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Home My WebLink About09-15-2015 PUBLIC WORKS COMMITTEE AGENDA,A BURN VVAS,I�IN(A"i'() ' CALL TO ORDER A. Roll Call B. Announcements C. Agenda Modifications II. CONSENT AGENDA Public Works Committee September 15, 2014 - 3:30 PM Annex Conference Room 2 AGENDA A. Approval of Minutes* Public Works Committee to approve the minutes of the September 2, 2014 Public Works Committee meeting III. ACTION A. Ordinance No. 6513* (Mund) An Ordinance of the City Council of the City of Auburn, Washington, granting to Electric Lightwave, LLC, a wholly owned subsidiary of Integra Telecom Holdings, Inc, a Deleware Corporation, a franchise for telecommunications type of utility B. Resolution No. 5100* (Carter) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Award and Execute a Construction Contract with the Lowest Responsible Bidder for Construction of Community Development and Public Works Contract Number 14 -22 for Project CP1410, 2014 Arterial and Collector Crack Seal Project C. Public Works Project No. CP1409* (Wickstrom) Grant permission to initiate Project No. CP1409, Oravetz PI SE Flooding Mitigation D. Public Works Project No. CP1322* (Barba) Approve Award of Contract No. 14 -16, to the Lowest Responsible Bidder for Project No. CP1322, Annual Traffic Signal Improvements E. Public Works Project No. CP1208* (Truong) Approve Award of Contract No. 14 -10, to the Lowest Responsible Bidder for Project No. CP1208, Sewer Pump Station Improvements F. Public Works Consultant Agreement No. AG -C -453* (Fenhaus) Grant permission to enter into Consultant Agreement No. AG -C -453 with FCS Group for preparation of the Financial Chapters in the Water, Sewer, and Storm Water Comprehensive Plans Page 1 of 170 IV. DISCUSSION ITEMS A. ACC 10.36 Stopping, Standing and Parking — Phase 1 Update* (Yao) Discussion of removing code - specified restricted (timed) parking zones and loading zones and adding code clarifying administrative authority to establish parking restrictions to implement 3 -hour timed parking and improve parking policy transparency per the Comprehensive Downtown Parking Management Plan (CDPMP) adopted by Resolution 5031. B. Tacoma Water Agreement* (Fenhaus) C. Capital Project Status Report* (Sweeting) D. Significant Infrastructure Projects by Others - Public Works Status Report* (Gaub) E. 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.pov), 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 170 'Alu,BURN VVA,S I � I N G "i'(')N' AGENDA BILL APPROVAL FORM Agenda Subject: Date: Approval of Minutes September 9, 2014 Department: Attachments: Budget Impact: Public Works Draft M st $0 Administrative Recommendation: Public Works Committee to approve the minutes of the September 2, 2014 Public Works Committee meeting. Background Summary: See attached draft minutes. Reviewed by Council Committees: Public Works Councilmember: Osborne Staff: Meeting Date: September 15, 2014 Item Number: CA.A CA.A AUBURN * MORE THAN YOU IMAGINED Page 3 of 170 ,A BURN VVASM�N N (A "() i ' CALL TO ORDER Public Works Committee September 2, 2014 - 3:30 PM Annex Conference Room 2 MINUTES Chairman Wayne Osborne called the meeting to order at 3:30 p.m. in Conference Room #2, located on the second floor of Auburn City Hall, One East Main Street, Auburn, Washington. A. Roll Call Chairman Wayne Osborne, Vice -Chair Bill Peloza, and Member Claude DaCorsi were present. Also present during the meeting were: Mayor Nancy Backus, Community Development & Public Works Director Kevin Snyder, Assistant Director of Engineering /City Engineer Ingrid Gaub, Assistant Director of Public Works Operations Randy Bailey, Assistant City Engineer Jacob Sweeting, Acting Utilities Engineer Susan Fenhaus, Transportation Manager Pablo Para, Capital Projects Manager Ryan Vondrak, Project Engineer Seth Wickstrom, Project Engineer Kim Truong, IT Director Ron Tiedeman, Director of Administration Michael Hursh, Planning & Design Services Manager Elizabeth Chamberlain, City Attorney Dan Heid, Street Systems Engineer Jai Carter, Transportation Planner Joe Welsh and Public Works Secretary Molly Mendez. B. Announcements There were no announcements. C. Agenda Modifications There were two agenda modifications adding Discussion Item F, Resolution No. 5098 and Discussion Item G, Resolution No. 5099, to the agenda. CONSENT AGENDA A. Approval of Minutes Public Works Committee to approve the minutes of the August 18, 2014 Public Works Committee meeting. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee approve the Public Works Committee Meeting minutes for date, August 18, 2014. Motion carried 3 -0. Page 1 of 6 CA.A Page 4 of 170 III. ACTION A. Right -of -Way Use Permit No. 14 -33 (Mund) Approve Right -of -Way Use Permit No. 14 -33 for Auburn Parks, Arts and Recreation Veterans Day Parade Engineering Aide Mund explained Right -of -Way Use Permit No. 14- 33 would allow the City of Auburn Parks, Arts and Recreation Department to use City streets on Saturday, November 8, 2014 for their annual Veterans Day Parade. Following a question asked by Chairman Osborne, Assistant Director of Engineering /City Engineer Gaub indicated that Community Development and Public Works staff do not currently issue traffic advisory notices for the event but would check with Parks staff on what they do. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee approve Right -of -Way Use Permit No. 14 -33 for Auburn Parks, Arts and Recreation Veterans Day Parade. Motion carried 3 -0. B. Public Works Project No. CP1308 ( Truong) Grant permission to advertise for bids for Project No. 1308, BNSF Utility Crossings Project Engineer Truong explained staff is seeking permission to advertise for bids for Project No. CP1308, BNSF Utility Crossings. Assistant Director of Engineering /City Engineer Gaub responded to a question asked by Vice -Chair Peloza regarding the responsibility for the relocation cost for this project. In response to a question asked by Chairman Osborne, Assistant Director of Engineering /City Engineer Gaub explained there is an existing small water line that crosses the railroad tracks along Auburn Black Diamond Road that is leaking. A new water line will be installed to replace the existing leaking line. Vice -Chair Peloza asked what the purpose is of the proposed 3rd rail. Transportation Planner Welsh replied stating the proposed 3rd rail is for capacity purposes to help accommodate Sound Transit trains. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee grant permission to advertise for bids for Project No. CP1308, BNSF Utility Crossings. Page 2 of 6 CA.A Page 5 of 170 Motion carried 3 -0. C. Public Works Project No. CP1312 (Wickstrom) Grant permission to initiate Project No. CP1312 Annual Storm Repair and Replacement Project Project Engineer Wickstrom provided a brief background summary of the project. Project Engineer Wickstrom confirmed this project is to repair existing infrastructure and will not increase the capacity of the any of the sites in response to a question asked by Vice -Chair Peloza. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee grant permission to initiate Project No. CP1312, Annual Storm Repair and Replacement Project. Motion carried 3 -0. D. Design Standards Revisions - Landscaping (Welsh) Approve the Auburn Design Standards Manual revisions to Chapter 10, Sections 10.08 Transportation Planner Welsh refreshed the Committee of the discussion at the previous Public Works Committee meeting regarding this agenda topic. Transportation Planner Welsh mentioned the design standards are determined for new construction in the public right -of -way and not typically for existing situations. Member DaCorsi stated his concern is regarding unsightly tree trimming around the power lines. Transportation Planner Welsh provided a brief overview of the proposed revisions to the Auburn Design Standards Manual and that tree trimming may be more appropriately addressed with in the City code and franchise requirements. Chairman Osborne noted a Scrivener's error within Section 10.08.10, page 38 of the packet. Staff will correct. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee approve the Auburn Design Standards Manual revisions to Chapter 10, Sections 10.8. Motion carried 3 -0. E. Resolution No. 5095 (Vondrak) A Resolution of the City Council of the City of Auburn, Washington, Page 3 of 6 CA.A Page 6 of 170 Authorizing the Mayor to Execute an Agreement with the City of Kent regarding Auburn's S 277th Street Corridor Project and Jurisdiction over the South 277th Street Corridor Capital Projects Manager Vondrak explained Resolution No. 5095 authorizes the Mayor to execute an agreement with the City of Kent regarding Auburn's S 277th Street Corridor Project and jurisdiction over the S 277th Street Corridor. Assistant Director of Engineering /City Engineer Gaub clarified the definition of the wording "Miscellaneous Termination" on page 46 of the packet in response to a question asked by Chairman Osborne. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee recommend that City Council adopts Resolution No. 5095. Motion carried 3 -0. IV. DISCUSSION ITEMS A. 2014 Arterial and Collector Crack Seal Project (Carter) Street Systems Engineer Carter explained staff is seeking approval for the scope of work for the 2014 Arterial and Collector Crackseal Project. Carter provided a brief overview of the project and presented a map showing the proposed roads to be included in the project. There were no questions from the Committee. B. Proposed Revision to City Engineering Design Standards (Para) Transportation Manager Para indicated the purpose of this item is to brief the Committee on the revision to the Transportation section of the Engineering Design Standards necessary to maintain consistency with proposed revisions to Title 17 for Short Subdivisions of the Auburn Municipal Code. Assistant Director of Engineering /City Engineer Gaub clarified the design standards following a question asked by Chairman Osborne. C. Capital Project Status Report (Sweeting) For the purpose of these minutes, this item was discussed after Discussion Item H. Item 11 — CP0915 — Well 1 Improvements — Well Replacement: Chairman Osborne made recommendation to remove the wording "or replace" from the description as Well 1 will be rehabilitated Page 4 of 6 CA.A Page 7 of 170 instead of replaced per the last Public Works Committee meeting. Staff concurred and will revise wording as recommended. Item 14 — CP1308 — BNSF Utility Crossings Project: Chairman Osborne pointed out that the dollar values need to be updated as there were additional funds added to this project. Assistant City Engineer Sweeting noted this information and will update as requested. Mayor Backus responded to a question asked by Chairman Osborne regarding the contractor for this project. Chairman Osborne requested the Public Works Committee members receive a follow up email once the solutions have been made with the contractor. Mayor Backus will provide the email as requested. D. Significant Infrastructure Projects by Others - Public Works Status Report (Gaub) There were no questions from the Committee. E. Action Tracking Matrix (Gaub) There were no questions from the Committee. F. Resolution No. 5098 For the purpose of these minutes, this item was discussed prior to Discussion Item C. IT Director Tiedeman explained Resolution No. 5098 is a proposed lease agreement between Verizon Wireless and the City of Auburn at the Fulmer Park site. The proposed plan would replace an existing light pole and obtain an exemption to rise an additional fifteen percent which would increase the pole height from fifty seven feet to sixty two feet. Verizon Wireless will replace the pole and provide space on the pole for the City and give title to the City for the equipment once everything has been signed and approved. The lease agreement would pay five years lease payments upfront in a lump sum and then continue after that in five year segments. IT Director Tiedeman clarified the dollar amount associated with the five year segments following a question asked by Chairman Osborne. Answering a question asked by Vice -Chair Peloza, IT Director Tiedeman indicated this will not cover the WIFI at the Sound Transit Station. Page 5 of 6 CA.A Page 8 of 170 1TJ G. Resolution No. 5099 For the purpose of these minutes, this item was discussed after Discussion Item F. Director of Administration Hursh explained Resolution No. 5099 is Council's opposition to the closure of the Auburn and Federal Way public health clinic. Chairman Osborne commented that he would like to have the City Attorney read Resolution No. 5099 out loud at the City Council meeting. Director of Administration Hursh concurred. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 3:58 p.m. Approved this 15th day of September, 2014. Wayne Osborne Molly Mendez Chairman Public Works Department Secretary Page 6 of 6 CA.A Page 9 of 170 C i..i,y C�1: VVAS I � I N G "i'(') N1 AGENDA BILL APPROVAL FORM Agenda Subject: Date: Ordinance No. 6513 July 10, 2014 Department: Attachments: Budget Impact: Public Works Ordinance No. 6513 and Ex i its $0 Administrative Recommendation: Public Works Committee recommends City Council introduces and adopts Ordinance No. 6513 for Franchise Agreement No. 13 -28 for Electric Lightwave 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. Electric Lightwave LLC (ELI) 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 telecommunications services to customers within Auburn. The proposed franchise area is all rights of way in the City, as ELI leases facilities from CenturyLink and BPA throughout the City to provide service. Should ELI wish to build their own facilities they would need and amendment to this agreement and would need to obtain permits as required by the agreement. Exact locations, plans, engineering and construction schedules of any future ELI owned facilities would be reviewed, approved and managed through the City's permitting processes that are a requirement of the Franchise Agreement. Ordinance No. 6513, if adopted by City Council, approves Franchise Agreement No. 13 -28 subject to terms and conditions outlined in the Ordinance. Reviewed by Council Committees: Public Works Councilmember: Osborne Staff: Mund Meeting Date: September 15, 2014 Item Number: ACT.A ACT.A AUBURN * MORE THAN YOU IMAGINED Page 10 of 170 ACT.A AUBURN * MORE THAN YOU IMAGINED Page 11 of 170 ORDINANCE NO. 6513 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, GRANTING TO ELECTRIC LIGHTWAVE, LLC, A WHOLLY OWNED SUBSIDIARY OF INTEGRA TELECOM HOLDINGS, INC, A DELEWARE CORPORATION, A FRANCHISE FOR TELECOMMUNICATIONS TYPE OF UTILITY WHEREAS, Electric Lightwave LLC ( "ELI ") ( "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 within the City of Auburn (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. At the time of initial application Grantee represented that it did not currently own, lease, or have indefeasible rights of use for any facilities that would be defined as Grantee Facilities under this Franchise. This Franchise does Ordinance No. 6513 Franchise Agreement No. 13 -28 June 9, 2014 Page 1 of 19 ACT.A Page 12 of 170 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, including Grantee Facilities and Grantee Services, on public or private property elsewhere within the City. If Grantee intends to install, construct, erect, operate, or maintain new Grantee Facilities, it shall submit an application to amend this Franchise, which amendment may be approved by the City administratively. 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.. Engineering Aide, Community Development and Public Works Department - Transportation City of Auburn 25 West Main Street ------------------------------ Ordinance No. 6513 Franchise Agreement No. 13 -28 June 9, 2014 Page 2of19 ACT.A Page 13 of 170 Auburn, WA 98001 -4998 Telephone: (253) 931 -3010; Fax: (253) 931 -3048 with a copy to: City Clerk City of Auburn 25 West Main Street Auburn, WA 98001 -4998 Grantee: Electric Lightwave LLC, ( ELI) 1201 NE Lloyd Blvd, Suite 500 Portland, OR 97232 Attn: Contract Administration Telephone: 503 - 453 -8000 Fax: 503 - 453 -8221 B. Any changes to the above - stated Grantee information shall be sent to the City's Engineering Aide, Community Development and Public Works Department — Transportation Division, with copies to the City Clerk, referencing the title of this agreement. C. The above - stated Grantee voice and fax telephone numbers shall be staffed at least during normal business hours, Pacific time zone. Section 3. Term of Agreement A. This Franchise shall run for a period of five (5) years, from the date of execution specified in Section 5. B. Renewal Option of Term: The Grantee may renew this Franchise for an additional five (5) year period upon submission and approval of the application specified under ACC 20.06.130, as it now exists or is amended, within the timeframe set forth therein (currently 240 to 180 days prior to expiration of the then - current term). 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 extension thereof, the Franchise automatically continues month to month until Ordinance No. 6513 Franchise Agreement No. 13 -28 June 9, 2014 Page 3of19 ACT.A Page 14 of 170 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. Ordinance No. 6513 Franchise Agreement No. 13 -28 June 9, 2014 Page 4of19 ACT.A Page 15 of 170 Section 6. Construction and Maintenance A. The Grantee shall apply for, obtain, and comply with the terms of all permits required under ACC Chapter 12.24 for any work done within the City. 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 under taking 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 Engineering Aide 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. Ordinance No. 6513 Franchise Agreement No. 13 -28 June 9, 2014 Page 5of19 ACT.A Page 16 of 170 Section 8. Damages to City and Third -Party Property Grantee agrees that if any of its actions under this Franchise impairs or damages any City property, survey monument, or property owned by a third - party, Grantee will restore, at its own cost and expense, said property to a safe condition. Such repair work shall be performed and completed 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, sanitary sewer and storm sewer facilities and ten (10) feet from above - ground City water facilities; provided, that for development of new areas, the City, in consultation with Grantee and other utility purveyors or authorized users of the Public Way, will develop guidelines and procedures for determining specific utility locations. Section 10. Grantee Information A. Grantee agrees to supply, at no cost to the City, any information reasonably requested by the City Engineering Aide 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 Engineering Ordinance No. 6513 Franchise Agreement No. 13 -28 June 9, 2014 Page 6of19 ACT.A Page 17 of 170 Aide informed of its long -range plans for coordination with the City's long -range plans. B. The parties understand that Washington law limits the ability of the City to shield from public disclosure any information given to the City. Accordingly, the City agrees to notify the Grantee of requests for public records related to the Grantee, and to give the Grantee a reasonable amount of time to obtain an injunction to prohibit the City's release of records. Grantee shall indemnify and hold harmless the City for any loss or liability for fines, penalties, and costs (including attorneys fees) imposed on the City because of non - disclosures requested by Grantee under Washington's open public records act, provided the City has notified Grantee of the pending request. Section 11. Relocation of Grantee Facilities A. Except as otherwise so required by law, Grantee agrees to relocate, remove, or reroute its facilities as ordered by the City Engineer at no expense or liability to the City, except as may be required by RCW Chapter 35.99. 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. ------------------------------ Ordinance No. 6513 Franchise Agreement No. 13 -28 June 9, 2014 Page 7of19 ACT.A Page 18 of 170 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 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 Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor'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- Ordinance No. 6513 Franchise Agreement No. 13 -28 June 9, 2014 Page 8of19 ACT.A Page 19 of 170 party costs, claims, injuries, damages, losses, suits, or liabilities based on the City's failure or inability to provide such services. D. Acceptance by the City of any work performed by the Grantee shall not be grounds for avoidance of this section. E. It is further specifically and expressly understood that the indemnification provided herein constitutes the Grantee's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 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 $1,000,000.00 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 $1,000,000.00 each occurrence, $2,000,000.00 general aggregate and a $2,000,000.00 products - completed operations aggregate limit. Coverage shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent 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 an equivalent form. 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- Ordinance No. 6513 Franchise Agreement No. 13 -28 June 9, 2014 Page 9of19 ACT.A Page 20 of 170 Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Professional Liability insurance with limits no less than $1,000,000.00 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. 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 the insurers except after thirty (30) days' prior written notice has been given to Grantee. Upon receipt of such notice, Grantee shall immediately notify by certified mail, return receipt requested, 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 Grantee 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. Ordinance No. 6513 Franchise Agreement No. 13 -28 June 9, 2014 Page 10 of 19 ACT.A Page 21 of 170 Section 16. Performance Security The Grantee shall provide the City with a financial guarantee in the amount of Fifty Thousand Dollars ($50,000.00) 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 financial guarantee any damages suffered by City as a result thereof, including but not limited to staff time, material and equipment costs, compensation or indemnification of third parties, and the cost of removal or abandonment of facilities hereinabove described. Grantee specifically agrees that its failure to comply with the terms of Section 19 shall constitute damage to the City in the monetary amount set forth therein. Such a financial guarantee shall not be construed to limit the Grantee's liability to the guarantee amount, or otherwise limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity. Section 17. Successors and Assignees A. All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors, assigns of, and independent contractors of the Grantee, and all rights and privileges, as well as all obligations and liabilities of the Grantee shall inure to its successors, assignees and contractors equally as if they were specifically mentioned herein wherever the Grantee is mentioned. B. This Franchise shall not be leased, assigned or otherwise alienated without the express prior consent of the City by ordinance. 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 investigating the proposed assignment or transfer. D. Prior to the City's consideration of a request by Grantee to consent to a Franchise assignment or transfer, the proposed Assignee or Transferee shall file with the City a written promise to unconditionally accept all terms of the Franchise, effective upon such transfer or assignment of the Franchise. The City is under no obligation to undertake any investigation of the transferor's state of compliance and failure of the City to insist on full compliance prior to transfer Ordinance No. 6513 Franchise Agreement No. 13 -28 June 9, 2014 Page 11 of 19 ACT.A Page 22 of 170 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 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) revoke the Franchise with no further notification, or (2) claim damages of Two Hundred Fifty Dollars ($250.00) per day against the financial guarantee set forth in Section 16 for every day after the expiration of the cure period that the breach is not cured. B. Should the City determine that Grantee is acting beyond the scope of permission granted herein for Grantee Facilities and Grantee Services, the City reserves the right to cancel this Franchise and require the Grantee to apply for, obtain, and comply with all applicable City permits, franchises, or other City Ordinance No. 6513 Franchise Agreement No. 13 -28 June 9, 2014 Page 12 of 19 ACT.A Page 23 of 170 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. C. The City may terminate this Franchise upon thirty (30) days written notice to the Grantee, if the Grantee fails to comply with such amendment or modification. Section 21. License, Tax and Other Charges This Franchise shall not exempt the Grantee from any future license, tax, or charge which the City may hereinafter adopt pursuant to authority granted to it under state or federal law for revenue or as reimbursement for use and occupancy of the Franchise Area. Ordinance No. 6513 Franchise Agreement No. 13 -28 June 9, 2014 Page 13 of 19 ACT.A Page 24 of 170 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: Danielle E. Daskam, City Clerk Ordinance No. 6513 Franchise Agreement No. 13 -28 June 9, 2014 Page 14 of 19 ACT.A Page 25 of 170 APPROVED AS TO FORM: Daniel B. Heid, City Attorney Published: Ordinance No. 6513 Franchise Agreement No. 13 -28 June 9, 2014 Page 15 of 19 ACT.A Page 26 of 170 Exhibit A Franchise Area -k� r � r s - i � � � ��• � ! i 1 `.,3 �� 1 � ' �a ; 9 ;� ! .. �. - - . � " y `e°� �t c :+ ; � s �: _I :�( -_. °' a j-:� '� ' ? ` ` 1 ��t �6 ii �� . �� !; i� �� . �F�S �� . � � II -, s �"i. ., . „ � �'E: } ' ��. E:P P3 > y I i ' � ,111' `'4�� ' 'f f � , ': I � , �' �� _ '��.