HomeMy WebLinkAbout06-02-2014 Public Works Committee Agenda Packet
Public Works Committee
June 2, 2014 - 4:30 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*
III.ACTION
A. Public Works Project No. CP1323* (Carter)
Grant permission to advertise for bids for Project No. CP1323, 2014 Local Street
Pavement Reconstruction Project
B. Right-of-Way Use Permit No. 14-15* (Mund)
Approve Right-of-Way Use Permit No. 14-15 for Pierce Transit
C. Ordinance No. 6506* (Mund)
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
D. Resolution No. 5065* (Mund)
A Resolution of the City Council of the City Of Auburn, Washington, Setting a
Public Hearing to Consider the Vacation of Un-Opened Right-of-Way of South
324th Street Between 46th Place South and 51st Avenue South, South of South
321st Street, Within the City Of Auburn, Washington
IV.DISCUSSION ITEMS
A. Resolution No. 5069* (Hursh)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
acceptance of a grant from the Washington Service Corps to provide a full-time
disaster services member to the City of Auburn, and authorizing the Mayor and
City Clerk to execute the necessary agreements to accept said member
B. Resolution No. 5070* (Hursh)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
acceptance of a grant from the Washington Service Corps to provide a full-time
veterans services member to the City of Auburn, and authorizing the Mayor and
City Clerk to execute the necessary agreements to accept said member
Page 1 of 69
C. Resolution No. 5074* (Para)
A Resolution of the City Council of the City of Auburn, Washington, setting the time
and date for a Public Hearing before the City Council on the 2015-2020
Transportation Improvement Plan
D. Capital Project Status Report* (Sweeting)
E. Significant Infrasturcture Projects by Others - Public Works Status Report*
(Gaub)
F. 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 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Approval of Minutes
Date:
May 27, 2014
Department:
Public Works
Attachments:
Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee to approve the minutes of the May 19, 2014 Public Works
Committee meeting.
Background Summary:
See attached draft minutes.
Reviewed by Council Committees:
Public Works
Councilmember:Osborne Staff:
Meeting Date:June 2, 2014 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 3 of 69
Public Works Committee
May 19, 2014 - 3:30 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Vice-Chair Bill Peloza 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
Committee members present were: Vice-Chair Bill Peloza, acting as
Chair, Member Claude DaCorsi, acting as Vice-Chair and
Councilmember John Holman, substituting for Chairman Wayne
Osborne, whose absence was excused. Also present during the
meeting were: Mayor Nancy Backus, Director of Community
Development and Public Works Kevin Snyder, Assistant Director of
Engineering/City Engineer Ingrid Gaub, Assistant Director of Public
Works Operations Randy Bailey, Finance Accounting Manager
Rhonda Ewing, Assistant City Engineer Jacob Sweeting, Economic
Development Manager Doug Lein, Acting Utilities Engineer Susan
Fenhaus, Transportation Manager Pablo Para, Project Engineer Matt
Larson, Engineering Aide Amber Mund, and Public Works Secretary
Molly Hoisington. Members of the public in attendance included: Tom
Brosius.
B. Announcements
There were no announcements.
C. Agenda Modifications
There was one modification, adding Discussion Item F, Resolution No.
5072 to the agenda.
II. CONSENT AGENDA
A. Approval of Minutes
Public Works Committee to approve the minutes of the May 5, 2014
Public Works Committee meeting
Member DaCorsi noted a Scrivener’s error on page 6 of 7.
It was moved by Member DaCorsi, seconded by Councilmember
Holman, that the Committee approve the Public Works Committee
Page 1 of 6
CA.A Page 4 of 69
Meeting minutes for date, May 5, 2014, as amended.
Motion carried 3-0.
III. ACTION
A. Right-of-Way Use Permit No. 14-13 (Mund)
Approve Right-of-Way Use Permit No. 14-13 for the City’s 123nd
Birthday Celebration
Engineering Aide Mund advised Committee that Right-of-Way Use
Permit No. 14-13 is for the City’s 123rd Birthday Celebration. The
applicant has requested to close and use West Main Street between A
Street NW/SW and Division Street N/S from 3:00pm to 9:00pm to
allow for the event set up and clean up.
It was moved by Member DaCorsi, seconded by Councilmember
Holman, that the Committee approve Right-of-Way Use Permit No.
14-13 for the Citys 123rd Birthday Celebration.
Motion carried 3-0.
B. Public Works Project No. C410A (Larson)
Approve Final Pay Estimate No.9 to Contract No. 11-12 in the amount
of $5,780.94 and accept construction of Project No. C410A South
277th St. Reconstruction-Wetland Mitigation Improvements
Project Engineer Larson provided a brief background summary of the
project.
Assistant Director of Engineering Gaub and Project Engineer Larson
responded to a question asked by Member DaCorsi regarding the pay
estimate.
It was moved by Member DaCorsi, seconded by Councilmember
Holman, that the Committee approve Final Pay Estimate No. 9 to
Contract No. 11-12 in the amount of $5,780.94 and accept
construction of Project No. C410A South 277th Street Reconstruction-
Wetland Mitigation Improvements.
Motion carried 3-0.
IV. DISCUSSION ITEMS
A. Quarter 1 - 2014 Financial Report (Coleman)
Finance Accounting Manager Ewing advised this is the financial report
for the first quarter of 2014, which encompasses January through
March.
Page 2 of 6
CA.A Page 5 of 69
General Fund highlights include:
• General Fund revenues totaled $11.4 million and exceeded year-to-
date budget of $9.9 million due primarily to increased revenues from
sales tax collections, property tax collections and building permit
revenues.
• General Fund expenditures were $12.8 million and compares to
$12.5 million for the same period last year. Part of this increase is due
to the Golf Course fund being reported under the General Fund as of
January 1, 2014.
• Payments to SCORE decreased by $675,000.00.
• Overall departmental spending is $872,000.00 under budget for the
first quarter.
Enterprise Fund highlights include:
• Water Fund has an operating income of $148,000.00 compared to
$8,000.00 the previous year for the same time period.
• Sewer Fund has $58,000.00 operating loss compared to
$305,000.00 the previous year.
• Sewer-Metro Utility Fund has an operating loss of $58,000.00
compared to $180,000.00 the previous year.
• Stormwater Utility Fund has an operation income of $370,000.00
compared to $330,000.00 the previous year.
• The Cemetery ended the first quarter with operating income of
$42,000.00 compared to $31,000.00 the previous year.
Councilmember Holman complimented the Finance team on their
budgeting abilities.
Finance Accounting Manager Ewing replied to a question asked by
Member DaCorsi regarding the pet licensing chart on page 37.
B. Draft 2015-2020 Transportation Improvement Program (TIP) (Webb)
Answering a question asked by Vice-Chair Peloza, Transportation
Manager Para explained the Transportation Improvement Program
deletions.
Transportation Manager Para and Assistant Director of
Engineering/City Engineer Gaub responded to a question asked by
Vice-Chair Peloza regarding the budget funds on TIP #5.
Transportation Manager Para explained the bicycle boulevard in TIP
#10, following a question asked by Member DaCorsi.
