street) 325,343 324,606 100%Apr-11 98%May-14 Larson Construction Work is complete, however, the project is in the 2-year plant establishment period and the finish date reflects this. Budget and Costs shown are for years 2006 thru 2014 of this 10 year process. Watershed Company / Redeye Nordic Construction 4 CP 1 2 2 5 West Valley Highway Preservation - 15th NW to 37th NW: This project will complete an overlay of WVH for the purpose of pavement preservation. 560,000 (Street) 560,000 (Federal) 1,120,000 1,093,525 100%Jul-13 100%Jan-14 Wickstrom Final Pay in process.N/A Icon Street, Utilities Project Budget ($) % Co m p l e t e Finish Date Project Manager Status Co n t r a c t o r Total Estimated Costs CAPITAL PROJECT STATUS REPORT Design Construction No. Proj. No.Location/Description Other Total Budget % Co m p l e t e Adv. Date De s i g n Co n s u l t a n t Page 1 of 9 DI.B Page 157 of 169 Date: February 12, 2014 A Street, Utilities Project Budget ($) % Co m p l e t e Finish Date Project Manager Status Co n t r a c t o r Total Estimated Costs CAPITAL PROJECT STATUS REPORT Design Construction No. Proj. No.Location/Description Other Total Budget % Co m p l e t e Adv. Date De s i g n Co n s u l t a n t 5 C5 2 4 A SCADA System Improvement: This project will upgrade the City's SCADA system to meet Public Works goals. 3,096,767 (Water) 1,908,148 (Sewer) 857,820 (Storm) 5,862,735 5,862,735 100%Nov-09 95%May-14 Lee Implementation Contract executed. Preliminary Design and Final Design are Complete. Installation of the Controls at M&O is complete and conversion of all 3 test sites are complete. The remaining site conversions are underway with 35 sites of 38 completed. TSI TSI 6 CP 0 9 0 9 Academy Booster Pump Station: This project will update/replace the existing pump station in the Academy water service area in order to meet fire flow demands. 3,526,255 (Water) 3,526,255 3,168,295 100%Sep-12 96%Apr-14 Vondrak Work is underway.Carollo Engineers Rodarte 7 CP 1 1 2 0 Lea Hill Safe Routes to Schools Improvements: This project will complete improvements for safe walking routes to Hazelwood Elem., Lea Hill elem., and Rainer Middle School along 116th Ave. SE and SE 312 St. 34,000 (Street) 398,500 (Federal) 21,597 (Police & ASD In Kind Services) 454,097 447,600 100%Jun-13 93%Apr-14 Truong Final contract work is awaiting private utility pole relocation and connections. Completion date was changed to reflect delays associated with the private utility pole relocations. Parametrix (signal only)Archer 8 CP 1 2 0 7 D Street NE Utility Improvements: This project will complete storm, sewer, water and street improvements related to the Port of Seattle mitigation agreement on D Street NE. 296,186 (Water) 367,377 (Sewer) 72,796 (Storm) 42,200 (430 Port) 162,203 (431 Port) 597,204 (432 Port) 1,537,966 1,528,801 100%Aug-13 30%Aug-14 Truong Work is underway. Construction progress has slowed due to unstable soils and high storm water flows. The completion date was updated to reflect the updated construction schedule. N/A Jennings Northwest 9 CP 1 3 0 7 Control Structure Installation Project: This project will install control structures on existing storm systems as needed to comply with NPDES permit requirements. 50,000 (Storm) 50,000 48,069 100%Oct-13 100%Jan-14 Wickstrom Final payment is in process. Estimated costs were adjusted to reflect actual costs. N/A RW Scott 10 CP 1 2 2 2 Citywide Traffic Signal Improvements: This project will construct safety improvements at a number of signals throughout the City. 81,916 (Street) 400,000 (Federal) 481,916 472,889 100%Oct-13 0%Jun-14 Lee Work is in suspension until March for material procurement. Parametrix Valley Electric of Mount Vernon Page 2 of 9 DI.B Page 158 of 169 Date: February 12, 2014 A Street, Utilities Project Budget ($) % Co m p l e t e Finish Date Project Manager Status Co n t r a c t o r Total Estimated Costs CAPITAL PROJECT STATUS REPORT Design Construction No. Proj. No.Location/Description Other Total Budget % Co m p l e t e Adv. Date De s i g n Co n s u l t a n t 11 CP 1 3 0 1 2013 Sidewalk Repair Project: This project will complete repair and replacement of existing sidewalks at various locations around Downtown and Auburn High School. 