� �s � ��'r�� y � ��E1�T 6�g . �J 3 { +` j.' �' . �-43t5 ��e . e+ ._ � �,4 �� . _ � .. 3�; . .. ��., � . �.i �. . . .. .. �-'. )'.. '� . � ., { . :, i �� r � _ _ !' ] .. l ,� . �� FI � � 3. '�;�. � � Y � a � �� / ` �' J� . _.. f . � , _. ��-� �:" � . � < < �� i : �: ::��., � �-._ � ��,� �,: ,, ��.: , � — � b �a� � e . . ....� . . _ ._ 4 . d , .A - - ! '_ _. .. - . •� . -� ��- � J� _ _ ' .. ��. . �� --_ . . --.r-� .. . . \ -.,\ �_. , .. . � �� > � � r i I � . G� .. �. � .. � � O f-i, z„s.- . ii \., :. �_ . . :. _ -y{: fi� t' �y , S�._}I- � � �� r� � I� - ��s � .i il��l�l� I� � �rj��l i�!:�,�-•L�� O�A `cR h� ... �� . i,l ' i��1P`- '" -, ..- � ,,,--- - , - `•. _ Ordinance No. 6513 Franchise Agreement No. 13-28 June 9, 2014 Page 16 of 19 ACT.A Page 27 of 170 Exhibit B Grantee Facilities Leased and owned telecommunication and communication conduit and fiber facilities within the Right of Ways. As of the date of this Ordinance ELI does not own facilities but may at a future date install ELI owned facilities at and pursuant to the lawful permitting process of the City. Ordinance No. 6513 Franchise Agreement No. 13 -28 June 9, 2014 Page 17 of 19 ACT.A Page 28 of 170 Exhibit C Grantee Services Telecommunications and communication services. Ordinance No. 6513 Franchise Agreement No. 13 -28 June 9, 2014 Page 18 of 19 ACT.A Page 29 of 170 EXHIBIT "D" STATEMENT OF ACCEPTANCE Electric Lightwave, LLC. ( ELI), 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. Electric Lightwave LLC ( ELI) By: Date: Name: Title: STATE OF ) )ss. COUNTY OF ) On this day of 2014, before me the undersigned, a Notary Public in and for the State of , duly commissioned and sworn, personally appeared, of , the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he /she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. Signature NOTARY PUBLIC in and for the State of , residing at MY COMMISSION EXPIRES: Ordinance No. 6513 Franchise Agreement No. 13 -28 June 9, 2014 Page 19 of 19 ACT.A Page 30 of 170 'Alu,BURN VVAS I � I N G "i'(') N' Agenda Subject: Resolution No. 5100 AGENDA BILL APPROVAL FORM Date: September 10, 2014 Department: Attachments: Budget Impact: Public Works Resdution No. 5100 $0 Budget teas vim ityMa�p Administrative Recommendation: Public Works Committee Recommend that City Council Adopts Resolution No. 5100. Background Summary: Resolution No. 5100 authorizes the Mayor to award and execute a construction contract with the lowest responsible bidder for construction of public works contract number 14 -11 for Project CP1410, 2014 Arterial and Collector Crack Seal Project. The bid opening is scheduled for September 16, 2014. Allowing the Mayor to award the contract will save approximately 3 weeks which will allow this project to be completed this year as the work is weather dependent. This project will seal cracks in the pavement on approximately 9.5 lane -miles of arterial and collector roadways using rubberized asphalt to help preserve the existing pavement. The attached maps show the specific streets that will be crack sealed as part of this project. Construction of the project is anticipated to begin in late September or early October of 2014 and be completed in October 2014 weather permitting. The estimated cost for this project is $97,069.00 with a project contingency of $2,931.00. This project is funded by the 105 (Arterial and Collector Street Pavement Preservation) fund. Reviewed by Council Committees: Finance, Public Works Councilmember: Osborne Staff: Carter Meeting Date: September 15, 2014 Item Number: ACT.B ACT.B AUBURN * MORE THAN YOU IMAGINED Page 31 of 170 ACT.B AUBURN * MORE THAN YOU IMAGINED Page 32 of 170 RESOLUTION NO. 5 1 0 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO AWARD AND EXECUTE A CONSTRUCTION CONTRACT WITH THE LOWEST RESPONSIBLE BIDDER FOR CONSTRUCTION OF COMMUNITY DEVELOPMENT AND PUBLIC WORKS CONTRACT NUMBER 14 -22 FOR PROJECT CP1410, 2014 ARTERIAL AND COLLECTOR CRACK SEAL PROJECT WHEREAS, the City Council of the City of Auburn has approved a project to design and construct pavement preservation on existing arterial and collector streets consisting of 9.5 lane -miles of crack sealing, and WHEREAS, the bid opening for the project was scheduled for September 16, 2014; and, WHEREAS, waiting to award the construction contract until the next regularly scheduled meeting would result in a three week delay of the construction start date; and WHEREAS, at this late stage in the construction season, that could significantly impact the success of the impending project; and WHEREAS, the City of Auburn Community Development and Public Works Department will assess the bids received and identify the lowest responsible bidder; and WHEREAS, it is in the public interest of the City to award and execute Community Development and Public Works construction contract number 14 -22, with all expediency to take advantage of the remaining construction season. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 5100 September 8, 2014 Page 1 of 2 ACT.B Page 33 of 170 Section 1. The Mayor of the City of Auburn is hereby authorized to review bids, award, and execute a construction contract between the City of Auburn and the lowest responsible bidder for Project Number CP1410, Community Development and Public Works Contract Number 14 -22, 2014 Arterial and Collector Crack Seal Project, which contract shall conform with the bid documents, provided that the bid amount does not exceed the project budget. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day of 12014. CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 5100 September 8, 2014 Page 2 of 2 ACT. B Page 34 of 170 BUDGET STATUS SHEET Project No: Pending Project Title: 2014 Arterial & Collector Street Crack Seal Project Project Manager: Jai Carter O Initiation /Consultant Agreement Initiation Date: Sept. 1, 2014 O Permission to Advertise Date: Sept. 8, 2014 Solicitation Date: Sept. 9, 2014 Q Resolution 5100 to Award Award Date: O Change Order Approval O Contract Final Acceptance The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Funding Prior years 2014 Total 105 Fund - Arterial /Collector Pavement Preservation Fund 0 100,000 100,000 Total 0 100,000 100,000 Estimated Cost (Funds Needed) Activity Prior years 2014 Total Design Engineering 0 3,000 3,000 Construction Estimate 0 75,891 75,891 Project Contigency (20 %) 0 15,178 15,178 Construction Engineering 0 3,000 31000 Total 0 97,069 97,069 105 Arterial /Collector Street Budget Status * ( # ) in the Budget Status Sections indicates Money the City has available. Pa e1of1 ACT.B Page 35 of 170 Prior years 2014 Total *105 Funds Budgeted () 0 1 (100,000) (100,000) 105 Funds Needed 0 1 97,069 1 97,069 * *105 Fund Project Contingency () 0 1 (2,931) (2,931) 105 Funds Required 0 1 0 1 0 * ( # ) in the Budget Status Sections indicates Money the City has available. Pa e1of1 ACT.B Page 35 of 170 i �i � 3 � — � °1� �� e �� '"�, — , .�. � rt _ � :. .$r�� C� � �zru s ¢ . �� 1. n . TT/ / rmn n D � � _�Y . %� {1 I� - I i "\ �I . � 9I �� . nn�.n.�d 1 5 ^� ' . � �I 5 � � 1 . Y � � .�. r 1 $ r• ^ `• n _1._ — ' � �°- �E . �.,,e �...., .. : --- s o,. ., o- k - -- _,e = - .,�a_.. % - . ° t• , t� _ . � n '� I '�.A — I + S - --r� -_ � .. ..am k ' 2 ^ I.��1. S � � � K ,�I�e_'n>n1m. �� t xn�`.T� ��/� r s —! � �� ,�4 ' i ^ R �IN k , \� _ _ . � , I L d �R ... " . �i 2 f � � � . y _ I ' - xx � Fl O � � k p � � .�` �}J¢, ��. �i .� roixsr . `� q� x 4 I T�� 1 �� - - "� ..�.... � .. � Q4'l� �o�� - � _ �� "" �. /�.� �� ' , Qp0 �._7� ,� _ � � s__r � $� a � .�a � � �` � . a �� - .; � � �yq � � �.�� M r�-��..� �' � a �a" �� 6 i 8 C a �. � _ p W.. . � ' bl�_ _ C " p �� i�; n n�� - ' �* �+: p .��"��h Y� m e . � ° � ei � jd� �I� �� n� !^"v '��: �t; ._. � .��y s� .'9 @� I �l ��_mw I Uf 'FI �l � � � ��'r/ m _.--_��, ,j �a 'J q �c� k � � ��J � � . . � . �w " t � , n � � m � . ,,, " \ � .. i �� oM ,. � � �'' � � — _ � ,,;� 1 .. i "` � �� .... .n. I �` I . : � „.. � ��-��,. � _ � u � � - _ 11 . � I�! ° .' "" 'E� ` qyl e _. � I' ILV.o'� � . P'+ � � � �� - �� k� � � � ....�u�"'zG. � r ..s_ I� l� I C �- !+ K � � � � . . ��e : i. .�. . G ., G. �� x - R K k �Nl`� C . � ; � , . � N , � � �ASs . 6 � �e�yRrexr ' �.,m�. .. � I s d� ,ul ei�.� F .� ... I r � r coru �� p� C I c w�n_a4J v„ a s r - � I x �.�f" � r4 S.aG ��I ��_. ,o,. c � p u y 3 G�I�� .. q I¢ I � � ',� Yi f+ 2 d F: arv�_'.nL p. k � - ru��f - .� i • . •. _ m � I A�� u � �wan .I � n x�v � � �2� eu� ry�x . 3 :ve�L_ � � ' m .. . 9 �.Y _ / '_,r . �, Y. n_u r . . �. .r� ..«o � a -! 'Alu,BURN VVA,S I � I N G "i'(')N' AGENDA BILL APPROVAL FORM Administrative Recommendation: Public Works Committee grant permission to initiate Project No. CP1409, Oravetz PI SE Flooding Mitigation. Background Summary: The purpose of the project is to mitigate flooding problems occurring on the Danner Corporation property located at 307 Oravetz PI SE. The work will consist of installing approximately 500 feet of a new storm drainage line across the Auburn Valley Humane Society property (4910 A St SE) and connecting into the existing storm drainage system on A St SE. Construction of this project is anticipated to start November 2014. Reviewed by Council Committees: Public Works Councilmember: Osborne Staff: Wickstrom Meeting Date: September 15, 2014 Item Number: ACT.0 ACT.0 AUBURN * MORE THAN YOU IMAGINED Page 37 of 170 BUDGET STATUS SHEET Project No: CP1409 Project Title: Oravetz PI SE Flooding Mitigation Project Manager: Seth Wickstrom Project Initiation Initiation Date: 0 Permission to Advertise Date: August 26, 2014 Advertisement Date: 0 Contract Award Award Date: 0 Change Order Approval 0 Contract Final Acceptance The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Funding Prior Years 2014 2015 Future Years Total 432 Fund - Storm* 0 137,000 0 0 137,000 Total 0 137,000 0 0 137,000 * This is a portion of the 2013 annual budget for the Storm Repair & Replacement Program. Estimated Cost (Funds Needed) Activity Prior Years 2014 2015 Future Years Total Design Engineering - City Costs 0 10,000 0 0 10,000 Construction Estimate 0 100,000 1,000 0 100,000 Project Contingency (20 %) 0 20,000 0 0 20,000 Construction Engineering - City Costs 0 6,000 1,000 1 0 7,000 Total 0 136,000 1,000 0 137,000 432 Storm Budget Status ** ( # ) in the Budget Status Sections indicates Money the City has available. ACT.0 Page 44folf 170 Prior Years 2014 2015 Future Years Total * *432 Funds Budgeted () 0 1 (137,000) 0 0 (137,000) 432 Funds Needed 0 136,000 1,000 0 137,000 * *432 Fund Project Contingency( 0 1 iii „w. "w. "w. ") 0 0 0 432 Funds Required 0 1 0 1 1,000 1 0 0 ** ( # ) in the Budget Status Sections indicates Money the City has available. ACT.0 Page 44folf 170 mmum's CITY 01 A RN APP INGlON VICINITY MAP 1 OF 1 AUGUST 2014 SCALE 1 IN = 70,F11° Page (t70 'Alu,BURN VVAS p � I N G "i'( AGENDA BILL APPROVAL FORM Administrative Recommendation: Public Works Committee Recommend City Council Approve Award of Contract No. 14 -16, to the Lowest Responsible Bidder for Project No. CP1322, Annual Traffic Signal Improvements. Background Summary: The purpose of this project is to construct traffic signal system improvements including upgrades and repairs to vehicle detection systems, installation of accessible pedestrian pushbuttons, and upgrading traffic signal systems by installing flashing yellow arrow signal heads, installing auxiliary signal heads, and installing signal head backplates, at various locations throughout the City. See attached Vicinity Map for details regarding specific improvements and locations. This project included a procurement phase during which equipment that required long lead times, or items that would be installed by City forces, were purchased by the City. Items not installed by City forces will be installed by the Contractor during the construction phase of the project. Because the bid opening was held on September 9, 2014, there was not adequate time for staff to compile the bid tabulation to include in the agenda packet. A revised agenda bill specifying the Contractor and contract amount will be distributed to the Committee and Council at their meetings scheduled for September 15, 2014. Updated information regarding the budget status will be presented with the revised agenda bill. Funding for this project is from the Capital Signal Equipment and Improvement Funds (328 Funds). See the attached Budget Status Sheet for additional details. ACT.D AUBURN * MORE THAN YOU IMAGINED Page 40 of 170 A project budget contingency of $54,467.00 remains in the 328 Fund. Reviewed by Council Committees: Public Works Councilmember: Osborne Staff: Barba Meeting Date: September 15, 2014 Item Number: ACT.D ACT.D AUBURN * MORE THAN YOU IMAGINED Page 41 of 170 BUDGET STATUS SHEET Project No: CP1322 Project Title: Annual Traffic Signal Improvements Project Manager: Luis Barba Date: September 8, 2014 Initiation Date: 1/21/2014 Advertisement Date: 8/18/2014 Award Date: 0 Project Update 0 Permission to Advertise Total Contract Award 0 Change Order Approval 0 Contract Final Acceptance The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Funding 2013 Actual 2014 Future Years Total 328 Fund - Capital Signal Equipment Funds 328 Fund - Capital Signal Improvement Funds 0 0 45,234 324,267 Design Engineering - City Costs* 45,234 324,267 Total 1 0 1 369,501 1 1 369,501 Estimated Cost (Funds Needed) Activity 2013 Actual 2014 Future Years Total Design Engineering - City Costs* 369,501 328 Funds Needed 0 315,034 Equipment Procurement 0 142,885 0 142,885 Construction Estimate 0 143,457 0 143,457 Project Contingency (20% of Construction Est.) 0 28,691 0 28,691 Construction Engineering - City Costs* Total 0 315,034 0 315,034 *Engineering costs are charged to the Engineering Budget and not shown here. 328 Capital Improvement Budqet Status ** ( #) in the Budget Status Sections indicates money the City has available. \ \auburn 1 2\building\PROJ\CP1 322-Annual Traffic Signal Improv \3.00 Project Management \3.20 ))�JgP \CP1322_BudgetStatusSheet Page 420fof 170 2013 (Actual) 2014 Future Years Total * *328 Funds Budgeted 0 369,501 369,501 328 Funds Needed 0 315,034 0 315,034 * *328 Fund Project Contingency O 0 0 ;! m m `n "'1 "' (54,467) 328 Funds Required 0 0 0 ** ( #) in the Budget Status Sections indicates money the City has available. \ \auburn 1 2\building\PROJ\CP1 322-Annual Traffic Signal Improv \3.00 Project Management \3.20 ))�JgP \CP1322_BudgetStatusSheet Page 420fof 170 TRAFFIC SIGNAL BU A 95TH ST SW CORRIDOR/ VEHICLE DETECTION UPGRADES SIGNAL BACKPLATES A &URN WASHINGTON ST S. 277TH ST /FRONTAGE RD VEHICLE DETECTION UPGRADE AUBURN WAY N /37TH ST b TRAFFIC SIGNAL CABINET r-rP JY I I P LAKELAND HILLS WAY SE /LAKE TAPPS PKWY SE FLASHING YELLOW ARROW ADA PUSHBUTTONS SIGNAL BACKPLATES CP1322 ANNUAL TRAFFIC SIGNAL IMPROVEMENTS VICINITY MAP NOT TO SCALE Page 43 of q0 'Alu,BURN VVAS I � I N G "i'(') N1 AGENDA BILL APPROVAL FORM Administrative Recommendation: Public Works Committee recommend City Council Approve Award of Contract No. 14- 10, to the Lowest Responsible Bidder for Project No. CP1208 Sewer Pump Station Improvements. Background Summary: This project will construct various improvements to 11 of the City's sanitary sewer pump stations including upgrading the ability of maintenance staff to access and maintain wet wells, installing new back -up generator systems, installing site improvements such as fencing, lighting, and equipment shelters, and establishing cathodic protection systems. See the attached improvement matrix for specific improvements proposed at each pump station site. Because the bid opening was held on September 9, 2014, there was not adequate time for staff to compile the bid tabulation to include in the agenda packet. A revised agenda bill specifying the contractor and contract amount will be distributed to the Committee and Council at their meetings scheduled for September 15, 2014. Updated information regarding the budget status will be presented with the revised agenda bill. A project increase of $52,549.00 within the Sewer Fund is anticipated; however it will not require a budget adjustment since it is anticipated that the budgeted expenditures in the Sewer Fund will not be exceeded this year. Reviewed by Council Committees: Public Works Councilmember: Osborne Staff: Truong ACT.E AUBURN * MORE THAN YOU IMAGINED Page 44 of 170 Meeting Date: September 15, 2014 Item Number: ACT.E ACT.E AUBURN * MORE THAN YOU IMAGINED Page 45 of 170 BUDGET STATUS SHEET Project No: CP1208 Project Title: Sewer Pump Station Improvement Project Project Manager: Kim Truong 0 Project Initiation Initiation Date: 9/3/13 0 Permision to Advertise Date: Sept. 8, 2014 Advertisement Date: 5/5/14 Q Contract Award Award Date: 0 Change Order Approval 0 Carry Forward to 2014 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Funding Prior Years 2012 2013 2014 Total 431 Fund -Sewer 0 29,018 80,134 990,848 1,100,000 Total 0 29,018 80,134 990,848 1,100,000 Estimated Cost (Funds Needed) Activity Prior Years 2012 2013 2014 Total Design Engineering - City Costs 0 12,032 27,445 57,351 96,828 Design Engineering - Consultant Costs 0 16,986 52,689 22,404 92,078 Construction Estimate 0 0 0 905,405 905,405 Project Contingency 0 1 0 0 40,000 40,000 Easement Acquisition 3,237 3,237 Construction Engineering - City Costs 10,000 10,000 Construction Engineering - Consultant Costs 5,000 5,000 Total 0 29,018 80,134 1,043,397 1,152,549 431 Sewer Budget Status . ( # ) in the Budget Status Sections indicates Money the City has available. H: \PROJ \CP1208 -Sewer Pump Station Improvements \Budget \Sewer Imp Proj BudgetStatusSheet 2011-12 - 27.xlsx 1 of 1 ACT.E Page 46 of 170 Prior Years 2012 2013 2014 Total '431 Funds Budgeted () 0 (29,018) (80,134) (990,848) (1,100,000) 431 Funds Needed 0 29,018 80,134 1,043,397 1,152,549 *431 Fund Project Contingency () 0 0 0 0 0 431 Funds Required 0 1 0 0 52,549 52,549 . ( # ) in the Budget Status Sections indicates Money the City has available. H: \PROJ \CP1208 -Sewer Pump Station Improvements \Budget \Sewer Imp Proj BudgetStatusSheet 2011-12 - 27.xlsx 1 of 1 ACT.E Page 46 of 170 D CP1208 � Sewer Pump Station Improvement Matrix m � Generator Cathodic Wet Well Site Improvements System Protection Access System Improvements Fencing Shelter Lighting 22nd Street NE X X X X X X 8th Street NE X X X X X X Area 19 X j __ - - . , i _— F Street SE X X North Tapps X I _ Peasley Ridge X _ _ _ . _ _ _ _ i R Street NE X X X X X X � _-- Rainier Ridge X X I Riverside X Terrace View X � m � `D Valle Meadows X X X X X X A � 0 � V O Sewer Pump Station Improvements Project Vicinity Map ��- _ � �� r ^ _ �,�sr �_ r—a `; . , �� . ; 22nd Street Riverside 8th Street Pump Pump P°m� Station Station Station \ Rainier Ridge L Pump � � " Station s'T-r � Valley � Meadows `R' Strect ,.{ :'�,., Pump Pump �;r.r�,_ : Station Station �'� ; c v. _ '' t Peasle,y Ridge Pump - � � � � S tatio n ——� _ � 4i `F' Street � , ' Pump Shrtion Terrace �' � . Area-19 Vie�� Pump Pump � Station - � Station �.� � � r North 'P �cL � � S Tapps �� r, Pump N '�r _ Station � � ACT.E Page 48 of 170 'Alu,BURN VVAS p � I N G "i'( AGENDA BILL APPROVAL FORM Agenda Subject: Date: Public Works Consultant Agreement No. AG -C -453 September 9, 2014 Department: Attachments: Budget Impact: Public Works Scope of Services $0 Administrative Recommendation: Public Works Committee recommends Council grant permission to enter into Consultant Agreement No. AG -C -453 with FCS Group for preparation of the Financial Chapters in the Water, Sewer, and Storm Water Comprehensive Plans. Background Summary: Originally it was intended to utilize City financial staff to provide the financial analysis for each utility comprehensive plan. Recent changes in staff, along with current staff work load for preparing the budget, require outside assistance to complete this task. FCS Group is currently preparing the System Development Charges and Cost of Service Rate Study, which makes them suitable to prepare the financial chapters of the comprehensive plans. The Not- to -be- Exceeded amount for this agreement is $59,960.00, with costs split evenly between the three utilities. Funds for the Water Utility portion are available in the Water Fund, Professional Services line item. Funds for the Sewer Utility portion are available in the Sewer Fund, Professional Services line item. Funds for the Strom Utility portion are available in the Storm Drainage Fund, Professional Services line item. Reviewed by Council Committees: Public Works Councilmember: Osborne Staff: Fenhaus Meeting Date: September 15, 2014 Item Number: ACT.F ACT.F AUBURN * MORE THAN YOU IMAGINED Page 49 of 170 ACT.F AUBURN * MORE THAN YOU IMAGINED Page 50 of 170 „, `1,, III I II'' "'III',," „ `1,, III u!, I' ” " °IIti „ `1,, III'' "' III' III„ III 1 „Vr q The following scope of services identifies the task FCS GROUP will perform in developing the financial programs / chapters for the City's water, sewer, and stormwater comprehensive system plans. We will coordinate as necessary with the Citv's consulting engineers, Brown and Caldwell (sewer /storm) and Carollo (water). 1' „,i Y II �",i' 1VW Prepare an initial data request identifying financial and operational documents pertinent to the performance of the stud`. It is anticipated that the consulting engineers will provide the Capital Improvement Programs and relevant draft system plan chapters. Review, analyze, and validate data as necessary for use in formulating the technical analyses. Follow up with requests for any additional items or explanations as necessary. .il lkii 4 4 ' l Review and document the financial operations (revenue and expenses) and financial condition (assets and liabilities) of the utilities for the previous six -gear period. Noteworthy financial trends will be summarized. .illkii !r N, "'!Il 'd III 'V F' Review the City's current fiscal policies for operating and capital reserves, system reinvestment funding, debt management, and debt service coverage. In particular, this will include review of the Citv's draft reserve policy, and incorporation into the analysis as necessary. Evaluate capital funding options, and develop a capital financing plan for the six -gear and 20 -gear Capital Improvement Programs (CIPs). The analysis will include a forecast of capital funding needs, borrowing requirements, and associated cash flows and cash balances over the stud` period. Evaluate and recommend an appropriate balance of funding from cash, SDCs, bonds, low interest loans and /or other available revenue sources. Depending upon preliminary results of customer impacts, FCS GROUP will work closelv with the Citv and its consulting engineers to perform sensitivity analyses for alternative scheduling of capital projects in order to smooth customer rate impacts. The budget provides for up to three (3) scenarios. ): '' 1, ill o LI; ^G, "II,1 °L,.