In response to a question asked by Member DaCorsi, Transportation
Manager Para explained the progress summary and the associated
budget on TIP #19.
Page 3 of 6
CA.A Page 6 of 69
Transportation Manager Para responded to a question asked by
Member DaCorsi regarding the annual maintenance cost on TIP #23,
which appears to be a typo.
Responding to a question asked by Vice-Chair Peloza, Transportation
Manager Para explained the progress summary on TIP #26. Mayor
Backus commented on this as well.
Transportation Manager Para clarified the description on TIP #32,
following a question asked by Vice-Chair Peloza.
Transportation Manager Para responded to a question asked by
Member DaCorsi regarding the Interurban Trail on TIP #45.
Councilmember Holman also commented on this.
Assistant Director of Engineering/City Engineer Gaub and
Transportation Manager Para responded to a question regarding TIP
#69, in response to a question asked by Vice-Chair Peloza.
C. Capital Project Status Report (Sweeting)
Item 31 – C229A – BNSF/EVH Pedestrian Undercrossing:
In response to a question asked by Member DaCorsi, Assistant
Director of Engineering/City Engineer Gaub provided additional details
regarding the project scope and budget.
D. Significant Infrastructure Projects by Others - Public Works Status
Report (Gaub)
There were no questions from the Committee.
E. Action Tracking Matrix (Gaub)
Vice-Chair Peloza requested a status update on the sidewalk outside
of City Hall, which was discussed at the last Committee meeting.
Assistant Director of Public Works Operations Bailey responded
advising a work order was entered and that a temporary repair has
been made. Transportation Manager Para further explained that a few
panels on that sidewalk are scheduled to be replaced this year.
Item F – Amberview Apartments Sewer Odor:
Director of Public Works Operations Bailey provided background
information regarding this item as requested by Councilmember
Holman.
Item G – Lea Hill Road Repair:
Assistant City Engineer Sweeting provided a status update on the Lea
Hill Road Repair following the request made by Councilmember
Holman.
Page 4 of 6
CA.A Page 7 of 69
Vice-Chair Peloza mentioned the possibility of retrofitting existing fire
hydrants so that all hydrants have Storz adapters to better serve the
Valley Regional Fire Authority (VRFA). Staff explained the high cost
associated with this and advised it is not currently financially feasible
within the water enterprise fund to replace all existing hydrants;
however, all new or replaced hydrants include the Storz adapter
preferred by VRFA. Additionally, VRFA has not indicated that the
existing hydrants are a problem at this time.
F. Resolution No. 5072 (Lein)
This Resolution was an Agenda Modification, and for the purpose of
these minutes was discussed after Discussion Item A.
Economic Development Manager Lein introduced himself and General
Manager for Orion Industries, Tom Brosius.
Economic Development Manager Lein explained this is a Resolution
for support and approval which has been requested by the
Washington Economic Development Finance Authority (WEDFA)
which is an independent agency within the executive branch of state
government. WEDFA was created by the legislature to act as a
financial conduit to businesses through the issuance of nonrecourse
revenue bonds.
Orion Industries recently built a new facility on 15th Street NE.
Included in the Resolution, Exhibit A, Section 3 (f) states "…the Issuer
shall have received evidence that the county, city, or town within
whose planning jurisdiction the Project lies has approved the Project
and the Bonds or such other evidence satisfactory to the Issuer that
the Project will be welcomed by the community in which the Project
will be located" which is asking to make sure the community wants the
project here and that it is found to be a positive economic
development move and job creator for the community.
General Manager for Orion Industries, Tom Brosius, thanked the City
of Auburn for welcoming Orion Industries to the community and all the
work the Economic Development Team provided to encourage
making Auburn their new home. Mr. Brosius stated it has been a very
positive experience and that they now have 250 people employed in
the new facility.
The Committee voiced their satisfaction with Orion Industries
choosing Auburn for their new facility.
Vice-Chair Peloza requested to have ".00" added to page 2 of
Resolution No. 5072.
V. ADJOURNMENT
Page 5 of 6
CA.A Page 8 of 69
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 4:16 p.m.
Approved this 2nd day of June, 2014.
________________________ _________________________
Wayne Osborne Molly Hoisington
Chairman Public Works Department Secretary
Page 6 of 6
CA.A Page 9 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1323
Date:
May 27, 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. CP1323, 2014 Local Street Pavement Reconstruction Project
Background Summary:
The 2014 Local Street Pavement Reconstruction project will reconstruct 0.74 miles of
local streets (shown on the attached map) as part of the 2014 Save Our Streets (SOS)
program. In addition, storm drainage improvements will also be constructed on the
project streets to address local storm drainage issues. This work is funded by the 103
(Local Street) Fund.
This project will also replace deteriorated and undersized water mains and install a
sanitary sewer main as shown on the attached map. This work will be funded by the 430
(Water) Fund and 431 (Sewer) Fund respectively.
Construction of this project is anticipated to start in July 2014.
The 2014 SOS program will also overlay 0.44 miles of local streets; however, this work
will be done under a separate construction contract.
A project budget contingency of $22,379.00 remains in the 103 (Local Street Pavement
Preservation) Fund.
A project budget increase of $74,104.00 within the 430 (Water) Fund will be necessary,
however it will not require a budget adjustment since it is anticipated that this money will
be available from the Annual Water Repair & Replacement and Well Inspection &
Replacement Programs.
A project budget contingency of $32,544.00 remains in the 431 (Sewer) Fund.
AUBURN * MORE THAN YOU IMAGINEDACT.A Page 10 of 69
Reviewed by Council Committees:
Public Works
Councilmember:Osborne Staff:Carter
Meeting Date:June 2, 2014 Item Number:ACT.A
AUBURN * MORE THAN YOU IMAGINEDACT.A Page 11 of 69
Project No: CP1323Project Title:
Project Manager: Jai Carter
95% Design Update
Initiation Date: _September 16, 2013_ 2014 Budget Carry Forward Date:5/2/14
Advertisement Date: _June 12, 2014_______ Permission to Advertise
Award Date: ___________________ Contract Award
Contract Final Acceptance
Funding Prior Years 2014Future YearsTotal
103 Fund - Local Street1,929,2451,929,245
430 Fund - Water (Street Utility Improvements)500,000500,000
431 Fund - Sanitary Sewer (Street Utility Improvements)200,000200,000
Total02,629,245 0 2,629,245
Activity Prior Years 2014Future YearsTotal
Design Engineering - City Costs*10,00010,000
Design Engineering - Consultant Costs285,000285,000
Construction Estimate2,103,1142,103,114
Project Contingency (10%)210,311210,311
Construction Engineering - City Costs*20,00020,000
BUDGET STATUS SHEET
2014 Local Street Pavement Reconstruction Project
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Construction Engineering - Consultant Costs20,00020,000
Total02,648,42502,648,425
*City staff costs for street design and construction are not charged against the project budget and are not shown here.
