HomeMy WebLinkAbout05-05-2014 PUBLIC WORKS COMMITTEE PACKET
Public Works Committee
May 5, 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*
Approve the minutes of the April 21, 2014 Public Works Committee meeting
III.ACTION
A. Right-of-Way Use Permit No. 14-09* (Mund)
Approve Right-of-Way Use Permit No. 14-09 for The Auburn Downtown
Association Wine and Music Festival
B. Right-of-Way Use Permit No. 14-11* (Mund)
Approve Right-of-Way Use Permit No. 14-11 for Sound Transit
C. Resolution No. 5062* (Mund)
A Resolution of the City Council of the City of Auburn, Washington, Setting a
Public Hearing to Consider a Franchise Agreement with tw telecom of washington
llc
D. Public Works Project No. CP1208* (Truong)
Grant permission to advertise for bids for Project No. CP1208, Sewer Pump
Station Improvements
E. Public Works Project No. CP1104* (Larson)
Grant permission to advertise for bids for Project No. CP1104, 8th Street NE and
104th Avenue SE Intersection Improvements, Contract 14-09
F. Resolution No. 5066* (Para)
A Resolution of the City Council of the City of Auburn, Washington, Authorizing the
Mayor to Amend the Memorandum of Agreement with Pierce County for the
Purpose of Providing Road Services
G. Resolution No. 5064* (Fenhaus)
A Resolution of the City Council of the City of Auburn, Washington, Authorizing the
Mayor to Execute an Agreement Between the City of Auburn and the U.S.
Geological Survey for Water Resources Investigations
IV.DISCUSSION ITEMS
Page 1 of 103
A. Ordinance No. 6504* (Heid)
An Ordinance of the City Council of the City of Auburn, Washington, creating a
new Chapter 2.08 of the Auburn City Code establishing an Independent Salary
Commission
B. Water Comprehensive Plan Policies (Fenhaus)
C. Sanitary Sewer Comprehensive Plan Policies (Elwell)
D. Storm Drainage Comprehensive Plan Policies (Carlaw)
E. Engineering Organizational Overview (Gaub)
F. Capital Project Status Report* (Vondrak)
G. Significant Infrastructure Projects by Others - Public Works Status Report*
(Gaub)
H. Action Tracking Matrix* (Gaub)
V.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 103
AGENDA BILL APPROVAL FORM
Agenda Subject:
Approval of Minutes
Date:
April 29, 2014
Department:
Public Works
Attachments:
Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee to approve the minutes of the April 21, 2014 Public Works
Committee meeting.
Background Summary:
See attached draft minutes.
Reviewed by Council Committees:
Public Works
Councilmember:Osborne Staff:
Meeting Date:May 5, 2014 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 3 of 103
Public Works Committee
April 21, 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, Assistant Director of Engineering/City Engineer
Ingrid Gaub, Finance Director Shelley Coleman, Acting Utilities
Engineer Susan Fenhaus, Transportation Manager Pablo Para, Storm
Drainage Engineer Tim Carlaw, Development Review Engineer Jason
Krum, Street Systems Engineer Jai Carter, Project Engineer Seth
Wickstrom, Traffic Engineer James Webb, Senior Project Engineer
Jacob Sweeting, M&O Support Manager Janine Poulsen, Planning
Services Manager Elizabeth Chamberlain and Public Works Secretary
Molly Hoisington.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no modifications to the agenda.
II. CONSENT AGENDA
A. Approval of Minutes
It was moved by Vice-Chair Peloza, seconded by Member DaCorsi,
that the Committee approve the Public Works Committee Meeting
minutes for date, April 7, 2014.
Motion carried 3-0.
III. ACTION
A. Dunda Leak Adjustment (Coleman)
Finance Director Coleman explained that this item was discussed at
Page 1 of 6
CA.A Page 4 of 103
the last Public Works Committee meeting. The proposed leak
adjustment is in the amount of $2,943.96. Chairman Osborne
confirmed that this includes a requirement for a settlement agreement.
Finance Director Coleman confirmed and stated Legal will need draft
the settlement agreement.
It was moved by Vice-Chair Peloza, seconded by Member DaCorsi,
that the Committee recommend City Council approve Dunda Leak
Adjustment.
Motion carried 3-0.
B. Surface Water Management Manual Revisions to Volumes 1, 3, 5, &
Manual Preface (Carlaw and Krum)
Approve the 2009 City of Auburn Surface Water Management Manual
revisions to Volumes 1, 3, 5 & Manual Preface as shown in
Attachment A
Storm Drainage Engineer Carlaw and Development Review Engineer
Krum introduced themselves to the Committee. Storm Drainage
Engineer Carlaw explained the need for the revisions.
Storm Drainage Engineer Carlaw responded to a question that was
asked by Member DaCorsi regarding the language on page 25.
Storm Drainage Engineer Carlaw and Development Review Engineer
Krum answered a question asked by Chairman Osborne regarding the
software system requirements.
Storm Drainage Engineer Carlaw replied to a question asked by
Chairman Osborne regarding terminology used in the revision.
It was moved by Vice-Chair Peloza, seconded by Member DaCorsi,
that the Committee approve the Surface Water Management Manual
Revisions.
Motion carried 3-0.
C. Public Works Project No. C512A (Wickstrom)
Grant permission to advertise for bids for Project No. C512A, Well 4
Emergency Power Improvements
Project Engineer Wickstrom explained that staff is asking for
permission to advertise for the Well 4 project. This project will provide
emergency power, upgrade the chlorination system, and install
security fencing at the facility. Bidding is anticipated to start in May,
construction possibly in July but may be delayed due to water demand
in July.
Page 2 of 6
CA.A Page 5 of 103
Project Engineer Wickstrom replied to a question asked by Chairman
Osborne regarding construction of a new building to house the
chlorination system and generator.
Acting Utilities Engineer Fenhaus responded to a question asked by
Chairman Osborne regarding how often the existing pump runs.
It was moved by Vice-Chair Peloza, seconded by Member DaCorsi,
that the Committee recommend City Council grant permission to
advertise for bids for Project No. C512A, Well 4 Emergency Power
Improvements.
Motion carried 3-0.
D. Public Works Project No. CP1024 (Sweeting)
Grant permission to advertise for bids for Project No. CP1024, Auburn
Way S and M Street SE Intersection Improvements, Contract 14-06
Senior Project Engineer Sweeting explained this project will add a
right turn lane to Auburn Way South when traveling westbound
towards M Street SE. It will also re-align the intersection with 17th
Street to be perpendicular with Auburn Way South.
Senior Project Engineer Sweeting responded to a question asked by
Chairman Osborne regarding the Puget Sound Energy work.
Transportation Manager Para responded to a question asked by
Chairman Osborne that there will be an addition of a right turn arrow
to the signal.
Vice-Chair Peloza made a comment regarding the property
acquisitions for this project which are complete.
Senior Project Engineer Sweeting answered a question asked by
Vice-Chair Peloza regarding the bid process.
Senior Project Engineer Sweeting responded to a question asked by
Chairman Osborne regarding potential cost impacts.
It was moved by Vice-Chair Peloza, seconded by Member DaCorsi,
that the Committee recommend City Council grant permission to
advertise for bids for Project No. CP1024, Auburn Way South and M
Street SE Intersection Improvements, Contract 14-06.
Motion carried 3-0.
E. Public Works Project No. C524A (Sweeting)
Award Contract No. 14-05 to R.L. Alia Company on their low bid of
$473,485.35 plus Washington State sales tax of $44,969.45 for a total
Page 3 of 6
CA.A Page 6 of 103
contract price of $518,454.80 for Project No. C524A Utility Physical
Site Improvements
Senior Project Engineer Sweeting explained this project is part of the
SCADA Upgrades project and will construct security upgrades
including site fencing, equipment panel shelters, gates, and other
enhancements at various sewer, storm and water facilities throughout
the City.
Senior Project Engineer Sweeting responded to a question asked by
Chairman Osborne regarding project funding.
Assistant Director of Engineering/City Engineer Gaub answered a
question asked by Chairman Osborne regarding the Engineer’s
Estimate and sales taxes.
Senior Project Engineer Sweeting replied to a question asked by
Member DaCorsi regarding the contractor indicating that the City has
worked with this contractor on a previous project.
It was moved by Vice-Chair Peloza, seconded by Member DaCorsi,
that the Committee recommend City Council award Contract No. 14-
05 to R.L. Alia Company on their low bid of $473,485.35 plus
Washington State sales tax of $44,969.45 for a total contract price of
$518,454.80 for Project No. C524A Utility Physical Site
Improvements.
Motion carried 3-0.
IV. DISCUSSION ITEMS
A. Resolution No. 5063 (Bailey)
A Resolution of the City Council of the City of Auburn, Washington
declaring certain items of property as surplus and authorizing their
disposal
M&O Support Manager Paulson was present to address any
questions from the Committee. There were no questions.
B. Draft 2015-2020 Transportation Improvement Plan (Webb)
Traffic Engineer Webb and Transportation Manager Para responded
to a question asked by Vice-Chair Peloza regarding the Summary of
Proposed Amendments to the 2014-2019 TIP on the Memorandum.
Transportation Manager Para answered a question asked by
Chairman Osborne regarding the additions on the Memorandum.
Transportation Manager Para clarified information on page 34 per the
request from Member DaCorsi.
Page 4 of 6
CA.A Page 7 of 103
Member DaCorsi, Chairman Osborne, Assistant Director of
Engineering/City Engineer Gaub and Transportation Manager Para
had a brief discussion regarding railroad crossing safety
improvements.
C. 2014 Local Street Reconstruction Project Briefing (CP1323) (Carter)
Street Systems Engineer Carter explained this is in an effort to
increase open communications with the public and provide public
outreach to the citizens that are affected by our projects. Currently,
the plan is to have four different open houses at local schools near the
streets that are proposed to be improved. The open houses will advise
citizens what they can expect to see during construction and who they
can contact if there are any issues or comments. A project timeline will
also be presented and attendees will have an opportunity to voice
their comments or concerns.