„illkiv The Citv's current utility operating budgets will be used as the baseline for forecasting ongoing operating and maintenance (O &M) costs, debt service, and other financial obligations of the utilities over the six -gear and 20 -gear stud` period. Incorporate engineering planning growth forecasts and establish economic factors for cost escalation. Integrate additional O &M expenses, if any, resulting from the CIP and any other known changes in operational requirements. Integrate fiscal policies, capital financing impacts and the operating forecast, and develop an operating cash flow for each utilitv over the six -gear and 20 -gear stud` periods. Compare forecasted financial ACT.F Page 51 of 170 requirements against forecasted revenue under existing rates to determine annual and cumulative revenue adjustments needed to ensure financial sustainability over time. Develop a rate forecast for the six -gear period. Apply annual rate adjustments to the City's existing utilitv structures "across- the - board" or equally to each rate class and rate charge (fixed and variable). Note: this scope does not include changes to the City's existing utilitv rate structures. The Financial Chapters will include narrative discussion of potential rate structure enhancements under evaluation in the utility rate studies currently underway. Perform an affordability test as an indication of a residential customer's ability to pay the existing and forecasted rates. This includes a median household income index anal`-sis and comparison of the utility systems' existing and forecasted average residential bills to 1.5% of the median household income. This test will be conducted for the six -gear and 20 -gear stud` periods. l a9 tc Ic. Update the SDCs developed as part of the 2013/2014 utility rate studies to incorporate changes in the CIPs and associated system capacities. We will follow the methodology outlined for Approach A (Average Integrated) for calculation of the charges, unless otherwise directed bv the Citv. Work closelv with the City's consulting engineers to determine the appropriate allocation of each capital project to the categories of (a) repair & replacements and (b) upgrades and expansions. Calculate the maximum allowable SDC per customer equivalent and develop a schedule of SDCs. Phase in strategies will also be updated, as warranted. T °r,`i11 ku, ',.ii ^II6! I' 11I1 t "I. l "ti Attend meetings to review findings with City staff / consulting engineers and to present findings to committees or Council. It is anticipated that separate meetings will be held for sewer /storm results and water results. Two (2) meetings are reserved for sewer /storm and two (2) meetings for water, for a total of four (4) meetings. Craft the draft Financial Chapters for Brown and Caldwell / Carollo and City staff review. An electronic cop` of the draft Financial Chapters and Excel -based tables will be provided to the engineers to incorporate into the system plan documents. Incorporate requested changes, as appropriate, and submit the final version of the Financial Chapters. The schedule will be coordinated with the Citv and its consulting engineers. For sewer /storm, 45 to 60 days from receipt of the final CIPs are needed to complete the technical analyses, and up to a total of 90 days to conduct meetings and presentations and document stud` results. For water, 30 days from receipt of the final CIP are needed for the technical analysis, and up to a total of 60 days for meetings and presentations. We expect to begin the water financial program in earl` September and sewer /storm in mid - October. Upon notice to proceed (NTP), we will begin work on data collection, historical reviews, operating forecasts, etc. in advance of the final CIP. Assuming NTP on or about September 5, 2014, we expect stud` completion by March 31, 2015. ACT.F Page 52 of 170 II „ull `,,hill 11111 hii,uuu:ii,ull If"in,o;.,;ir,uuuu, „ /u, 'llu,ulluiirir 11111, „1111 „ ^ru ll l��iu 114,JIP hti1 ��1 mY '�� Wi °o� °III' FCS GROUP will charge a lump sum fee of $9,960 for the Scope of Work described above. This fee assumes completion of work by March 31, 2015. ACT.F Page 53 of 170 'Alu,BURN VVA,S I � I N G "i'(')N' AGENDA BILL APPROVAL FORM Administrative Recommendation: For discussion only. Background Summary: Please see the attached memorandum. Reviewed by Council Committees: Public Works Councilmember: Holman Staff: Yao Meeting Date: September 15, 2014 Item Number: DI.A DI.A AUBURN * MORE THAN YOU IMAGINED Page 54 of 170 Memorandum CITY OF � WASHINGTON To: Wayne Osborne, Chair, Public Works Committee Bill Peloza, Vice - Chair, Public Works Committee Claude DaCorsi, Member, Public Works Committee From: Kevin Snyder, AICP, Director of Community Development & Public Works Department Jeff Tate, Assistant Director of Community Development Services Elizabeth Chamberlain, AICP, Planning & Design Services Manager Gary Yao, Planner Date: September 15, 2014 Re: Discussion of ACC 10.36 Stopping, Standing and Parking — Phase 1 Update Background The Comprehensive Downtown Parking Management Plan ( CDPMP), which was adopted by Resolution 5031 in January 2014, guides parking policy development and implementation within downtown Auburn. The CDPMP includes an action plan that specifies near -term (0 -1 year), short -term (1 -5 year), and long -term (5 -10 year) recommendations. Implementation of 3 -hour timed parking throughout the Downtown Urban Center (DUC) zone and implementation of transparent parking policies (code) that reflect parking restrictions as- signed and administrative authority for adjusting parking restrictions are identified as near -term recommendations of the CDPMP. Discussion In order to effectively implement the above - referenced near -term recommendations, staff proposes changes to ACC 10.36 Stopping, Standing, and Parking, for which the Phase 1 update is generally as follows: Removing ACC 10.36.370, 10.36.380, 10.36.390, 10.36.395, 10.36.490, 10.36.500, and 10.36.515, which respectively designate 15- minute, 1 -hour, 2 -hour, 3 -hour, commercial loading zones, passenger loading zones, and school bus loading zones at specific locations of City right -of -way (ROW). The removal of these ACC 10.36 sections is necessary to eliminate conflict between the implementation (signing) of 3 -hour timed parking throughout the DUC, with the exception of existing signed loading zone and ADA parking spaces, and the specification of various timed and loading zone parking in the DUC by these ACC 10.36 sections. In lieu of the removed ACC sections, ACC 10.36.270(A) continues to provide enforcement authority for all signed on- street parking restrictions. DI.A Page 55 of 170 In addition, the removal will allow City staff to maintain a database of restricted on- street parking that can be updated as streets are signed or resigned to meet parking needs, rather than modifying ACC 10.36 whenever on- street parking restrictions are updated. • Modifying ACC 10.36.060 to clarify that City staff can establish parking restrictions on public ROW and municipal parking lots as needed. ACC 10.36 currently contains conflicting code sections that alternate between authorizing the City Engineer to sign on- street parking restrictions and requiring City Council authorization to modify on- street parking restrictions. City staff have also identified the need to modify other sections pertaining to ACC 10.36, but outside of the CDPMP's scope. Those subsequent modifications will be presented as part of a Phase 2 update to ACC 10.36. At the September 15, 2014 Public Works Committee (PWC) meeting, City staff requests Committee feedback to further refine the Phase 1 updates to ACC 10.36. City staff will then bring back an ordinance based on the Committee's feedback. Attachments: 1. ACC 10.36 — Stopping, Standing and Parking — Phase 1 Update DRAFT (Ver. 1) Cc: Mayor Nancy Backus City Clerk Randy Bailey, Assistant Director of Public Works Operations Ingrid Gaub, Assistant Director of Engineering Services Pablo Para, Transportation Manager Joe Welsh, Transportation Planner James Webb, Traffic Engineer DI.A Page 56 of 170 Chapter 10.36 STOPPING, STANDING AND PARKING' Sections: General Provisions 10.36.010 Short title. 10.36.020 Definitions. 10.36.030 Exercise of police power. 10.36.040 Chapter application. 10.36.050 Regulations not exclusive. 10.36.060 Additiep-al FegulatiGRG pFemulgati,n autheFit), Authority to designate parking restrictions. 10.36.065 Leaving children unattended in standing vehicle with key in the ignition — Penalty. 10.36.070 Enforcement personnel — Employment. 10.36.080 Enforcement personnel — Authority. 10.36.090 Enforcement personnel — Supervision. II. General Restrictions and Regulations 10.36.100 Parallel parking — Requirement generally — Exceptions. 10.36.110 Parallel or angle parking — Method. 10.36.120 Method generally. 10.36.130 Angle parking — Required when. 10.36.140 Conformance to designated parking method required. 10.36.150 Angle parking — Maximum vehicle length. 10.36.160 Angle parking — One side of street — Minimum pavement width. 10.36.170 Angle parking — Minimum pavement width. 10.36.175 Fire lanes. 10.36.180 Parking in taxicab stands. 10.36.190 Commercial vehicles and large vehicles. 10.36.191 Recreational vehicle parking. 10.36.192 Trailers. 10.36.193 Larger vehicles in residential zoning districts. 10.36.200 Leaving unattended vehicle. 10.36.205 Parking an unlicensed vehicle. 10.36.210 Parked vehicle obstructing roadway. 10.36.215 Responsibility and duty to maintain, repair and construct landscape strips where parking is permitted. 10.36.216 Parked vehicle obstructing other vehicles. 10.36.217 Parked vehicle obstructing enforcement. For statutory provisions authorizing cities to limit or restrict parking and standing, see RCW 46.61.570(2); for provisions authorizing cities to permit angle parking, see RCW 46.61.575; for provisions applying RCW Title 46 to code cities, see RCW 35A.46.010. Draft 7.30.14 (Ver. 1) Page 1 of 29 DI.A Page 57 of 170 10.36.220 Parking in alleys. 10.36.230 Parking near schools. 10.36.240 Parking method generally. 10.36.250 Obstructing driveways. 10.36.255 Obstructing post office boxes prohibited. 10.36.260 Seventy- two -hour parking limit. 10.36.261 Removal of parking enforcement tire markings — Penalty. 10.36.262 Chain parking unlawful. 10.36.263 Continuous parking — Multiple violations. 10.36.265 Violation. 10.36.268 Disabled parking —Violation. Prohibited Parking Places and Areas 10.36.270 Prohibited parking places. 10.36.275 — 10.36.347 Repealed. 10.36.350 No parking areas — Identification. 10.36.360 Violation — Penalty. IV. Restricted Parking Zones 10.36.370 Cif + ^^r, mi.pute paFkiRg ZGRec+ 10.36.380 G no- h.,..r ^ ^rl,in^ ^nom 10.36.390 Twp hri r r»rLinir �r.r. ^c+ 10.36.395 Tihroo_h.,..r r,�rl,in^ ^nom 10.36.400 Overtime parking — Report. 10.36.410 Overtime parking — Notice — Order to report to court. 10.36.420 Overtime parking — Fines. 10.36.430 Overtime parking — Failure to post bail or answer charge — Penalty. V. Contractor and Service Parking 10.36.440 Permission application required. 10.36.450 Permit— Requirements. 10.36.460 Space barricading. 10.36.470 Violation — Penalty. VI. Loading Zones 10.36.480 Traffic identification. 10.36.490 Z^noc deGigAAtPd (`^mmornial Ieadi g 10.36.500 DaGGeRgeF IeadiRg ZGRec+ 10.36.510 Repealed. 10.36.515 Cnh^^I bus Ieadi g Z^noc 10.36.520 Parking in loading zones. Draft 7.30.14 (Ver. 1) Page 2 of 29 DI.A Page 58 of 170 10.36.530 Violation — Penalty. VII. Violations 10.36.540 Evidence of violation. 10.36.550 Penalty. I. General Provisions 10.36.010 Short title. This chapter may be known and cited as the parking ordinance. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.340.) 10.36.020 Definitions. A. The definition of words and phrases contained in RCW 46.04.010 through 46.04.700, except 46.04.150 and 46.04.355, adopted by reference in Chapter 10.04 ACC, shall, for the purpose of this chapter, have the same meanings ascribed to the words and phrases therein. B. The following words and phrases, when used in this chapter, shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section, unless where used the context thereof clearly indicates to the contrary: 1. "Bicycle lane" means the portion of the travel way for the movement of bicycles. 2. "Commercial loading zone" means a designated portion of the street along the curb reserved for use in loading and unloading commodities, merchandise, produce, freight or animals by commercial vehicles only. 3. "Individual parking space" means a portion of the paved section of the street, of sufficient length and depth from the sidewalk curb to accommodate a vehicle to be parked, as shall be specified and marked off by the street division of the city. 4. "Landscape strip" means that portion of street lying between the constructed curb and edge of the right -of -way, exclusive of any sidewalk or pedestrian path. 5. "Median lane" means a speed change lane within the median to accommodate left turning vehicles. 6. "Mountable curb" is a curb designed so vehicles can cross them readily when the need arises. Mountable curbs are low with sloping faces and are typically combined with a gutter. 7. "Nonmetered parking zones" means portions of streets described and established by the city council as zones within which the parking of vehicles shall be controlled, regulated and inspected by the parking enforcement personnel of the city. 8. "Parking" means the standing of a vehicle upon a street, whether such vehicle is occupied or not, and whether such vehicle is accompanied or not by an operator, for a period of time in excess of two minutes. 9. "Passenger loading zone" means a designated portion of the street along the curb reserved for use in loading and unloading passengers by passenger vehicles only. Draft 7.30.14 (Ver. 1) Page 3 of 29 DI.A Page 59 of 170 10. "Recreational vehicle" means a vehicular -type unit primarily designed for recreational camping or recreational travel use that (a) has its own motive power, or (b) is mounted on, or (c) is towed by another vehicle, whether attached or unattached to a towing vehicle. 11. "Residential neighborhood" means an area where the majority of property in the vicinity is used for residential purposes and /or is zoned for residential uses in the city. 12. "Shoulder" means that portion of the roadway contiguous with the traveled way for accommodating stopped vehicles, for emergency use, and for lateral support of base and surface courses. 13. "Street" means and includes streets, avenues, ways, boulevards, drives, highways and all places, except private alleys, open to the public for the use of vehicles. "Street" also means unpaved areas within the right -of -way. 14. "Traffic island" shall mean a curbed area in a roadway from which traffic is excluded. 15. "Traffic lane" means the portion of the traveled way for the movement of a single line of vehicles. 16. "Traveled way" means the portion of roadway for the movement of vehicles, exclusive of shoulder. 17. "Vertical or barrier curb" shall mean a curb with a vertical or nearly vertical face intended to discourage vehicles from leaving the roadway. (Ord. 6275 § 1, 2010; Ord. 6247 § 17 2009; Ord. 6222 § 17 2009; Ord. 6211 § 17 2008; Ord. 5684 § 17 2002; Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.010.) 10.36.030 Exercise of police power. This chapter shall be deemed and construed as an exercise of the police power of the state, and is deemed expedient to maintain the peace, good government and welfare of the city and its trade, commerce and manufactures. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.020.) 10.36.040 Chapter application. The provisions of this chapter prohibiting the standing or parking of vehicles shall apply at all times or at those times specified in this chapter or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic - control device; provided, however, the Auburn police chief is herewith granted, subject to the approval of the mayor, authority to declare parking moratoriums where he finds such moratoriums in the best interest of the citizens of the city. (Ord. 5212 § 1 (Exh. F), 1999; Ord. 3748 § 17 1982; 1957 code § 9.22.030.) 10.36.050 Regulations not exclusive. The provisions of this chapter imposing time limits on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.040.) Draft 7.30.14 (Ver. 1) Page 4 of 29 DI.A Page 60 of 170 10.36.060 Authority to designate parking restrictions. A. The Mayor or the Mayor's designee has the authority to establish parking restrictions on public streets and in municipal parking lots. Such restrictions include, without limitation, Loading Zones, One -Hour Parking, Two -Hour Parking, No Parking Anytime, Disabled Parking, restricted parking by vehicle type, weight, or length, and similar designations. No such parking restrictions shall apply to law enforcement or other emeraencv and Citv vehicles when in service. 10.36.065 Leaving children unattended in standing vehicle with key in the ignition — Penalty. It is unlawful for any person, while operating or in charge of a vehicle, to park or willfully allow such vehicle to stand upon a public highway or in a public place with its ignition key in the ignition, leaving a minor child or children under the age of 11 years unattended in the vehicle. Any person violating the provisions of this section is guilty of a misdemeanor. (Ord. 5919 § 1, 2005.) 10.36.070 Enforcement personnel — Employment. The police chief is authorized and empowered to employ personnel of suitable age, physical condition, and qualifications, in the police chief's discretion, to enforce the provisions of the traffic ordinances of the city pertaining to nonmoving traffic violations in the nonmetered parking zones of the city. (Ord. 5212 § 1 (Exh. F), 1999; Ord. 3066 § 1, 1976; 1957 code § 9.22.220.) 10.36.080 Enforcement personnel — Authority. Enforcement personnel shall be deputized by the city to issue citations pertaining to nonmoving traffic violations in the nonmetered parking zones of the city only, and for no other purposes. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.230.) 10.36.090 Enforcement personnel — Supervision. Enforcement personnel shall be under the direction, supervision, and control of the police chief, but shall not be considered law enforcement officers or commissioned officers of the police department. (Ord. 5212 § 1 (Exh. F), 1999; Ord. 3066 § 2, 1976; 1957 code § 9.22.240.) II. General Restrictions and Regulations 10.36.100 Parallel parking — Requirement generally — Exceptions. All vehicles within the city shall park parallel as defined in this chapter, except as follows: on the west side of "B" Street N.E. from Main Street to First Street N.E.; on the east side of "B" Street N.E. from the alley north of Main Street to First Street N.E.; "E" Draft 7.30.14 (Ver. 1) Page 5 of 29 DI.A Page 61 of 170 Street S.W., east side between West Main Street and First Street S.W.; "F" Street S.W., west side between West Main Street and first alley south of West Main Street; and on all other streets and highways where angle parking is indicated by white lines drawn on the pavement or signs posted at the curb, where all vehicles shall park on an angle as defined in this chapter. (Ord. 5212 § 1 (Exh. F), 1999; Ord. 4183 § 2, 1986.) 10.36.110 Parallel or angle parking — Method. In any place where parallel parking is permitted or required, it is unlawful to park a vehicle with the right wheels of the vehicle, or either of them, more than one foot from the curb nearest the vehicle. In any place where angle parking is permitted or required, it is unlawful to angle park a vehicle otherwise than with the right front wheel abutting against and touching the curb immediately in front of such vehicle where there is such a curb. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.080.) 10.36.120 Method generally. In all other streets and highways, vehicles shall park as defined in this chapter, unless angle parking is indicated by white lines drawn on the pavement or signs posted at the curb. Angle parking shall not be permitted upon the streets designated as forming a part of the route of a primary state highway. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.080.) 10.36.130 Angle parking — Required when. On all streets and highways where angle parking is designated by lines drawn on the pavement or curbs, all vehicles shall be angle parked in such a manner that the entire portion of such vehicle is located within the stall or parking space designated by such lines. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.080.) 10.36.140 Conformance to designated parking method required. No person shall parallel park a vehicle at any location designated as a location for angle parking, nor angle park a vehicle at any location designated as a location for parallel parking. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.090(C).) 10.36.150 Angle parking — Maximum vehicle length. On portions of the street where angle parking is allowed, it is unlawful to angle park a vehicle the length of which exceeds 20 feet over all. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.090(D).) 10.36.160 Angle parking — One side of street — Minimum pavement width. Except as set forth in ACC 10.36.270, it is unlawful to park or angle park a vehicle on more than one side of any street or avenue on which the width of the pavement is 25 feet or less between the curbs. (Ord. 6211 § 2, 2008; Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.090(E).) 10.36.170 Angle parking — Minimum pavement width. Draft 7.30.14 (Ver. 1) Page 6 of 29 DI.A Page 62 of 170 Except as set forth in ACC 10.36.270, it is unlawful to park or angle park a vehicle on either side of a roadway 20 feet or less in width. (Ord. 6211 § 3, 2008; Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.090(F).) 10.36.175 Fire lanes. A. Definitions. The following definitions shall apply in the interpretation and enforcement of this section: 1. "Fire lane" means that area within any public right -of -way, easement, or private property designated for the purpose of permitting fire trucks and other fire - fighting or emergency equipment to use, travel upon and park. 2. "Park," "parking," "stop," "stand" or "standing" means the halting of a vehicle, other than an emergency vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or fire official or traffic - control sign or signal. 3. "Vehicle" means a machine propelled by power other than human power, designed to travel along the ground or rail by use of wheels, treads, runners or slides, and transport persons or property, or pull machinery, and shall include, without limitations, automobile, truck, trailer, motorcycle, tractor, buggy, wagon and locomotive. B. Requirements — Standards. When required by the fire department, hard - surfaced driving lanes shall be provided around facilities which by their size, location, design or contents warrant access which exceeds that normally provided by the proximity of city streets. 1. Lanes shall provide a minimum, unobstructed continuous width of 20 feet and a minimum vertical clearance of 13 feet, 6 inches. 2. Fire lanes shall be either asphalt or reinforced concrete, or when specifically authorized by the fire department, compacted crushed rock may be used. 3. Where fire lanes connect to city streets or parking lots, adequate clearances and turning radii shall be provided. All proposed plans must have fire department approval. C. Fire Lanes as Part of Driveways and /or Parking Areas. The fire department may require that areas specified for use as driveways or private thoroughfares shall not be used for parking. These areas, when specified, shall be marked or identified by one of the two means detailed in subsection E of this section. D. Parking in a Fire Lane Prohibited. Except when necessary to avoid conflict with other traffic, or in compliance with the direction of a police officer or fire official or traffic - control sign, signal or device, no person shall stop, stand or park a vehicle, whether occupied or not, in a designated fire lane. Vehicles parked in a fire lane are subject to immediate impoundment, in addition to other penalties. E. Fire Lane Identification. Lanes shall be identified by a four - inch -wide line or by painting of the curb in bright yellow color. Marking shall be by one of the following methods: 1. Fire lane signs (in accordance with the Washington State Highway Commission Sign Fabrication Manual M24 -70 HT and the Manual of Uniform Traffic - Control Devices issued by the Federal Highway Administration), per illustration: Draft 7.30.14 (Ver. 1) Page 7 of 29 DI.A Page 63 of 170 in FW�W�W�W�W�W�W�W�W�W�W�W�W�W�W�W�W�W�W�W�W�W�W�W�W�W�W�� O PARKING FHZf LANE .', Lettering Specifications 3" — Class C width 3" — Class B width 2" — Class C width 1/2" — Class C width a. Reflective in nature; b. Red letters on white background; c. Signs to be spaced 50 feet apart and posted on or immediately next to the curb, or on the building; d. Signs to be no less than four feet from the ground. 2. Fire lane painting (where signs cannot be safely or securely posted, or where required additional to signs). a. Block letters 24 inches high, 12 inches wide and four -inch stroke stating "FIRE LANE — NO PARKING" shall be painted on the lane at 50 -foot intervals in bright yellow color using paint that shall be suited for traffic markings. 