Prior Years 2014Future YearsTotal
**103 Funds Budgeted ( )0(1,929,245)0(1,929,245)
103 Funds Needed01,906,86601,906,866
**103 Fund Project Contingency ( )0(22,379)0(22,379)
103 Funds Required 0000
Prior Years 2014Future YearsTotal
**430 Funds Budgeted ( )0(500,000)0(500,000)
430 Funds Needed0574,1040574,104
**430 Fund Project Contingency ( )0000
430 Funds Required 074,104074,104
Prior Years 2014Future YearsTotal
**431 Funds Budgeted ( )0(200,000)0(200,000)
431 Funds Needed0167,4560167,456
**431 Fund Project Contingency ( )0(32,544)0(32,544)
431 Funds Required 0000
** ( # ) in the Budget Status Sections indicates Money the City has available.
103 Local Street Budget Status
430 Water Budget Status
431 Sanitary Sewer Budget Status
1 of 1ACT.A Page 12 of 69
ACT.A Page 13 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Right-of-Way Use Permit No. 14-15
Date:
May 22, 2014
Department:
Public Works
Attachments:
Permit Conditions
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee approve Right-of-Way Use Permit No. 14-15 for Pierce Transit.
Background Summary:
Pierce Transit has requested a Right-of-Way Use Permit for a term of five years to
continue to operate Route 497 for commuter bus service and bus stops in the Lakeland
Hills area connecting to the Auburn Sounder Station. The service and stops were
previously permitted under a Right of Way Use Permit which has recently
expired. Please see the attached map and conditions for details.
Reviewed by Council Committees:
Public Works
Councilmember:Osborne Staff:Mund
Meeting Date:June 2, 2014 Item Number:ACT.B
AUBURN * MORE THAN YOU IMAGINEDACT.B Page 14 of 69
Right-of-Way Use Permit # 14-15 Special Conditions
The special conditions of this ROW Use Permit #14-15 are:
1) Applicant’s failure to comply with any special provisions/conditions of this
permit will 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 is to provide a signed and notarized Hold Harmless agreement.
4) Applicant is to conform to the approved use of Right-of-Way.
5) Applicant is required to secure separate construction permit(s) from the City
when installing bus stops, shelters or enlarging or pouring a concrete landing
pad.
6) The City reserves the right to eliminate, relocate or request enhancement of
bus stop facilities.
7) 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:
• The remaining capacity of the rights-of-way to accommodate other uses if
the applicant’s proposed use is granted.
• The effect, if any, on public health, safety, and welfare if the authorization
is granted.
• Such other factors as may demonstrate that the grant to use the rights-of-
way will serve the community interest.
ACT.B Page 15 of 69
Pierce Transit Rt 497 Lakeland Hills/Auburn Sounder Service
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
5/6/2014
Bus Route 497
Bus Stop Locations
ACT.B Page 16 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6506
Date:
April 21, 2014
Department:
Public Works
Attachments:
Ordinance No. 6506 and Exhibits A-D
Budget Impact:
$0
Administrative Recommendation:
City Council introduces and adopts Ordinance No. 6506 for Franchise Agreement No.
14-06 for tw telecom of washington llc.
Background Summary:
Per Auburn City Code Chapter 20.06.010, a franchise shall be required of any
commercial utility or telecommunications operator or carrier or other person who desires
to occupy public ways of the city and to provide telecommunications or commercial utility
services to any person or area in the city.
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.
Ordinance No. 6506, if adopted by City Council, approves Franchise Agreement No. 14-
06 subject to terms and conditions outlined in the Ordinance.
Reviewed by Council Committees:
Public Works
Councilmember:Osborne Staff:Mund
Meeting Date:June 2, 2014 Item Number:ACT.C
AUBURN * MORE THAN YOU IMAGINEDACT.C Page 17 of 69
AUBURN * MORE THAN YOU IMAGINEDACT.C Page 18 of 69
------------------------------
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 19 of 69
------------------------------
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 20 of 69
------------------------------
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 21 of 69
------------------------------
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 22 of 69
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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 23 of 69
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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 24 of 69
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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 25 of 69
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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 26 of 69
------------------------------
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 27 of 69
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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 28 of 69
------------------------------
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 29 of 69
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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 30 of 69
------------------------------
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 31 of 69
------------------------------
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 32 of 69
------------------------------
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 33 of 69
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 16 of 19
ACT.C Page 34 of 69
------------------------------
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 35 of 69
------------------------------
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 36 of 69
------------------------------
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 37 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5065
Date:
May 22, 2014
Department:
Public Works
Attachments:
Resolution No. 5065
Exhibit A
Exhibit B
Staff Report
Vicinity Map
Draft Preliminary Plat
Budget Impact:
$0
Administrative Recommendation:
City Council introduces and adopts Resolution No. 5065.
Background Summary:
PNW Home Builders North, LLC has applied to the City for vacation of the un-opened right-of-
way of South 324th Street located between 46th Place South and 51st Avenue South, south
of South 321st Street shown on Exhibit “B”. The Applicant is in the process of developing the
adjacent parcels and is proposing to include the right-of-way in their development.
The application has been reviewed by City staff and utility purveyors who have an interest in
this right-of-way. Through this review City staff has determined that the right of way is no
longer necessary to meet the needs of the City and that a public hearing should be set to
determine if said right-of-way may be vacated.
Resolution No. 5065, if adopted by City Council, sets the date of the public hearing for
Vacation No. V2-14 for July 7, 2014.
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Osborne Staff:Mund
Meeting Date:June 2, 2014 Item Number:ACT.D
AUBURN * MORE THAN YOU IMAGINEDACT.D Page 38 of 69
----------------------------
Resolution No. 5065
ROW Vacation V2-14
April 21, 2014
Page 1
RESOLUTION NO. 5065
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A PUBLIC HEARING
TO CONSIDER THE VACATION OF UN-OPENED RIGHT-
OF-WAY OF SOUTH 324th STREET BETWEEN 46TH PLACE
SOUTH AND 51ST AVENUE SOUTH, SOUTH OF SOUTH
321ST STREET, WITHIN THE CITY OF AUBURN,
WASHINGTON.
WHEREAS, the City of Auburn, Washington, has received a petition signed by
owners of at least two-thirds (2/3) of the property abutting un-opened right-of-way at the
location of South 324th Street between 46th Place South and 51st Avenue South, south of
South 321st Street and adjacent to Parcel Nos. 1521049128, 1521049001, 1521049020,
9262800271, 9262800194 and 9262800201, within the City of Auburn, Washington,
requesting that the same be vacated; and,
WHEREAS, pursuant to Section 35.79.010 of the Revised Code of Washington, a
hearing on such vacation shall be set by Resolution, with the date of such hearing being
not more than sixty (60) days nor less than twenty (20) days after the date of passage of
such Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That a hearing on the vacation of un-opened right-of-way of South
324th Street between 46th Place South and 51st Avenue South, south of South 321st Street,
located within the City of Auburn, Washington, legally described as follows:
ACT.D Page 39 of 69
----------------------------
Resolution No. 5065
ROW Vacation V2-14
April 21, 2014
Page 2
The north 30.00 feet of the southeast quarter of the northeast
quarter of Section 15, Township 21 North, Range 4 East,
W.M., lying easterly of the east margin of 46th Place South;
EXCEPT the east 30.00 feet thereof;
TOGETHER WITH that portion of the southeast quarter of the
northeast quarter of Section 15, Township 21 North, Range 4
East, W.M., described as follows:
COMMENCING at the northeast corner of said southeast
quarter; thence N89°06’27”W, along the north line of said
southeast quarter, a distance of 30.00 feet to the west line of
the east 30.00 feet of said southeast quarter; thence
S01°17’02”W, along said west line, 30.00 feet to the south line
of the north 30.00 feet of said southeast quarter and the
POINT OF BEGINNING of the herein described tract of land;
thence continuing S01°17’02”W 25.17 feet to a point of cusp
with a 25.00-foot radius curve to the Left, the center of which
bears N88°42’58”W; thence northwesterly, along said curve,
through a central angle of 90°23’29”, a distance of 39.44 feet
to a point of tangency with the south line of the north 30.00
feet of said southeast quarter; thence S89°06’27”E, along said
south line, a distance of 25.17 feet to the POINT OF
BEBINNING;
Contains 33,264± Square Feet (0.7636± Acres)
and as shown on the document attached hereto, marked as Exhibit “B” and incorporated
herein by this reference, is hereby set for 7:30 p.m. on the 7th day of July, 2014, at the City
Council Chambers at 25 West Main Street, Auburn, Washington, 98001, with all persons
wishing to speak to the vacation at the public hearing being invited to attend.