260,000 (328 Fund) 260,000 227,118 100%Jan-14 0%May-14 Carter Pre-construction meeting scheduled for February 18th. Estimated costs modified per contract award amount. N/A Trinity Contractors 12 CP 1 1 0 7 Fulmer Wellfield Improvements: This project will be done in phases. The first phase 1A will complete investigation of the Fulmer Wellfield area to determine the required analysis and drilling program needed to utilize the full water rights. Phase 1B will complete a drilling and testing program as well as an alternatives analysis. Phase 2 will complete the physical improvements. 2,200,000 (Water) 2,200,000 497,364 82%N/A Mar-14 Repp The estimated costs are for the Phase 1A only and will be revised when this phase is completed. Consultant work is underway. Technical findings from Phase 1A were discussed at the 10/21 PWC meeting. Golder Associates 13 CP 1 1 2 2 30th Street NE Storm Improvements: This project will replace the 30-inch storm drainage line along 30th Street NE from the north end of the Airport to the Brannon Park Storm Pump Station to address localized flooding issues. 2,974,699 (Storm) 2,974,699 2,822,299 97%Apr-14 Feb-15 Truong Consultant design work is nearing completion. Construction start and finish dates were modified to allow for construction during the summer months. Otak 14 CP 1 1 1 8 Auburn Way South Pedestrian Improvements - Dogwood to Fir Street: This project will construct a new street lighting system, landscaped median island, a designated mid-0block crosswalk, relocation of existing utility poles, and modifications to the existing signal at Dogwood St. This project also includes a public education element for pedestrian safety. 219,782 (Street) 130,039 (Water) 740,830 (State) 100,000 (Federal) 330,000 (MIT) 1,520,651 1,418,011 92%Apr-14 Mar-15 Sweeting Working with the Muckleshoot Indian Tribe (MIT) and WSDOT on potentially re-scoping the project to provide a signal at Fir Street in place of the pedestrian crossing at Elm Street. CH2MHill Page 3 of 9 DI.B Page 159 of 169 Date: February 12, 2014 A Street, Utilities Project Budget ($) % Co m p l e t e Finish Date Project Manager Status Co n t r a c t o r Total Estimated Costs CAPITAL PROJECT STATUS REPORT Design Construction No. Proj. No.Location/Description Other Total Budget % Co m p l e t e Adv. Date De s i g n Co n s u l t a n t 15 CP 1 1 1 9 Auburn Way South Corridor Improvements - Fir St. SE to Hemlock St. SE: This project will widen AWS between Fir and Hemlock Streets from 3 lanes to 5 lanes and includes new sidewalks, street lighting, transit improvements and install a new signal at Hemlock St. 200,849 (Street) 13,853 (Water) 40,300 (Sewer) 2,425,402 (TIB) 836,601 (MIT) 3,517,005 3,484,703 92%Apr-14 Mar-15 Sweeting The current plan is to construct CP1118 and CP1119 under the same construction contract. Working with MIT and WSDOT on project design issues. ROW secured from 2 of 6 property owners. CH2MHill 16 CP 0 9 1 5 Well 1 Improvements - Well Replacement: This project will rehabilitate or replace Well 1 so that it can function at full capacity and complete modifications to the Howard Road Corrosion Control Facility. 2,476,568 (Water) 2,476,568 2,400,000 90%Mar-14 Dec-14 Lee Consultant design is underway. Addressing comments following review from the Department of Health (DOH). Golder Associates 17 CP 1 2 0 8 Sewer Pump Station Improvements (Repair & Replacement Program): This project will repair and modify existing sanitary sewer pump station facilities located at: F St SE, R St NE, 22nd St NE, Rainer Ridge, Valley Meadows, 8th St NE, Area 19, North taps, Peasley Ridge, Riverside, and Terrace View to address access, corrosion resistance, site security and new generators where needed. 