3. Alternate Materials and Methods. The city may modify its method of marking fire lanes if the provisions of this section are impractical. This includes authorizing the city engineer to include references to codes and /or ordinances on the signs, but the inclusion or exclusion of that or any other language shall not affect the enforceability of the fire lane restrictions so long as the sign clearly identifies a fire lane and is in accordance with the Washington State Highway Commission Sign Fabrication Manual M24 -70 HT and the Manual of Uniform Traffic - Control Devices issued by the Federal Highway Administration. F. Existing Buildings. When the fire department determines that a hazard due to inaccessibility of fire apparatus exists around existing buildings, they may require fire lanes to be constructed and maintained as detailed in subsections B and C of this section. Draft 7.30.14 (Ver. 1) Page 8 of 29 DI.A Page 64 of 170 G. Violation. It is a violation of this section for any person, firm or individual to sign or to attempt to designate an unauthorized fire zone. H. Penalties. Any person violating any of the provisions of this section has committed an infraction and shall be fined $75.00. (Ord. 6247 § 2, 2009; Ord. 5724 § 1, 2002; Ord. 5212 § 1 (Exh. F), 1999; Ord. 5110 § 27 1998; Ord. 4188 §§ 1 — 97 1986.) 10.36.180 Parking in taxicab stands. It is unlawful for the operator of any vehicle other than a taxicab or a for -hire vehicle to park in any officially designated taxicab stand. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.050.) 10.36.190 Commercial vehicles and large vehicles. A. Except as provided for in this section, no person shall park any vehicle with a gross vehicle weight rating of 16,000 pounds or more, as indicated in the records of the Washington State Department of Motor Vehicles for the vehicle, on any street, alley or public right -of -way in the city. B. Parking vehicles with a gross vehicle weight rating of 16,000 pounds or more, as indicated on the vehicle or as indicated in the records of the Washington State Department of Motor Vehicles, is permitted at the following locations: 1. D Street NW both sides, between 44th Street NW and S 277th, where practical; 2. 44th Street NW south side, west of D Street NW and east of the Union Pacific RR right -of -way; 3. E Street NE west side, between 23rd Street NE and 26th Street NE; 4. Lund Road SW east side, W. Main Street to end. C. Commercial vehicles may be stopped or parked in other safe locations while in the process of actively loading, unloading or providing services to residences or businesses in the immediate vicinity of where the vehicle is parked; provided, that the free flow of traffic is unobstructed. D. The penalty for parking in violation of this section shall be a fine of $250.00 per violation, in addition to other costs and assessments provided by law. A violation of this section shall be considered a parking infraction and shall be processed in accordance with the state statutes, court rules and city ordinances regarding parking infractions. Each calendar day during which a violation occurs shall constitute a separate infraction, and each instance when a commercial vehicle parks at a location in violation of this section shall be a separate violation. E. The provisions of this section do not apply to recreational vehicles as regulated by ACC 10.36.191. Additionally, parking larger vehicles on or along certain arterial streets within residential zoning districts is further regulated by ACC 10.36.193. F. This section does not permit or authorize anyone to park any vehicle weighing more than 16,000 pounds on any street within the city that does not have adequate space for parking or where parking is otherwise prohibited. (Ord. 6404 § 17 2012; Ord. 6273 § 17 2009; Ord. 6222 § 27 2009; Ord. 6035 § 17 2006; Ord. 6030 § 17 2006; Ord. 5943 § 17 2005; Ord. 5492 § 17 2001.) 10.36.191 Recreational vehicle parking. Draft 7.30.14 (Ver. 1) Page 9 of 29 DI.A Page 65 of 170 A. No person shall park any recreational vehicle on any street, alley or public right - of -way in any residential neighborhood in the city for more than 24 hours. B. The penalty for parking in violation of this section shall be a fine of $250.00 per violation, in addition to other costs and assessments provided by law. A violation of this section shall be considered a parking infraction and shall be processed in accordance with the state statutes, court rules and city ordinances regarding parking infractions. Each calendar day during which a violation occurs shall constitute a separate infraction, and each instance when a recreational vehicle or trailer parks at a location in violation of this section shall be a separate violation. C. This section does not permit or authorize anyone to park any recreational vehicle on any street within the city that does not have adequate space for parking or where parking is otherwise prohibited. (Ord. 6222 § 3, 2009; Ord. 6129 § 1, 2007; Ord. 6035 § 2, 2006.) 10.36.192 Trailers. A. No unattached trailer, semitrailer, or pole trailer shall be parked within any city right -of -way; provided, that an unattached trailer, semitrailer, or pole trailer with a gross vehicle weight rating of less than 16,000 pounds, as indicated in the records of the Washington State Department of Motor Vehicles for the vehicle, may be parked within any city right -of -way in a residential neighborhood in the city for up to 24 hours. B. The penalty for parking in violation of this section shall be a fine of $250.00 per violation, in addition to other costs and assessments provided by law. A violation of this section shall be considered a parking infraction and shall be processed in accordance with the state statutes, court rules and city ordinances regarding parking infractions. Each calendar day during which a violation occurs shall constitute a separate infraction and each instance when an oversized or commercial vehicle parks at a location in violation of this section shall be a separate violation. C. This section does not permit or authorize anyone to park any trailer on any street within the city that does not have adequate space for parking or where parking is otherwise prohibited. (Ord. 6273 § 27 2009; Ord. 6222 § 47 2009.) 10.36.193 Larger vehicles in residential zoning districts. A. In addition to the parking regulations and restrictions set forth in this chapter, no person shall park any vehicle with a gross vehicle weight rating of 10,000 pounds or more, as indicated in the records of the Washington State Department of Motor Vehicles for the vehicle, on or along any street, alley or public right -of -way in a residential zoning district of the city; provided, that this restriction shall not apply to pick -up trucks falling within the Class 3 truck classification with a gross vehicle weight rating not exceeding 14,000 pounds. The provisions of this section do not apply to parking on or along principal arterials or minor arterials as designated in the city's transportation comprehensive plan. The provisions of this section, however, do apply to parking on or along city streets in residential zoning districts that are classified as local streets or collector arterials as designated in the city's transportation comprehensive plan. B. For the purposes hereof, the Class 3 truck classification shall be as defined and categorized by the United States Department of Transportation Federal Highway Administration (FHWA) Vehicle Inventory and Use Survey (VIUS) standards, which Draft 7.30.14 (Ver. 1) Page 10 of 29 DI.A Page 66 of 170 groups Class 1, 2 and 3 as "Light Duty." Additionally, for the purposes hereof, the term "pick -up truck" means and refers to a motor vehicle designed for carrying or pulling loads with an open body and low sides, consistent with the colloquial understanding of that term. C. As used in this section, a street, alley or public right -of -way in a residential zoning district of the city means and refers to any public rights -of -way within the residential zones of the city as defined and described in ACC 18.07.010, including specifically the Residential Conservancy (RC) Zone; the R -1 Residential Zone; the R -5 Residential Zone; the R -7 Residential Zone; the R -10 Residential Zone; the R -16 Residential Zone; and the R -20 Residential Zone. Also, mixed -use zoning districts, where residential and nonresidential uses may be made of property therein as a matter of right (not requiring a conditional or special use permit) shall not constitute a residential zoning district of the city for the purposes hereof. In order for a street, alley or public right -of -way to be considered as being in a residential zoning district of the city, the property on both sides of the roadway shall be zoned RC, R -1, R -5, R -7, R -10, R -16 and /or R -20. D. The provisions of this section do not apply to recreational vehicles as regulated by ACC 10.36.191. E. The penalty for parking in violation of this section shall be a fine of $250.00 per violation, in addition to other costs and assessments provided by law. A violation of this section shall be considered a parking infraction and shall be processed in accordance with the state statutes, court rules and city ordinances regarding parking infractions. Each calendar day during which a violation occurs shall constitute a separate infraction, and each instance when a commercial vehicle parks at a location in violation of this section shall be a separate violation. (Ord. 6404 § 2, 2012.) 10.36.200 Leaving unattended vehicle. No person having control or charge of a motor vehicle shall park or angle park such vehicle on any street unattended without first setting the brakes and stopping the motor of the vehicle and, when parked upon a perceptible grade, without turning the wheels of such vehicle to the curb or the side of the street or highway, so that in the event of release of the brakes such vehicle will not move. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.070.) 10.36.205 Parking an unlicensed vehicle. A. It is a violation of this section to stop, stand or park a vehicle on a street, highway, alley or public property within the city limits of the city unless such vehicle possesses a proper and current vehicle license plate or plates, and such plate or plates are properly mounted thereon in accordance with the State of Washington Department of Licensing rules and regulations. B. It is a violation of this section to stop, stand or park a vehicle on a street, highway, alley or public property within the city limits of the city with switched license plates or switched license plate tabs (license plates /tabs belonging on another vehicle). C. It is a violation of this section to stop, stand or park a vehicle on a street, highway, alley or public property within the city limits of the city without current, properly displayed month and year license tabs. Draft 7.30.14 (Ver. 1) Page 11 of 29 DI.A Page 67 of 170 D. Penalty. Any violation of this section shall be an infraction and punishable as follows: 1. For violations of subsections A and B of this section, by a monetary penalty of $86.00. 2. For violation of subsection C of this section, when the license tabs have been expired up to 45 days, by a monetary penalty of $86.00. 3. For violation of subsection C of this section, when the license tabs have been expired more than 45 days, by a monetary penalty of $101.00. Provided, that any vehicle with license tabs expired more than 45 days is also subject to immediate impoundment by a law enforcement officer in accordance with RCW 46.55.113(2). (Ord. 6247 § 3, 2009; Ord. 5841 § 1, 2004; Ord. 5724 § 2, 2002; Ord. 5212 § 1 (Exh. F), 1999; Ord. 5110 § 27 1998; Ord. 4172 § 17 1986.) 10.36.210 Parked vehicle obstructing roadway. It is unlawful for any person to stop, park or angle park any vehicle upon a street in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for free movement of vehicular traffic, except temporarily during the actual loading or unloading of passengers, or when necessary to avoid traffic conflict, or in obedience to traffic regulations or traffic signs or signals or a police officer. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.090(A).) 10.36.215 Responsibility and duty to maintain, repair and construct landscape strips where parking is permitted. A. It shall be the responsibility and duty of the abutting property owner to maintain, repair and construct adjacent landscape strips in an attractive and safe manner when utilized for parking motorized vehicles as follows: 1. When any landscape strip permitted under ACC 10.36.270(10) is permitted to be utilized for parking, the duty, burden, and expense of the maintenance and general upkeep of such landscape strip shall be the responsibility of the owner of the private property directly abutting the landscape strip. 2. The parking area associated with a landscape strip shall be free of conflicts with utilities, fire hydrants, and landscaping as determined by the city engineer, and notwithstanding and in addition to any other provisions, no parking shall be permitted on any landscape strip within 15 feet of a fire hydrant, street tree or driveway cut. 3. A parked vehicle shall not obstruct the traveled way of the street, the sidewalk, or any other pedestrian pathways and be located in a way that does not impede sight distance for other vehicles or pedestrians from exiting or entering driveways or side streets. 4. The owner shall not allow any material to be tracked onto the city street, such as mud, gravel, or other debris. 5. For construction of any new landscape strips, or reconstruction of existing landscape strips allowed for parking, the owner of the private property directly abutting the landscape strip shall utilize a surface material that allows stormwater to be absorbed, filtered, and cleaned before discharging to the groundwater. As determined by the city engineer, materials such as brick, interlocking pavers, grassblock, turfblock, gravel, or porous concrete /asphalt/pavement are acceptable materials. Draft 7.30.14 (Ver. 1) Page 12 of 29 DI.A Page 68 of 170 6. The provisions hereof may be enforced by the city's police department for parking violations or other criminal violations or traffic infractions, or by the city's code enforcement officers for compliance with maintenance and repair requirements, or either the police and code enforcement departments, jointly or separately, where appropriate. B. The above duties and responsibilities shall continue so long as the landscape strip is able to be used for parking in compliance with city standards; provided, that the property owner may request in writing of the city engineer that the landscape strip abutting his or her property no longer be used for parking. The city engineer shall evaluate any such request and determine what measures the property owner must take to restore the landscape strip to a functional landscape area to remove it from availability for parking. The city engineer shall also be authorized to evaluate any other steps appropriate for such transition. (Ord. 6275 § 3, 2010.) 10.36.216 Parked vehicle obstructing other vehicles.2 It is unlawful for any person to stop, park, or angle park any vehicle upon a roadway in such a manner or under such conditions as to block another vehicle in or prevent access to or movement of another vehicle. Evidence that a driver of a vehicle has parked or positioned his or her vehicle within two feet of a previously parked vehicle is prima facie evidence of a violation of this section. It is provided, however, that before a citation is issued or a vehicle is towed for violation of this section, the city shall receive a complaint from the owner or operator of a vehicle whose access or movement is prevented. (Ord. 6364 § 1, 2011.) 10.36.217 Parked vehicle obstructing enforcement.3 It is unlawful for any person to stop, park, or angle park any vehicle upon a roadway in such a manner or under such conditions as to prevent, hinder, obstruct, or delay law enforcement officers from taking or being able to take any lawful action to enforce any traffic or parking laws or regulations of the state of Washington or the city of Auburn. (Ord. 6364 § 2, 2011.) 10.36.220 Parking in alleys. When, under the provisions of this chapter, it is unlawful to park in an alley, it is unlawful for any person to stop or park in such alley any noncommercial vehicle, except for loading or unloading purposes, for periods in excess of five minutes, unless a written permit first is secured from the chief of police. Commercial vehicles may stop or park in such restricted areas for loading or unloading purposes only. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.090(B).) 10.36.230 Parking near schools. 2 Code reviser's note: Ordinance 6364 adds these provisions as Section 10.36.215. The section has been renumbered to avoid duplication of numbering. 3 Code reviser's note: Ordinance 6364 adds these provisions as Section 10.36.216. The section has been renumbered to avoid duplication of numbering. Draft 7.30.14 (Ver. 1) Page 13 of 29 DI.A Page 69 of 170 On portions of streets contiguous to a block in which is located a public or private school, it is unlawful to park or angle park a vehicle where so indicated by signs. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.090(G).) 10.36.240 Parking method generally. A. Unless other parking requirements are specifically set forth elsewhere in the Auburn City Code, the following shall apply to all vehicle parking within the city. A vehicle parked on a street shall be headed in the direction of travel of the adjacent lane, or in the direction of travel designated by traffic signs for such street, and when parked parallel shall be parked with the vehicle wheels parallel to and within 12 inches of the curb or edge of the roadway; provided, however, if the roadway is marked for angle parking to the right, the right front wheel of such vehicle shall be within 12 inches of the curb or edge of the roadway; and provided further, that if the roadway is marked for angle parking to the left, the left front wheel of such vehicle shall be within 12 inches of the curb or edge of the roadway. In every event this section shall be interpreted so as to require vehicles parked upon the public right -of -way to be parked consistent with the required flow of traffic and facing in the same direction as the flow of traffic for the side of the street where parked. B. Any person found to have committed a violation of this section shall pay a fine of $40.00 within 15 days from the date of the issuance of such notice, or in the sum of $50.00 if paid after the fifteenth day from the issuance of said notice, by paying the same directly with the Auburn municipal court. (Ord. 6247 § 4, 2009; Ord. 6211 § 4, 2008; Ord. 6129 § 27 2007; Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.140(r).) 10.36.250 Obstructing driveways. No owner, driver or other person having charge of any vehicle shall permit such vehicle to stand or to be parked alongside of or in front of any portion of any sidewalk on any street in the city where such portion of the sidewalk has been sloped from the street property line down to the level of the outer edge of the adjacent pavement for the purpose of permitting vehicles to cross such portion of the sidewalk in going to or from the street and any oil station, garage or other place of business, or alongside of or in front of any portion of any sidewalk in the city where other provision has been made with the consent of the city for the vehicular crossing across such sidewalk, or in front of any private driveway in the city, which driveway has been established with the consent of the city. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.110.) 10.36.255 Obstructing post office boxes prohibited. It shall be a violation of the ordinances of the city to stop, stand or park a motor vehicle at any time upon the public highways or public places of the city directly in front of or adjacent to clearly visible mail boxes, and between the hours of 8:00 a.m. and 6:30 p.m., Monday through Saturday, it shall be a violation of the ordinances of the city to stop, stand or park a motor vehicle at any time upon the public highways or public places of the city within 15 feet of clearly visible mail boxes, or in any other manner that impedes access thereto; provided, that these parking restrictions shall not apply when vehicles are temporarily stopped, standing or parked in front of or adjacent to mail boxes for the purpose of depositing or picking up mail and only for such brief period of Draft 7.30.14 (Ver. 1) Page 14 of 29 DI.A Page 70 of 170 time that mail is actually being picked up or deposited. (Ord. 6247 § 5, 2009; Ord. 5841 § 2, 2004; Ord. 5212 § 1 (Exh. F), 1999; Ord. 5110 § 2, 1998; Ord. 4851 § 17 1996; Ord. 3339 § 17 1978; Ord. 3165 § 17 1977.) 10.36.260 Seventy -two -hour parking limit. No owner, driver or other person having charge of any vehicle shall permit such vehicle to stand or to be parked in any street in the city for more than 72 hours consecutively. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.210.) 10.36.261 Removal of parking enforcement tire markings — Penalty. A. In checking for overtime parking, police officers, police department volunteers and parking enforcement officers are authorized to use chalk marks on the tires of parked vehicles, or any other identifying mark that does not deface the vehicle. B. It shall be an infraction for any person to erase, eradicate or otherwise remove a mark placed upon any automobile, truck or other vehicle pursuant to this section while any such automobile, truck or other vehicle remains parked in the same place in which it was located at the time the mark was placed upon the automobile, truck or other vehicle. C. Any person who commits a violation of this section shall be subject to a penalty in the amount of $75.00. (Ord. 6129 § 6, 2007.) 10.36.262 Chain parking unlawful. A. It shall be an infraction for any person to move and re -park a vehicle parked on the street within one block of the original parking space in order to avoid a parking time limit. B. It shall be an infraction for any person to move and re -park a vehicle parked in a parking lot to another space within the same parking lot in order to avoid a parking time limit. C. For the purposes of this section, a "block" shall be defined as a city street or alley section located between consecutive intersections. D. A violation of this section shall be an infraction punishable by a fine of $50.00. (Ord. 6247 § 6, 2009; Ord. 6129 § 7, 2007.) 10.36.263 Continuous parking — Multiple violations. Any person in continuous violation of the parking time limit provisions of this title within a single 24 -hour period, or any person who commits multiple violations of the parking time limit provisions of this title, within the same 24 -hour period, may be additionally cited as a multiple offender and such act shall be an infraction which shall be punishable by a fine of $50.00. (Ord. 6129 § 8, 2007.) 10.36.265 Violation. Any person found to have committed a violation of ACC 10.36.100 through 10.36.260, excluding ACC 10.36.175, 10.36.190, 10.36.191, 10.36.205 and 10.36.240, shall pay a fine of $30.00 within 15 days from the date of the issuance of such notice, or in the sum of $40.00 if paid after the fifteenth day from the issuance of said notice, by paying the same directly with the Auburn municipal court. It shall be a separate Draft 7.30.14 (Ver. 1) Page 15 of 29 DI.A Page 71 of 170 violation, subject to the fines and penalties provided herein, chargeable independently and successively, for each instance of overtime parking when the same vehicle is parked for consecutive periods longer than the parking time limit. The monetary penalty provided for by this section may be forfeited, or a contested or mitigation hearing may be requested as authorized by law. (Ord. 6247 § 7, 2009; Ord. 6129 § 3, 2007; Ord. 5768 § 1, 2003; Ord. 5724 § 3, 2002; Ord. 5212 § 1 (Exh. F), 1999; Ord. 5110 § 27 1998; Ord. 4218 § 17 1987; Ord. 3338 § 17 1978.) 