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
ACT.D Page 40 of 69
----------------------------
Resolution No. 5065
ROW Vacation V2-14
April 21, 2014
Page 3
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.D Page 41 of 69
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5/20/2014
V2-14 Staff Report
RIGHT-OF-WAY VACATION
STAFF REPORT
Right-of-Way (ROW) Vacation Number V2-14
Applicant: PNW Home Builders North, LLC
Property Location: Un-opened Right-of-Way of South 324th Street located between 46th Place South
and 51st Avenue South, south of South 321st Street.
Description of right-of-way:
This ROW proposed for vacation is un-opened ROW of South 324th Street located between 46th Place South and
51st Avenue South, south of 321st St South. The ROW is adjacent to Parcels 1521049128, 1521049001 and
1521049020 on the north side and Parcels 9262800271, 9262800194 and 9262800201on the south side. The
proposed area of ROW for vacation is 33,264(+/-) square feet.
The ROW was dedicated for street purposes to the public in 1907 by FM Jordan and Ada M Jordan under the plat
of West Auburn Five Acre Tracts recorded in Volume 15 of plats, Page 12, in the records of King County. This
area was under King County jurisdiction in 1907 and was annexed into the City of Auburn in 2008.
See Exhibits “A” and “B” for legal description and survey.
Proposal:
The Applicant proposes that the City vacate the above described right-of-way so that they can include the area in
development of the adjoining parcels under the plat know as Auburn Assemblage shown on the draft preliminary
plat map.
Applicable Policies & Regulations:
• RCW’s applicable to this situation - meets requirements of RCW 35.79.
• MUTCD standards - not affected by this proposal.
• City Code or Ordinances - meets requirements of ACC 12.48.
• Comprehensive Plan Policy - not affected.
• City Zoning Code - not affected.
Public Benefit:
• The vacated area may be subject to property taxes.
Discussion:
The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, Lakehaven Utility
District and City staff .
1. PSE – PSE has no existing electric and gas facilities in the proposed vacation area.
2. Comcast – Comcast does not have any plan or easements in the ROW that is being vacated. We do not
oppose the vacation.
3. CenturyLink – CenturyLink had the area located and does not have any existing facilities in the proposed
vacation area.
4. Lakehaven Utility District – All facilities are currently located outside of the proposed area for vacation so
an easement will not be required. The applicant will provide any necessary easements for new services
associated with the development of their project.
5. Water – There are currently no City of Auburn water facilities in the ROW proposed for vacation. This is
in the Lakehaven Utility District and they may have existing facilities.
ACT.D Page 44 of 69
2 of 2
5/20/2014
V2-14 Staff Report
6. Sewer – The area is within Lakehaven Utility District’s sewer service area. The City has no sewer
facilities in this area and an easement is not needed.
7. Storm –There are no existing storm facilities in the proposed vacation area. An easement is not needed.
8. Transportation – The alignment of Road E, within the proposed plat by the applicant, may change slightly
based on design comments provided to the applicant on 04/01/14. This will not impact the ROW vacation
but may impact the ROW dedication through the platting process for the realigned roadway. Otherwise,
no comments.
9. Planning – Proposed Road E must align with the centerline of the existing S 324th Street ROW to the east
of 51st Avenue South. The plat exhibit provided does not show the appropriate reverse curve and tie in as
specified to the Applicant. Other than that planning has no further issue with the request and will default
to the expertise of the Traffic Engineer.
10. Fire – No comments
11. Police – No comments
12. Streets – No comments
13. Construction – No comments
14. Innovation and Technology – No comments
15. General Review – While the current alignment of S 324th St un-opened ROW is not necessarily needed
and could be vacated, a general network connection in the area between 46th Place South and 51st
Avenue South may still be needed in the future. The ROW could be vacated as long as the applicant
dedicates ROW providing a network connection parallel and equivalent to the vacated corridor with the
proposed plat development that is faciltiating this ROW vacation. A temporary construction easement
over the area to be vacated should be approved to assist the applicant in achieving final plat prior to the
vacation taking effect.
Assessed Value:
ACC 12.48 states “The city council may require as a condition of the ordinance that the city be compensated for
the vacated right-of-way in an amount which does not exceed one-half the value of the right-of-way so vacated,
except in the event the subject property or portions thereof were acquired at public expense or have been part of
a dedicated public right-of-way for 25 years or more, compensation may be required in an amount equal to the full
value of the right-of-way being vacated. The city engineer shall estimate the value of the right-of-way to be
vacated based on the assessed values of comparable properties in the vicinity. If the value of the right-of-way is
determined by the city engineer to be greater than $2,000, the applicant will be required to provide the city with an
appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The city reserves
the right to have a second appraisal performed at the city’s expense.” Note: The city engineer has not required
an appraisal for the value of this right-of-way since the right-of-way was originally acquired through dedication of a
Plat and subsequent annexation at no cost to the City.
RCW 35.79.030 states the vacation “shall not become effective until the owners of property abutting upon the
street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not
exceed one-half the appraised value of the area so vacated. If the street or alley has been part of a dedicated
public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at
public expense, the city or town may require the owners of the property abutting the street or alley to compensate
the city or town in an amount that does not exceed the full appraised value of the area vacated.”
The right-of-way was acquired through dedication of a Plat on March 28, 1907 under the jurisdiction of King
County at no cost and was annexed to the City of Auburn in 2008.
Recommendation:
1. Staff recommends that the street vacation be granted with the condition that the effective date of the
vacation be upon approval and recordation of the Final Plat associated with Preliminary Plat No. PLT13-
0006 (Auburn Assemblage) in accordance with ACC Title 17, as long as the final plat contains a
dedication of right-of-way providing a network connection parallel and equivalent to the vacated corridor.
2. Staff recommends that a temporary construction easement over the area to be vacated be granted to
assist the applicant in achieving final plat prior to the vacation taking effect.