Street Systems Engineer Carter briefed Committee on the four project
sites:
H Street SE design features
- Roadway reconstruction to preserve the existing width
- Improved drainage and safety features
- Existing roadway does not have sidewalk and curbs and the project
will not complete these - Parking is not being accommodated due to
the narrowness of the road, this may be a concern at the open house
K Street NE design features
- Roadway and curb reconstruction
- Installation of water and sewer lines
- Sidewalk patching is anticipated but is not proposed to be complete
replacement, this may be a concern at the open house
24th Street SE design features
- Roadway and curb reconstruction
- Installation of water line
- Sidewalk patching is anticipated but is not proposed to be complete
replacement
- No significant issues are anticipated at this open house
3rd street will likely be constructed during 2015 due to budget
constraints.
Street Systems Engineer Carter responded to a question asked by
Chairman Osborne regarding property easements on the H Street SE
project site.
Page 5 of 6
CA.A Page 8 of 103
There was a brief discussion amongst Street System Engineer Carter,
Assistant Director of Engineering/City Engineer Gaub and Chairman
Osborne in response to a question asked by Chairman Osborne
regarding the parking issue on the H Street SE project site.
Assistant Director of Engineering/City Engineer Gaub, Chairman
Osborne, Vice-Chair Peloza and Street System Engineer Carter
briefly discussed the sidewalk patching associated with the K Street
NE project site.
D. Capital Project Status Report (Sweeting)
Item 22 – 37th St & B St NW BNSF Pre-Signal:
Answering a question asked by Member DaCorsi, Senior Project
Engineer Sweeting explained what the improvements of the project
are.
Item 31 – BNSF/EVH Pedestrian Undercrossing:
Assistant Director of Engineering/City Engineer Gaub responded to a
question asked by Member DaCorsi regarding project funding and the
reason the project is currently on hold.
E. Significant Infrastructure Projects by Others - Public Works Status
Report (Gaub)
Item 2 – 17th Street SE, K St SE to F St SE – Gas Main Replacement:
Assistant Director of Engineering/City Engineer Gaub provided an
update on paving in response to a question asked by Chairman
Osborne.
F. Action Tracking Matrix (Gaub)
Item F – Amberview Apartments Sewer Odor:
Vice-Chair made a comment that he has not heard any complaints
about odor.
V. ADJOURNMENT
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 4:27 p.m.
Approved this ___ day of ________, 2014.
_______________________ __________________________
Wayne Osborne Molly Hoisington
Chairman Public Works Department Secretary
Page 6 of 6
CA.A Page 9 of 103
AGENDA BILL APPROVAL FORM
Agenda Subject:
Right-of-Way Use Permit No. 14-09
Date:
April 29, 2014
Department:
Public Works
Attachments:
Permit Conditions
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee approve Right-of-Way Use Permit No. 14-09 for The Auburn
Downtown Association Wine and Music Festival.
Background Summary:
The Auburn Downtown Association has requested a Right-of-Way Use Permit for their
annual Wine and Music Festival to be held from 8:00 am to 9:00 pm on Saturday, July
19, 2014. The applicant has requested the use of East Main Street from Auburn Ave/A
St SE to Auburn Way North/South and B Street NE from East Main Street to 1st Street
NE. See attached map for details.
Reviewed by Council Committees:
Public Works
Councilmember:Osborne Staff:Mund
Meeting Date:May 5, 2014 Item Number:ACT.A
AUBURN * MORE THAN YOU IMAGINEDACT.A Page 10 of 103
Right-of-Way Use Permit Special Conditions
for ROW Use Permit 14-09
Staff recommends approval of the permit, subject to the following
conditions:
1. Applicant’s failure to comply with any provisions/conditions of this
permit shall be terms for immediate termination.
2. Applicant shall maintain current insurance throughout the life of the
permit and provide the City with proof that they are insured.
3. Applicant shall provide a signed and notarized Hold Harmless
agreement.
4. Applicant shall comply with the City’s nuisance code under ACC 8.12.
5. Applicant shall keep the public ROW free of litter and drink or food
waste.
6. The City reserves the right to adjust the terms and conditions or revoke
this Right-of-Way Use Permit pending the following considerations:
a. Public complaints involving perceived issues impacting public use
of the ROW affected by the permit.
b. Public comment or other community interest concerns.
c. Any emerging issue or change in use of the ROW that may impact
the public interest, as follows:
i. The remaining capacity of the rights-of-way to accommodate
other uses if the applicant’s proposed use is granted.
ii. The effect, if any, on public health, safety, and welfare if the
authorization is granted.
iii. Such other factors as may demonstrate that the grant to use
the rights-of-way will serve the community interest.
7. Applicant shall return the right-of-way to the same condition they found
it, and shall remove any garbage or equipment they bring in.
8. Applicant shall assure the right-of-way area will be open for emergency
response if needed.
9. Road Closures starting July 19, 2014 at 8:00 am until July 19, 2014
at 9:00 pm Applicant shall have all clean up complete and the street
reopened by 9:00 pm on Saturday, July 19, 2014.
a. East Main St from Auburn Ave to Auburn Way
b. B Street NE from south side of alley to E Main Street including both
parking lots on the west side of B Street NE.
c. City of Auburn Streets Division will provide, set up and take down of
road closure signage and advanced notification of “No Parking”
signage on closed streets and for both parking lots on the west side
of B Street NE.
ACT.A Page 11 of 103
ACT.APage 12 of 103
AGENDA BILL APPROVAL FORM
Agenda Subject:
Right-of-Way Use Permit No. 14-11
Date:
April 29, 2014
Department:
Public Works
Attachments:
Permit Conditions
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee approve Right-of-Way Use Permit No. 14-11 for Sound Transit.
Background Summary:
Sound Transit has applied for renewal of a Right-of-Way Use Permit for a term of 5
years. This permit is for two existing directional signs in the right-of-way on the corner of
2nd Street SW and A Street SW and just south of the C Street SW Park and Ride
entrance under the SR-18/3rd Street On Ramp overpass. Please see the attached map.
Sound Transit will not be installing any additional signs. This permit is for existing signs
already in the right-of-way that were installed under a previous permit that will be
expiring on May 19, 2014 and needs to be renewed.
Reviewed by Council Committees:
Public Works
Councilmember:Osborne Staff:Mund
Meeting Date:May 5, 2014 Item Number:ACT.B
AUBURN * MORE THAN YOU IMAGINEDACT.B Page 13 of 103
Right-of-Way Use Permit Special Conditions
for ROW #14-11
Staff recommends approval of the permit, subject to the following
conditions:
1. Applicant’s failure to comply with any provisions/conditions of this
permit shall be terms for immediate termination.
2. Applicant shall maintain current insurance throughout the life of the
permit and provide the City with proof that they are insured.
3. Applicant shall provide a signed and notarized Hold Harmless
agreement.
4. Applicant shall comply with the City’s nuisance code under ACC 8.12
5. The City reserves the right to adjust the terms and conditions or revoke
this Right-of-Way Use Permit pending the following considerations:
a. Public complaints involving perceived issues impacting public use
of the ROW affected by the permit.
b. Public comment or other community interest concerns.
c. Any emerging issue or change in use of the ROW that may impact
the public interest, as follows:
i. The remaining capacity of the rights-of-way to accommodate
other uses if the applicant’s proposed use is granted.
ii. The effect, if any, on public health, safety, and welfare if the
authorization is granted.
iii. Such other factors as may demonstrate that the grant to use
the rights-of-way will serve the community interest.
ACT.B Page 14 of 103
ACT.B Page 15 of 103
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5062
Date:
April 22, 2014
Department:
Public Works
Attachments:
Resolution No. 5062
Draft Ordinance No. 6506
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee to recommend that City Council approve Resolution No. 5062
setting the date of the public hearing for Franchise Agreement No. 14-06 for tw telecom
of washington llc for May 19, 2014.
Background Summary:
Resolution No. 5062 sets the date of the public hearing for Franchise Agreement No.
14-06 tw telecom of washington llc for May 19, 2014 at 7:30 pm in Council Chambers.
Franchise Agreement No. 14-06, Draft Ordinance No. 6506 is attached as back up
documentation for Resolution No. 5062. 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.
tw telecom of washington llc has applied for a Franchise Agreement to be able to
operate and build within the City’s rights of way a telecommunications network. The
applicant will offer integrated data services, dedicated internet access and provide local
and long distance voice services to commercial customers. The proposed franchise area
is all rights of way in the City, as tw telecom will lease facilities from CenturyLink and
other telecom companies throughout the City to provide service. The applicant is
requesting the entire City as the proposed franchise area so that future installation of
their facilities may be accommodated without having to amend the agreement for each
installation. Exact locations, plans, engineering and construction schedules would be
reviewed, approved and managed through the City’s permitting processes that are a
requirement of the Franchise Agreement.
Reviewed by Council Committees:
Planning And Community Development, Public Works
AUBURN * MORE THAN YOU IMAGINEDACT.C Page 16 of 103
Councilmember:Osborne Staff:Mund
Meeting Date:May 5, 2014 Item Number:ACT.C
AUBURN * MORE THAN YOU IMAGINEDACT.C Page 17 of 103
----------------------------
Resolution No. 5062
Franchise Agreement No. 14-06
April 7, 2014
Page 1
RESOLUTION NO. 5062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A PUBLIC HEARING
TO CONSIDER A FRANCHISE AGREEMENT WITH TW
TELECOM OF WASHINGTON LLC
WHEREAS, tw telecom of washington llc has applied to the City for a non-exclusive
Franchise Agreement for the right of entry, use, and occupation of certain public rights-of-
way within the City of Auburn, expressly to install, construct, erect, operate, maintain,
repair, relocate and remove its facilities in, on, upon, along and/or across those right(s)-of-
way; and
WHEREAS, the Public Works Committee of the Auburn City Council has reviewed
tw telecom’s application materials, and, pursuant to ACC 20.06.040, the Public Works
Committee has recommended to the City Council that it schedule a public hearing on the
application; and
WHEREAS, the City Council agrees with the recommendation of the Public Works
Committee,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That a hearing on the application by tw telecom of washington llc for
a Franchise Agreement with the City of Auburn is hereby set for 7:30 p.m. on the 19th day
of May, 2014, at the City Council Chambers at 25 West Main Street, Auburn, Washington,
98001, with all persons wishing to speak to the application at the public hearing being
invited to attend.