10.36.268 Disabled parking — Violation. A. A parking space or stall for a physically disabled person shall be indicated by a vertical sign, between 48 and 60 inches off the ground, with the international symbol of access described under RCW 70.92.120 displaying the notice "State disabled parking permit required" and a warning that other vehicles without permits are subject to impound. B. Any person who meets the criteria for special parking privileges under Chapter 46.16 RCW shall be allowed free of charge to park a vehicle being used to transport that person in parking zones or areas that are otherwise restricted as to the length of time parking is permitted. This section does not apply to those zones or areas in which the stopping, parking or standing of all vehicles is prohibited or which are reserved for special types of vehicles. The person shall obtain and display a special card, decal, or license plate under Chapter 46.16 RCW to be eligible for the privileges set forth in this section. The display card must be hung from the rearview mirror and be visible through the windshield, or placed in a clearly visible location, face up on the dashboard. C. No person shall stop, stand or park a vehicle in a properly posted and marked parking space or stall indicated for a physically disabled person as provided in subsection A of this section for any purpose or length of time unless such vehicle displays a special license plate, card or decal indicating that the vehicle is being used to transport a disabled person as defined under Chapter 46.16 RCW. D. No person shall stop, stand, or park a vehicle in any crosshatched area immediately adjacent to a properly posted and marked parking space or stall indicated for a physically disabled person as provided in subsection A of this section. E. A vehicle may be impounded with a parking citation to its owner when a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person as defined under Chapter 46.16 RCW is parked in a stall or space clearly and conspicuously marked therefor whether the space is provided on private property without charge or on public property, as signed and marked as set forth in subsection A of this section. The issuance of a previous parking citation to said vehicle for violation of the terms of this section shall constitute said prior notice. F. No person shall stop, stand or park a vehicle in front of or within 20 feet of a wheelchair ramp on a public street, except for marked, disabled parking stalls. G. Any violation of this section shall be an infraction and punishable by a monetary penalty of $300.00. (Ord. 6247 § 8, 2009; Ord. 6231 § 10, 2009; Ord. 5724 § 4, 2002; Ord. 5608 § 17 2001; Ord. 5212 § 1 (Exh. F), 1999; Ord. 5110 § 27 1998; Ord. 4769 § 27 1995; Ord. 4358 §§ 27 37 1989; Ord. 4023 § 17 1985.) III. Prohibited Parking Places and Areas Draft 7.30.14 (Ver. 1) Page 16 of 29 DI.A Page 72 of 170 10.36.270 Prohibited parking places. A. Except when necessary to avoid conflict with other traffic or to comply with other provisions of this code or with the direction of a police officer or traffic - control sign or signal, it is unlawful for the operator of a vehicle to stop, stand, park or angle park such vehicle in or on any of the following places: 1. Within an intersection area; 2. Within 20 feet of an uncontrolled intersection; 3. Within 30 feet of an intersection controlled by a stop sign, yield sign, or traffic - control signal; 4. On a crosswalk or within 20 feet of a crosswalk, whether marked or unmarked; 5. In front of or within 50 feet of the driveway entrance to any fire or police station or within any marked area contiguous to such driveway, when properly signed; 6. In front of or within a fire or emergency service access or an area signed for other safety access purposes; 7. In front of or within 15 feet of a fire hydrant; 8. Within any space marked as a fire lane; 9. In front of a public or private driveway, or within five feet of the end of the curb radius leading thereto; 10. On a sidewalk, pedestrian path, or landscape strip. However, parking shall be permitted on landscape strips subject to the maintenance requirements contained in ACC 10.36.215, and where the landscape strip is eight feet or greater in width between the curb and the sidewalk or the edge of right -of -way if there is no sidewalk, the adjacent curb is mountable, and the parked vehicle does not obstruct the use of the traveled way or sidewalk; 11. Alongside or opposite any street excavation or obstruction when such stopping, parking or angle parking would obstruct traffic; 12. In any alley, except that trucks or delivery vehicles may park or angle park in alleys for such time, not in excess of 30 minutes, as may be necessary for the expeditious loading or unloading of such vehicles or the delivery or pickup of articles or materials, unless otherwise restricted by this chapter; 13. Upon any bridge, overpass, underpass, trestle, or approaches thereto; 14. On that portion of any street contiguous to and opposite any outside court, corridor, passage, fire escape, exit or entrance door or any other place adjacent to, or any door opening in any outer wall of any building containing, in whole or in part, any theater, public auditorium, church, dance hall or other place of public assembly through which the public must pass to leave such building, while such building is being utilized for public gatherings; and it shall be incumbent upon and the duty of the owner or agent of the property used for the purpose herein specified to designate such prohibited areas by the placement of stanchions or signs or curb markings of the form and type satisfactory to the city engineer; 15. On the roadway side of any vehicle stopped or parked at the edge or curb of a street, 16. At any place where official traffic signs have been erected at the direction of the city engineer prohibiting parking and /or angle parking, either at all times or at such times as are indicated upon signage giving notice thereof; Draft 7.30.14 (Ver. 1) Page 17 of 29 DI.A Page 73 of 170 17. Outside of the limits of the individual parking spaces (stalls) designated for vehicular on- street parking; 18. Within 30 feet of the nearest rail of a railroad crossing; 19. At any place where all official signs prohibit stopping; 20. Within traffic lanes that are less than 18 feet wide on arterial and collector roadways, as designated in the comprehensive transportation plan, except when authorized by sign; 21. Within median lanes in the traveled way; 22. Within roadway shoulders that are less than eight feet wide; 23. Within marked bicycle lanes; 24. Upon any street or public way for the principal purposes of displaying the vehicles for sale or for advertising services for vehicles; 25. Upon any street or public way for the purpose of doing any work on, maintaining or repairing any vehicle except for repairs necessitated by an emergency; 26. Within any street -side drainage ditch or drainage swale; 27. Where prohibited by signage; or 28. Adjacent to a traffic island. B. No person shall move a vehicle not owned by him into any such prohibited area or away from a curb such distance as is unlawful. C. If any person wishes a different parking restriction sign placement or a different time parameter for any parking restrictions under this section, said person may forward such request to the city engineer, the mayer,the Gity c^61^^O' puh'i^ Werk^ cAMMTttee --e� t#ctk, fu" ^11.7 r- 11.7 For review, the city engineer shall consult with community development and police. D. Violation - Penalty. Any person who violates this section has committed an infraction and, except for those subsections set forth in Table 270 -1, shall pay a fine of $30.00 within 15 days from the date of issuance of a notice of violation or of $40.00 if paid after the fifteenth day from issuance of the notice. Any person who violates any of the subsections listed in Table 270 -1 shall pay a fine as set forth in that table. I X17 M41015 Subsection If paid within If paid after 15 days 15th day 10.36.270(A)(1) $40.00 $50.00 10.36.270(A)(2) $40.00 $50.00 10.36.270(A)(3) $40.00 $50.00 10.36.270(A)(7) $50.00 $60.00 10.36.270(A)(8) $50.00 $60.00 10.36.270(A)(10) $40.00 $50.00 10.36.270(A)(16) $50.00 $60.00 10.36.270(A)(17) $50.00 $60.00 Draft 7.30.14 (Ver. 1) Page 18 of 29 DI.A Page 74 of 170 (Ord. 6275 § 2, 2010; Ord. 6247 § 9, 2009; Ord. 6211 § 6, 2008; Ord. 6129 § 4, 2007; Ord. 6082 § 17 2007; Ord. 5684 § 17 2002; Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.140.) 10.36.275 Prohibited parking of semitrailers and trailers. Repealed by Ord. 5492. (Ord. 5212 § 1 (Exh. F), 1999; Ord. 4607 § 2, 1993.) 10.36.276 Authority to impound. Repealed by Ord. 5492. (Ord. 5212 § 1 (Exh. F), 1999; Ord. 4607 § 2, 1993.) 10.36.277 Violation — Penalty. Repealed by Ord. 5492. (Ord. 5212 § 1 (Exh. F), 1999; Ord. 5110 § 2, 1998; Ord. 4607 § 27 1993.) 10.36.280 Prohibited parking areas — Generally. Repealed by Ord. 6082. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.130.) 10.36.290 Prohibited parking areas — Northeast Auburn. Repealed by Ord. 6082. (Ord. 5946 § 1, 2005; Ord. 5559 § 1, 2001; Ord. 5228 § 1, 1999; Ord. 5212 § 1 (Exh. F), 1999; Ord. 5017 § 27 1997; Ord. 4977 § 17 1997; Ord. 4468 § 17 1990; Ord. 4236 § 17 1987; Ord. 4144 § 27 1986; Ord. 4118 § 47 1986; Ord. 4098 § 17 1985; Ord. 4090 § 17 1985; Ord. 4013 §§ 17 27 1984; Ord. 3902 § 17 1983; Ord. 3854 § 17 1983; Ord. 3736 § 17 1982; Ord. 3508 §§ 17 27 1980; Ord. 3404 §§ 17 27 1979; Ord. 3332 § 27 1979; Ord. 2997 § 27 1976; Ord. 2891 § 17 1975; 1957 code § 9.22.131.) 10.36.300 Prohibited parking areas — Northwest Auburn. Repealed by Ord. 6082. (Ord. 5947 § 1, 2005; Ord. 5812 § 1, 2003; Ord. 5758 § 1, 2003; Ord. 5724 § 5, 2002; Ord. 5660 § 1, 2002; Ord. 5559 § 1, 2001. Ord. 5485 § 17 2000; Ord. 5212 § 1 (Exh. F) 1999; Ord. 5110 § 2 1998; Ord. 4977 § 1 1997; Ord. 4882 § 1, 1996; Ord. 4144 § 3, 1986; Ord. 4118 § 57 1986; Ord. 4098 § 27 1985; Ord. 4013 § 3, 1984; Ord. 3881 § 1 1983; Ord. 3841 § 1 1983; Ord. 3736 §§ 2 3 4 1982; Ord. 3362 § 17 1979; Ord. 2996 § 27 1976; 1957 code § 9.22.132.) 10.36.310 Prohibited parking areas — Southeast Auburn. Repealed by Ord. 6082. (Ord. 5830 § 2, 2004; Ord. 5748 § 1, 2003; Ord. 5710 § 1, 2002; Ord. 5559 § 17 2001; Ord. 5228 § 17 1999; Ord. 5212 § 1 (Exh. F), 1999; Ord. 5077 § 17 1998; Ord. 4977 § 17 1997; Ord. 4973 § 17 1997; Ord. 4942 § 17 1997; Ord. 4940 § 17 1997; Ord. 4801 § 17 1995; Ord. 4800 § 17 1995; Ord. 4622 § 27 1993; Ord. 4196 § 17 1987; Ord. 4167 § 17 1987; Ord. 4144 § 47 1986; Ord. 4095 § 17 1985; Ord. 4051 § 17 1985; Ord. 4013 § 67 1984; Ord. 3881 §§ 27 37 1983; Ord. 3359 § 17 1979; Ord. 3332 §§ 37 47 67 1979; Ord. 3011 § 17 1975; Ord. 2995 § 27 1976; 1957 code § 9.22.133.) Draft 7.30.14 (Ver. 1) Page 19 of 29 DI.A Page 75 of 170 10.36.320 Prohibited parking areas — Southwest Auburn. Repealed by Ord. 6082. (Ord. 5559 § 1, 2001; Ord. 5485 § 1, 2000; Ord. 5212 § 1 (Exh. F), 1999; Ord. 4977 § 17 1997; Ord. 3723 § 17 1982; Ord. 2994 § 27 1976; 1957 code § 9.22.134.) 10.36.330 No parking between 4:00 a.m. and 6:00 a.m. on Mondays and Wednesdays. Repealed by Ord. 6082. (Ord. 5396 § 1, 2000.) 10.36.340 No parking between 7:00 a.m. and 4:00 p.m. Repealed by Ord. 6082. (Ord. 5685 § 1, 2002; Ord. 5212 § 1 (Exh. F), 1999; Ord. 4497 § 17 1991; 1957 code § 9.22.150(b).) 10.36.343 No parking between 4:30 a.m. and 7:30 a.m. Repealed by Ord. 6082. (Ord. 5652 § 1, 2002.) 10.36.345 No parking between 8:00 p.m. and 6:00 a.m. Repealed by Ord. 6082. (Ord. 5212 § 1 (Exh. F), 1999; Ord. 4513 § 2, 1991.) 10.36.346 No parking between 9:00 a.m. and 4:00 p.m. Repealed by Ord. 6082. (Ord. 5917 § 1, 2005.) 10.36.347 No parking between 10:00 p.m. and 6:00 a.m.4 Repealed by Ord. 6082. (Ord. 5967 § 1, 2005.) 10.36.350 No parking areas — Identification. The city engineer may paint the curb adjoining all no parking and prohibited parking areas yellow or may post signs prohibiting parking on the curb adjoining no parking and prohibited parking areas in order to identify such restricted zones. It is unlawful for any other person to paint the curbs or post no parking signs in such restricted zones unless the person is given authority to do so by the city council. (Ord. 6247 § 10, 2009; Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.160.) 10.36.360 Violation — Penalty. Any vehicle parked in violation of ACC 10.36.190 through 10.36.520 may be impounded by the chief of police or designee, and the cost of such impounding shall be paid by the owner or operator of such vehicle before the same is released. Any motor vehicle owner or operator who violates any of the terms of ACC 10.36.250 through 10.36.350, except ACC 10.36.205 and 10.36.265, has committed an infraction and shall pay a fine of $30.00 within 15 days from the date of issuance of such notice, or in the sum of $40.00 if paid after the fifteenth day from the issuance of such notice. Fines shall be paid directly to the Auburn municipal court. (Ord. 6364 § 3, 2011; Ord. 6129 § 5, 2007; Ord. 5841 § 37 2004; Ord. 5768 § 27 2003; Ord. 5740 § 17 2003; Ord. 5724 § 67 4 Ord. 5967 added this section as ACC 10.36.346. It has been editorially renumbered to avoid duplication. Draft 7.30.14 (Ver. 1) Page 20 of 29 DI.A Page 76 of 170 2002; Ord. 5493 § 1, 2001; Ord. 5212 § 1 (Exh. F), 1999; Ord. 5110 § 2, 1998; Ord. 3012 § 1, 1975; 1957 code § 9.22.170.) IV. Restricted Parking Zones 10.36.370 Fifteen - minute parking zones. 10.36.380 One -hour parking zones. .v��n:�. _ _ .r_ errs: �: r_ �rnr� :��m��rr_�e�rst•�rr_��n:�. "WR _ 1 11 wi 1 1 \ . r • . _ I-, 1 . .. SIT72.r. . . . 11,111100, WWI will � ■ 1 1 . r • \ . r • 10.36.380 One -hour parking zones. Draft 7.30.14 (Ver. 1) Page 21 of 29 DI.A Page 77 of 170 • .. _ .. "WR . r liii • I Illiml wi 1 1 \ . r • . _ I-, � ■ 1 1 . r • \ . r • 1 . r 1 . r • \ . r • 1 \ . r 1 11 1 11 1 11 1 1 11 . r • 1 I 1 1 P, 111100 lip. "Immo . r • 1 I 1 1 I. SO . r • I Draft 7.30.14 (Ver. 1) Page 21 of 29 DI.A Page 77 of 170 4 i Hhi -m Way Cei nth ,westit side,, frem the s- u h ni -rhli.pe of East nni Mar rvtreet, ti- eRGe se therhi , rlic +,n,.o of 140 foo+ Reserved. (Ord. 6136 § 1, 2008; Ord. 5752 § 1, 2003; Ord. 5660 § 1, 2002; Ord. 5559 § 1, 2001; Ord. 5485 § 1, 2000; Ord. 5228 § 1, 1999. Ord. 5212 § 1 (Exh. F), 1999; Ord. 5017 § 2, 1997; Ord. 4977 § 1, 1997; Ord. 4858 § 1, 1996; Ord. 4603 § 17 1993; Ord. 4497 § 27 1991; Ord. 4236 § 27 1987; Ord. 4004 §§ 17 27 1984; Ord. 3984 §§ 17 37 1984; Ord. 3736 §§ 6, 7, 1982; Ord. 3508 § 3, 1980; Ord. 3352 §§ 47 57 1979; Ord. 3329 §27 1978; Ord. 3327 § 37 1978; Ord. 3205 § 1 1977; Ord. 3149 § 47 1976; Ord. 2999 § 27 1976; 1957 code § 9.22.190.) 10.36.390 Two -hour parking zones. \ 1 1 \ r I WN \ r • 1 \ r • -1140M."! WE 111111111. INIS oil 1 1 :. 1 1 ■ 1 1 1 1111,110.0111.1i 1 \ MISS Im \ 1 1 1 1 \ � r • I \ I \ r • \ .. ME i 4th C�o+ Wertheast RGFth Side h inning at �LoAc+ ni 1rhlirpo ref «En C� o+ rr-v cp�{'�- /v�pvrcrr��v rr�n�c -a vv �cc NI P;;.c;�ttt e- ° °c+ CF40 fl-Pt nnGRday the gh Friday, 0 a.m. te�0 4th - -Street Seutheas+ se nth side begiRRiRg at a PGiRt ` 2 feet I + of th`Lo�c+ �vucrr�c -A��. cater -vr caac margmRal limo of 4, phi MFR Way Se th o +honno Draft 7.30.14 (Ver. 1) Page 22 of 29 DI.A Page 78 of 170 • I 1 1 1 1 M No] I • I \ 1 11 01 2 ■ \ r • 110. WE -30-011121-0 W- -MR-Hat-Imm 11 \ r 1 I \ 2 r ERMIMMIC ME&MELVA � r • 1 1 • \ • \ 1 1 \ \ \ 11 1 1 11 1 1 \ r 1 11 1 • \ ■ r 1 11 ! 1 11 ■ ■ 1 11 Af • • 1 -- - R- - -• • • 0i ♦ 008 • 2001 • I • ♦ 1999; • • ♦ 999 • • I • ♦ • • r. 5212 • 4858 t ♦ 1996; • 4603 ♦ 1993; • • 4013 ♦ ♦ I 1984; • I • • • • 3359 ♦ 2, 1979- • 3332 ♦♦ 7, 8, 1979- • 3327 ♦ 2, 1978- • • • 3184 ♦ 1, 19�7- • 3149 ♦ 3, 1976; • 3139 ♦♦ 1, 2, l9i6; • 2998 10.36.395 Three -hour parking zones. Draft 7.30.14 (Ver. 1) Page 23 of 29 DI.A Page 79 of 170 111111111M. 011 r 1 \ 1 11 \ 1 r • \ ■ p \ , M-1 \ ■ \ \ � r • � \ � r • 1 1 \ \ \ the E_ _ _• • 00 10.36.400 Overtime parking — Report. It shall be the duty of the chief of police, or such other official of the city as may be delegated authority over standing violations of ACC 10.36.370, 10.36.380 and 10.36.390, to report the following: A. The number or location of the parking space in which the vehicle is or has been parking in violation of any provision of this chapter; B. The state license number of such vehicle; C. The time during which such vehicle is or has been parking in violation of any of the provisions of this chapter; D. Any other facts, the knowledge of which is necessary for a thorough understanding of the circumstances attending such violation. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.300.) 10.36.410 Overtime parking — Notice — Order to report to court. Each officer shall attach to such vehicle a notice to the owner or operator thereof that such vehicle has been parking in violation of the provisions of this chapter, and instructing the owner or operator to report to the municipal court of the city in regard to such violation. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.300.) 10.36.420 Overtime parking — Fines. Any person found to have committed a violation of ACC 10.36.370 through 10.36.430 shall pay a fine in the sum of $25.00 within 15 days from the date of the issuance of such notice, or in the sum of $35.00 if paid after the fifteenth day from the issuance of said notice, by paying the same directly with the Auburn municipal court. The monetary penalty provided for by this section may be forfeited, or a contested or mitigated hearing may be requested as authorized by law. (Ord. 5724 § 7, 2002; Ord. Draft 7.30.14 (Ver. 1) Page 24 of 29 DI.A Page 80 of 170 5212 § 1 (Exh. F), 1999; Ord. 5110 § 2, 1998; Ord. 4218 § 2, 1987; Ord. 3338 § 2, 1978; 1957 code § 9.22.300.) 10.36.430 Overtime parking — Failure to post bail or answer charge — Penalty. Any person who neglects to answer to the charges set forth in such notice or to post bail therefor as provided in ACC 10.36.420 is guilty of a violation of this chapter regardless of the charges for which the notice was originally issued, and shall upon conviction thereof be fined $30.00. (Ord. 5724 § 8, 2002; Ord. 5212 § 1 (Exh. F), 1999; Ord. 5110 § 27 1998; 1957 code § 9.22.300.) V. Contractor and Service Parking 10.36.440 Permission application required. Whenever it becomes necessary to utilize restricted nonmetered parking space or spaces for the parking of vehicles or other wheeled equipment required and necessary to facilitate the construction, reconstruction and /or repair of improvements or property abutting and adjacent to a restricted nonmetered parking zone, the prime contractor must first file written application therefor, with the building official, as provided in ACC 10.36.450. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.215.) 10.36.450 Permit — Requirements. The application /permit for such extended parking permit shall be made to the building official on a form provided by the person designated by the mayor to process the extended parking permit, which application /permit shall contain the name and address of the applicant, a statement as to the business in which engaged, and a description of the applicant's equipment or vehicles that will utilize the parking space or spaces required, along with the term of the permit. The form provided shall be in triplicate. The approved applicant's copy shall be posted by the applicant on the premises in plain view for enforcement personnel to inspect. The second copy shall be transmitted by the building official to the finance director for enforcement. The third copy shall be kept on file with the building official until such time as the application /permit has expired or notice has been received that the permit is no longer required. The application /permit can specify only the space abutting and adjacent to the property being improved, repaired and /or serviced. Any extension of time beyond a permit in effect requires a new permit. No fee shall be charged. (Ord. 5897 § 20, 2005; Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.216.) 10.36.460 Space barricading. A valid permit does not guarantee the applicant parking unless the applicant maintains the placement of suitable barricades as recommended and approved by the chief building official. The space or spaces covered by a permit are not to be barricaded on days and hours when work is not in progress. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.217.) 10.36.470 Violation — Penalty. Draft 7.30.14 (Ver. 1) Page 25 of 29 DI.A Page 81 of 170 Any permittee who is in violation of ACC 10.36.440 through 10.36.460 has committed an infraction and as such is subject to a fine of $30.00. (Ord. 5724 § 9, 2002; Ord. 5212 § 1 (Exh. F), 1999; Ord. 5110 § 27 1998; 1957 code § 9.22.218.) VI. Loading Zones 10.36.480 Traffic identification. The city traffic engineer shall paint the curbs adjoining all commercial and passenger loading zones white in order to identify such loading zones; provided however, the city traffic engineer shall have the authority to designate such loading zones by signs alone in the central business district. The city traffic engineer shall also be authorized to designate bus loading zones by marking the curbs alternately with five feet of yellow and five feet of red for the length of the zone, starting and ending with yellow; and further, the bus loading zones shall be additionally designated by posted signs designating the area as a bus loading zone and further designated by a sign which shall read "No Parking Any Time." (Ord. 5212 § 1 (Exh. F), 1999; Ord. 4821 § 27 1996; Ord. 2759 § 17 1973; 1957 code § 9.22.250.) 10.36.490 Commercial loading zones designated. fer a p ri to exr -eed Qn Reserved. (Ord. 6154 § 1, 2008; Ord. 6114 § 1, 2007; Ord. 5902 § 17 2005; Ord. 5212 § 1 (Exh. F), 1999; Ord. 4821 § 27 1996; Ord. 4616 § 27 1993; Ord. 3865 § 17 1983; Ord. 3190 § 17 1977; Ord. 3149 § 27 1976; Ord. 2851 § 27 1974; Ord. 2850 § 27 1974; 1957 code § 9.22.260(a).) Draft 7.30.14 (Ver. 1) Page 26 of 29 DI.A Page 82 of 170 ■ C MM .. W-1 I MI. MWARFM _ \ I . 1 I � r • . 1l . 1 I r • IMMUM 1 \ r • LLLL LULM ME= JL�LL1JMLUW.- fer a p ri to exr -eed Qn Reserved. (Ord. 6154 § 1, 2008; Ord. 6114 § 1, 2007; Ord. 5902 § 17 2005; Ord. 5212 § 1 (Exh. F), 1999; Ord. 4821 § 27 1996; Ord. 4616 § 27 1993; Ord. 3865 § 17 1983; Ord. 3190 § 17 1977; Ord. 3149 § 27 1976; Ord. 2851 § 27 1974; Ord. 2850 § 27 1974; 1957 code § 9.22.260(a).) Draft 7.30.14 (Ver. 1) Page 26 of 29 DI.A Page 82 of 170 1983; Ord. 3840 § 1, 1983; Ord. 3428 §§ 1, 2, 1979; Ord. 3181 § 1, 1977; Ord. 3168 § 1, 1977; Ord. 3110 § 1, 1976; Ord. 3025 § 1, 1975; 1957 code § 9.22.260(b).) 10.36.510 Short -term loading zones. Repealed by Ord. 4821. (Ord. 5212 § 3082 § 1, 1976; Ord. 2768 § 1, 1973; 1957 10.36.515 School bus loading zones. 1 (Exh. F), 1999; Ord. 3805 § 1, 1982; Ord. code § 9.22.260(c).) p.m. to 4i15 p.m Reserved. (Ord. 6208 § 2, 2008; Ord. 6136 § 4, 2008; Ord. 5212 § 1 (Exh. F), 1999; Ord. 4482 § 27 1991; Ord. 3984 § 57 1984; Ord. 3835 § 17 1982; Ord 3805 § 27 1982; Ord. 3327 § 47 1978; Ord. 3166 § 17 1977.) 10.36.520 Parking in loading zones. It is unlawful to stand, park or angle park any vehicle in any place established as a loading zone as designated in ACC 10.36.480 through 10.36.510 except for the purpose of, and only for such period of time as necessary for, expeditious loading or unloading of such commercial or passenger vehicle. In no case shall the stop for loading or unloading of articles or materials or passengers exceed 15 minutes in time. The provisions of this article shall not be applicable between the hours of 6:00 p.m. and 6:00 a.m. or on Sundays and holidays. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.260.) 10.36.530 Violation — Penalty. Any person who leaves or parks a vehicle in a loading zone in violation of ACC 10.36.480 through 10.36.520 has committed an infraction and as such shall be subject to a parking violation fine of $30.00. (Ord. 5724 § 10, 2002; Ord. 5212 § 1 (Exh. F), 1999; Ord. 5110 § 27 1998; 1957 code § 9.22.270.) Mlayme FTi�[ 1i1� 10.36.540 Evidence of violation. In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of a law or regulation shall constitute prima facie evidence that the registered owner of the vehicle was the person who parked the vehicle where and at the time such violation occurred. (Ord. 6411 § 1, 2012; Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.100.) Draft 7.30.14 (Ver. 1) Page 28 of 29 DI.A Page 84 of 170 ■ ■ . r . • p.m. to 4i15 p.m Reserved. (Ord. 6208 § 2, 2008; Ord. 6136 § 4, 2008; Ord. 5212 § 1 (Exh. F), 1999; Ord. 4482 § 27 1991; Ord. 3984 § 57 1984; Ord. 3835 § 17 1982; Ord 3805 § 27 1982; Ord. 3327 § 47 1978; Ord. 3166 § 17 1977.) 10.36.520 Parking in loading zones. It is unlawful to stand, park or angle park any vehicle in any place established as a loading zone as designated in ACC 10.36.480 through 10.36.510 except for the purpose of, and only for such period of time as necessary for, expeditious loading or unloading of such commercial or passenger vehicle. In no case shall the stop for loading or unloading of articles or materials or passengers exceed 15 minutes in time. The provisions of this article shall not be applicable between the hours of 6:00 p.m. and 6:00 a.m. or on Sundays and holidays. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.260.) 