955,000 (Sewer) 955,000 955,000 92%Apr-14 Oct-14 Truong Design is underway. Construction start and completion dates modified to reflect additional time needed to secure easements. Jacobs/Norto n Corrission Page 4 of 9 DI.B Page 160 of 169 Date: February 12, 2014 A Street, Utilities Project Budget ($) % Co m p l e t e Finish Date Project Manager Status Co n t r a c t o r Total Estimated Costs CAPITAL PROJECT STATUS REPORT Design Construction No. Proj. No.Location/Description Other Total Budget % Co m p l e t e Adv. Date De s i g n Co n s u l t a n t 18 CP 1 0 2 4 AWS and M Street SE Intersection Improvements: This project will complete improvements at the intersection per Option 2 selected by the Public Works Committee, which includes adding a right turn lane from westbound Auburn Way S to M St SE and re-aligning the intersection of 17th St SE (on the north side of Auburn Way S) to be perpendicular to Auburn Way S. 250,000 (Street) 450,000 (TIB) 700,000 705,000 95%Apr-14 Dec-14 Sweeting AWS/M St. SE - Installed protected left turn for east/west bound traffic on AWS turning onto M St. SE (Completed) 17th/M St. SE - restrict left turn movements from 17th to M. (Completed) AWS/M St. SE Intersection - Option 2 was selected by the Committee, June 2012. Design work is underway. Working with WSDOT on channelization approvals. Property acquisition is underway. Construction completion date modified to reflect additional construction time needed for relocation of non-City utilities. N/A 19 CP 1 3 0 8 BNSF Utility Crossings Project: This project will address utility crossings of the BNSF right-of-way that will be affected by the 3rd rail line that BNSF/Sound Transit plan to building in March 2014. 780,000 (Water) 320,000 (Sewer) 500,000 (Storm) 1,600,000 1,600,000 70%Apr-14 Nov-14 Lee Consultant design work is underway. Coordination with BNSF for required permits is underway. Construction start and finish dates modified to reflect additional time needed to secure permits from BNSF. Parametrix 20 CP 1 1 0 9 2011 Storm Pipeline Repair and Replacement, Phase 2: This project will construct storm drainage improvements on Hi-Crest Drive NW. 377,740 (Storm) 377,740 411,195 60%May-14 Dec-14 Lee Design work underway. Lakehaven has requested that the City complete the relocation of their waterline at Lakehaven's costs as part of the project. This work is needed in order to construct the new storm line and execution of an agreement with Lakehaven is in progress. Construction start and finish dates modified to allow additional design time for Lakehaven watermain relocations. N/A Page 5 of 9 DI.B Page 161 of 169 Date: February 12, 2014 A Street, Utilities Project Budget ($) % Co m p l e t e Finish Date Project Manager Status Co n t r a c t o r Total Estimated Costs CAPITAL PROJECT STATUS REPORT Design Construction No. Proj. No.Location/Description Other Total Budget % Co m p l e t e Adv. Date De s i g n Co n s u l t a n t 21 CP 1 3 0 4 37th St & B St NW BNSF Pre-Signal: This project will complete improvements to the rail crossing at 37th Street NW and B Street NW to address safety concerns. 76,900 (Street) 307,550 (Federal) 384,450 384,450 50%May-14 Dec-14 Sweeting Consultant design work is on hold awaiting confirmation from BNSF on the signal pre-emption required. Coordination with private utilities for relocation work is also underway. KPG 22 CP 1 2 1 9 Valley AC Watermain Replacement: This project will repair or replace asbestos cement water lines along AWN, 49th and B St NW and at the M&O/Parks Maintenance area. 1,233,574 (Water) 1,233,574 1,208,722 35%May-14 Dec-14 Truong Design is underway. Construction start and completion dates modified to reflect modified project scope. N/A 23 CP 1 2 0 2 AWS Flooding Phase 2: This project will construct conveyance improvements on 17th Street SE from A Street SE to K Street SE and increase the capacity of the existing detention pond located on A Street SE. 1,638,000 (Storm) 1,638,000 1,638,000 35%Jun-14 Dec-14 Lee Consultant design work is underway.KPG 24 CP 1 1 0 4 104th Street & 8th Street NE Intersection Improvements: This project will provide safety improvements at the intersection of 8th Street SE and 104th Avenue SE, including signal modifications and sight distance improvements. 