ACT.C Page 18 of 103
----------------------------
Resolution No. 5062
Franchise Agreement No. 14-06
April 7, 2014
Page 2
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
posting notice of such public hearing as required by State law and City Ordinance.
Section 3. This Resolution shall be in full force in 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
ACT.C Page 19 of 103
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 1 of 19
ORDINANCE NO. 6506
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
TW TELECOM OF WASHINGTON LLC, A
DELAWARE LIMITED LIABILITY COMPANY, A
FRANCHISE FOR TELECOMMUNICATIONS
WHEREAS, tw telecom of washington llc (“Grantee”) has applied to the
City of Auburn (“City”) for a non-exclusive Franchise for the right of entry, use,
and occupation of certain public right(s)-of-way within the City, expressly to
install, construct, erect, operate, maintain, repair, relocate and remove its
facilities in, on, over, under, along and/or across those right(s)-of-way; and
WHEREAS, following proper notice, the City Council held a public hearing
on 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, from information presented at such public hearing, and from
facts and circumstances developed or discovered through independent study and
investigation, the City Council now deems it appropriate and in the best interest
of the City and its inhabitants that the franchise be granted to Grantee,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated herein, the City grants to
the Grantee general permission to enter, use, and occupy the right(s)-of-way
and/or other public property specified in Exhibit “A,” attached hereto and
incorporated by reference (the “Franchise Area”).
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate and repair the types of facilities specified in Exhibit
“B,” attached hereto and incorporated by reference, and all necessary
appurtenances thereto, (“Grantee Facilities”) for provision of those services set
forth in Exhibit “C” (“Grantee Services”) in, along, under and across the
Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee Facilities and Grantee Services, and
it extends no rights or privilege relative to any facilities or services of any type,
ACT.C Page 20 of 103
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 2 of 19
including Grantee Facilities and Grantee Services, on public or private property
elsewhere within the City.
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, unless the City determines that entering into such agreements interferes
with Grantee’s right set forth herein.
E. Except as explicitly set forth herein, this Franchise does not waive
any rights that the City has or may hereafter acquire with respect to the
Franchise Area or any other City roads, rights-of-way, property, or any portions
thereof. This Franchise shall be subject to the power of eminent domain, and in
any proceeding under eminent domain, the Grantee acknowledges its use of the
Franchise Area shall have no value.
F. The City reserves the right to change, regrade, relocate, abandon,
or vacate any right-of-way within the Franchise Area. If, at any time during the
term of this Franchise, the City vacates any portion of the Franchise Area
containing Grantee Facilities, the City shall reserve an easement for public
utilities within that vacated portion, pursuant to RCW 35.79.030, within which the
Grantee may continue to operate any existing Grantee Facilities under the terms
of this Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 2. Notice
A. Written notices to the parties shall be sent by certified mail to the
following addresses, unless a different address shall be designated in writing and
delivered to the other party.
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
ACT.C Page 21 of 103
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 3 of 19
Telephone: 253-931-3039
Grantee: Greg Diamond
Vice President, Regulatory
tw telecom of washington llc
10475 Park Meadow Drive
Littleton, CO 80124
Telephone: 206-676-8052
with a copy to:
Tina Davis
Senior VP & General Counsel
tw telecom of washington llc
10475 Park Meadow Drive
Littleton, CO 80124
Telephone: 303-566-1279
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 Grantee voice telephone numbers shall be
staffed at least during normal business hours, for their respective time zones.
The City may contact Grantee at the following number for emergency or other
needs outside of normal business hours of the Grantee: Network Operations
Center 1-800-829-0420
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). Any materials submitted by the Grantee for
a previous application may be considered by the City in reviewing a current
application, and the Grantee shall only submit those materials deemed
necessary by the City to address changes in the Grantee Facilities or Grantee
Services, or to reflect specific reporting periods mandated by the ACC.
C. Failure to Renew Franchise – Automatic Extension. If the Parties
fail to formally renew this Franchise prior to the expiration of its term or any
ACT.C Page 22 of 103
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 4 of 19
extension thereof, the Franchise automatically continues month to month until
renewed or either party gives written notice at least one hundred and eighty (180)
days in advance of intent not to renew the Franchise.
Section 4. Definitions
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 and replacing the existing Grantee Facilities or any part thereof as
required and necessary for safe operation.
“Relocation” means permanent movement of Grantee facilities required by the
City, and not temporary or incidental movement of such facilities, or other
revisions Grantee would accomplish and charge to third parties without regard to
municipal request.
“Rights-of-Way” means the surface and the space above and below streets,
roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements,
rights-of-ways and similar public properties and areas.
Section 5. Acceptance of Franchise
A. This Franchise, and any rights granted hereunder, shall not
become effective for any purpose unless and until Grantee files with the City
Clerk (1) the Statement of 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 30 days after the effective date of the ordinance approving the
Franchise, the City’s grant of the Franchise will be null and void.
Section 6. Construction and Maintenance
ACT.C Page 23 of 103
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 5 of 19
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 at
the expense of the Grantee.
D. Before commencing any work within the public right-of-way, the
Grantee shall comply with the One Number Locator provisions of RCW Chapter
19.122 to identify existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City and in
accordance with City ordinances, Grantee shall have the authority to reasonably
trim trees upon and overhanging streets, public rights-of-way, and 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 a land clearing permit.
Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence such repair
and emergency response work as required under the circumstances, provided
that the Grantee shall notify the City in writing as promptly as possible, before
such repair or emergency work commences, or as soon thereafter as possible, if
advance notice is not practical. The City may act, at any time, without prior
written notice in the case of emergency, but shall notify the Grantee in writing as
promptly as possible under the circumstances.
Section 8. Damages to City and Third-Party Property
ACT.C Page 24 of 103
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 6 of 19
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 to the satisfaction
of the City Engineer.
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee’s, which was installed, constructed, completed or in
place prior in time to Grantee’s application for a permit to construct or repair
Grantee Facilities under this Franchise shall have preference as to positioning
and location with respect to the Grantee Facilities. However, to the extent that
the Grantee Facilities are completed and installed prior to another utility’s
submittal of a permit for new or additional structures, equipment, appurtenances
or tangible property, then the Grantee Facilities shall have priority. These rules
governing preference shall continue in the event of the necessity of relocating or
changing the grade of any City road or right-of-way. A relocating utility shall not
necessitate the relocation of another utility that otherwise would not require
relocation. This Section shall not apply to any City facilities or utilities that may in
the future require the relocation of Grantee Facilities. Such relocations shall be
governed by Section 11.
B. Grantee shall maintain a minimum underground horizontal
separation of five (5) feet from City water 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 of the City to coordinate municipal functions with 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 City. 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.
ACT.C Page 25 of 103
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 7 of 19
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.
Grantee shall indemnify and hold harmless the City for any loss or liability
for fines, penalties, and costs (including reasonable attorney’s 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 City acts in accordance with the provisions of Washington’s open
public records act.
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 at no expense or
liability to the City, except as may be required by RCW Chapter 35.99. Pursuant
to the provisions of Section 14, Grantee agrees to protect and save harmless the
City from any customer or third-party claims for service interruption or other
losses in connection with any such change, relocation, abandonment, or vacation
of the Pubic Way.
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, either abandon in place or remove the affected
facilities.
B. The parties expressly agree that this Section shall survive the
expiration, revocation or termination of this Franchise.
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.
ACT.C Page 26 of 103
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 8 of 19
B. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Grantee shall underground the Grantee Facilities in the
manner specified by the City Engineer at no expense or liability to the City,
except as may be required by RCW Chapter 35.99. 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, in addition to
the costs specifically attributable to the undergrounding of Grantee Facilities.
Common costs shall include necessary costs for common trenching and utility
vaults. Fair share shall be determined in comparison to the total number and
size of all other utility facilities being undergrounded.
Section 14. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the City and its
officers, officials, agents, employees, and volunteers harmless from any and all
costs, claims, injuries, damages, losses, suits, or liabilities of any nature including
attorneys’ fees arising out of or in connection with the Grantee’s performance
under this Franchise, except to the extent such costs, claims, injuries, damages,
losses, suits, or liabilities are caused by the sole negligence of the City. Should a
court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent
negligence of the Grantee and the City, its officers, officials, employees, and
volunteers, the Grantee's liability hereunder shall be only to the extent of the
Grantee's negligence.
B. The Grantee shall hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Grantee Facilities caused
by maintenance and/or construction work performed by, or on behalf of, the City
within the Franchise Area or any other City road, right-of-way, or other property,
except to the extent any such damage or loss is directly caused by the
negligence of the City, or its agent performing such work.
C. The Grantee acknowledges that neither the City nor any other
public agency with responsibility for fire fighting, 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.
ACT.C Page 27 of 103
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 9 of 19
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.
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
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
$2,000,000 products-completed operations aggregate limit. Coverage shall be
written on ISO occurrence form CG 00 01 or a substitute form providing
equivalent liability coverage and shall cover liability arising from premises,
operations, independent contractors, products-completed operations, stop gap
liability, and personal injury and advertising injury and liability assumed 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 or a
substitute form providing equivalent liability coverage. 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.
ACT.C Page 28 of 103
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 10 of 19
3. Professional Liability insurance with limits no less than
$1,000,000 per claim for all professional employed or retained Grantee to
perform services under this Franchise.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
5. Grantee may utilize primary and umbrella liability insurance
policies to satisfy the insurance policy limits required in this section.
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 as respects the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be in excess of the Grantee’s insurance
and shall not contribute with it.
2. 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.