10.36.530 Violation — Penalty. Any person who leaves or parks a vehicle in a loading zone in violation of ACC 10.36.480 through 10.36.520 has committed an infraction and as such shall be subject to a parking violation fine of $30.00. (Ord. 5724 § 10, 2002; Ord. 5212 § 1 (Exh. F), 1999; Ord. 5110 § 27 1998; 1957 code § 9.22.270.) Mlayme FTi�[ 1i1� 10.36.540 Evidence of violation. In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of a law or regulation shall constitute prima facie evidence that the registered owner of the vehicle was the person who parked the vehicle where and at the time such violation occurred. (Ord. 6411 § 1, 2012; Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.100.) Draft 7.30.14 (Ver. 1) Page 28 of 29 DI.A Page 84 of 170 10.36.550 Penalty. Except as otherwise provided in this chapter, violation of the provisions of this chapter is an infraction, subject to penalties in accordance with ACC 1.25.050. (Ord. 5683 § 26, 2002; Ord. 5212 § 1 (Exh. F), 1999; Ord. 3013 § 1, 1975; 1957 code § 9.22.310.) Draft 7.30.14 (Ver. 1) Page 29 of 29 DI.A Page 85 of 170 'Alu,BURN VVA,S p � I N G "i'( AGENDA BILL APPROVAL FORM Administrative Recommendation: Background Summary: See attached memo. Reviewed by Council Committees: Councilmember: Osborne Meeting Date: September 15, 2014 Date: September 10, 2014 Budget Impact: $0 Staff: Fenhaus Item Number: DI.B DI.B AUBURN * MORE THAN YOU IMAGINED Page 86 of 170 CITY Of � Memorandum Engineering Division 'Atj'BURN 'vh?NSH1NGTON To: Council Members Nancy Backus, Mayor From: Susan Fenhaus, Acting Utilities Engineer Cc: Kevin Snyder, Director of Community Development and Public Works Ingrid Gaub, Assistant Director of Engineering /City Engineer Date: September 9, 2014 Re: Tacoma Water Agreement Introduction In 2012 the City signed an agreement with Tacoma Water for wholesale water service up to1.0 million gallons per day (MGD) average annual daily water use. This agreement is attached as Exhibit A. Currently the City is taking this quantity of water from the B Street NW Intertie. In 2013 the City signed an agreement with Cascade Water Alliance (CWA) to purchase 2.5 MGD of Tacoma water. This would be accomplished by paying CWA the system development charges CWA previously paid to Tacoma. Tacoma approved the agreement between Auburn and CWA. This agreement is attached as Exhibit B. The proposed agreement combines both existing agreements into one for a total of 3.5 MGD wholesale water service. A draft of this agreement is attached as Exhibit C. Following execution of this new agreement, the City will negotiate a wholesale market rate price for water for up to a 20 year period. The new rate will be presented at a later meeting as an addendum to this new agreement. DI.B - Page 87 of 170 WHOLESALE WATER AGREEMENT BETWEEN TACOMA WATER CITY OF AUBURN This wholesale water agreement ( "Agreement ") is made by and between the City of Tacoma, Department of Public Utilities, Water Division d/b/a Tacoma Water, a municipal corporation (hereafter "Tacoma"), and the City of Auburn, a municipal corporation (hereafter "Auburn") pursuant to Tacoma Municipal Code 12.10,400 E. Tacoma and Auburn collectively shall be referred to as the "Parties" or either Tacoma or Auburn may be referred to as "Party" when appropriate. A. RECITALS: WHEREAS, Tacoma has evaluated its wholesale projections in its demand forecast and has determined that adequate water resources are available to serve those projected demands; and WHEREAS, the Parties are responsible for operating and maintaining their respective water systems in accordance with federal, state and local laws and regulations; and WHEREAS, the Parties further recognize that water resources are finite and valuable and the prudent use and management of these resources requires cooperation among water utilities; and WHEREAS, Auburn has requested and Tacoma has agreed to provide a wholesale water supply to Auburn, and Tacoma is able and willing to provide the requested quantity of water on the terms and conditions as herein provided, now therefore; For and in consideration of the mutual covenants, conditions and payments, to be made as set forth herein, the Parties hereto agree as follows: B. DEFINITIONS: The meaning of certain words or terms, when used in this Agreement, is as follows: "Wholesale Service Connection" means a physical connection between water mains of the two Parties to, this Agreement, at a specifically identified point or points, where water may be transferred from one Party's system to the transmission or distribution facilities of the other Patty. DI.B Page 1 of 8 Page 88 of 170 2. "Isolation Valve" means a positive shut off valve that shall be installed at the location in each water system that is used to accept or deliver water through the Wholesale Service Connection. Each Party has sole responsibility for operating their Isolation Valve. 3. "Wholesale Service Connection Capacity" means the maximum flow capacity for water to be delivered through a Wholesale Service Connection as agreed upon by the Parties to this Agreement. Wholesale service connection facilities shall be designed so as to be capable of conveying no less than the agreed upon Wholesale Service Connection Capacity. 4. "Tacoma Municipal Code (TMC") means the City of Tacoma's municipal code. "Emergency" means an unforeseen event that causes damage or disrupts normal operations and requires immediate action to protect public health and safety including exclusively when water system repairs are necessary due to a water system failure or when there is a water supply shortfall. 6. "Wholesale Water Service" means water provided by Tacorna pursuant to TMC 12.10.400 F to community water systems that are in compliance with Washington State Department of Health regulations and who adopt a water conservation program substantially equivalent to Tacoma's program and agree to abide by Tacoma's Water Shortage Response Plan as a condition of service. C. CONDITIONS: The responsibilities of the parties to this contract are .set forth below: General. Tacoma agrees to furnish the Wholesale Service Connection Capacity to Auburn of a quality that will satisfy all requirements of the Federal Safe Drinking Water Act as amended, and shall be in accordance with the terms and conditions of this Agreement. 2. Wholesale Water Rates. Tacoma will supply Auburn with water at the Wholesale Water Service rate as identified in'TMC Section 12.10.400, and the parties will be bound by the City of Tacoma Water Regulations-Rates as found in Chapter 12.10 TMC. Invoices will include a monthly ready to serve charge based on meter size and consumption charges, based on water used. These water rates (and regulations) are periodically adjusted and shall be applicable as set forth in the rate schedule as adopted by the Public Utility Board and Tacoma City Council. The water supplied to Auburn must be used on a year-around basis where the average summer day use divided by the average winter day use results in a surnmer/winter ratio of 2.5 or less, as set forth in TMC 12.10.400. DI.B Page 89 of 170 Page 2 of 8 Billing. Tacoma shall utilize regular meter reads secured from SCADA signals that Auburn shall deliver, to the Tacoma Water Control Center to calculate a statement of charges for water service. In the event SCADA signals are unavailable, monthly manual reads will be used in lieu until such time that SCADA signals are restored. Tacoma shall strive to provide the statement of charges on a monthly basis, and payment shall be due to Tacoma pursuant to TNIC 12.10.060. In accordance with TMC 12.01.030, no late charges shall be applied if payment of the balance due is received within 24 days of the date on the initial billing. 4. System Development ChAr&e. Upon Auburn's payment of the full charge or the initial time installment payment to Tacoma for Tacoma's System Development Charge (SDC) of $5,196,600.00, Tacoma will commit and agrees to supply to Auburn Wholesale Water Service. Auburn agrees to pay the full balance of the SDC Charge within thirty (30) days of execution of this agreement. At its option, Auburn may pay at least 20 percent (20%) of the SDC amount within thirty (30) days of execution of this agreement, and then shall pay the SDC balance with interest over up to ten years as authorized by the Tacoma Municipal Code, as further set forth below. If paying in installments, Auburn agrees to pay the SDC balance in ten annual installments commencing on the first annual anniversary date of this agreement. In addition to the annual SDC installment, Auburn shall also pay interest, calculated on a monthly basis (the first day of every month) on the outstanding principal SDC balance amount at "prime" minus 2% interest rate, as reported by the Wall Street Journal ten days before the date that the monthly interest calculation is made. The interest amount paid by Auburn shall be paid to Tacoma along with the annual installment payment. Provided however, Auburn may prepay (without penalty) a portion or all of the outstanding SDC amount, in which case the accrued interest to date of such prepayment shall also be paid to Tacoma. 5. Water Rights. Tacoma certifies that it holds sufficient water rights to provide the quantities of Wholesale Water Service requirement by the Agreement to Auburn for the duration of the term of this Agreement as described in section 16, 6. Ouantitv of Wholesale Water Service. Tacoma will make available, and upon Auburn's request, supply Wholesale Water Service to Auburn in the quantity of up to 1,000,000 gallons per day (gpd) of water for average day use, up to 1,800,000 gpd for peak day use and up to 1,620,000 gpd for four-day peak use. Tacoma further agrees to supply at Auburn's Option to exercise no later than December 31, 2015, an additional quantity of 1,000,000 gallons per day (gpd) of water for average day use, 1,800,000 gpd for peak day use and 1,620,000 gpd for four-day peak use, under the same terms and SDC rates of this agreement. DIB Page 90 of 170 Page 3 of 3 7. Reliability . The Parties agree that Tacoma will supply Wholesale Water Service pursuant to this Agreement with the same degree of reliability and surety of supply as water provided by Tacoma to its existing customers and as allowed under TMC 12.10.150. In non-emergency situations Tacoma will provide 30 days notice to Auburn before temporarily requiring the changing, reducing, limiting or discontinuance of the use of water. Additional Water. Auburn may purchase water for Emergency purposes in excess of the amount set forth in paragraph 6 above on a short term basis from Tacoma if in Tacoma's sole discretion sufficient surplus water is available. Auburn shall be entitled to purchase such water in accordance with the terms of this Agreement at the then current wholesale rate, and the applicable sections of Chapter 12:, Tacoma Municipal Code. 9. Connections. The Wholesale Service Connections described in Exhibit "A" shall be governed by the terms of this Agreement. No future Wholesale Service Connections shall be permissible: without subsequent and separate written agreement between the Patties, which agreement may supplement this Agreement, Neither Party shall be obligated to agree to or execute any agreement or permit with the other Party to construct additional water Wholesale Service Connection(s),, 10. Capital and Maintenance Costs. Auburn agrees that Tacoma Water owns the Isolation Valve directly off of the Tacoma Water system, piping from the Tacoma Water Isolation Valve to the meter, the meter vault and the meter, meter isolation valve, and certain telemetry equipment. Maintenance and operation costs for this equipment are Tacoma Water's responsibility, Any capital costs related to this equipment, including upgrades or replacement and renewal are Tacoma's responsibility, Tacoma agrees that Auburn owns, the piping and other appurtenances, including certain telemetry components, downstream of the Tacoma Water Meter Vault. Maintenance and operation costs and any capital costs related to upgrades or replacements of this equipment are Auburn's responsibility. Exhibit "B" identifies the location of the two interties, and illustrates the responsible Party for physical infrastructure components (except telemetry components). IL Transferabitily. The rights and obligations of this Agreement are transferable, to heirs, successors and assignees of the Parties. 12, Resale. Wholesale water provided under this Agreement by Tacoma to Auburn may be resold by Auburn to another water purveyor. 13. Conservation. As a requirement of providing Wholesale Water Service to Auburn under this agreement and pursuant to Chapter 12.10 TMC Auburn shall implement a water conservation program substantially equivalent to Tacoma's program and shall abide by Tacoma's Water Shortage Response Plan ("Plan") as DIB Page 4 of 8 Page 91 of 170 provided under TMC 12.10.150. If requested Tacoma will invite Auburn to participate in the planning and implementation process for conservation programs as they are developed and will share available conservation resources where beneficial to both Parties. The Parties agree to meet every two years to review and evaluate operational experience with regards to water use and conservation, 14. Mutual Aid. Tacoma and Auburn agree to provide water service related mutual aid, to the extent possible, during times of extraordinary need and emergency operations experienced by either Party. 15, Indemnification, Neither Party shall be monetarily liable to the other Party or its respective customers for failure to supply and deliver water to the other at any time or for any reason. The Parties shall indemnify and hold each other harmless from any and all third party claims, lawsuits, or proceedings in arbitration resulting from any failure of either Party to supply and deliver water in accordance with the terms and conditions of this Agreement. However, each Party shall have the right to have this Agreement specifically enforced in equity. 16. Term. This Agreement shall remain in effect so tong as Tacoma remains in the business of providing water, or its successors in interest to its water system remain in the business of providing water, and so long as Auburn meets the terms and conditions of this Agreement. 17. Dispute Resolution. In the event of a disagreement over any aspect of this Agreement, except as herein further provided, it is agreed that any dispute shall be submitted to binding arbitration pursuant to Chapter 7.04 RCW, The Pal ties shall agree upon who will arbitrate the dispute, and upon failure to reach agreement within a reasonable period of time, the presiding judge of the Pierce County Superior Court may be asked to appoint an arbitrator from one of the recognized dispute resolution services. The Party that substantially prevails in the arbitration proceeding shall be awarded its reasonable attorney fees and costs. If neither Party substantially prevails in the arbitration proceeding, the Parties shall each bear their respective costs and divide the mutual costs associated with the arbitration equally. 18. Notice. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following addresses: If to Tacoma: Water Superintendent PO Box 11007 Tacoma, WA 9,8411 Phone: (253) 502-8245 If to Auburn: Public Works Director I East Main Street Auburn, WA 98001 Phone: (253) 804-5062 DLB Page 5 of 8 Page 92 of 170 Fax: (253) 502-8694 Fax: (253),931-3053 Operational communication protocols shall be fully described in the jointly developed Operational Protocols required under item 22 below, 19. Invalidity. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. The parties shall agree that if any provisions are voided by a court or otherwise deemed not enforceable, the parties shall negotiate in good faith to develop replacement provisions that are as close as possible to the intent of the parties expressed in the invalid provisions. 20�. Counterparts. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. 21. Authority to Bind. Each of the Parties to this Agreement certifies that the person signing this Agreement has authority to bind the respective governing bodies to all of the terms and conditions of the Agreement herein. 22. Operational Coordination. Water supply directly off the Tacoma Water transmission system affects flow, pressure, and treatment, and diurnal consistency of demand is critical, The two Parties agree to jointly develop and maintain Operating Protocols for items including the scheduling of water demand to assure consistent flow control and treatment, routine operational communication, emergency shutdown, emergency contacts, and other items the Parties determine appropriate. 23. This agreement replaces the EMERGENCY AGREEMENT BETWEEN CITY OF TACOMA AND CITY OF AUBURN dated October 18, 2010. +� Dated this (a,> J' ,, " " day of 2012. City of Tacoma: City of Aul� a'Ki-" Department of Public Utilities W,( eir Division I�ffi)da A. McCrea Water Superintendent WHOLESALE SERVICE CONNECTIONS SPECIFICATIONS Intertie Location Connection Meter Static Elevation (ft) Operating, Pressure Flow Flow (psi) Capacity Capacity (gpm) (mgd) To/From To/From Size Size Tacoma Auburn Tacoma Auburn Utility Utility Tacoma Water 12" 6" 894 253 309 80 2,200 3.2 Pipeline 5 at 3200 (NGVD2 (NAVD "B" St. NW 9) 88) Auburn, WA .(STA 765+05) Tacoma Water 12" 8" 894 579 173 80 4,500 6.5 Pipeline 5 at 29600 (NGVD2 (NAVD 132"d Ave SE, 9) 88) (PRV 2,200) (PRV 3.2) Kent, WA (STA 933+00) Note: For connection specific elevations remember the NGVD29 (Tacoma) Datum is 3.47 feet higher than the NAVD88 (Auburn) Datum. CD C-0 -P-1 Page ?,of 8 0 KHIBIT "B" 0 v cQ CD cn 0 h �! AUBURN TELEMETRY PEDESTAL AVBi3RN PRV TACOMA TELEMETRY -- _ _ .PEDESTAL c AU ®URN RESPONSIBILITY }-- TAOMA R €QiS e ` Ln TACOMA fJ/ m j ISOLATION YAILE PIPELINE #5 TACOMA METER VAULT FOR A,BDRN 1NTERTIE i STA 765+05 3200 B ST NW, AUBURN, WA SCALE. NJ. S. STA 933+00 29600 132nd AVE. SE, KENT, WA SCALE: N_T.S. EXHIBIT �- AUBURN - �T 1'kV AUBURN W'.s SHELTER :n W -` _ Ir Al1BURN PI TELEMETRY PEDESTAL n- TACOMA t7 T €LEMETRY PEDESTAL z _ EXis TIiVG �_ rJ) ° Je URN RESPONSIBILITY N WD TtI a _ TACOSkA RES ONS181UTY rq IMTERiPE TACOMA ISOLATION VALVE PIPELINE #B TACOMA. METER VAULT FOR �.�..�. I AU ®URN 1NTERT €E !— TACOMA METER I VAULT FOR WD+119 INTERTIE STA 933+00 29600 132nd AVE. SE, KENT, WA SCALE: N_T.S. EXHIBIT I&REENIENT FOICHIE NNCIIAS' FAND SAIT OF CREDFUS 14WITINT; 11) WATFI� SITPLY CAPACITI, 'I I' IC Y, I 'N � 6 !od',, DjQ [nmid M"ven the (ly I Aubvm, Mshngum 106§6VI, und 0"We Warm /\Hknwv. Qdm uiWcr CAper 31106 R( AV f"(1m0el, I W Cl I ind Qsc,,;rhJe' arc solm:0r I Uc!, ;v[crrcd u'u MOM& as thu "Ardy" and hubvidually as a %01," WWRIKS, hi 200, hi cmdei k) rncct Cavvd& Smahsc and hmgnmi "m sqyA.% nc-":ck C,a-�ca dc fron'1 k,dcoifl l ',1 "Upp y (d %vawr b4i pernum,w,nl] ,m d period of w l ,Uvumv 10 W1 "A gremcn; A die Saic I ClUdemde vkacw'� WHITFAS, (m lichruary—A 3014 (Scadu mmd Che Oks 413omp Qkc. Buckley, summ� „rand Auburn ewered lh(: 2,10k) Lakc'kIpps Area Walcr Rvsomus /Ygmenino lhat umcm whvr ho 10 wlsJm flw hmr Jti��S in WI I I Q I ” A, S, am Mumber 31. 2012, (SLadc m I lhc)Ina Alnendcd m°mnd A St a kul Aume I I VC� I', 6Q� 0W SZI I C 0 c aimong whcr ddigs. W"I amns h) make availdle m the Raw AS as "n, suM'fly lo he pwvlml dkmdy f6mi Wconia as a Mulsde uhc, I �yw;jejyh Dc,,,"Ll(qimvn; (%Tgs dmi (scade had jwc; Wnly QJ h) I acon m: I I WRLAS. Cuscack and "I ovoum sem as Quen Tacd Khmar, 11. 2011. b, WRm Auhurn ol, 84 Supjnl;K, Xld 1"InwAms Aq My, on &., WHIMPAS, AuNwn Onxt, ;qqwov& dgnoL ;md ddhiTed Me (Winmobi Nhmi•, al a4. k1n, 21, 2011, io conkin Auhunfs ASon Mw suhadwe supNy (Tpmemil wand is ;[ Chory ( j"M Amn ( Wcude ub io ihc 4 NV d) A I WMAS, the WWI I olm ;ind QmMmulon NoUcc ar,,,,, ;ct Gr h UU 'l lh:r'Vmo ind mAs inctulmno•d [��y ruC rcncc W % Agmvmvm: NOW I I I I RIIJURE IN MNS'IN�]�"N'HON 1-"!kl fls stxcd \vl,6ch u-c aUllrl IhC nIILOAArtlq alld coibWns hcrein "vainvd. HK: Nolosapyou us lJolm DLB Page 96 of 170 AGREEMENT "-41,11,11�IN,,,l �p,l�:��,,,�Nu,�NN,, ,�;N:yl,^t"""" N,.',...�.!.�IL,�.,-"L"l�li�' "yw'� mcansan SZlpp y I'ron) I vN �011 1: wor 1 33, and a maJrnurn pc rk 4A vv o�' 5,32 %,1( HE A as IwomAd in We Anwaded mul AwS NgXCCMCnL �VffCIOI-li-cn-.(" awans the -Amcncllcd and �hc Sale of �Vsww" by and auh, Made and the (Ty ol-I iummm, Depimnivni of 1. "a11flic t lWitics, dMed MaNnher 31, 2011 nwun the dcrc(MICHL CUM Nly; 2 , '?() :", hi vvhich Auhurn hWirnwd ils clociaon (d, thc smb,"fiWic SVlppty Gn kfflfl hnem of ( IascaJc",s ohill ip, iiun M OW FOUl' Ci6CS Atd-lurril"s (UHUCHM.1 in INIM A)" �� 1' R, L�!'O� � IIN �' ��\ I L I", ��, � , , mcans lhk.� "201 () kakelipps AN' v�G 4 4i1 vini. Ronney Kilve. lluckkv and Sumner, and %V,,�Cr Fc'brua,r�v "', 2010. IVRO" Inemls niiHion p""r (:Ll�v, -Joiw V ,cnc�, ym„;Ovs lemvr, dad"! I chruary 11. 2013. himi Owcade md TOU"m lo Cni�,S of jlboruw) Fhwk0y and Sunnor dru is V,ot�:aOwd iw ,Ao in hy QW001 10 ] R�OMJ J� IhC rcqucs� Ow allmum I'd the S)'�Lstcm Avvlopnon Chmjc (Tedd tkanq to be apphvd to Me SysWin lA:vvlqmncn; (Urp odimmOsic, 4Iuc mil"d J�myahk N-v Auhuriu lo I acoma in comeckmi wRh as nkludesalc maer gupply Ygymmil, -SDW ffi➢ d"evi'doprnent impos�-d oymcm I hwwkTpvmj Lhgge Qplf nwi➢ a credit lo hv aplivd in a "Mode "awr 'aq'qflmv ayndw.,� di�: S.vStcm DcveNqmicnl (Awrle mhenSe due mul payablc h,, Allhm'n t o Lwonw I he Mcm DuvChImmin QuTv Ovdil is vxMvwwd W miHAn gal"N Im day IMM) unds and in AM, H12 Ull''I acorna., "'d, Pubhc t �idnies� VvrOer Division. QC DLB Page 97 of 170 This t'au1.a 4 Allect on the fiu •;.n date t.lmt. boo, ➢`buua'tics have rlgdy arTwoved., ��nna: "'d«l. and delivered tl''ne gr°e°e:urnwrti tra the MCI' l�,:rdy, The tav°n°r n tl.ml'r. 'n�. � aP,a ",,,� gtn'a °'a'qt "Ol n.. ad, "pVfllu"n'ue,.tmC d.n'rn Ilte" r,;'ltle''0.."6 e." a.lai),e arid '"All cV'rd &Ma,'n We"r' #'tber "31w 2029' or t.lw J. a e that J%t,V'1"`uur n has fiffl'y px.uual t:'h.uSc adc low, the tirt°tl'w Sy� :;tcnl l.�e° a ":� ➢.rlwunua °tnt �` °laauwp;� t;:"ue °a.liq M.'tlwdN"~ iSta^Ntt With N � we k"'tl'N:V' s and .:,p dBp' t, ds Af"'wn'N']e~m. , I 1"urc'hau.sc 4 'pt D Systein Develd'rprirlerid lull -ge Credit & I'ricc. Aatba. rn ua ?'r•e,a,,u lo and t `;dscr alc a,ugr•cc"s to a,,ell au'~ ysl.erru l tr "�,.wlarl:mrr'nn:ddl t;..'Yn;rup.,e' ( k.;'e.lit is fp "a.arainrul,°., hC 4 NI( .e'l,) INludnlcKale 'Va.ata"r" Supply un' the °,pm.u:rrNti y of 15 NU AD annual sadp('Qv a upr wits ( x.32 I(W ) peak saaplAV vWa.alwhy ). In waonp 'Ne:lcratk1!DI pmhq' said Sy stern P Ant hpp "un"kw'R11p„ t..har'gu,."'1. 1 p, Ilo q�e °e uI„ �u..l,u.gq ""N'r "tip u l I .a' ('a s cz, d c a;ft to't,w;u,l P°nricc 4,yfS 7 .i`'r4,'t 3 Vlt',I.ttt,N wJ!' r :Jf jI Ye." tlaN,t alua:li ppV11Vti ;A�, I•D"e;"V. 111e "NNfl 'r.atll "u,a.S e,l,.p,. +;. °N,:n', P � "9 v.' 'q.nld'a`"s Sd�Rli�e.�e. t,l nx, n. I, �.� �� M ' � �tl.l rat of..., �" .. °• ` I' "on „qr "d'p � ", "nn1 ,8 �' IN'. " ➢t,a''Ia. ",t', a,r,t uCp " ➢ar,N "ir "VGgA' �,,..`.'� "'�u 4kn'9 t8'n�w" 1 ; in ,Wr 0 7 a.k,I"d tl:;tlbnnl'.tl4'gl.VflG"VK" d,fll'l61 I,P "w �' "Yq$,Iwlak,q"➢ce is �'W.r1 (; "tli.lid ';all' "e ,.1 per "�.gn'tr'nN ➢''pw. Atu nrn°t'n 's°fll pj t1Na: tolaal price by mnna kiting an annual pra:a,wr ie nt irr :: "t'p l X2029 a:ue'e°aru"a.PgnT tdu the adt'V'gNau;al ('"na:u;n om.°a'tlt Ae l'nc."d.lurle:: m'a; "t 'tl`d.rHh in Se:°a:;lion, 4 @ma:apam% "I his schedule incorporates iN'nt +wucsw at aN nMuce OC 0c, 0 on the 'iqn 201 7, tL �11621 I.l" ➢i CI]CdIO 1111C tIOU:wl Ot a.c'nwr'uwu,ul (7,r 'NrC nCa, 0 806,()O 4. Annual Pa'°n a "u"uaaaat Schedule. AUK Inn "'viH q'nnwal,u ;, ➢nn'ln,la,:al q,un.S[L lanne nI pe,'N'!,`G,'V'N "VnI,'6+ k,: t„'a`^.adt'Jc w (','o"d fi• r dl"e +dstla.nV Deva:'°8tlrlul'nnM;r;nt n. l'n;NNol.a° Credit as to thew 4 N1( H) N'"'W'lr de•rnanle Wer flue'° R ll «uvviuq. p "rare anta: °.N "Nf u�.a:l'na:e9aNle °„ — I 2019 DLB ,wee "urd.rr.an'at. 1) MOM $93,1,805 8l l5 I `iyaY1p105 W M5 Page 98 of 170 1 1, 202 d ..w Ii,'p w r 1Y 9 3 .,gyp.A t, N.5 1 � V arww,wl `Iv d 4 ➢„ I tl,p" .I�xICMp`r F:w. 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Dl.B Page 113 of 170 AGRI"'FAIVAT, EUR TUE IMRC,HASI'., z0l) S. kl F, OF (At.,A)ITS REWAING 11) FINITE MUMESAIll WAIIA SUPPLNJAPAICITV I HN AGRYAWN F ("llglymem"i is numle wid enwn�,d into as A,this h,:, OC 3 11. i,", �', :1, Od 1W I W Q V n I h C ( 1 A U h U n L W S I t o c Vv, a t v r A � i i c U. a t t rl �� t, I I c i J,!s u t S�� r c �,� s ;,t s undcr Chapter 106 RON Tl 'i 01 M I d M a d CWV S(Wn Oj n WS IV RITS I cAleedvely as und hultvichudl) as s, Qmy" Hit 1 , M NATRAS. in ART in OR& to inec, (AwadA An"w0we and kwigiermi "wWr mqTbi We& (190dC % ")MVIMSC,d h-(,)M l',UCOMLI 'A SUllply of wa cr hwh tl,ora:t ht"Jic pc,riod ol purslxm9 to cm A�!rccnlew fiw Ole SnIc ol, \V] H , :,,n Ab1"uaQ-5, 2010. Qwcadc ink! Me C AM c011onney We, il"Alcy, Sunur"r ;md Au ,)Illlll dic 2010 Lake "Oplis Arca Watcr ASULOWS Agrccium (d4 ," Mqp� I O L! 0rj I a 'tl ,I iSt dk' in nwciilq.P, iVlcu, proicct, d 510%,,ear vvaler supjfl "'A ITRLklll'uS'll OH 1 3' %, 2012. 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"C,S 'I";r Lk? `~O p`11lM"1k.aa "Yt 1,0 Iq..ul,q.laV "'Ail"ryl.,nn I a:s,w:`tNi'1'pan, a;nw "ma:'1an'new'ln.. : As .d.q'n a_"'mkfln'n1-le 4.."