ACT.D Page 45 of 69
PNW Home Builders North LLC - Auburn Assemblage - S 324th St between 46th Pl S and 51st Ave S Legend
Printed On:2/28/2014
Created by City of Auburn eGIS
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes
no warranty as to its accuracy.
Addresses*
Street Centerlines*
Private Streets
Public Streets
Parcels*
Power Vault*
Utility Poles*
Junction Boxes*
Street Lights*
COA
Other
PSE
Electrical Service*
Gas Lines*
Commercial Fiber*
COA Fiber*
COA Fiber
INET Fiber
ITS Fiber
Traffic Signals
Fire Station Signal
Pedestrian Signal
Traffic Signal
Traffic Flashers
Pedestrian Flasher
School Zone Flasher
Railroad Signals
Traffic Signal Cabinets*
Power Service Cabinets*
Traffic Signal Heads*
Traffic Signal Mast Arms*
Street Painted Lines*
Airport
Bike Lane
Bike Lane Symbol
Crosswalk
Dashed Dividng Line
Directional Symbols
Fog Line
Parking
HOV Lane
HOV Symbol
On Street Parking
Painted Road Line
Railroad Crossing
Solid Dividing Line
Stop Line
Copper Innerconnects
Conduit
Illumination Conduit
Communication Conduit
Traffic Conduit
Spare Conduit
Storm Drainage Caps*
COA Storm Caps
Other Storm Caps
Storm Drainage Catch Basins*
COA Storm Catch Basins
Other Storm Catch Basins
Storm Drainage Cleanouts*
COA Storm Cleanouts
Other Storm Cleanouts
Storm Drainage Pump Stations*
Storm Drainage Separators
COA Storm Separator
Other Storm Separator
Storm Drainage Infalls
COA Storm Infalls
Other Storm Infalls
Storm Drainage Manholes*
COA Storm Manholes
Other Storm Manholes
Storm Drainage Outfalls
COA Storm Outfalls
Other Storm Outfalls
Storm Drainage Channels*
COA Storm Channels
Other Storm Channels
Storm Drainage Culverts*
COA Storm Culverts
Other Storm Culverts
Storm Drainage Pipes*
COA Storm Gravity Mains
Other Storm Gravity Mains
Storm Drainage Detention Sites
Basic Biofiltration Swale
CP Oil Water Separator
Detention
Detention and Wet Pond
Detention Pond
Detention Tank
Detention Vault
Flood Storage
Infiltration
Infiltration and Swale
Infiltration Pond
Oil Separator
Pond
Pond and Swale
Stormfilter
Stormfilter Vault
Swale
UIC
Vault
Vault and Swale
Vortechnic
Wet Biofiltration Swale
Wet Pond
Wet Vault
Water Blowoffs*
COA Blowoffs
Other Blowoffs
Water Caps*
COA Water Caps
Other Water Caps
Water Interties
COA Water Interties
Other Water Interties
Water Pump Stations*
COA Water Pumps
Other Water Pumps
Water Springs
Water Wells
Water Reservoirs
COA Water Reservoirs
Other Water Reservoirs
Water Hydrants*
COA Water Hydrants
Other Water Hydrants
Water Meters*
COA Water Meters
Other Water Meters
Large Water Meters*
Water PRVs*
COA Water PRVs
Other Water PRVs
Water Valves*
COA Water Valves
Other Water Valves
Water Laterals*
COA Water Laterals
Other Water Laterals
Water Lines*
COA Water Lines
Other Water Lines
Sanitary Sewer Caps*
Sanitary Sewer Cleanouts*
Sanitary Sewer Pump Stations*
Sanitary Sewer Separators
Sanitary Sewer Siphons
Sanitary Sewer Wet Well
Sanitary Sewer Manholes*
Sanitary Sewer Blood Borne Manholes
Sanitary Sewer Manholes
Sanitary Sewer Laterals*
Sanitary Sewer Mains*
2012 Aerial North
Red: Band_1
Green: Band_2
Blue: Band_3
2012 Aerial South
Red: Band_1
Green: Band_2
Blue: Band_3
ACT.D Page 46 of 69
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Road B
Road C
Road D
Ro
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ACT.DPage 47 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5069
Date:
May 15, 2014
Department:
Administration
Attachments:
Resolution 5069
Budget Impact:
$6200
Administrative Recommendation:
Background Summary:
The City of Auburn has a continued need to provide disaster education to the public. Since 2006, we have
utilized the AmeriCorps program to coordinate this function and deliver public education. This grant of a
full-time AmeriCorps member for 2014/2015 will allow us to continue our public education programs.
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Osborne Staff:Hursh
Meeting Date:June 2, 2014 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 48 of 69
--------------------------------------------------
Resolution No.5069
May 27, 2014
Page 1
RESOLUTION NO. 5 0 6 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE
OF A GRANT FROM THE WASHINGTON SERVICE CORPS TO
PROVIDE A FULL-TIME DISASTER SERVICES MEMBER TO
THE CITY OF AUBURN, AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE NECESSARY AGREEMENTS
TO ACCEPT SAID MEMBER
WHEREAS, the City of Auburn has an office of Emergency Management,
dedicated to preparing the City and its residents for disaster; and
WHEREAS, the Washington Service Corps provides full-time disaster
services volunteers to local programs through the AmeriCorps program; and
WHEREAS, the City of Auburn desires to provide comprehensive disaster
education to Auburn residents; and
WHEREAS, the City of Auburn has been accepted as a host site for a
2014/2015 AmeriCorps member,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose. The City Council of the City of Auburn hereby
accepts a grant from the Washington Service Corps of one Disaster Services
AmeriCorps member, for the 2014/2015 program year.
Section 2. Implementation. The Mayor of the City of Auburn is hereby
authorized to implement such administrative procedures as may be necessary to
carry out the directions of this resolution.
Section 3. Effective Date. This Resolution shall be in full force and effect
upon passage and signatures hereon.
DI.A Page 49 of 69
--------------------------------------------------
Resolution No.5069
May 27, 2014
Page 2
SIGNED and DATED this _______ day of May 2014.
CITY OF AUBURN
_________________________
Nancy Backus
MAYOR
ATTEST:
_______________________
Danielle Daskam,
City Clerk
APPROVED AS TO FORM:
________________________
Daniel B. Heid,
City Attorney
DI.A Page 50 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5070
Date:
May 15, 2014
Department:
Administration
Attachments:
Resolution 5070
Budget Impact:
$6200
Administrative Recommendation:
Background Summary:
The City of Auburn has a newly established Veteran’s Coordinator. The AmeriCorps member will assist in
outreach efforts and volunteer coordinator to support this position.