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
ACT.C Page 29 of 103
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 11 of 19
The Grantee shall provide the City with a bond in the amount of Fifty Thousand
Dollars ($50,000) running for, or renewable for, the term of this Franchise, in a
form and substance acceptable to the City. In the event Grantee shall fail to
substantially comply with any one or more of the provisions of this Franchise,
then there shall be recovered jointly and severally from the principal and any
surety of such bond any damages suffered by City as a result thereof up to the
amount of Fifty Thousand Dollars ($50,000), and from the principal only any
damages suffered by the City in excess of the bond amount, 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. The amount of the bond shall not be
construed to limit the Grantee’s liability to the City for any damages suffered by
City as a result Grantee’s noncompliance, 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 and assigns of the Grantee, and
all rights and privileges, as well as all obligations and liabilities of the Grantee
shall inure to its successors and assignees 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, which consent shall
not be unreasonably withheld, conditioned or delayed. Notwithstanding the
foregoing, no consent of the City or fee shall be required for Franchisee to assign
this Franchise to any entity under common control with, controlled by, or
controlling Grantee, or to any entity that acquires Grantee by merger, sale,
consolidation or otherwise, provided Grantee promptly notifies City of such
assignment, provides information regarding the nature of the relationship
between Grantee and the assignee, and provides a written agreement to the City
that the assignee is unconditionally assuming all of the terms of the Franchise
upon the effective date of the assignment.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (a) Complete information setting forth the nature, term and
conditions of the proposed assignment or transfer; (b) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (c) An application fee which shall be set by the City, plus any
other costs actually and reasonably incurred by the City in processing, and
ACT.C Page 30 of 103
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 12 of 19
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 pursuant to paragraph B, 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.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising
by reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to
achieve a resolution of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this
manner, either party may then pursue any available judicial remedies. This
Franchise shall be governed by and construed in accordance with the laws of the
State of Washington. In the event any mediation, 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 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)
ACT.C Page 31 of 103
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 13 of 19
revoke the Franchise with no further notification, or (2) claim damages of Two
Hundred Fifty Dollars ($250.00) per day against the bond set forth in Section 16
for every day after the expiration of the cure period that the breach is not cured.
B. Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities and Grantee Services, the
City reserves the right to cancel this Franchise and require the Grantee to apply
for, obtain, and comply with all applicable City permits, franchises, or other City
permissions for such actions, and if the Grantee’s actions are not allowed under
applicable federal and state or City laws, to compel Grantee to cease such
actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Grantee shall comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with
federal laws and regulations, affecting performance under this Franchise.
Furthermore, notwithstanding any other terms of this agreement appearing to the
contrary, the Grantee shall be subject to the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the
general public in relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any hereafter enacted, amended, or adopted federal or state statute
or regulation relating to the public health, safety, and welfare, or relating to
roadway regulation, or a City Ordinance enacted pursuant to such federal or
state statute or regulation upon providing Grantee with thirty (30) days written
notice of its action setting forth the full text of the amendment and identifying the
statute, regulation, or ordinance requiring the amendment. 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, in which event
Grantee may pursue any available remedies at equity or in law and/or Grantee
may terminate this Franchise within twenty (20) days of written notice to City.
Section 21. License, Tax and Other Charges
ACT.C Page 32 of 103
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 14 of 19
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 applicable state or federal law for revenue or as reimbursement for use
and occupancy of the Franchise Area.
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event shall
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
shall remain in effect.
Section 24. Titles
The section titles 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. 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:
ACT.C Page 33 of 103
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 15 of 19
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid, City Attorney
Published: _________________
ACT.C Page 34 of 103
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 16 of 19
ACT.C Page 35 of 103
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 17 of 19
Exhibit B
Grantee Facilities
Fiber facilities in yellow are owned by Zayo re: Franchise Agreement No 12-41, Ord No
6452 and are being leased by tw telecom. tw telecom may obtain certain other facilities
from CenturyLink and others from time to time to provide service in the City of Auburn.
tw telecom may also install its own facilities in accordance with the terms and conditions
of this Ordinance.
ACT.C Page 36 of 103
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 18 of 19
Exhibit C
Grantee Services
tw telecom offers integrated data services, dedicated internet access and
provides local and long distance voice services to commercial businesses.
ACT.C Page 37 of 103
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 19 of 19
EXHIBIT “D”
STATEMENT OF ACCEPTANCE
tw telecom of washington llc, for itself, its successors and assigns, hereby
accepts and agrees to be bound by all lawful terms, conditions and provisions of
the Franchise attached hereto and incorporated herein by this reference.
tw telecom of washington llc
by: tw telecom holdings inc.,
its sole member
By: Date:
Name:
Title:
ACKNOWLEDGEMENT
STATE OF COLORADO )
) ss.
COUNTY OF DOUGLAS )
I, , a Notary Public in and for the State of Colorado, do hereby
certify that __________________, ________________________ of tw telecom holdings inc., the sole
member of tw telecom of washington llc, did personally appear before me affixing his/her signature on the
attached document.
Sworn and Subscribed this day of ____________________, 2014.
Notary Public
My commission expires .
[SEAL]
ACT.C Page 38 of 103
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1208
Date:
April 29, 2014
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Map
Improvement Matrix
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee recommend City Council grant permission to advertise for bids
for Project No. CP1208, Sewer Pump Station Improvements.
Background Summary:
This project will construct various improvements to 11 of the City’s sanitary sewer pump
stations including upgrading the ability of maintenance staff to access and maintain wet
wells, install new back-up generator systems, install site improvements such as fencing,
lighting, and equipment shelters, and establish cathodic protection systems. See the
attached Improvement Matrix for specific improvements proposed at each pump station
site.
Construction is anticipated to begin in June 2014 and be complete in December 2014.
The estimated total project cost is $990,848.00, which is equal to the amount budgeted
for the project.
Reviewed by Council Committees:
Public Works
Councilmember:Osborne Staff:Truong
Meeting Date:May 5, 2014 Item Number:ACT.D
AUBURN * MORE THAN YOU IMAGINEDACT.D Page 39 of 103
Project No: CP1208 Project Title:
Project Manager: Kim Truong
Project Initiation
Initiation Date: ____9/3/13_____ Permision to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Carry Forward to 2014
Funding Prior Years 2012 2013 2014 Total
431 Fund - Sewer 29,018 80,134 990,848 1,100,000
Total 0 29,018 80,134 990,848 1,100,000
Activity Prior Years 2012 2013 2014 Total
Design Engineering - City Costs 12,032 27,445 20,000 59,478
Design Engineering - Consultant Costs 16,986 52,689 21,524 91,198
Construction Estimate 893,198 893,198
Project Contingency 41,126 41,126
Construction Engineering - City Costs 10,000 10,000
Construction Engineering - Consultant Costs 5,000 5,000
Total 0 29,018 80,134 990,848 1,100,000
Prior Years 2012 2013 2014 Total
*431 Funds Budgeted ( )0 (29,018)(80,134)(990,848)(1,100,000)
431 Funds Needed 0 29,018 80,134 990,848 1,100,000
*431 Fund Project Contingency ( )0 0 0 (0)0
431 Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
431 Sewer Budget Status
Estimated Cost (Funds Needed)
BUDGET STATUS SHEET
Sewer Pump Station Improvement Project
Date: April 25, 2014
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
ACT.D Page 40 of 103
Sewer Pump Station Improvements Project
Vicinity Map
Riverside
Pump
Station
22nd Street
Pump
Station
Valley
Meadows
Pump
Station
8th Street
Pump
Station
‘R’ Street
Pump
Station
‘F’ Street
Pump
Station
Rainier
Ridge
Pump
Station
North
Tapps
Pump
Station
Area-19
Pump
Station
Terrace
View Pump
Station
Peasley
Ridge Pump
Station
ACT.D Page 41 of 103
CP1208
Sewer Pump Station Improvement Matrix
Fencing Shelter Lighting
22nd Street NE X X X X X X
8th Street NE X X X X X X
Area 19 X
F Street SE X X
North Tapps X
Peasley Ridge X
R Street NE X X X X X X
Rainier Ridge X X
Riverside X
Terrace View X
Valley Meadows X X X X X X
Generator
System
Cathodic
Protection
System
Wet Well
Access
Improvements
Site ImprovementsACT.DPage 42 of 103
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1104
Date:
April 29, 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. CP1104, 8th Street NE and 104th Avenue SE Intersection Improvements,
Contract 14-09.
Background Summary:
This project includes the design and construction of the following safety improvements at the
intersection of 8th Street NE and 104th Avenue SE:
1. Replaces the existing left turn signal head from 8th Street to northbound 104th Ave with a
flashing yellow signal head.
2. Replaces the existing traffic signal cabinet and components with new signal cabinet and
components to accommodate the new flashing yellow signal and battery backup system.
3. Replaces vehicle detector loops on all for legs of the intersection.
4. Replaces the existing pedestrian signal heads and pushbuttons with countdown type
heads and audible style pushbuttons.
5. Replaces the existing substandard curb ramps with at-grade pedestrian crossings.
A project budget contingency of $8,094 remains in the 102 Arterial Street Fund.
Reviewed by Council Committees:
Public Works
Councilmember:Osborne Staff:Larson
Meeting Date:May 5, 2014 Item Number:ACT.E
AUBURN * MORE THAN YOU IMAGINEDACT.E Page 43 of 103
Project No: CP1104 Project Title:
Project Manager: Matthew Larson
Project Update
Initiation Date: 11/15/2010 Permision to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 2013 (Actual) 2014
Future Years Total
102 Fund (Traffic Impact Fees) 11,208 11,208
102 Fund (Unrestricted Street Revenue) 148,400 148,400
REET 2 119,000 119,000
102 Fund - Federal Grant 432 40,384 59,184 100,000
Total 11,640 40,384 326,584 0 378,608
BUDGET STATUS SHEET
8th St NE & 104th Ave SE Intersection Improvements
Date: April 28, 2014
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Activity Prior Years 2013 (Actual) 2014
Future Years Total
Design Engineering - City Costs 11,640 26,974 12,000 50,614
Design Engineering - Consultant Costs 13,410 13,410
Design - State Review 1,000 1,000
Construction Estimate 253,490 253,490
Project Contingency (10%) 26,000 26,000
Construction Engineering - City Costs 26,000 26,000
Construction Engineering - Consultant Costs 00
Total 11,640 40,384 318,490 0 370,514
Prior Years 2013 (Actual) 2014
Future Years Total
*102 Funds Budgeted ( ) (11,640) (40,384) (326,584) 0 (378,608)
102 Funds Needed 11,640 40,384 318,490 0 370,514
*102 Fund Project Contingency ( )0 0 (8,094) 0 (8,094)
102 Funds Required 00000
102 Arterial Street Budget Status
* ( # ) in the Budget Status Sections indicates Money the City has available.