„1Ia.'G.VIN.Yt,la, i u.1t A9.abnAt"1'W, ^;: n.'n'nn:ni' h wd n n'bms h asod c "i I`a'Ialael nau'an I "`tunl"Itia s "ADC., dw Wks hoe Ml. dad an 1l" uala,,,Inualive aw"xmnnp"*k in BaOilD U ,;lttana,[wl Inalp,n:ur F:nnPliS C is not hinanliing on any Pa; «n°Cy or 1u.:s:nnn°nan„ allna] 1. hil"nit t u:nlnnntaahlo a as;a,auannla9iwnnnnn A.' >n.ut. I'aaaannn'nna "nn SIX p nutla.l interest nwuues inn Lhc It.ntna'r'u' C,l'°unnt nnna or % Y „IW,o" t,., a:1�r4.r.I4.e y'nn;nl�es no nw.'l,n'ni " ""M,r 4: "n'I, 9. a.n t,n l,V9 n:wi, 4BI 1' annan.n «ntu9W "n "� anan:n~t" nlw.nt 1.aln "nl awlnt tn.w I'1 +w n.ntauan,ln "dnlaN ". �,a�'a.'rYBa:In1" a.nV r'wl.,nt tI'1a..° n1d: °Gn.an'anrw ' M, Iantil'nillrit n; 1" WO rn 1W I I Page 118 of 170 wholesaaW %Vaakr" Supply Purchnsr Negminihns whh 1"0apunia. In,; rd::Na<r No N.I "e the S'ys,V,r:."tl"1'N IIRveQC:'pl'"vI'D'1("1'lt (.°da Ggg p,., ae(;dN and saw'a:'lntw Y;l'd0s New "'.°r;:Rda,✓' W/w;i.It'a`r SUJIJII'" Q1' °tl;'HTI d (u'4b1 "1 "ri;a,., r'"tN.U11"IndN "6"1 "wI +U,w"Ia:') "wWlCadl.'',es 151 d'I nVYY,I „M wn7inlran” an d,wdl`,""1", a,:a'dr1'n1"Qa''O','w:° n tl!,°,'1 ➢Y"Bp,Vutll'1' "w,, u'I"V,d' :'MMI'" 4J' "tiY N9,4'II ",wieVl 4 "e'(Im,w r sn.VNip! agra,"w "tl1'nw.:nl NOT II i.rd. "d'pI1':Ut:a 4:;t,911`^;V"n'ak."w %,v'pl,h f.d"'c ,liYa'w I.:w. °UCI Y:an'ld Coi- 01nn,ition No6ce 'set I'Y' "rrflt t1I N'r ktlil' aQ '�'\ p;ln .l %v'Qdr 111c ": %nr d.°cadcw ] atnd,N KC�Ufled.:N .%\,tpaaw.VnTWA'0' :1,all)aaO "1n 'la,:d llt)"aW °'NY: "C:Ng ".' ^V ilOned d N,n "a. "'i. "', I40 ( ,1','t`tgsQla' vvrlke no n" "q "nVPw "r,;a I1l Vwllw,'aI'n n mtl ovirr:mvies as to IN,, n '1 1`tlC "'On V'�,GIJ. onSll the I d.'d4.'4,1G "l' a "w4'l1ip d °du.Nlw; °w, RplNap a "a% ^' N d" " II(;r; „,:ad(p” wwr °;,Itw,. "I° sarnN.. "o.rr M Au.Ml'.IIIU tlnowwr o,Na. pp'wryr' na,all 4."Artla.'"rv4,'n „"da. ". Ile P,V19k: <; n +: " "..p "(. "rw" qd "na,l,t q,N`gVs gN..1H I °wa, ^,p'Qu,'6tl'tl'1 "IwVtl'1d'a"' I 'v, Ca;tiI;.A,IRL of 61VU fl ^,°.4.ntnr','l�'' I..INnader "�, CI,Vs,in 3, ) o tl'c I'd'hN r l., nrlw"w ;'��„K,f' "a, "(:"n'r "'d +efft,. :�,(,L,01'(.h11, Q "r " ° "`rw. "ct` oll 3tl',w:q, }i ol, dIt' w,pl,n 4,,. I°d.wlrtl" 06Cw i .rAt,A,w'(:" :'IDBa °'V'1t. °UN'1w'kd,I N.'rya.° o 'no furtl "'wa:'b' Nw,'wt",,tw' cw an to "o ;,s N,' Vd,"1'"•r"w'd°ti:'n r,, r~,h,',wod::4U,dc and A,p.tlTl.,Bnl, ( yUl" er I', rI'wrovprw'1h, is of the d'dN'l,aq "(Win Qn'4;'a."r'N"V,ww n arc allwN"af`1'dl"(gcd I"11Y this Aj,' °4:°v«.. "a "1'nd."1'wt V.Irat] n"ar:Nn11:INw "°w el,td:",('tS'we ra(°w.'Nror'a1'naln.w a) their la:°rw, TV I. 2q:`q,li +'.YII, dl'dU dI ` ^UN.Iw'. d�ra,' q(' "tl "'b`tl'YNRNaO1,Vi)I','V 01'01L! ""q..!rCC11 1L'at, 1a ".V 0'tc ati ""a'a"nt r,Nn,o "ArOhjn'nii IV Q ^IC'e. '�" tl "td, >q li.? (9B'1, "QI ".)( t,., R°a"dil° 'I'll. Notices. ANN r'nhntad: °, and rwynhnus Iuo.°a"eurnl(Or p"w1r:.y hC dChvicrod or rn'o,,dod. H n ;IluQcd' i9)c's'Np N'N hd: N I 11, +. ➢ t l'1a. I V; d 14'D'M,a" 1'N "n a', I t ".'"71"V� c t i\ c l" t(I V (.",,tµ; c s: 5„20 d d 2 Y' : "'I a't1'II .' N l Suitt -400 Ru; dIY.-'!'uC., \,\ 'IIanl.!„ n '0800, 4 Mn: C:.luder V ACCtl.Ngiw,, 00%.. Mow: (425; 453490) A t,N'N. Q.k°V'GQ',Iis N )C:'R ","ti'd nrrc . Q l a N I "1 �i, B. ","d.nk"N.Nm"nl M, \ eC8p,'110 Mow V 2 : °l 't w, K ; "'"v t, 10 hAw 25301-301"1 N�, , c1 my Men ,,, �N'w,pr'1`k q.6tl"tw k One °,' 11od r"aw Ul,. "":I t'u�;:I.�' w 1u,a'11..:,^�° Ilt.'� Y °dw;:lNNd� 1' r I" r Q VG:gVB "Bw..'' r'ptl,uq,Iia; "a"' lI;X QI'la.° ,' \11 NVa, "uqfla'd„ " ""°,; NIn d d'It1I b1u'(:•cnt. I1Nw1i'l ° °k9 61r' N' dm.11l <Ir' NbtrSt (lu1(da.I(:lda g Orst a.lassdshod! 1u 41een i w,:N hi N'I,: vc 1wI l s°ww d,t1 k'J' I,nNdw" U4gI NN"Nl: d.`iale U YNNN:ptNlNy,° if I',1»n "I"uw F'p )Q 4`ANt.9Na:d and wldw.dre.B,scd:'d. Nr,Btla'es d wo tl'w', "n0.: rrs sent t I'°�I' d.,4w"r.l,d � R�.'"d a pI° I n Y?,1'~rQ�»"i°Y;,°V..N, N'N`Nd l , "d,11¢:1O d IN: wrlwW"'d: w "n'oh: "'q.:l to Nl l.k" e 01(. "i4. n j" 6 v b "tl 4. n 1 he next rrrud.l, "k'4Q. I'rrN~"i'in i', lda: ' 1,::ul,la'k 'IN1w" tli' ;d,. .w I 1. w'd"�i:"s c N'U°wa d., na° a.6p.1'Q�:" a I Iru,.rwdiNl rw ",N�w' "w(: °N "d 1, r�'Bl.l,ll�w.a.d �:trNw..I d1(Iclr.�.r nwm °w..l„ D "'w.'wt' w.nOQ q° the rx'w: tn)w.Irk "1111M by We I lahie d ' tw:11es Mswl S;Y:rIv Re wnlwrnOl he u.°w'>rw(,°lrat Rv (:w °'iatlawv o tde dB,n c and nlna ih ng. IN L Dispd. tv Ra "sodaa't'dol'm. hl dt "awe, "rul tl'al ;1nN "e u,:Oq''•cN,r.wl'a.:e drr'Ir W ", I"ra"wwa~en (Vwscad de ,and ;a \,al u` urn' q:h" ', I' ",'vc 'ti N. I I d 8 w Wee L' d N. " a tl , ; " U;,, t t r;'w l n � " d 1 ua; �d n ,,,Y 0:1 rw r q t." t C`" the 1 w;', a' " "k l l'U d»' I. I a S U rtl' "w' . �, u:n °, ° (.' I:9 a:N� wU' w @,tl'I w;'d °'""t I..n l "� a,d n" n I .Mw I'1 d.1, l d , 1 rr' N N'. Q'r, tl 9'1 'l q w" � ` c 5 l 11va r`U rd.d 4 ( vwh Tu V 11rate uI scidcw of l" a'Mt HS n "1tl II "'I w %:!,a.r'1.n.4.. °,'tl'Ntl. 1.4Y IN11k. "a ",fl YV'h,q sI, r'1bCUtl.G "w.tl.Ql "a,' al.;r(.., ..d Iocallon, to all.ca°u°1pt to resolve. sa.la.h w;di' 1�1d.aw' 'I Ile Var"I1a.°',� "sh':uNN a.'.wa.'d'w at reprcn „wa°r1tx.Yl vawd 1 tan (;:antlafir° on 0N'Ia: N. "e;^It' and r "a"I( >w~t. da,a.w,st Mc dvc noway to I"a„ ",;•g4hlve the Qum m iIY 144, e 6 i, "fl. 11 q DI.B Page 119 of 170 arit.rtr.tail agr' °cer .uc °ntr, tlic: °;, may c°llmme d rest rueguti;rti1. >ns or ritccliartil'.)r"r. If°Ara°rc is no agreement bctween the I%rties aaar'n l'tc.iwv to lir°raccccl w-w'i hir'r tliir° y (30) days, either 1003 nii.riy lryramumf QW anaW's.ion." g'>w°oviciccl, however, no l'arr °ty ',j-lL ll 1 -)c I':"pr°cclalcic°c1' 1'r°clria 1'i.01,t;, Un all)PC,11 O are;tl7cvm °r 10 Pr°OVc.°rar' rl'nr" ti' al li'an,t6,4nr "I O as trnlw lwna'iod 1'(.)r'I'rinrir ", 0r",A11Y Statute t:'k'f I'lrr'lina,tflcpns' irai party f`a.rik to ped bnn is b.rlrliga:atitiIS 1ac,rc.l.trider,, then it shall be in dcf uh. 97et°errr ler rnriicss We r:efkrl6ung Prl'ny cr,ms an ev'wv a: al`aM;rr.rlt" 'dw,;ItswY.ltm rrlrrtlw°tary or min- mr,amary, wstlrirl thirty (30) days Acr r-ccru°lOn°ng ww'riltcrn rags :lticc dn°arr'i'n Vc; +rtlxT 1 "a.arty of°nw h a::1c'1` uh. Subic'c't tai tlrc lrrc eciu_ut s so l at°t1t ira "iairi vt t „J.. raj ?uwatC wRC_St; 1U1.i(rr1„), ifa irrtrty is in brra.ana h or r.ic.1`a: ud (Whs oblipolont.s aar°iava ng trin(kr° tl'ai, Ole other,. irµrrty sG 'di .11a.rvc and shall h crrtiticr:l to c.wcc� sc an), and all renrr. °a:lresl alarariiatl' k to A at la:r�a,w� ca ire ca.'Itril�, firur�la:nt8ilts ti''la.,e H& to specincaNy c:rti'a'lm As ,,"wg,rccraiown aall or"bicft r°cli'icclres Aas,iil Le errsmulaa'(o'W e. 12. Athmmeym' Fees. Iratnf 1 °a:tr-q nal'raall he r°c°clt:li'r,°ccl to hritll -° any arctic'rr° U.) enat'rrr°c;c °;1r "aw° JIT() lraion cif`tl'iis r" gr.eeQ.nent, 01° Slasall bC n.c°cltlired tb.b ckd� nlJ a.nriv, a:rcticata brought by the ml'ncr 11;aa°q, wwitlt respect ttl this ' grccitac"rit,. al.rla.l in t.lwc° a`arlt.lrcc° c °wc °1tt tltarrt ra^oac ('ar.1tti Ita.11l SUbsta:rratiannlly l'rr'cvaai.l in Anc:11 a1c°,thm, r w Whig a "b:l.r°ty s14th,„ in addition to all other paay'riicr °lts`, r'c.qt.rit°cd t.her"cnni., pay 4..1,11, 01't.fiC Pr'c °w Ii firlg 1'rrl'1',�" ry Rl""Sc'1aar;1 -flC ca)m in cacolarlc°c,hin r,widi such, <ac'tirrri„ including mrc,lr ;~acr'MS US t.11c° WWI 01• ca.ir NS, rraar� zlclpnsa;l iw; rrMa:rrtionaAfblc 'at;:s a.at:t.r,l'r "17Ns jk: ",d;`s in the t.V"Ww.11 Cl,:ll.i;rt'a-ld in Cl,NLHI.S, 13. No Assignment. This t:y:erniew i�' s rticcific° � , S a , not be aassila,rucc:i in ww°la� lc or' in p, rtr'' to 'tl�cr 1 aar°tpa.. t.n�r1 ot�lan° 14. lamb -Wart ;er. n "v or 1';:tiltan'�., kart' ca. Iry<tr°t.y' tra cx.cr"cl�ac any a.)f its rights, l°rr: mrµr or n�;.nrtr.°click , s,rrider� this Ali) �':10 M`,a„ rt.r °a °t,rflrc; °rlt. l`w :rllt:rw� ttt, a'rti 1irc:slc:ll 1a1y a:nrirnthler Ilrlr.ty S1r4:.s.lB J' and :br :i t.r °r.:rcal ica k"C a:r ;tar.scll breach, or any a &lr cIlties :.C::C'ice tf "ler' "ea in, or ti:p'I: or in any ,`.atrl'trli.' &r"' breach tl'te'I"cul" er mew;q.r:9"n,"1t1',x.°,', O"r,k r AT any "wAr of a.rnw, single brca.rc°1a be cla;ncrirccl ai. ww±vvr of any aarther° feed: di thuawo°t"°tn:rtl°r:wre or tl't;, r aaftcr° a.'baa`Q: 'r l,r "r "' n 1 T- 15, Nam Thircl 1 "Il ry enefici ai- 1'lriw Agr.c•crincnit. is 1`car° t11.c. sole and exclusive 1°lcrtclrt of the 150c:l and is not i;)'atcl'mciccl to a 1 . a. w rights car IwbenclU s "n any third lxa'tw not :n naib'rraalc r ° °h; her°c°tr',. trtc, �ll;nll rn�crt �.srrrl�. °r art" ,. i ii. Integrated gi °a. °enr ent. This dwG:auSt.pt.r.rtl. "S tl'C 4. "Nllj'r" " atl 9 "' ` " "9t . °r'tt, l"et;''tw'eerl the Pan°de ,,v''i with r "w:.'s1"A4„ "o 'lo the SLII~r CCt. r °rtar'UCr 11L"r"O)t areal a,trlac °VWCLWsa a.ill l"ador" or conatcraal' oralncciraS r.ri der"st,a;ar'acluatgs or agr°rm °c'rtuna °nis ir1't rw:a "al''("ct t.lis ^r °ctrn lls °bawiwlccl, fliclwwc °w'cr, tlasal, t.l�u r' >wariaicrr'it 9'raa11 1'rc ilrjer°l'ir°c�ta,cl abr.c °rrarastr°r.rc °4.1 tb)r,oc:t.her % itl'i ti-le , oaiv:'ttcl.c'cl and R st:a:llccl Agreement. the John 1mcne., a.s.rir:l we t..`taua'I`irr"ala:lmiaaar Not: cc. No rniw_)clilicaa toms or a:lrtmin.lrrwrnts of this aAgr°cr"htnent si.isall he valid t;rr°CI1 ,Ctive r.rllfeSs Mowed bx, an agreenlent iro wwn°itiang rliOK by the !lutes, 14go.7ofIt D I . B Page 120 of 170 W 1 SyAahnv in (Wunwpans. Hks ma [.tC Cwcwcd it', cmm%erpar s 'and afl ofihosk: Iaken shall coln,61.1.ltc 0M." ;Uld the 's.,1nic 18. Representations of the flarties. R,lrty all"I O�a� dl hz'ts applrcv�,i�J. :xecwv1d, allid JJkc'rcd fltis Atl,fl'CCMCI)� 'antd INV h Us A necessary audwolty, to enter into thk Aureawn, Nnd to pebwm W, tcl m,, and F;alch '11)(1 that the approv,',mL p.�Xecwiwl, �,1'lld oJlehver.% havt, hQcll dLdY LVLIIJIkWC /ed h thIc lum! or councl and th, oOwr oci or pnKyAng on the pan of an,v llamY is rwwwry to suihoWe em.➢.y or 0-)�:rkm➢www of Us �J�dv ��s ""HERF(A [lie F"m MY Wkuhurn: 'uscade WoUr Mince: lhdc: MJ " "°t: 1!� SEP 1 0 M3 A Fl ks V DLB Page 121 of 170 'onfinnzi6un Notice sigrled l iViburn, dalcid Nki), 2 1 20 DI.B Page 122 of 170 k Cc V V u, q d r',h c 'X v Vvlc�;q K61ln / whlIan, W''A `)NOIN ]I T li WATER S ; 2 aI t c fl � #' m u ' cil T 's "V anu vVa�lu� .`4q I P'I, !ld J� : a,TIL'C! q " '11: N? / y I mo4 D,i fl�:/ j:: � c j ( N N' , \ I a �: 1, 1! :i, '! C! 'I I A.:'d ( , L,�I i k �', " ( p N U " "! x ° n ': 4,; G rc r y1.",; t U t Kv 2 0 0 5 kk 1 wn S q I& y A, � N u l', v ,: ! 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L V c at I � 11 I y I I "I'd p;iymeiilt4 will b.! o Auhu� ill", wq&l Ncm 0:4 wimlo ilc • "I,Ipply 2 lowl� rfM In:! iwje �A If rMITO!:1 0 wcR I VVJ"Oi' I' J� I icv �e I v I( 1� 1:1 cki I I Tjc�cv no 1 1 , „ : ! [ � , n c I I c D P I I Page 134 of 170 a ^a1 `I ;( ),, 1:::::::1 Ei l ()J OJ' 1 1"11:: ^ i1:, "P, r " I'" ".f "' r 8/26/2014 WHOLESALE WATER SUPPLY AGREEMENT This WHOLESALE WATER SUPPLY AGREEMENT ( "Agreement "), by and between the City of Tacoma, Department of Public Utilities, Water Division ( "Tacoma "), and the City of Auburn ( "City "), is made and entered into as of this day of (2014) ( "Effective Date "). Tacoma and City are sometimes referred to collectively as the "Parties" and individually as a "Party." This Agreement is made with reference to the following facts: RECITALS WHEREAS, Tacoma is a municipality organized and operating under the laws of the State of Washington and operates a water utility pursuant to RCW 35.92.010; WHEREAS, pursuant to RCW 35.92.170 -.200, Tacoma is authorized to operate a water utility outside its geographical boundaries and to sell surplus water to customers outside of Tacoma's city limits; WHEREAS, City is a noncharter code city organized and operating as a municipal corporation under the laws of the State of Washington; WHEREAS, City and Tacoma have previously entered into a "Wholesale Water Agreement" dated July 6, 2012, pursuant to which Tacoma is required to provide, upon City's request, a wholesale water supply of up to 1 MGD (annual average daily use, subject to certain 2.0 MGD peak day and 1.8 MGD peak period limitations set forth therein), for use by City in connection with the prudent use and management of its water system (the "Existing Agreement"); WHEREAS, Tacoma and Cascade Water Alliance, a joint municipal utilities services authority ( "Cascade "), have heretofore entered into an "Amended and Restated Agreement for the Sale of Wholesale Water" dated December 31, 2012 (the "Cascade /Tacoma Agreement "); WHEREAS, pursuant to Section 6 of the Cascade /Tacoma Agreement, Tacoma has available surplus water and is willing to sell to City a 2.5 MGD (annual average daily use) wholesale water supply, which is a portion of the 4 MGD (annual average daily use) wholesale water supply that is available as of the Effective Date to sell to City pursuant to the Cascade /Tacoma Agreement; WHEREAS, the Parties desire, by this Agreement, to amend and restate the Existing Agreement; WHEREAS, Tacoma is willing to make a 3.5 MGD (1.0 MGD + 2 5 MGD) (annual average daily use) wholesale water supply available to City as a direct wholesale customer of Tacoma in accordance with the terms and conditions of this Agreement, which is a combination of the 1 MGD wholesale water supply currently provided under the Existing Page i of 18 WHOLESALE WATER SUPPLY AGREEMENT DI.B 0914 -0002 /LEGAL 120772987.5 Page 135 of 170 a ^a1 `I ;( ),, 1:::::::1 Ei l ()J OJ' 1 1"11:: ^ i1:, "P, r " I'" ".f "' r 8/26/2014 Agreement and the 2.5 MGD available pursuant to the Cascade /Tacoma Agreement, subject to certain peak - period limitations set forth below; WHEREAS, pursuant to the requirements of RCW 35.92.010, the Parties specifically find that this Agreement will at a minimum generate revenues sufficient for Tacoma to cover the marginal cost of the available surplus water supplied to City; and WHEREAS, City is willing to purchase and accept delivery of such wholesale water supply from Tacoma as a direct wholesale customer of Tacoma in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and conditions herein contained, the Parties agree as follows: AGREEMENT 1. DEFINITIONS For purposes of this Agreement, the following terms defined herein shall have the following meanings, whether singular or plural: "Applicable Law" means any applicable and binding statute, law, rule, regulation, code, ordinance, judgment, decree, writ, legal requirement or order, and the written interpretations thereof, of any national, federal, state or local Governmental Authority having jurisdiction over the Parties or the performance of this Agreement. "Cascade" shall have the meaning set forth in the Recitals. "Cascade /Tacoma Agreement" shall have the meaning set forth in the Recitals. "City" shall have the meaning set forth in the preamble of this Agreement. "City Hazardous Substances" means any Hazardous Substances generated, transported, kept, handled, stored, placed, discharged or released by City, or by anyone directly or indirectly retained or employed by City, in connection with the performance of this Agreement. "City Isolation Valve" means a positive shut -off valve owned and operated by City as part of the Interconnection Facilities. "Dispute" shall have the meaning set forth in Section 17.1. "Draft Operating Plan" means a non - binding informational plan intended to advise Tacoma of the amount of the Wholesale Water Supply that City anticipates it will use during the period starting June 1 and ending September 31 each year during the Term. "Effective Date" shall have the meaning set forth in the preamble of this Agreement. Page 2 of 18 WHOLESALE WATER SUPPLY AGREEMENT DI.B 0914 -0002 /LEGAL 120772987.5 Page 136 of 170 a ^a1 ` ;( ),, 1:::::::1 1'ii l ()J ^al'" 1 Ii`1I' ^ 1:, "P, r " I'" ".f "' r 8/26/2014 "Existing Agreement" shall have the meaning set forth in the Recitals. "Flow Control Valve" means the valve that controls the volume of water that is delivered to City and is more particularly described in Exhibit A. "Governmental Authority" means (a) any federal, national, state, tribal, county, municipal or local government (whether domestic or foreign), or any political subdivision thereof, (b) any court or administrative tribunal; (c) any other governmental, quasi - governmental, judicial, public or statutory instrumentality, authority, body, agency, bureau or entity of competent jurisdiction; or (d) any nongovernmental agency, tribunal or entity that is vested by a governmental agency with applicable jurisdiction. "Hazardous Substances" means any substance or material regulated or governed by Applicable Law; any substance, emission or material now or hereafter deemed by any Governmental Authority or Applicable Law to be a "regulated substance," "hazardous material," "hazardous waste," "hazardous constituent," "hazardous substance," "dangerous material," "dangerous waste," "dangerous substance," "toxic substance," "radioactive substance" or a "pesticide "; and any other substance with properties that are harmful or deleterious to human health or to the environment. "Interconnection Facilities" means all facilities, other than the Wholesale Service Connections, that are necessary for City to access and take delivery of the Wholesale Water Supply at the Wholesale Service Connections and to convey such water to City's transmission and distribution systems. Interconnection Facilities include the City Isolation Valve and such other pressure- reducing valves, power service, storm drainage, vaults, telecommunications service, conduit, controllers, pedestals and boxes operated by City as part of the Interconnection Facilities. For avoidance of doubt, Interconnection Facilities do not include the Wholesale Service Connections or any other facilities owned and operated by Tacoma that are necessary to deliver the Wholesale Water Supply to the Wholesale Service Connections. "Meter" means the delivery metering equipment determined by Tacoma to be necessary for the implementation of this Agreement. "Operating Protocols" shall have the meaning set forth in Section 11.3. "Party" or "Parties" shall have the meaning set forth in the preamble of this Agreement. "Person" means any individual, corporation, municipal corporation, company, voluntary association, partnership, incorporated organization, trust or limited liability company, or any other entity or organization, including any Governmental Authority. "Project" means that certain water supply project commonly referred to as the Second Supply Project, which is owned and operated by Tacoma in order to meet Tacoma's future water supply requirements and to increase regional supply, with the participation of its project partners the City of Kent, the Covington Water District and the Lakehaven Utility District in Page 3 of 18 WHOLESALE WATER SUPPLY AGREEMENT DI.B 0914 -0002 /LEGAL 120772987.5 Page 137 of 170 a ^a1 `I ;( ),, 1:::::::1 Ei l ()J OJ' 1 1"11:: ^ i1:, "P, r " I'" ".f "' r 8/26/2014 accordance with the terms and conditions of the 2002 Second Supply Project Partnership Agreement. "Prudent Utility Practices" means, at any particular time, any of the practices, methods, decisions and acts that (a) in the exercise of a Party's reasonable judgment in light of the facts known at the time, would have been expected to accomplish the desired result consistent with Applicable Law, reliability, efficiency, economy, safety and expedition commonly engaged in or approved by the water supply industry in the United States prior thereto; and (b) in the case of Tacoma, includes all practices and methods needed to comply with the Wholesale Water Regulations. It is recognized that the term "Prudent Utility Practices" is not intended to be limited to the optimum practices, methods or acts to the exclusion of all others, but rather refers to a spectrum of possible practices, methods or acts that could have been expected to accomplish the desired result consistent with Applicable Law, reliability, efficiency, economy, safety and expedition. "Schedule" shall have the meaning set forth in Section 11.2. "System Development Charge" means the system development charge imposed upon wholesale customers by the Wholesale Water Regulations. "Tacoma" shall have the meaning set forth in the preamble of this Agreement. "Tacoma Indemnitees" means Tacoma and Tacoma's directors, officers, employees, agents, servants, elected officials and representatives, and the respective successors and assigns of each and all of the foregoing. "Tacoma Isolation Valve" means a positive shut -off valve installed at the Wholesale Service Connections and that is more particularly described in Exhibit A. "Telemetry Equipment" means a data - acquisition system owned and operated by Tacoma that is used to send signals from the Meter in support of operations and all appurtenances thereto. "Temporary Wholesale Water Supply" shall have the meaning set forth in Section 19. "Term" shall have the meaning set forth in Section 21. "Uncontrollable Force" means any event or circumstance (or combination thereof) and the continuing effects of any such event or circumstance (whether or not such event or circumstance was foreseeable or foreseen by the Parties) that delays or prevents performance by a Party of any of its obligations under this Agreement. An Uncontrollable Force shall include the following: (i) flood, earthquake, drought, climate change, storm, fire, lightning and other natural catastrophes; Page 4 of 18 DI.B 70914- 0002 /LEGAL 120772987.5 WHOLESALE WATER SUPPLY AGREEMENT Page 138 of 170 a ^a1 ` ;( ),, 1:::::::1 1'ii l ()J ^al'" 1 Ii`1I' ^ 1:, "P, r " I'" ".f "' r 8/26/2014 (ii) acts of public enemies, armed conflicts, acts of foreign enemies, acts of terrorism (whether domestic or foreign, state - sponsored or otherwise), war (whether declared or undeclared), blockade, insurrection, riot, civil disturbance, revolution or sabotage; (iii) any form of compulsory government acquisition or condemnation or change in Applicable Law (other than such acquisition, condemnation or change by City) that affect the performance of the Parties' obligations under this Agreement; (iv) accidents or other casualty, damage, loss or delay during transportation, explosions, fire, epidemics, quarantines or criminal acts that affect the performance of the Parties' obligations under this Agreement; (v) labor disturbances, stoppages, strikes, lock -outs or other industrial actions affecting the Parties or any of their contractors, subcontractors (of any tier), agents or employees; (vi) inability, after the use of commercially reasonable efforts, to obtain any consent or approval from any Governmental Authority (other than City) that affects the performance of the Parties' obligations under this Agreement; (vii) inability, after the use of commercially reasonable efforts, to obtain any consent or approval from any Person required by a Party in connection with this Agreement; and (viii) third -party litigation contesting all or any portion of the right, title and interest of a Party in any service, property or other item to be provided to the other Party in connection with this Agreement. Notwithstanding the foregoing, the insufficiency of funds, the financial inability to perform or any changes in such Party's cost of performing its obligations hereunder shall not constitute an Uncontrollable Force, and neither Party may raise a claim for relief hereunder, in whole or in part, in connection with such event or circumstance. "Wholesale Service Connections" means a physical connection(s) between water mains of the Parties and is the point of delivery of the Wholesale Water Supply. The Wholesale Service Connections are more particularly described in Exhibit A and include the Tacoma Isolation Valve and the Flow Control Valve. "Wholesale Water Regulations" means all applicable terms and conditions of the Tacoma Municipal Code, including but not limited to Chapters 12.01 and 12.10 thereof, as such terms and conditions may now exist or may hereafter be changed, deleted, supplemented, modified or amended. The Wholesale Water Regulations include Tacoma's "Customer Service Policies" and such other rules, regulations, policies and guidelines as Page 5 of 18 DI.B 70914- 0002 /LEGAL 120772987.5 WHOLESALE WATER SUPPLY AGREEMENT Page 139 of 170 a ^a1 `I ;( ),, 1:::::::1 Ei l ()J OJ' 1 1"11:: ^ i1:, "P, r " I'" ".f "' r 8/26/2014 Tacoma shall, from time to time, adopt and apply on a uniform basis to Tacoma's wholesale customers. "Wholesale Water Service" shall have the meaning set forth in Section 4.2. "Wholesale Water Soply" means a quantity of water of up to 3.5 MGD (annual average daily demand), subject to the following peak - period limitations: (a) 5.12 MGD during any consecutive twenty -four (24) hour period, and (b) 4.92 MGD during any consecutive ninety -six (96) hour period. 