326,000 (Street) 100,000 (Fed. Grant) 426,000 250,000 30%Apr-14 Oct-14 Larson Design is underway.N/A 25 C2 2 2 A 277th - Auburn Way North to Green River Bridge: This project will complete the widening of S 277th from the intersection of Auburn Way North to L Street NE, including the construction of a pedestrian trail and relocation of the floodway along S 277th. 989,185 (Street) 1,020,700 (Federal) 2,300,000 (Developer) 4,000,000 (TIB) 8,309,885 8,309,885 25%Nov-14 Sep-15 Vondrak Consultant design and environmental permitting work is underway. Developer agreement is in place with Robertson Properties Group (RPG). Parametrix 26 CP 1 2 1 8 Auburn Way South & Riverwalk Intersection Improvements: This project will construct improvements to the intersection of AWS and Riverwalk Drive and complete minor widening and add additional capacity from the MIT Plaza signal to the Dogwood signal. 2,333,108 (Federal) 2,333,108 2,333,108 17%Jul-14 Nov-15 Sweeting Consultant design work is underway. Coordination with the Muckleshoot Indian Tribe (MIT) is in process. CH2MHill Page 6 of 9 DI.B Page 162 of 169 Date: February 12, 2014 A Street, Utilities Project Budget ($) % Co m p l e t e Finish Date Project Manager Status Co n t r a c t o r Total Estimated Costs CAPITAL PROJECT STATUS REPORT Design Construction No. Proj. No.Location/Description Other Total Budget % Co m p l e t e Adv. Date De s i g n Co n s u l t a n t 27 CP 1 3 2 2 Annual Traffic Signal Improvements: This project includes procuring and installing traffic signal equipment upgrades for existing signals. 245,000 (328 Fund) 245,000 245,000 25%Sep-14 Dec-14 Larson/ Barba Design Work is underway.N/A 28 CP 1 4 0 2 2014 Citywide Pavement Patching and Overlay Project: This project will complete pavement pathcing and overlay treatments on arterial, collector and local roadways for the purpose of pavement preservation throught the City. 173,000 (ICON) 2,774,100 3,014,700 4%Jun-14 Dec-14 Carter Design underway. Project was initiated at previuos Public Works Committee meeting and added to this list. N/A 29 C5 1 2 A Well 4 Improvements: This project will construct a new building to house a standby generator and disinfection equipment. 1,306,288 (Water) 1,306,288 1,296,820 95%Mar-14 Oct-14 Wickstrom Consultant design work is underway. Comments from the Department of Health (DOH) are being addressed. RH2 30 CP 0 7 6 5 Lakeland Hills Reservoir Improvement: This project will provide various improvements at the reservoir, including painting, seismic upgrades, and facility modifications. 400,000 (Water) 400,000 400,000 75%Sep-14 Aug-15 Larson Consultant work underway for completion of design to accommodate recent improvements at the site. Gray & Osborne 31 C2 2 9 A BNSF/EVH Pedestrian Undercrossing: This project will construct a pedestrian undercrossing of both East Valley Highway (A St SE) and the BNSF rail tracks just north of the White River. 385,000 (State) 385,000 9,000,000 60%Hold Hold Vondrak Final design on hold pending BNSF issues. Additional funds will be required to complete design, environmental permitting, and construction. N/A 32 CP 0 9 0 6 2009 Gateway Project: This project will construct a new gateway sign at East Valley Highway and Lake Tapps Parkway. 100,000 (Gen Fund) 100,000 100,000 30%Hold Hold Lee Easement acquisition completed. Project on hold.N/A CPS TOTAL 38,583,155 35,328,033 73,811,188 79,478,288 Page 7 of 9 DI.B Page 163 of 169 Date: February 12, 2014 No. Proj. No.Location/Description Local Street Funds (103) Utilities Other Total Budget % Co m p l e t e Adv. Date % Co m p l e t e Finish Date Project Manager Status32 33 CP 1 2 2 4 2013 Local Street Reconstruction: This project will complete the reconstruction of the following local roadways: 23rd St SE - M to R St SE H St NE - 4th to 8th 5th St NE - H to Cul-de-sac Park Ave - AWN to Park Also included in this project is the replacement of waterline on V St SE, from 2nd to 4th St SE. 2,400,000 650,000 (Water) 200,000 (Sewer) 3,250,000 2,454,969 100%May-13 99%Feb-14 Wickstrom Work is underway with only punchlist work remaining on all streets. Weather and the holidays have pushed the finish date into February 2014. Budget numbers corrected to reflect current budget. Jacobs Rodarte Other SOS Projects: CP1302, 2013 Pavement Patching, Chip Seals, and Overlays. 