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Osborne Staff:Hursh
Meeting Date:June 2, 2014 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 51 of 69
--------------------------------------------------
Resolution No.5070
May 27, 2014
Page 1
RESOLUTION NO. 5 0 7 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE
OF A GRANT FROM THE WASHINGTON SERVICE CORPS TO
PROVIDE A FULL-TIME VETERANS SERVICES MEMBER TO
THE CITY OF AUBURN, AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE NECESSARY AGREEMENTS
TO ACCEPT SAID MEMBER
WHEREAS, the City of Auburn has a coordinator of Veterans Services,
dedicated to providing services to veterans; and
WHEREAS, the Washington Service Corps provides full-time veterans
services volunteers to local programs through the AmeriCorps program; and
WHEREAS, the City of Auburn desires to provide outreach to veterans
who are Auburn residents; and
WHEREAS, the City of Auburn has been accepted as a host site for a
2014/2015 AmeriCorps member,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose. The City Council of the City of Auburn hereby
accepts a grant from the Washington Service Corps of one Veterans Services
AmeriCorps member, for the 2014/2015 program year.
Section 2. Implementation. The Mayor of the City of Auburn is hereby
authorized to implement such administrative procedures as may be necessary to
carry out the directions of this resolution.
Section 3. Effective Date. This Resolution shall be in full force and effect
upon passage and signatures hereon.
DI.B Page 52 of 69
--------------------------------------------------
Resolution No.5070
May 27, 2014
Page 2
SIGNED and DATED this _______ day of May 2014.
CITY OF AUBURN
_________________________
Nancy Backus
MAYOR
ATTEST:
_______________________
Danielle Daskam,
City Clerk
APPROVED AS TO FORM:
________________________
Daniel B. Heid,
City Attorney
DI.B Page 53 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5074
Date:
May 22, 2014
Department:
Public Works
Attachments:
Resolution No. 5074
Budget Impact:
$0
Administrative Recommendation:
City Council to adopt Resolution No. 5074.
Background Summary:
The purpose of this Resolution is for the City Council to set a time and date for a public
hearing to amend the Six Year Transportation Improvement Plan.
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Osborne Staff:Para
Meeting Date:June 2, 2014 Item Number:DI.C
AUBURN * MORE THAN YOU IMAGINEDDI.C Page 54 of 69
---------------------------
Resolution No. 5074
May 20, 2014
Page 1
RESOLUTION NO. 5074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING THE TIME AND DATE FOR
A PUBLIC HEARING BEFORE THE CITY COUNCIL ON THE
2015-2020 TRANSPORTATION IMPROVEMENT PLAN
WHEREAS, RCW 35.77.010 requires that the City of Auburn annually
prepare and adopt a comprehensive transportation improvement program for
each ensuing six calendar years to ensure that the City will have available
advance plans as a guide in carrying out a coordinated street construction
program; and
WHEREAS, RCW 35.77.010 requires the City Council to annually
conduct a public hearing to review the work accomplished under each six-year
Transportation Improvement Program, and to adopt a revised and extended
comprehensive transportation improvement program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. PURPOSE. The purpose of this Resolution is for the City
Council to set a time and date for a public hearing on the 2015-2020
Transportation Improvement Plan, to review the work accomplished under the
program, and to identify capital transportation system improvement projects,
and relevant transportation studies.
DI.C Page 55 of 69
---------------------------
Resolution No. 5074
May 20, 2014
Page 2
Section 2. NOTICE OF HEARING. The Council hereby directs that a
notice specifying the time and place of the public hearing shall be published one
time in a newspaper of general circulation and the notice shall also be posted in
three public places. Such public notice shall precede the public hearing by at
least 10 days.
Section 3. DATE OF HEARING. Pursuant to the requirements of State
law, a public hearing on said 2015-2020 Transportation Improvement Program
will be held on the 16th day of June, 2014, at 7:30 p.m., or as soon thereafter
as reasonably possible, in the Council Chambers of the Auburn City Hall at 25
West Main Street in Auburn, Washington, before the City Council. All persons
interested in said 2015-2020 Transportation Improvement Program may attend
and testify at said hearing.
Section 4. AUTHORITY. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directives
of this legislation.
Section 5. EFFECTIVE DATE. This resolution shall be in full force and
effect upon passage and signatures hereon.
DI.C Page 56 of 69
---------------------------
Resolution No. 5074
May 20, 2014
Page 3
DATED and SIGNED this _____ day of June, 2014.
CITY OF AUBURN
_______________________________
NANCY BACKUS
MAYOR
ATTEST:
________________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
________________________
Daniel B. Heid,
City Attorney
DI.C Page 57 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Capital Project Status Report
Date:
May 28, 2014
Department:
Public Works
Attachments:
Capital Project Status Report
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Osborne Staff:Sweeting
Meeting Date:June 2, 2014 Item Number:DI.D
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 58 of 69
Page 1 of 7
Date: May 28, 2014
1
C2
0
1
A
M Street Underpass (Grade
Separation):
The purpose of this project is to grade
separate ‘M’ Street SE from the
Burlington Northern Santa Fe Stampede
Pass Rail line in Phase 1 and completion
of the Auburn Black Diamond Road
Bypass connection is a future phase.
5,166,560
(Street)
150,000
(Water)
872,372
(Fed Grant)
5,990,000
(FMSIB)
2,630,509
(TIB)
1,106,592
(King County)
1,542,800
(Ports)
478,000
(BNSF)
1,140,000
(REET2)
3,397,174
(PWTF)
22,474,007 22,474,007 100%Dec-11 100%May-14 Vondrak Final pay underway.CH2MHill Scarsella
Brothers
2
CP
1
2
2
5
West Valley Highway Preservation -
15th NW to 37th NW:
This project will complete an overlay of
WVH for the purpose of pavement
preservation.
560,000
(Street)
560,000
(Federal) 1,120,000 1,093,525 100%Jul-13 100%Jun-14 Wickstrom Contractor addressing WSDOT final
walkthru punchlist items. N/A Icon
3
CP
1
2
2
2
Citywide Traffic Signal Improvements:
This project will construct safety
improvements at a number of signals
throughout the City.
81,916
(Street)
400,000
(Federal) 481,916 472,889 100%Oct-13 99%Jun-14 Larson Finalization of contract pending
WSDOT final inspection.N/A
Valley Electric
of Mount
Vernon
4
C5
2
4
A
SCADA System Improvement -
Technology Upgrades
This 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 97%Jul-14 Sweeting
All sites have been converted.
Punchlist, documentation, and training
is underway.
TSI TSI
5
CP
0
9
0
9
Academy Booster Pump Station:
This project will update/replace the
existing pump station in the Academy
water service area in order to meet fire
flow demands.
3,526,255
(Water) 3,526,255 3,168,295 100%Sep-12 97%Jul-14 Vondrak Work is underway. Carollo
Engineers Rodarte
Total Estimated
Costs
Design Construction
No.
Proj.
No.Location/Description Other Total Budget
%
Co
m
p
l
e
t
e
Adv.
Date
%
Co
m
p
l
e
t
e
Finish
Date
Project
Manager Status Co
n
t
r
a
c
t
o
r
CAPITAL PROJECT STATUS REPORT
Street,
Utilities
Project Budget ($)
De
s
i
g
n
Co
n
s
u
l
t
a
n
t
DI
.
D
Pa
g
e
5
9
o
f
6
9
Page 2 of 7
Date: May 28, 2014
Total Estimated
Costs
Design Construction
No.
Proj.
No.Location/Description Other Total Budget
%
Co
m
p
l
e
t
e
Adv.