H:\PROJ\CP1104-8th Street NE U-Turn Imp\Budget\Budget Status Sheets\BudgetStatusSheet 8th 104th.xls 1 of 1ACT.E Page 44 of 103
ACT.E Page 45 of 103
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5066
Date:
April 29, 2014
Department:
Public Works
Attachments:
Resolution No. 5066
MOA Amendment 3
Original MOA
MOA Amendment 2
MOA Amendment 1
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee recommend that City Council adopt Resolution No. 5066.
Background Summary:
Resolution No. 5066 authorizes the Mayor and City Clerk to amend the existing Memorandum
of Agreement for traffic maintenance services between the City of Auburn and Pierce County to
extend the completion date to December 31, 2014. The maximum consideration under this
contract for 2014 is $175,000 and is budgeted within the Streets fund. This is the same level
used in 2013..
In 2011 the City of Auburn executed the memorandum of agreement with Pierce County Traffic
Services division to provide roadway maintenance south of the White River in order to test the
competitiveness and quality of Pierce Counties services as compared to King County. Staff
was very pleased with the customer service and quality of work provided by Pierce County and
expanded the scope of the agreement to provide for citywide roadway striping services with
MOA Amendment was completed in 2012 and provided the budget authority for initiating the
citywide LED signal head re-lamping project.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Osborne Staff:Para
Meeting Date:May 5, 2014 Item Number:ACT.F
AUBURN * MORE THAN YOU IMAGINEDACT.F Page 46 of 103
Resolution No. 5066
April 22, 2014
Page 1
RESOLUTION NO. 5066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO AMEND THE MEMORANDUM OF
AGREEMENT WITH PIERCE COUNTY FOR THE
PURPOSE OF PROVIDING ROAD SERVICES
WHEREAS, the City of Auburn owns public roads and traffic devices which
require periodic maintenance and/or other improvements; and
WHEREAS, Pierce County Transportation Services Division is in a
position to provide certain emergency services, maintenance and road
improvements services for the City at a cost that is advantageous to the City;
and
WHEREAS, the City previously entered into a contract with the Pierce
County Transportation Services Division for such emergency, maintenance and
road improvements services; and
WHEREAS, extending the contract would provide the continued benefit of
cost savings and quality service to the City and a fuller utilization of County
equipment at a fair rate of compensation; and
WHEREAS, the parties are authorized by Chapter 39.34 of the Revised
Code of Washington to enter into an interlocal cooperation agreement of this
nature.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
ACT.F Page 47 of 103
Resolution No. 5066
April 22, 2014
Page 2
Section 1. That the Mayor is hereby authorized to amend the
Memorandum of Agreement, in substantial conformity with the Amendment
attached hereto, marked as Exhibit “A” and incorporated herein by this
reference.
Section 2. That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this _____ day of ________________, 2014.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
______________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
_____________________
Daniel B. Heid,
City Attorney
ACT.F Page 48 of 103
EXHIBIT A
Memorandum of Agreement #11-79192
Amendment #3
Page 1
THIRD AMENDMENT TO
MEMORANDUM OF AGREEMENT NO. 11-79192
BETWEEN PIERCE COUNTY
AND
CITY OF AUBURN
REGARDING TRAFFIC MAINTENANCE SERVICES
THIS THIRD AMENDMENT to Agreement 11-79192 is entered into between
PIERCE COUNTY, a municipal corporation and political subdivision of the State of
Washington(herein referred to as “COUNTY”), and CITY OF AUBURN, a municipal
corporation of the State of Washington (herein referred to as “CITY”).
WHEREAS, the parties hereto have previously entered into Agreement No.11-
79192 fully executed on July 8, 2011, to establish the rights, duties, and responsibilities
of the parties with regards to the traffic maintenance services requested by the CITY; and
WHEREAS, said Agreement was amended by CITY Resolution 4827 to add
additional funds due to estimated work exceeding original budget due to the CITY
requesting road striping services, by the first amendment on June 5, 2012, and
WHEREAS, said Agreement was further amended by CITY Resolution 4854 to
add additional services and funds for replacement of LED lighting modules, by the
second amendment on September 27, 2012; and
WHEREAS, the parties desire to execute a third amendment to the Agreement to
extend the termination date, and add additional funds for the extended term;
NOW, THEREFORE, in consideration of the mutual benefits to be derived by each
of the parties;
IT IS HEREBY AGREED as follows:
1. The completion date is extended from December 31, 2013 to December 31,
2014.
2. The maximum consideration for the extended term is $175,000.00 for traffic
maintenance services requested by the CITY.
3. All other terms and conditions of the original agreement and all
supplements, modifications, and amendments thereto shall remain in full force
and effect.
ACT.F Page 49 of 103
EXHIBIT A
Memorandum of Agreement #11-79192
Amendment #3
Page 2
IN WITNESS WHEREOF, the parties hereto have caused this amendment to be
duly executed, such parties acting by their representatives being there unto duly
authorized.
The parties have executed this Agreement this ___ day of May, 2014.
CITY OF AUBURN: PIERCE COUNTY:
Approved as to legal form only:
By:_______________________________ By:_________________________________
Mayor Date Deputy Prosecuting Attorney Date
Approved as to form only: Recommended:
By:_______________________________ By:_________________________________
City Attorney Date Budget & Finance Date
Attest: Approved:
By:_______________________________ By:_________________________________
City Clerk Date Department Director Date
(less than $250,00)
By:_________________________________
Pierce County Executive Date
($250,000 or more)
ACT.F Page 50 of 103
ACT.F Page 51 of 103
ACT.F Page 52 of 103
ACT.F Page 53 of 103
ACT.F Page 54 of 103
ACT.F Page 55 of 103
SECOND AMENDMENT TO
MEMORANDUM OF AGREEMENT NO. 11-79192
BETWEEN PIERCE COUNTY
AND
CITY OF AUBURN
REGARDING TRAFFIC MAINTENANCE SERVICES
THIS SECOND AMENDMENT to Agreement 11-79192 is entered into between
PIERCE COUNTY, a municipal corporation and political subdivision of the State of
Washington(herein referred to as "COUNTY"), and CITY OF AUBURN, a municipal
corporation of the State of Washington (herein referred to as "CITY").
WHEREAS, the parties hereto have previously entered into Agreement No.11-
79192 fully executed on July 8, 2011, to establish the rights, duties, and responsibilities
of the parties with regards to the traffic maintenance services requested by the CITY, and
WHEREAS; said Agreement was amended to add additional funds due to
estimated work exceeding original budget due to the CITY requesting road striping
services, by the First Amendment on June 5, 2012, and
WHEREAS, the CITY is requesting the COUNTY provide additional services to
replace LED lighting modules in their traffic signals which costs would exceed the
estimated amount allowable per calendar year in this agreement; and
NOW, THEREFORE, in consideration of the mutual benefits to be derived by each
of the parties;
IT IS HEREBY AGREED as follows:
1 The COUNTY shall provide the agreed upon requested services to'the CI T Y in
accordance with this agreement.
2. The maximum consideration of this agreement shall be increased from $125,000
per calendar year to $175,000 per calendar year for 2012 and 2013.
3. ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL AGREEMENT
SHALL REMAIN IN FULL FORCE AND EFFECT
Memorandum of Agreement #11-79192
Amendment#2
Page 1
ACT.F Page 56 of 103
IN WITNESS WHEREOF, the parties hereto have caused this amendment to be
duly executed, such parties acting by their representatives being there unto duly
authorized.
The parties have executed this Agreement this Z f day of September, 2012.
CITY OF AUBURN PIERCE COUNTY
Ma_ r Date DEPUTY PROSECUTI ATTORNEY
Date
as to form only)
ATTEST Date
p la,, BUDGET AN 0 FINANCE
Ci Clerk Date
Approved:
Apr7n Date
v
DE_ A DIRECTOR Date
City Attorney to
Memorandum_of Agreement #11-79192
Amendment#2
Page 2
ACT.F Page 57 of 103
FIRST AMENDMENT TO
MEMORANDUM OF AGREEMENT NO. 11-79192
BETWEEN PIERCE COUNTY
AND
CITY OF AUBURN
REGARDING TRAFFIC MAINTENANCE SERVICES
THIS FIRST AMENDMENT to Agreement 11-79192 is entered into between
PIERCE COUNTY, a municipal corporation and political subdivision of the State of
Washington(herein referred to as "COUNTY"), and CITY OF AUBURN, a municipal
corporation of the State of Washington (herein referred to as "CITY").
WHEREAS, the parties hereto have previously entered into Agreement No.11-
79192 fully executed on July 8, 2011, to establish the rights, duties, and responsibilities
of the parties with regards to the traffic maintenance services requested by the CITY, and
WHEREAS, the services requested by the CITY costs exceed the estimated
amount allowable per calendar year in this agreement; and
NOW, THEREFORE, in consideration of the mutual benefits to be derived by each
of the parties;
IT IS HEREBY AGREED as follows:
1 The COUNTY shall provide the agreed upon requested services to the CITY in
accordance with this agreement.
2. The maximum consideration of this agreement shall be increased from $25,000
per calendar year to $125,000 per calendar year for 2012 and 2013.
3. ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL AGREEMENT
SHALL REMAIN IN FULL FORCE AND EFFECT
IN WITNESS WHEREOF, the parties hereto have caused this amendment to be
duly executed, such parties acting by their representatives being there unto duly
authorized.
Memorandum of Agreement #11-79192
Amendment#1
Page 1
ACT.F Page 58 of 103
The parties have executed this Agreement this 5th day of June, 2012.