223,920 223,920 176,964 Wickstrom For Status see CP1302. Budget numbers modified to reflect current budget. Other SOS Projects: CP1402, 2014 Citywide Pavement Patching and Overlays. 176,100 176,100 176,100 Carter For Status see CP1402. 2,400,000 850,000 - 3,250,000 2,454,969 34 CP 1 3 2 3 2014 Local Street Reconstruction Project: This project will complete the reconstruction of the following local roadways: K St NE - East Main to 4th St NE H St SE & 19th St SE - 21ST St SE to 17th St SE 24th St SE - M St SE to R St SE 1,548,162 250,000 (Water) 500,000 (Sewer) 2,298,162 2,869,950 7%Jun-14 Dec-14 Carter Design is underway. Budget carry forward of unspent 2013 funds in the amount of $505,000 is anticipated as well as additional water funds to complete the work. Jacobs TBD Other SOS Projects: 2014 Pavement Patching and Overlays.176,083 176,083 176,083 Carter Local Street's have been selected and reviewed by PWC, awaiting Arterial street selection to begin design. 1,724,245 750,000 - 2,474,245 3,046,033 3,096,767 2013 & 2014 TOTAL SOS PROGRAM 4,124,245 1,600,000 - 5,724,245 5,501,002 De s i g n Co n s u l t a n t Co n t r a c t o r 2014 SOS Program Totals SOS PROGRAM STATUS REPORT Project Budget ($) Total Estimated Costs Design Construction 2013 SOS Program Totals Page 8 of 9DI.B Page 164 of 169 Date: February 12, 2014 No. Proj. No.Location/Description % C o m p l e t e Adv. Date % C o m p l e t e Finish Date Staff Manager Action Committee Status A CP 1 1 1 5 City Hall NW Plaza Improvements: This project will renovate the NW entrance to City Hall similar to the recent improvements on the south side of City Hall. Work will include new pavement, updated lighting, ADA Ramp upgrades and new City Hall signage. 475,977 458,570 99%TBD TBD Chamberlain PCDC Consultant work is on hold pending scope discussion with committee on LRF bond funds likely to occur in early 2014. KPG B CP 1 0 1 6 Fenster Levee Project: This project will complete new levee improvements on the Fenster Levee along the Green River. 1,266,100 1,265,000 65%Jun-14 Dec-14 Andersen PCDC Work will be completed by King County. Secured funding is from 4 Grants and matching storm funds. The additional 327k in SRFB funding was awarded. Pre-Design work is complete. The Design by King County is underway with the review of comments from SRFB. Funding agency must approve design and schedule has been updated to reflect this. Environmental approvals are also in process. King County King County TOTAL OTHER PROJECTS 1,742,077 1,723,570 Total Budget OTHER PROJECTS - ACTION BY OTHER COMMITTEE Total Estimated Costs Design Construction De s i g n C o n s u l t a n t Co n t r a c t o r Page 9 of 9DI.B Page 165 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: Significant Infrastructure Projects by Others - Public Works Status Report Date: February 10, 2014 Department: Public Works Attachments: Significant Infrastructure Projects by Others Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember:Osborne Staff:Gaub Meeting Date:February 18, 2014 Item Number:DI.C AUBURN * MORE THAN YOU IMAGINEDDI.C Page 166 of 169 Date: February 12, 2014 No. Sponsor/ Applicant Location/Description Length Permit(s) Issued Anticipated Completion Date Per Applicant Status 1 Green River Community College 320th Street Improvements: This project will widen 320th Street along the frontage of Green River Community College from 124th Ave Se to the west College Boundary. 1325 Feet Yes Jan-14 Construction work is complete with the exception on issues with the flashers for the crosswalk, the contractor is trouble shooting this issue. 