Date
%
Co
m
p
l
e
t
e
Finish
Date
Project
Manager Status Co
n
t
r
a
c
t
o
r
CAPITAL PROJECT STATUS REPORT
Street,
Utilities
Project Budget ($)
De
s
i
g
n
Co
n
s
u
l
t
a
n
t
6
CP
1
1
2
0
Lea Hill Safe Routes to Schools
Improvements:
This project will complete improvements
for safe walking routes to Hazelwood
Elem., Lea Hill elem., and Rainer Middle
School along 116th Ave. SE and SE 312
St.
34,000
(Street)
398,500
(Federal)
21,597 (Police
& ASD In Kind
Services)
454,097 447,600 100%Jun-13 93%Jul-14 Truong Final contract work is awaiting private
utility pole relocation and connection.N/A Archer
7
CP
1
2
0
7
D Street NE Utility Improvements:
This project will complete storm, sewer,
water and street improvements related
to the Port of Seattle mitigation
agreement on D Street NE.
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 90%Aug-14 Truong Work is underway. N/A Jennings
Northwest
8
CP
1
3
0
1
2013 Sidewalk Repair Project:
This project will complete repair and
replacement of existing sidewalks at
various locations around Downtown and
Auburn High School.
260,000
(328 Fund) 260,000 227,118 100%Jan-14 90%May-14 Carter Work is underway.N/A Trinity
Contractors
9
C5
2
4
A
SCADA 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.
420,420
(Water)
52,815
(Sewer)
71,190
(Storm)
544,425 544,425 100%Mar-14 1%Dec-14 Sweeting
Work underway. Contractor will be
completing an emergency sewer
repair on 17th Street near the Garden
Apartments. This work will be paid as
a change order to this contract with a
cost of approximately $15k.
TSI RL Alia
10
CP
1
1
0
4
104th Street & 8th Street NE
Intersection Improvements:
This project will provide safety
improvements at the intersection of 8th
Street SE and 104th Avenue SE,
including signal modifications and sight
distance improvements.
278,608
(Street)
100,000
(Fed. Grant) 378,608 370,514 99%Jun-14 Dec-14 Larson Working with WSDOT for approval to
advertise. N/A
DI
.
D
Pa
g
e
6
0
o
f
6
9
Page 3 of 7
Date: May 28, 2014
Total Estimated
Costs
Design Construction
No.
Proj.
No.Location/Description Other Total Budget
%
Co
m
p
l
e
t
e
Adv.
Date
%
Co
m
p
l
e
t
e
Finish
Date
Project
Manager Status Co
n
t
r
a
c
t
o
r
CAPITAL PROJECT STATUS REPORT
Street,
Utilities
Project Budget ($)
De
s
i
g
n
Co
n
s
u
l
t
a
n
t
11
CP
1
0
2
4
AWS and M Street SE Intersection
Improvements:
This project will complete improvements
at the intersection per Option 2 selected
by the Public Works Committee, which
includes adding a right turn lane from
westbound Auburn Way S to M St SE
and re-aligning the intersection of 17th
St SE (on the north side of Auburn Way
S) to be perpendicular to Auburn Way S.
380,000
(Street)
450,000
(TIB) 830,000 816,262 100%Jun-14 Dec-14 Sweeting PSE facility relocation is underway.
Working with WSDOT for approval of
plans.
N/A
12
C5
1
2
A
Well 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%Jun-14 Mar-15 Wickstrom Contract documents being finalized.RH2
13
CP
1
2
0
8
Sewer Pump Station Improvements
(Repair & Replacement Program):
This project will repair and modify
existing sanitary sewer pump station
facilities located at: F St SE, R St NE,
22nd St NE, Rainer Ridge, Valley
Meadows, 8th St NE, Area 19, North
taps, Peasley Ridge, Riverside, and
Terrace View to address access,
corrosion resistance, site security and
new generators where needed.
955,000
(Sewer) 955,000 955,000 97%Jun-14 Nov-14 Truong
Finalization of contract documents
underway. Additional time needed to
resolve design issues. Advertisement
date adjusted accordingly.
Jacobs/Norto
n Corrosion
14
CP
1
1
2
2
30th Street NE Storm Improvements:
This project will replace the 30-inch
storm drainage line along 30th Street NE
from the north end of the Airport to the
Brannon Park Storm Pump Station to
address localized flooding issues.
2,974,699
(Storm) 2,974,699 2,822,299 95%Jun-14 Feb-15 Truong Design is underway.Otak
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Page 4 of 7
Date: May 28, 2014
Total Estimated
Costs
Design Construction
No.
Proj.
No.Location/Description Other Total Budget
%
Co
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p
l
e
t
e
Adv.
Date
%
Co
m
p
l
e
t
e
Finish
Date
Project
Manager Status Co
n
t
r
a
c
t
o
r
CAPITAL PROJECT STATUS REPORT
Street,
Utilities
Project Budget ($)
De
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15
CP
1
1
0
9
2011 Storm Pipeline Repair and
Replacement, Phase 2:
This project will construct storm
drainage improvements on Hi-Crest
Drive NW. 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 55%Jun-14 Dec-14 Vondrak Design underway.N/A
16
CP
0
9
1
5
Well 1 Improvements - Well
Replacement:
This project will rehabilitate or replace
Well 1 so that it can function at full
capacity and complete modifications to
the Howard Road Corrosion Control
Facility.
2,476,568
(Water) 2,476,568 2,400,000 90%Jul-14 Dec-14 Sweeting Design is underway.Golder
Associates
17
CP
1
4
0
2
2014 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 61%Jul-14 Dec-14 Carter
Advertisement date shifted to allow
additional time for curb ramp design.
Design work is underway.
N/A
18
CP
1
2
1
9
Valley AC Watermain Replacement:
This project will repair or replace
asbestos cement water lines along AWN,
49th and B St NW and at the M&O/Parks
Maintenance area.
1,233,574
(Water) 1,233,574 1,208,722 60%Jul-14 Feb-15 Truong Design is underway. SEPA review
underway.N/A
19
CP
1
3
0
8
BNSF Utility Crossings Project:
This project will address utility crossings
of the BNSF right-of-way that will be
affected by the 3rd rail line that
BNSF/Sound Transit plan to building in
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%Aug-14 Jan-15 Sweeting
Working to get permit approvals from
BNSF. Scoping of additional work to
re-pave intersection of 37th and B
Street underway.
Parametrix
20
CP
1
3
2
2
Annual Traffic Signal Improvements:
This project includes procuring and
installing traffic signal equipment
upgrades for existing signals.
245,000
(328 Fund) 245,000 245,000 90%Sep-14 Dec-14 Larson/
Barba Design work is underway.N/A
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Page 5 of 7
Date: May 28, 2014
Total Estimated
Costs
Design Construction
No.
Proj.
No.Location/Description Other Total Budget
%
Co
m
p
l
e
t
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Adv.
Date
%
Co
m
p
l
e
t
e
Finish
Date
Project
Manager Status Co
n
t
r
a
c
t
o
r
CAPITAL PROJECT STATUS REPORT
Street,
Utilities
Project Budget ($)
De
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Co
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a
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t
21
CP
0
7
6
5
Lakeland Hills Reservoir Improvement:
This project will provide various
improvements at the reservoir, including
painting, seismic upgrades, and facility
modifications.