CITY OF AUBURN PIERCE COUNTY
Signature Date DE 1 'ROSECUTING ATTORNEY Date
al fort only)
Title
a S GUfi- d 7 I I I Z
BUDGET AND FINANCE Date
Approved:
DEPARTMENT DIRE TO Date
EXECUTIVE Date
Memorandum of Agreement #11-79192
Amendment#1
Page 2
ACT.F Page 59 of 103
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5064
Date:
April 29, 2014
Department:
Public Works
Attachments:
Resolution No. 5064
Agreement for Water Resources
Investigations
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee recommend that City Council adopts Resolution No. 5064.
Background Summary:
Resolution No. 5064 authorizes the Mayor to negotiate and execute an Agreement
between the City of Auburn and the U.S. Geological Survey (USGS).
The USGS is developing a regional groundwater model that will be available for use by
state, county, and local governments, public water purveyors, and local stake holder
groups to evaluate potential human and climatic impacts on water resources in the
Puyallup River watershed.
The City Water Utility will benefit by using the model to identify groundwater recharge
areas and more accurately delineate well head protection areas. The model will provide
the Water Utility with a means to evaluate potential water quality impacts associated
with current land use and future changes in land use associated with growth plans. The
model also is a “predictive tool” designed to assist in decision making and help answer
questions about the effects on future groundwater levels and stream flows from
increases in groundwater withdrawals, changes in precipitation, and alterations in land
use.
This Agreement is for Phase III of the project. Phase III requires funding for two (2)
years totaling $24,280.00. Monies from the 430 Water fund will be used to fund this
project.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Osborne Staff:Fenhaus
AUBURN * MORE THAN YOU IMAGINEDACT.G Page 60 of 103
Meeting Date:May 5, 2014 Item Number:ACT.G
AUBURN * MORE THAN YOU IMAGINEDACT.G Page 61 of 103
----------------------------
Resolution No. 5064
April 16, 2014
Page 1 of 2
RESOLUTION NO. 5 0 6 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND THE U.S. GEOLOGICAL SURVEY FOR
WATER RESOURCES INVESTIGATIONS
WHEREAS, the U.S. Geological Survey (USGS) has been conducting a study
and mapping project to address groundwater available and sustainability; and
WHEREAS, the USGS offered to allow local jurisdictions to participate in the
scoping of the project and will provide access to and copies of the database in return for
the participating jurisdictions sharing the cost of the project; and
WHEREAS, in August 2012, the City of Auburn adopted Resolution No. 4853
authorizing the Mayor to execute an agreement with the USGS to characterize the
groundwater flow system in the Puyallup River Watershed; and
WHEREAS, for this phase of the on-going mapping project, USGS will construct
and calibrate and numerical groundwater-flow model for the Puyallup River Watershed,
in King and Pierce County.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is authorized to execute an Agreement between the
City and U.S. Geological Survey for Water Resources Investigations, which agreement
shall be in substantial conformity with the agreement attached hereto as Exhibit A and
incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
ACT.G Page 62 of 103
----------------------------
Resolution No. 5064
April 16, 2014
Page 2 of 2
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
ACT.G Page 63 of 103
ACT.GPage 64 of 103
ACT.GPage 65 of 103
ACT.GPage 66 of 103
ACT.GPage 67 of 103
ACT.GPage 68 of 103
ACT.GPage 69 of 103
ACT.GPage 70 of 103
ACT.GPage 71 of 103
ACT.GPage 72 of 103
ACT.GPage 73 of 103
ACT.GPage 74 of 103
ACT.GPage 75 of 103
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6504
Date:
April 29, 2014
Department:
Administration
Attachments:
Ord 6504
Memo
Budget Impact:
$0
Administrative Recommendation:
Approve Ordinance No. 6504
Background Summary:
State law (RCW 35.21.015) authorizes city councils to create independent salary
commissions to set the salaries of elected officials. Typically, council salaries would be
set in advance of councilmembers being elected to the Council and would be
unchanged thereafter during their terms of office. That is consistent with statutory
provisions and the state Constitution that prohibit elected officials from increasing or
decreasing their salaries during their current term.
However, state law also allows city councils to create independent salary commissions
that can evaluate and set the salaries for elected officials. The salary commission can
raise or lower the salaries of elected officials, however, by statute, although increases
can become effective immediately, any reduction in salary would not become effective
until the commencement of a new term of office. The ordinance also includes a
referendum mechanism whereby the voters of the city could choose to challenge the
ruling of the independent salary commission. This, too, is consistent with state law
(RCW 35.21.015).
The proposed ordinance differs slightly from those of other municipalities having
independent salary commissions insofar as it applies only to City Councilmembers, not
the Mayor. According to the Legal Department research (memo attached), the City
Council could relegate the salary responsibilities of the commission to only the salaries
of councilmembers.
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 76 of 103
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wales Staff:Heid
Meeting Date:May 5, 2014 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 77 of 103
- - - - - - - - - - - - - - - - - - -
Ordinance No. 6504
April 28, 2014
Page 1
ORDINANCE NO. 6 5 0 4
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON,
CREATING A NEW CHAPTER 2.08 OF THE
AUBURN CITY CODE ESTABLISHING AN
INDEPENDENT SALARY COMMISSION
WHEREAS, the current provisions of state law, and particularly the provisions of
Section 35.21.015 of the Revised Code of Washington allow for cities to establish
independent salary commissions to set the salaries for elected City Council members
and other elected officials of the City; and
WHEREAS, in order to address the need for the salary of the City Council
members for the City of Auburn to be set in a consistent and uniform manner, it would
be advantageous for the City of Auburn to have established an Independent Salary
Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
SECTION 1. CREATION OF NEW CHAPTER TO AUBURN CITY CODE. A new
Chapter 2.08 of the Auburn City Code be, and the same hereby is, created to read as
follows:
Chapter 2.08
INDEPENDENT SALARY COMMISSION
Sections:
2.08.010 Commission established.
2.08.020 Purpose.
2.08.030 Membership.
2.08.040 Qualifications.
2.08.050 Operation.
2.08.060 Responsibilities.
2.08.070 Effective date – Salaries.
2.08.080 Salary schedule subject to referendum petition.
DI.A Page 78 of 103
- - - - - - - - - - - - - - - - - - -
Ordinance No. 6504
April 28, 2014
Page 2
2.08.010 Commission established.
A salary commission is hereby established pursuant to RCW 35.21.015,
hereinafter referred to as the City of Auburn Independent Salary Commission.
2.08.020 Purpose.
The purpose of the Independent Salary Commission shall be to review
and establish the salaries of the members of the City Council. For the purposes
hereof, the salary authority of the Independent Salary Commission shall include
all compensation that may be paid to or received by councilmembers, whether or
not it is identified as salary. Also for the purposes hereof, the salaries identified
by the Independent Salary Commission shall be uniform among the same
category or class of elected officials. This provision, however, does not prevent
or preclude the Independent Salary Commission from providing for a different
salary for the Councilmember selected as the Deputy Mayor of the City. Rather,
the Independent Salary Commission would be entitled to consider the additional
duties of the Deputy Mayor in setting salaries for that position.
2.08.030 Membership.
A. The Independent Salary Commission shall consist of five members
who shall be registered voters and residents of the City of Auburn, appointed by
the Mayor and approved/confirmed by the City Council; Provided that no person
shall be appointed to a position on the Independent Salary Commission unless
that person has completed and submitted to the City an Application for
Appointment to Citizen Boards, Commissions and Committees, on the form
provided by the City.
B. The members of the Independent Salary Commission shall serve
without compensation.
C. Each member of the Independent Salary Commission shall serve a
term of four years, except that the first five commission members shall be
appointed for different terms, as follows: one member to serve for a period of one
year, one member to serve for a period of two years, one member to serve for a
period of three years, and two members to serve for a period of four years. The
Mayor, with the approval/confirmation of the City Council, may appoint alternate
Independent Salary Commission members as the need arises. The Mayor shall
annually appoint, subject to approval/confirmation by the City Council, new
members by March of any given year to fill the expiring terms on the Independent
Salary Commission.
D. No member may be appointed to more than two terms on the
Independent Salary Commission, whether or not those terms are held
consecutively.
E. If, for any reason, a vacancy occurs during the term of an
Independent Salary Commission member, the Mayor shall appoint, with the
approval/confirmation of the City Council, a new member to fill the unexpired
term of that member.
DI.A Page 79 of 103
- - - - - - - - - - - - - - - - - - -
Ordinance No. 6504
April 28, 2014
Page 3
F. The Mayor and City Council may remove an Independent Salary
Commission member at any time for cause of incapacity, incompetence, neglect
of duty, or malfeasance in office or for a disqualifying change of residence, or for
three consecutive unexcused absences of regularly scheduled meetings of the
Independent Salary Commission.
G. All members of the Independent Salary Commission shall serve
until their successors are duly appointed by the Mayor and approved/confirmed
by the City Council.
2.08.040 Qualifications.
A. No person shall be appointed to serve as a member or alternate
member of the Independent Salary Commission unless that person is a citizen of
the United States, a resident of the City for at least one year immediately
preceding such appointment, and an elector of the county in which the member
resides.
B. No City officer, official or employee of the City or an immediate
family members of a City officer, official or employee may serve on the
commission. “Immediate family member,” as used in this Section, means the
parents, spouse, siblings, children, or dependent relatives of the officer, official,
or employee, whether or not living in the household of the officer, official or
employee.
2.08.050 Operation.
A. The Independent Salary Commission shall elect a chair and vice
chair from among its voting members. Other than for those members initially
appointed for a one year term, such officers shall hold office for two years. The
Independent Salary Commission may from time to time establish and publish
Rules of Procedure for the efficient and fair conduct of its business, consistent
with state law and City Ordinance.
B. The Mayor shall appoint appropriate staff to assist the Independent
Salary Commission in preparation of its reports and records, and conducting its
meetings, as may be necessary for the proper operation of the commission.