2 King County Wastewater 17th Street SE, K St SE to C St SW - Trunk Sewer Main Installation: This project will install a 42-inch sewer trunk line along 17th Street SE from K Street SE to C Street SW including crossing the BNSF rail yard. 3050 Feet Yes Feb-14 Project is under construction. The roadway channelization work is in progress but is weather dependant. Survey monuments are yet to be completed. 3 Puget Sound Energy 17th Street SE, K St SE to F St SE - Gas Main Replacement: This project will replace the existing 2-inch gas main along 17th Street SE from K Street SE to F Street SE. 1345 Feet Yes Feb-14 Construction has begun along the north side of 17th Street (opposite side from the County's work). Some sidewalks are being removed and will be replaced to complete this work. 4 King County Flood Control District Reddington Levee: This project will replace the Reddington Levee from approximately 26th St NE to 43rd Street NE. 0.9 Miles Yes Summer 2014 Facility Extension permit and Construction permits have been issued. Contractor work will be on-going through 2013. Paving of the levee roadway is complete. 5 Auburn School District Auburn High School Replacement: This project will include roadway and utility improvements to support the new Auburn High School. Improvements include modifications to Storm, Water and Sanitary Sewer mainlines and roadway improvements on Main Street and 4th Street NE. N/A - Multiple Block Development Yes Summer 2015 Work on the Phase 1 portion of the project has begun and is anticipated to be completed in 2015. Phase 2 plans have been approved. Utility work is on schedule and their main focus is the building construction at this time. Addressing erosion control issues on site, DOE is involved. 6 Puget Sound Energy 2nd Street NE Gas Main Replacement: This project will replace the 6-inch gas main on 2nd Street NE from Auburn Avenue to D Street SE, including a crossing of Auburn Way North, then continue south on D Street NE to Main Street. 1215 Feet Yes Mar-14 Gas main has been installed. PSE will complete appropriate patching and overlay work as weather allows which is anticipated to continue into late March. 7 Yarrow Bay Development 124th Ave SE Half Street Road Improvements: This project will complete half street roadway improvements on 124th Ave SE from SE 304th St. north to approximately SE 290th St. for the 3rd phase of the Verdana (Bridges) Plat development that is in Kent. 3,800 Feet Yes Early 2014 Work is underway. Contractor has completed the roadway widening and utility work. Remaining work includes landscaping, fence installation, and final punch list. SIGNIFICANT INFRASTRUCTURE PROJECTS BY OTHERS - PUBLIC WORKS STATUS REPORT NOTE: Projects included on this list are those that have a broad public interest, significant impact to the public, involve interlocal agreements, and/or may include the installation of key infrastructure by others (such as pump stations etc.) 1 of 1 DI.C Page 167 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: Action Tracking Matrix Date: February 10, 2014 Department: Public Works Attachments: Matrix Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff:Gaub Meeting Date:February 18, 2014 Item Number:DI.D AUBURN * MORE THAN YOU IMAGINEDDI.D Page 168 of 169 Updated: 2/10/2014 4:34 PM No.Item Description Staff Lead Next PWC Review Date Estimated Completion Date Status A Track completed project on the Current Year Active Capital Improvement Projects Map Sweeting/ Vondrak 4/21/2014 N/A Ongoing - Quarterly updates B System Development Charges Repp 4/7/2014 4/21/2014 Consultant to complete analysis C Cost of Service Analysis Repp 5/5/2014 5/19/2014 Consultant to complete analysis D Transportation Impact Fee Structure Analyses Para N/A 3/31/2014 Detailed process and regulatory review of Traffic Impact Fee system will be presented at the March Committee of the Whole. E Auburn Way South SR-164 Corridor Plan Review Para 6/2/2014 6/2/2014 Review SR-164 Corridor Plan. F Crosswalk at GRCC on 320th Street SE Para TBD TBD Will update committee when crossing warning lights are functioning. Public Works Committee - Action Tracking Matrix DI.D Page 169 of 169