400,000
(Water) 400,000 400,000 60%Sep-14 Aug-15 Larson
Consultant design work underway.
Coordination with communications
companies underway.
Gray &
Osborne
22
CP
1
3
2
0
M&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 20%Oct-14 Jun-15 Wickstrom Consultant design work underway. Brown &
Caldwell
23
C2
2
2
A
277th - Auburn Way North to Green
River Bridge:
This project will complete the widening
of S 277th from the intersection of
Auburn Way North to L Street NE,
including the construction of a
pedestrian trail and relocation of the
floodway along S 277th.
989,185
(Street)
1,020,700
(Federal)
2,300,000
(Developer)
4,000,000
(TIB)
8,309,885 8,309,885 35%Nov-14 Sep-15 Vondrak
Advertisement date be delayed due
to additional time needed to
coordinate stream and wetland
mitigation with RPG.
Parametrix
24
CP
1
1
0
7
Fulmer Wellfield Improvements:
This project will be done in phases. The
first phase 1A will complete
investigation of the Fulmer Wellfield
area to determine the required analysis
and drilling program needed to utilize
the full water rights. Phase 1B will
complete a drilling and testing program
as well as an alternatives analysis.
Phase 2 will complete the physical
improvements.
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
Associates
25
CP
1
3
0
4
37th St & B St NW BNSF Pre-Signal:
This project will complete improvements
to the rail crossing at 37th Street NW
and B Street NW to address safety
concerns.
76,900
(Street)
307,550
(Federal) 384,450 384,450 60%TBD TBD Sweeting Design is on-hold pending BNSF
review and approval of plans. KPG
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Page 6 of 7
Date: May 28, 2014
Total Estimated
Costs
Design Construction
No.
Proj.
No.Location/Description Other Total Budget
%
Co
m
p
l
e
t
e
Adv.
Date
%
Co
m
p
l
e
t
e
Finish
Date
Project
Manager Status Co
n
t
r
a
c
t
o
r
CAPITAL PROJECT STATUS REPORT
Street,
Utilities
Project Budget ($)
De
s
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Co
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u
l
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a
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t
26
CP
1
1
1
8
Auburn 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 Sweeting
Working with the Muckleshoot Indian
Tribe (MIT) and WSDOT on design
issues.
CH2MHill
27
CP
1
1
1
9
Auburn Way South Corridor
Improvements - Fir St. SE to Hemlock
St. SE:
This project will widen AWS between Fir
and Hemlock Streets from 3 lanes to 5
lanes and includes new sidewalks, street
lighting 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 Sweeting
Working with the Muckleshoot Indian
Tribe (MIT) and WSDOT on design
issues.
CH2MHill
28
CP
1
2
1
8
Auburn Way South & Riverwalk
Intersection Improvements:
This project will construct improvements
to the intersection of AWS and
Riverwalk Drive and complete minor
widening and add additional capacity
from the MIT Plaza signal to the
Dogwood signal.
2,333,108
(Federal) 2,333,108 2,333,108 17%Mar-15 Dec-16 Sweeting
Design work is on hold pending
coordination with the Muckleshoot
Indian Tribe (MIT).
CH2MHill
29
CP
1
2
0
2
AWS Flooding Phase 2:
This project will construct conveyance
improvements on 17th Street SE from A
Street SE to K Street SE and increase the
capacity of the existing detention pond
located on A Street SE. 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 TBD Project manager to be assigned as
vacant positions are filled.KPG
SOS Program
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Page 7 of 7
Date: May 28, 2014
Total Estimated
Costs
Design Construction
No.
Proj.
No.Location/Description Other Total Budget
%
Co
m
p
l
e
t
e
Adv.
Date
%
Co
m
p
l
e
t
e
Finish
Date
Project
Manager Status Co
n
t
r
a
c
t
o
r
CAPITAL PROJECT STATUS REPORT
Street,
Utilities
Project Budget ($)
De
s
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Co
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u
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a
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30
CP
1
2
2
4
2013 Local Street Reconstruction:
This project will complete the
reconstruction of the following local
roadways:
23rd St SE - M to R St SE
H St NE - 4th to 8th
5th St NE - H to Cul-de-sac
Park Ave - AWN to Park
Also included in this project is the
replacement of waterline on V St SE,
from 2nd to 4th St SE.
650,000
(Water)
200,000
(Sewer)
3,250,000 2,454,969 100%May-13 100%Apr-14 Wickstrom Final Pay in process.Jacobs Rodarte
Other SOS Projects:
CP1402, 2014 Citywide Pavement
Patching and Overlays.
176,100 176,100 Carter For status see CP1402
- 3,250,000 2,454,969
31
CP
1
3
2
3
2014 Local Street Reconstruction
Project:
This project will complete the
reconstruction of the following local
roadways:
K St NE - East Main to 4th St NE
H St SE & 19th St SE - 21ST St SE to 17th
St SE
24th St SE - M St SE to R St SE
250,000
(Water)
500,000
(Sewer)
2,298,162 2,869,950 96%Jun-14 Dec-14 Carter Design is underway. Open house being
scheduled.Jacobs TBD
Other SOS Projects:
CP1402, 2014 Citywide Pavement
Patching and Overlays.
176,083 176,083 Carter
Local Street's have been selected and
reviewed by PWC, awaiting Arterial
street selection to begin design.
- 2,474,245 3,046,033 g p y p
2013 & 2014 TOTAL SOS PROGRAM - 5,724,245 5,501,002
CPS TOTAL 74,227,393 71,711,989
2013 SOS Program Totals
2014 SOS Program Totals
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Significant Infrasturcture Projects by Others - Public Works
Status Report
Date:
May 27, 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:June 2, 2014 Item Number:DI.E
AUBURN * MORE THAN YOU IMAGINEDDI.E Page 66 of 69
Date: May 27, 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; however, final work
may not be completed until June.
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 Jun-14 Restoration in progress.
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 in the process of restarting the remaining project
work.
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 Summer 2014
Work is underway. Contractor has completed the roadway
widening and utility work. Remaining work includes
landscaping, fence installation, and final punch list.
SIGNIFICANT INFRASTRUCTURE PROJECTS BY OTHERS - PUBLIC WORKS STATUS REPORT
NOTE: Projects included on this list are those that have a broad public interest, significant impact to the public, involve interlocal agreements, and/or may include the installation of key
infrastructure by others (such as pump stations etc.)
1 of 1
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Action Tracking Matrix
Date:
May 27, 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:June 2, 2014 Item Number:DI.F
AUBURN * MORE THAN YOU IMAGINEDDI.F Page 68 of 69
Updated: 5/27/2014 8:50 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 7/21/2014 N/A Ongoing - Quarterly updates
B System Development Charges Gaub 6/17/2014 6/17/2014 Consultant to complete analysis
C Cost of Service Analysis Gaub 7/21/2014 7/25/2014 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 8/4/2014 8/4/2014 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 Permanent solution being developed for incorporation into future Lea
Hill Roadway widening project.
Public Works Committee - Action Tracking MatrixDI
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