C. The meetings of the Independent Salary Commission shall be
subject to the Open Public Meetings Act pursuant to Chapter 42.30 RCW.
D. The Independent Salary Commission, with the assistance of
appointed staff, shall keep a written record of its proceedings, which shall be a
public record all in accordance with state law.
E. The Independent Salary Commission shall have the authority to
raise and lower salaries of the City Council. A City Council salary increase or
decrease shall occur only if three members of the Commission vote in favor of
the increase or decrease. Three members of the Commission shall constitute a
quorum, and the votes of such quorum shall be sufficient for the decision of all
matters and the transaction of all business to be decided or transacted by the
Independent Salary Commission.
DI.A Page 80 of 103
- - - - - - - - - - - - - - - - - - -
Ordinance No. 6504
April 28, 2014
Page 4
F. The Independent Salary Commission shall meet at least once in 2014 and
at least once in each year thereafter to consider whether or not to review and/or
adjust existing City Council salaries. The initial meeting of the Independent
Salary Commission shall take place within thirty (30) days after the initial
members of the Independent Salary Commission have been appointed and
confirmed. Thereafter, the initial annual meeting of the Independent Salary
Commission shall occur no later than April 30th, in any given year.
G. Prior to a vote of the Independent Salary Commission to raise or lower
salaries, residents of the City shall have an opportunity to comment or submit
comments in writing. An opportunity for comments shall be conducted in a
manner that is consistent with the procedure used at regularly scheduled
meetings of the City Council for public comment.
H. Prior to a vote of the Independent Salary Commission to raise or lower
salaries, the Commission may request, from the Mayor or designee, additional
financial information and other relevant data, other than that information provided
in Paragraph I. of this Section, including but not limited to, information related to
the various duties, assignments, responsibilities, obligations and meetings of City
Councilmembers.
I. The Mayor or designee shall provide the Independent Salary Commission
with, and the Commission shall consider, information regarding salaries paid to
members of city councils from comparable cities. Such comparable cities shall be
comprised of cities having a population of at least 25,000 and located in King,
Pierce or Snohomish counties.
J. In its meeting(s), the Independent Salary Commission shall review and, if
it so determines, amend and file its schedule of salaries for the City Council with
the City Clerk within thirty (30) days after its meeting(s) in 2014, and thereafter
shall file its amended schedule of salaries for the City Council (if any) with the
City Clerk no later than May 31st. If necessary, the Independent Salary
Commission will also meet upon any other call by the chair, the Mayor or by the
majority vote of the City Council.
2.08.060 Responsibilities.
The Independent Salary Commission shall have the following
responsibilities:
A. To study the relationship of salaries to the duties of the City
Councilmembers and those of comparable cities, and to establish a uniform
salary for all Councilmembers by either increasing or decreasing the existing
salaries for the City Council by an affirmative vote of not less than three
members;
B. To review salary schedules and file its amending salary schedules,
if any, within thirty (30) days after the initial meetings of the Independent Salary
Commission; and thereafter, to review salary schedules and file its amending
salary schedules, if any, not later than May 31st of every year thereafter;
DI.A Page 81 of 103
- - - - - - - - - - - - - - - - - - -
Ordinance No. 6504
April 28, 2014
Page 5
C. To submit each amended salary schedule to the City Clerk, who will
publish the complete schedule two times, at least one week apart in the official
newspaper of the City. The second publication date will be the official filing date.
The schedule will become effective thirty (30) days after this date.
2.08.070 Effective date – Salaries.
The Independent Salary Commission’s established or amended salary
schedule will become effective in the amounts, at the times, and under the
conditions established in the schedule. Once filed, the schedule shall be
incorporated into the City budget without further action of the City Council or the
Independent Salary Commission. Salary increases established by the
Independent Salary Commission shall be effective as to all City Councilmembers
regardless of their terms of office. Salary decreases established by the
commission shall become effective as to incumbents at the commencement of
their next subsequent terms of office. Existing salaries for Councilmembers
established by City Ordinance and/or City Budget shall remain in effect unless
and until changed in accordance with the provisions of this Chapter. The terms
and conditions of the commission’s adopted salary schedule will remain in effect
until amended under the terms and conditions of a new salary schedule filed in
accordance with this Chapter.
2.08.080 Salary schedule subject to referendum petition.
A. The Independent Salary Commission’s adopted salary schedule
shall be subject to referendum petition by the people of the City upon filing of a
valid referendum petition with the City Clerk within thirty (30) days after the
official filing date of the salary schedule. The number of registered voters needed
to sign such a petition for referendum shall be fifteen percent of the total number
of names of persons listed as registered voters within the City on the day of the
last preceding City general election. In the event of the filing of a valid
referendum petition, the salary increase or decrease shall not go into effect until
approved by vote of the people.
B. Referendum measures under this Section shall be submitted to the
voters of the City at the next following general or municipal election occurring
thirty (30) days or more after the petition is filed and shall be otherwise governed
by the provisions of the State Constitution, RCW 35A.11.100 and other laws
generally applicable to referendum measures.
SECTION 2. IMPLEMENTATION. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
DI.A Page 82 of 103
- - - - - - - - - - - - - - - - - - -
Ordinance No. 6504
April 28, 2014
Page 6
SECTION 3. SEVERABILITY. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided by law.
INTRODUCED: __________________
PASSED: _______________________
APPROVED: ____________________
CITY OF AUBURN
ATTEST:
________________________________
NANCY BACKUS, MAYOR
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: _________________
DI.A Page 83 of 103
DI.A Page 84 of 103
DI.A Page 85 of 103
DI.A Page 86 of 103
DI.A Page 87 of 103
DI.A Page 88 of 103
DI.A Page 89 of 103
DI.A Page 90 of 103
AGENDA BILL APPROVAL FORM
Agenda Subject:
Capital Project Status Report
Date:
April 30, 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:Vondrak
Meeting Date:May 5, 2014 Item Number:DI.F
AUBURN * MORE THAN YOU IMAGINEDDI.F Page 91 of 103
Date: April 30, 20141C201AM 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 VondrakPunchlist and private property restoration underway. Pump station startup complete and punchlist work underway.CH2MHillScarsella Brothers2C410AS. 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‐11 100% May‐14 Larson Final pay in processWatershed Company / RedeyeNordic Construction3CP1225West 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 65% Jul‐13 99% May‐14 WickstromDesign is underway. Open house being scheduled.N/A Icon4C524ASCADA System Improvement ‐ Technology UpgradesThis project will upgrade the City's SCADA system to meet Public Works goals. Budget and costs reflect technology contract and design/construction engineering. Construction contract costs for the physical site improvements are shown separately. 2,814,399 (Water) 1,853,374 (Sewer) 861,550 (Storm) 5,529,323 5,470,379 100% Nov‐09 95% Jul‐14 Sweeting37 of 38 sites have been converted. Punchlist, documentation, and training is underway. TSI TSI5CP0909Academy 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 97% Jul‐14 Vondrak Work is underway. Carollo EngineersRodarteCAPITAL PROJECT STATUS REPORT Street, Utilities Project Budget ($)% CompleteFinish DateProject ManagerStatusContractor Total Estimated Costs Design ConstructionNo.Proj. No.Location/Description Other Total Budget % CompleteAdv. DateDesign ConsultantPage 1 of 8DI.F Page 92 of 103
Date: April 30, 2014CAPITAL PROJECT STATUS REPORT Street, Utilities Project Budget ($)% CompleteFinish DateProject ManagerStatusContractor Total Estimated Costs Design ConstructionNo.Proj. No.Location/Description Other Total Budget % CompleteAdv. DateDesign Consultant6CP1120Lea 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% Jul‐14 TruongFinal contract work is awaiting private utility pole relocation and connection.N/A Archer7CP1207D 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. 300,000 (Water) 567,944 (Sewer) 171,296 (Storm) 42,200(430 Port)162,203(431 Port)597,204(432 Port) 1,840,847 1,840,847 100% Aug‐13 65% Aug‐14 Truong Work is underway. N/AJennings Northwest8CP1222Citywide 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 55% Jun‐14 Larson Work is underway.N/AValley Electric of Mount Vernon9CP13012013 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 25% May‐14 Carter Work is underway.N/ATrinity Contractors10C524ASCADA System Improvement ‐ Physical Site Improvements:This project will complete security site improvements at various utility locations throughout the City. Budget and cost numbers reflect construction contract and contingency amounts only. 214,803 (Water) 52,815 (Sewer) 71,190 (Storm) 338,808 544,425 100% Mar‐14 0% Dec‐14 SweetingPre‐construction meeting scheduled for May 6th.TSI RL Alia11CP1024AWS 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. 255,000 (Street) 450,000(TIB) 705,000 806,262 100%May‐14Dec‐14 Sweeting PSE facility relocation is underway. Schedule adjusted to reflect WSDOT review of final contract documents. N/APage 2 of 8DI.F Page 93 of 103
Date: April 30, 2014CAPITAL PROJECT STATUS REPORT Street, Utilities Project Budget ($)% CompleteFinish DateProject ManagerStatusContractor Total Estimated Costs Design ConstructionNo.Proj. No.Location/Description Other Total Budget % CompleteAdv. DateDesign Consultant12C512AWell 4 Improvements:This project will construct a new building to house a standby generator and disinfection equipment. 1,303,519 (Water) 1,303,519 1,259,139 100% May‐14 Mar‐15 WickstromContract documents being finalized for advertisement. RH213CP1208Sewer 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 95% May‐14 Nov‐14 TruongDesign is underway. Easement acquisition underway.Jacobs/Norton Corrosion14CP1104104th 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. 278,608 (Street) 100,000(Fed. Grant) 378,608 378,608 95% May‐14 Dec‐14 LarsonDesign is underway. Total project costs adjusted to reflect the updated project cost estimate. N/A15CP112230th 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 90% Jun‐14 Feb‐15 Truong Design is underway.Otak16CP1118Auburn Way South Pedestrian Improvements ‐ Dogwood to Fir Street:This project will construct new sidewalks, street lighting system, landscaped median island, a designated mid‐block crosswalk, relocation of existing utility poles, and a u‐turn at Fir Street. This project also includes a public education element for pedestrian safety. This project is planned to be constructed concurrent with project CP1119. 219,782 (Street) 130,039 (Water) 740,830(State)100,000(Federal)330,000(MIT) 1,520,651 1,418,011 92% TBD TBD SweetingWorking with the Muckleshoot Indian Tribe (MIT) and WSDOT on design issues.CH2MHillPage 3 of 8DI.F Page 94 of 103
Date: April 30, 2014CAPITAL PROJECT STATUS REPORT Street, Utilities Project Budget ($)% CompleteFinish DateProject ManagerStatusContractor Total Estimated Costs Design ConstructionNo.Proj. No.Location/Description Other Total Budget % CompleteAdv. DateDesign Consultant17CP1119Auburn 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 system, bus pull‐outs, and improvement of the Hemlock St. intersection to include u‐turns and a new traffic signal. This project is planned to be constructed concurrent with project CP1118. 200,849 (Street) 13,853 (Water) 40,300 (Sewer) 2,425,402(TIB)836,601(MIT) 3,517,005 3,484,703 92% TBD TBD SweetingWorking with the Muckleshoot Indian Tribe (MIT) and WSDOT on design issues. CH2MHill18CP0915Well 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% Jul‐14 Dec‐14 Sweeting Design is underway.Golder Associates19CP1322Annual Traffic Signal Improvements:This project includes procuring and installing traffic signal equipment upgrades for existing signals. 245,000(328 Fund) 245,000 245,000 90% Sep‐14 Dec‐14Larson/ BarbaDesign work is underway.N/A20CP1107Fulmer 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. 1,750,000 (Water) 1,750,000 533,294 (Phase 1) 1,030,358 (Phase 2) 85% N/A TBD Fenhaus Consultant design work is underway.Golder Associates21CP1308BNSF 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 2015. The project will also replace a storm drain pipe adjacent to the railroad tracks at 37th Street. 780,000 (Water) 320,000 (Sewer) 500,000 (Storm) 1,600,000 1,600,000 70% Jun‐14 Jan‐15 SweetingConsultant design work is underway. Coordination with BNSF for required permits is underway. ParametrixPage 4 of 8DI.F Page 95 of 103
Date: April 30, 2014CAPITAL PROJECT STATUS REPORT Street, Utilities Project Budget ($)% CompleteFinish DateProject ManagerStatusContractor Total Estimated Costs Design ConstructionNo.Proj. No.Location/Description Other Total Budget % CompleteAdv. DateDesign Consultant22CP130437th 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 60% May‐14 Dec‐14 Sweeting Design Work is underway.KPG23CP1219Valley 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 55% Jul‐14 Feb‐15 TruongDesign is underway. SEPA review underway.N/A24CP0765Lakeland 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 55% Sep‐14 Aug‐15 LarsonConsultant design work underway. Coordination with communications companies underway.Gray & Osborne25CP14022014 Citywide Pavement Patching and Overlay Project: This project will complete pavement patching and overlay treatments on arterial, collector and local roadways for the purpose of pavement preservation through the City. 173,000 (ICON) 2,774,100 3,014,700 49% Jun‐14 Dec‐14 Carter Design work is underway. N/A26CP1202AWS 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. The project will also replace sewer and water facilities adjacent to the storm drain line. 1,638,000 (Storm) 900,000 (Water) 360,000 (Sewer) 2,898,000 2,805,300 35% Mar‐15 Dec‐15 TBDProject manager to be assigned as vacant position is filled.KPG27CP11092011 Storm Pipeline Repair and Replacement, Phase 2:This project will construct storm drainage improvements on Hi‐Crest Drive NW. The City is also designing and constructing the relocation of a Lakehaven Utility District (LUD) Watermain that is in conflict with the storm improvements, at LUD's expense. 377,740 (Storm) 377,740 411,195 40% May‐14 Dec‐14 VondrakDesign work underway. Agreement with LUD executed. N/APage 5 of 8DI.F Page 96 of 103
Date: April 30, 2014CAPITAL PROJECT STATUS REPORT Street, Utilities Project Budget ($)% CompleteFinish DateProject ManagerStatusContractor Total Estimated Costs Design ConstructionNo.Proj. No.Location/Description Other Total Budget % CompleteAdv. DateDesign Consultant28C222A277th ‐ 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 29% Nov‐14 Sep‐15 VondrakConsultant design and environmental permitting work is underway. Developer agreement is in place with Robertson Properties Group (RPG). Parametrix29CP1218Auburn 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% Mar‐15 Dec‐16 SweetingDesign work is on hold pending coordination with the Muckleshoot Indian Tribe (MIT). CH2MHill30CP1320M&O Storm Drainage Improvements:This project will construct a new detention and treatment system for drainage at the M&O Facility and expand and improve the existing decant facility. 220,000(Water)470,000(Sewer)489,641(Storm) 999,400(Ecology Grant) 2,179,041 2,179,041 15% Oct‐14 Jun‐15 WickstromConsultant design work underway. Project title and description updated to reflect published project documents. Brown & Caldwell31C229ABNSF/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 VondrakFinal design on hold pending BNSF issues. Additional funds will be required to complete design, environmental permitting, and construction. N/ACPS TOTAL74,812,736 81,034,689 Page 6 of 8DI.F Page 97 of 103
Date: April 30, 2014No.Proj. No.Location/Description Utilities Other Total Budget % CompleteAdv. Date% CompleteFinish DateProject ManagerStatus32CP12242013 Local Street Reconstruction:This project will complete the reconstruction of the following local roadways:23rd St SE ‐ M to R St SEH St NE ‐ 4th to 8th5th St NE ‐ H to Cul‐de‐sacPark Ave ‐ AWN to ParkAlso included in this project is the replacement of waterline on V St SE, from2ndto4thStSE. 650,000 (Water) 200,000 (Sewer) 3,250,000 2,454,969 100% May‐13 100% Apr‐14 Wickstrom Final Pay in process. Jacobs RodarteOther SOS Projects:CP1402, 2014 Citywide Pavement Patching and Overlays.176,100 176,100 Carter For status see CP1402850,000 ‐ 3,250,000 2,454,969 33CP13232014 Local Street Reconstruction Project:This project will complete the reconstruction of the following local roadways:K St NE ‐ East Main to 4th St NEH St SE & 19th St SE ‐ 21ST St SE to 17th St SE24th St SE ‐ M St SE to R St SE 250,000 (Water) 500,000 (Sewer) 2,298,162 2,869,950 65% Jun‐14 Dec‐14 CarterDesign is underway. Open house being scheduled.Jacobs TBDOther SOS Projects:CP1402, 2014 Citywide Pavement Patching and Overlays.176,083 176,083 CarterLocal Street's have been selected and reviewed by PWC, awaiting Arterial street selection to begin design.750,000 ‐ 2,474,245 3,046,033 gpyp2013 & 2014 TOTAL SOS PROGRAM 1,600,000 ‐ 5,724,245 5,501,002 Design ConsultantContractorSOS PROGRAM STATUS REPORT2014 SOS Program TotalsProject Budget ($) Total Estimated Costs Design Construction2013 SOS Program TotalsPage 7 of 8DI.F Page 98 of 103
Date: April 30, 2014No.Proj. No.Location/Description% CompleteAdv. Date% CompleteFinish DateStaff ManagerStatusACP1016Fenster Levee Project:This project will complete new levee improvements on the Fenster Levee along the Green River.1,265,000 65% Jun‐14 Dec‐14 AndersenWork 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 1,265,000 OTHER PROJECTS ‐ ACTION BY OTHER COMMITTEE Total Estimated Costs Design ConstructionDesign ConsultantContractorPage 8 of 8DI.F Page 99 of 103
AGENDA BILL APPROVAL FORM
Agenda Subject:
Significant Infrastructure Projects by Others - Public Works
Status Report
Date:
April 29, 2014
Department:
Public Works
Attachments:
Report
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Osborne Staff:Gaub
Meeting Date:May 5, 2014 Item Number:DI.G
AUBURN * MORE THAN YOU IMAGINEDDI.G Page 100 of 103
Date: April 29, 2014
No.
Sponsor/
Applicant Location/Description Length
Permit(s)
Issued
Anticipated
Completion
Date Per
Applicant Status
1 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 May-14 Punchlist items and some small details being completed. King
County actively seeking permit closeout.
2 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 May-14
Restoration in progress. PSE has added some additional
residential gas line replacements which has extended the
completion time.
3
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 Late Summer
2014
Contractor is scheduled to restart the remaining project work
mid spring when weather conditions and river levels allow.
4 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 construction
which includes the permanent improvements along East Main
St including a pavement overlay and new channelization is
scheduled to start in June and be completed by September
2014.
5 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 1DI.GPage 101 of 103
AGENDA BILL APPROVAL FORM
Agenda Subject:
Action Tracking Matrix
Date:
April 30, 2014
Department:
Public Works
Attachments:
Matrix
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Osborne Staff:Gaub
Meeting Date:May 5, 2014 Item Number:DI.H
AUBURN * MORE THAN YOU IMAGINEDDI.H Page 102 of 103
Updated: 4/30/2014 9:08 AM
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 5/5/2014 N/A Ongoing - Quarterly updates
B System Development Charges Gaub 5/19/2014 5/19/2014 Consultant to complete analysis
C Cost of Service Analysis Gaub 6/2/2014 6/13/2014 Consultant to complete analysis
D Transportation Impact Fee Structure
Analyses Para TBD TBD
Overview of the process and regulatory review of Traffic Impact Fee
system will be presented at the March Committee of the Whole. More
detailed discussion of the TIF will follow with the Committee after
adoption of the TIP.
E Auburn Way South SR-164 Corridor Plan
Review Para 6/2/2014 6/2/2014 Review SR-164 Corridor Plan.
F Amberview Apartments Sewer Odor Bailey TBD TBD Review status when changes occur.
G Lea Hill Road Repair Gaub TBD TBD Review Status of Investigation as information is available.
Public Works Committee - Action Tracking Matrix
DI.HPage 103 of 103