2. EXHIBITS TO THIS AGREEMENT This Agreement includes the Exhibits listed below, and any reference in this Agreement to an "Exhibit" by letter designation or title shall mean one of the Exhibits identified below. If there is an express conflict between the provisions contained within the body of this Agreement and the provisions of any Exhibit hereto, then the body of this Agreement shall take precedence, except that with respect to technical specifications and requirements pertaining to the design, engineering, operation or testing of the Wholesale Service Connections, the conflicting Exhibit shall take precedence. Exhibit A: Wholesale Service Connections Exhibit B: Dispute Resolution Procedures 3. AMENDMENT AND RESTATEMENT OF EXISTING AGREEMENT The rights and obligations of the Parties arising under the Existing Agreement shall remain in full force and effect and unchanged by this Agreement for the period beginning on July 6, 2012, and ending on the Effective Date. From and after the Effective Date, this Agreement fully restates, replaces and supersedes the Existing Agreement and shall govern and control the rights and obligations of the Parties with respect to the subject matter of the Existing Agreement, as amended and restated in its entirety by this Agreement. Except as otherwise provided by this Section 3, from and after the Effective date, the Existing Agreement is null, void and no longer of any force or effect. 4. WHOLESALE WATER SERVICE 4.1 Subject to the terms and conditions of this Agreement, during the Term, Tacoma agrees to sell and deliver the Wholesale Water Supply to City, and City agrees to purchase and take delivery of the Wholesale Water Supply from Tacoma. The Wholesale Water Supply may be resold by City to another water purveyor, subject to the terms and conditions of this Agreement. Page 6 of 18 DI.B 70914- 0002 /LEGAL 120772987.5 WHOLESALE WATER SUPPLY AGREEMENT Page 140 of 170 a ^a1 ` ;( ),, 1:::::::1 1'ii l ()J ^al'" 1 Ii`1I' ^ 1:, "P, r " I'" ".f "' r 8/26/2014 4.2 The Wholesale Water Supply shall be provided to City as wholesale water service subject to and in compliance with the Wholesale Water Regulations, Applicable Law, Prudent Utility Practices and the terms and conditions of this Agreement ( "Wholesale Water Service "). Except as otherwise provided by this Agreement, City shall be subject to and governed by the Wholesale Water Regulations. If, however, there is an express conflict or inconsistency between the terms and conditions of this Agreement and the terms and conditions of the Wholesale Water Regulations, then the terms and conditions of this Agreement shall take precedence, govern and control. 4.3 The Wholesale Water Service shall be provided to City with the same degree of reliability and certainty of supply as water provided by Tacoma to its existing wholesale customers (including limitations thereof, such as provisions of the Wholesale Water Regulations pertaining to interruption of service). The Wholesale Water Service provided to City is not for the purpose of providing fire flows or for fire suppression purposes, and Tacoma does not warrant that the flow and pressure of the Wholesale Water Service provided to City will meet Wholesale Water Regulations or Applicable Law related to providing fire flows or for fire suppression purposes. City acknowledges it is solely responsible for compliance with Applicable Law related to fire flows and fire suppression. The Parties acknowledge that Wholesale Water Service is inherently subject to disruption, interruption, suspension, curtailment and fluctuation. Tacoma shall not have any liability to City or any other Person for any disruption, interruption, suspension, curtailment or fluctuation in the Wholesale Water Service. 5. WHOLESALE WATER SERVICE CHARGES AND FEES City shall pay Tacoma all charges, fees and other amounts for the Wholesale Water Service as shall be due and payable, from time to time, pursuant to the Wholesale Water Regulations. All rates, charges, fees and other amounts due Tacoma for the Wholesale Water Service pursuant to the Wholesale Water Regulations are subject to periodic adjustment by the Public Utility Board and Tacoma City Council. At any time during the Term, the applicable rate, charge, fee or other amount due Tacoma from City for the Wholesale Water Service shall be the rate, charge, fee or amount as shall then be in effect. 6. SYSTEM DEVELOPMENT CHARGES As of the Effective Date, the System Development Charge due and payable to Tacoma pursuant to the Existing Agreement has been fully paid by City to Tacoma pursuant to the terms and conditions of the Existing Agreement. A System Development Charge for a wholesale water supply of 2.5 MGD has been paid by Cascade to Tacoma pursuant to the terms and conditions of the Cascade /Tacoma Agreement. The remaining System Development Charge due Tacoma from City pursuant to the Wholesale Water Regulations has, as of the Effective Date, been fully paid to Tacoma by or on behalf of City. Page 7 of 18 WHOLESALE WATER SUPPLY AGREEMENT DI.B 0914 -0002 /LEGAL 120772987.5 Page 141 of 170 a ^a1 ` ;( ),, 1:::::::1 1'ii l ()J ^al'" 1 Ii`1I' ^ 1:, "P, r " I'" ".f "' r 8/26/2014 7. PAYMENTS Amounts due Tacoma from City for the Wholesale Water Service shall be determined, billed and collected by Tacoma and paid by City in accordance with the procedures for billings, collections and payments set forth in the Wholesale Water Regulations. 8. WHOLESALE WATER DELIVERIES From and after the Effective Date, the Wholesale Water Supply shall be made available to City at the Wholesale Service Connections. The delivery and receipt of water, and the transfer of title to and custody and control of such water, shall occur at the Wholesale Service Connections. Upon City's acceptance of such water at the Wholesale Service Connections, City assumes full responsibility for such water, its quality, and the means, methods and facilities necessary to connect, receive, transport, deliver and use such water as a source of water for resale by City to City's retail customers. 9. WHOLESALE WATER CONNECTIONS AND INTERCONNECTION FACILITIES 9.1 From and after the Effective Date, Tacoma shall be responsible for the maintenance and operation of the Wholesale Service Connections in a manner that is consistent with Applicable Law and Prudent Utility Practices. If at any time during the Term Tacoma shall determine a need to upgrade, replace or modify any of the Wholesale Service Connections, in whole or in part, Tacoma shall so notify City, and cause such upgrade, replacement or modification to occur at such time, place and manner and with such labor, design, materials and equipment as Tacoma shall determine, in its sole discretion. No wholesale service connections other than the Wholesale Service Connections are authorized by this Agreement, and no other such connections shall be allowed without a subsequent and separate written agreement between the Parties. Neither Party shall be obligated to agree to or execute any agreement or permit with the other Party to construct or use any additional wholesale service connection. 9.2 From and after the Effective Date, City shall, at its expense, cause the Interconnection Facilities to be constructed, tested, maintained and available for normal and reliable commercial operations. City shall submit to Tacoma for review and approval the designs, specifications and construction schedule for any material repairs or replacements of the Interconnection Facilities, or for any expansions, improvements or upgrades of the Interconnection Facilities. Tacoma will not unreasonably delay its review of the designs, specifications and construction schedule submitted to it by City and will not unreasonably withhold its approval of such designs, specifications and construction schedule. City will not commence any such repairs, replacements, expansions, improvements or upgrades of the Interconnection Facilities unless and until City has received approved designs, specifications and construction schedule from Tacoma. City shall construct and operate the Interconnection Facilities in a manner that is consistent with Applicable Law; the approved designs, specifications and construction schedule; the provisions of all permits, regulatory approvals Page 8 of 18 WHOLESALE WATER SUPPLY AGREEMENT DI.B 0914 -0002 /LEGAL 120772987.5 Page 142 of 170 a ^a1 `I ;( ),, 1:::::::1 Ei l ()J OJ' 1 1"11:: ^ i1:, "P, r " I'" ".f "' r 8/26/2014 and agreements governing the construction and operation of the Interconnection Facilities; and Prudent Utility Practices. City shall own and operate the Interconnection Facilities and shall be responsible for the repair and maintenance thereof. 9.3 Without limiting the generality of the foregoing, City shall: (a) be responsible for the operation and control of the City Isolation Valve and any pressure- reducing valves, controllers, pedestals and boxes operated by City as part of the Interconnection Facilities; and (b) provide a sufficient permitted discharge location for sump pump discharge for the Wholesale Service Connections vault. 9.4 If, at any time or from time to time during the Term, Tacoma determines a need to repair, maintain, replace, renew, expand or improve any of Tacoma's infrastructure, facilities or systems and such work requires the relocation of all or any portion of the Interconnection Facilities, Tacoma shall, not less than one hundred twenty (120) days prior to the commencement of such work, request by written notice to City that City relocate such Interconnection Facilities so as to accommodate the time, place and manner of Tacoma's work. Upon receipt of such notice from Tacoma, City shall promptly so relocate such Interconnection Facilities at City's sole cost and expense. 10. METER AND TELEMETRY EQUIPMENT 10.1 Tacoma shall, at City's expense, provide for the procurement, installation, repair, replacement, calibration and testing of the Meter and the Telemetry Equipment. Such costs paid by City to Tacoma are considered funds provided in aid of construction. City shall provide, at its expense, a sufficient and reliable source of power and communications to the Meter and the Telemetry Equipment. Tacoma shall determine the size of the Meter and the flow range within which the Meter must operate. 10.2 Tacoma shall perform the calibration and testing of the Meter. During the Term, Tacoma shall periodically test the Meter for accuracy, and the results of such testing shall be made available to City. City may also test the Meter at any reasonable time and at City's expense. The results of any Meter test conducted by City shall be made available to Tacoma at no charge. A Meter accuracy measurement of two percent (2 %) or better shall be considered within calibration tolerance. 10.3 If a Party shall require access to any area under the care, custody or control of the other Party for purposes of this Section 10, then such Party may request such access, subject to the other Party's prior approval, which such approval shall not be unreasonably withheld, conditioned or delayed. Page 9 of 18 DI.B 70914- 0002 /LEGAL 120772987.5 WHOLESALE WATER SUPPLY AGREEMENT Page 143 of 170 a ^a1 ` ;( ),, 1:::::::1 1'ii l ()J ^al'" 1 Ii`1I' ^ 1:, "P, r " I'" ".f "' r 8/26/2014 11. WATER MANAGEMENT AND SCHEDULING 11.1 On or before May 1 of each year during the Term, City shall provide Tacoma with a Draft Operating Plan. 11.2 Prior to 10:00 a.m. on any Thursday during the Term, City may submit to Tacoma, in the manner and in the form established by Tacoma, a schedule for wholesale water deliveries for the following seven (7) days ( "Schedule "). The Schedule shall contain at a minimum a uniform rate of water deliveries for each day of the Schedule, and shall take effect on the day following the Thursday the Schedule is submitted. Schedules so submitted shall remain in effect until replaced by a subsequent Schedule submitted in accordance with this Section 11.2. 11.3 The Parties agree to jointly develop and maintain operating protocols for items including the scheduling of water demand to assure consistent flow control and treatment, routine operational communication, emergency shutdown, emergency contacts and other items the Parties determine appropriate ( "Operating Protocols "). The Operating Protocols shall be subject to Tacoma's approval, which such approval shall not be unreasonably withheld, conditioned or delayed. 11.4 Tacoma reserves the right to modify, suspend, change or amend Schedules and Operating Protocols as necessary to comply or conform with this Agreement, the Wholesale Water Regulations, Applicable Law, or Prudent Utility Practices, or to respond to Uncontrollable Forces. Tacoma will provide City with thirty (30) days' advance notice of any modifications, suspensions, changes or amendments to the Operating Protocols; provided, however, if the need to modify, suspend, change or amend the Operating Protocols is attributable to Uncontrollable Forces, then Tacoma shall provide as much notice as is practicable under the circumstances. 12. CONSERVATION AND PLANNING 12.1 The Parties will seek to coordinate regional supply, planning, scheduling and operational programs that promote efficient use of water supplies, facilities, finances and staff resources. If requested by Tacoma, City shall participate in the planning and implementation process for conservation programs as they are developed and will share available conservation resources where beneficial to both Parties. In the event there is a water shortage or drought that requires Tacoma to institute water rationing or water use restrictions, Tacoma may institute reductions to deliveries of the Wholesale Water Supply consistent with the Wholesale Water Regulations and Prudent Utility Practices. 12.2 During the Term, City shall implement and maintain a water conservation and water curtailment program substantially equivalent to Tacoma's program. Tacoma reserves the right to reduce or discontinue Wholesale Water Service in the event City fails to adopt and conform its use of the Wholesale Water Supply to Tacoma's Water Shortage Response Plan. Page 10 of 18 WHOLESALE WATER SUPPLY AGREEMENT DI.B 0914 -0002 /LEGAL 120772987.5 Page 144 of 170 a ^a1 `I ;( ),, 1:::::::1 Ei l ()J OJ' 1 1"11:: ^ i1:, "P, r " I'" ".f "' r 8/26/2014 13. RISK OF LOSS 13.1 Title to and risk of loss of water delivered by Tacoma to City pursuant to Section 8 shall pass from Tacoma to City at the Wholesale Service Connections. 13.2 Title to the Wholesale Service Connections, the Meter and the Telemetry Equipment shall be vested in Tacoma. Except as otherwise provided by Section 10.2, City shall have no right to operate, suspend, curtail, design, construct, test, maintain, repair, improve, replace and use the Wholesale Service Connections, the Meter and the Telemetry Equipment. Title to the Interconnection Facilities shall be vested in City. Tacoma shall have no right or responsibility to operate, suspend, curtail, design, construct, test, maintain, repair, improve, replace or use the Interconnection Facilities. 14. INDEMNIFICATION City shall defend, indemnify and hold each and all of the Tacoma Indemnitees harmless from and against any and all claims, liens, demands, actions, losses, damages, costs, expenses and liabilities (including attorneys' fees) arising directly or indirectly from or in connection with: (a) the transportation, storage, sale, delivery and use of any water delivered to City in accordance with this Agreement; (b) the negligent, reckless, or otherwise tortious acts or omissions of City, or of anyone directly or indirectly retained or employed by City, in performance of this Agreement; (c) any material breach, failure, inconsistency, inaccuracy or default of any one or more representations made to Tacoma in Section 20; (d) the use or resale of the Wholesale Water Supply for fire flows or fire suppression purposes, or (e) City Hazardous Substances. Nothing herein shall, however, require City to defend, indemnify and hold harmless the Tacoma Indemnitees for that portion (if any) of any such liability that is so proportionately and legally attributable to the negligent acts or omissions of any one or more of the Tacoma Indemnitees. As between the Parties and solely for the purpose of the indemnities contained in this Section 14, City expressly waives any immunity, defense or protection that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW, or any other industrial insurance, workers' compensation or similar laws of the State of Washington to the fullest extent permitted by Applicable Law. This Section 14 shall not be interpreted or construed as a waiver of City's right to assert such immunity, defense or protection directly against any of its own employees or any such employee's estate or other representatives. This Page i i of 18 WHOLESALE WATER SUPPLY AGREEMENT DI.B 0914 -0002 /LEGAL 120772987.5 Page 145 of 170 a ^a1 ` ;( ),, 1:::::::1 1'ii l ()J ^al'" 1 Ii`1I' ^ 1:, "P, r " I'" ".f "' r 8/26/2014 Section 14 has been mutually negotiated by the Parties and shall survive the expiration or termination of this Agreement. City's Initials 15. REGULATORY COMPLIANCE The Wholesale Water Service is provided subject to Applicable Law (including permits, authorization and the jurisdiction of a Governmental Authority to issue orders and regulations regarding the Wholesale Water Service, the Wholesale Water Supply and the Project). City understands and agrees that Tacoma must comply with all such laws, permits, authorizations, orders and regulations, and that such laws, permits, authorizations, orders and regulations are an Uncontrollable Force to the extent that they affect the ability of Tacoma to fulfill its obligations under this Agreement. 16. NO RIGHT OR CLAIM TO WATER RIGHTS By this Agreement, City secures a contractual right to receive Wholesale Water Service and to accept delivery from Tacoma of the Wholesale Water Supply as a wholesale customer. By this Agreement, City acquires no right, title or interest in or to (a) the Project, the Wholesale Service Connection, the Meter or the Telemetry Equipment; or (b) any water rights, water claims, water permits or water certificates. 17. DISPUTE RESOLUTION 17.1 Any and all claims, controversies or disputes arising out of, relating to or in connection with this Agreement (each, a "Dispute ") as between the Parties shall be resolved in accordance with the Dispute resolution procedures set forth in this Section 17. 17.2 The Parties shall inform one another promptly following the occurrence or discovery of any item or event that would reasonably be expected to result in a Dispute required to be resolved in accordance with this Dispute resolution procedure. The initial mechanism to resolve Disputes will involve negotiations between the Parties' representatives, so designated by the Parties by notice given pursuant to Section 23. 17.3 If the Parties cannot resolve a Dispute satisfactorily within ten (10) days after receipt of the initial notice in accordance with Section 17.2, either Party may deliver to the other Party notice of the Dispute with a detailed description of the underlying circumstances of such Dispute. The Dispute notice shall include a schedule of the availability of the notifying Party's senior officers duly authorized to settle the Dispute during the thirty (30) day period following the delivery of the Dispute notice. The recipient Party shall, within three (3 ) business days following receipt of the Dispute notice, provide to the notifying Party a parallel schedule of availability of the recipient Party's senior officers duly authorized to settle the Dispute. Following delivery of the respective senior officers' schedules of availability, the senior officers of the notifying Party and the recipient Party shall meet and confer, as often as Page 12 of 18 WHOLESALE WATER SUPPLY AGREEMENT DI.B 0914 -0002 /LEGAL 120772987.5 Page 146 of 170 a ^a1 `I ;( ),, 1:::::::1 Ei l ()J OJ' 1 1"11:: ^ i1:, "P, r " I'" ".f "' r 8/26/2014 they deem reasonably necessary during the remainder of the thirty (30) day period, in good - faith negotiations to resolve the Dispute to the satisfaction of both Parties. 17.4 If at any time during the good -faith efforts to resolve any Dispute arising under this Agreement either of the Parties determines that such informal discussions will not result in a resolution of the issue or issues in Dispute, such Party may initiate the Dispute resolution process in accordance with the provisions of Exhibit B. 17.5 Pending resolution of any Dispute, the Parties shall continue to fulfill their respective duties under this Agreement. 18. DEFAULT AND REMEDIES 18.1 If a Party fails to perform its obligations hereunder, then it shall be in default hereunder unless the defaulting Party cures: (a) a monetary event of default within thirty (30) days after receiving written notice from the other Party of such monetary default; and (b) a non - monetary event of default within sixty (60) days after receiving a notice of default from the non - defaulting Party; provided, however, that if the nature or extent of the obligation or obligations is such that more than sixty (60) days are required, in the exercise of commercially reasonable diligence, to cure such non - monetary default, then the defaulting Party shall not be in default if it commences such performance within such sixty (60) day period and thereafter pursues the same to completion with commercially reasonable diligence. 18.2 Except as otherwise provided by the Wholesale Water Regulations, and subject to the procedures set forth in Section 17, if a Party is in breach or default of its obligations arising under this Agreement, the other Party shall have and shall be entitled to exercise any and all remedies available to it at law or in equity (including the right to specifically enforce this Agreement), all of which remedies shall be cumulative. If either Party elects to pursue singularly any remedy available to it under this Section 18, then such Party may at any time thereafter continue to pursue or cease pursuing that remedy and simultaneously elect to pursue any other remedy available to it under this Section 18. 19. ADDITIONAL WATER During the Term, City may request that Tacoma supply City with wholesale water on a temporary basis in addition to the Wholesale Water Supply ( "Temporary Wholesale Water Supply "). The availability of the Temporary Wholesale Water Supply for sale by Tacoma to City at any time or from time to time during the Term shall be determined by Tacoma in its sole discretion. If Tacoma shall determine that some or all of the Temporary Wholesale Water Supply is available for sale to City, it may be sold, scheduled, priced and delivered to City on such terms and conditions as may then be acceptable to the Parties upon approval of Page 13 of 18 DI.B 70914- 0002 /LEGAL 120772987.5 WHOLESALE WATER SUPPLY AGREEMENT Page 147 of 170 a ^a1 ` ;( ),, 1:::::::1 1'ii l ()J ^al'" 1 Ii`1I' ^ 1:, "P, r " I'" ".f "' r 8/26/2014 the Parties' applicable governing bodies. Without limiting the generality of the foregoing, any such sales shall be subject to the Wholesale Water Regulations (as applicable), the System Development Charge, the availability of resources, and the disruption, interruption, suspension and curtailment of the Temporary Wholesale Water Supply by Tacoma at any time. 20. REPRESENTATIONS OF THE PARTIES 20.1 Each Party is duly authorized and validly existing under the laws of, is authorized to exercise its powers, rights and privileges under the laws of, and is in good standing in the State of Washington, and has full power and authority to carry on its business as presently conducted, to execute this Agreement and to perform the transactions on its part contemplated by this Agreement. 20.2 The execution, delivery and performance of this Agreement, and the consummation of the transactions contemplated hereby, have been duly authorized by the appropriate board or council, and no other act or proceeding on the part of a Party is necessary to authorize this Agreement, or the transactions contemplated hereby. 20.3 The execution, delivery and performance by each of the Parties of this Agreement does not (a) contravene Applicable Law; or (b) conflict with or result in a breach of or default under any material agreement or instrument to which any Party is a party or by which it is bound. 20.4 There are no actions, suits, claims or proceedings pending or, to the best of each Party's knowledge, threatened against either Party that is likely to impair the consummation or the transactions contemplated hereby. 21. TERM The term of this Agreement (the "Term ") shall commence as of the Effective Date and shall remain in full force and effect until the date that Tacoma ceases making wholesale water sales in accordance with the Wholesale Water Regulations. 22. UNCONTROLLABLE FORCES If performance of this Agreement or of any obligation hereunder (other than the insufficiency of funds, the financial inability to perform or changes in a Party's cost of performing its obligations) is prevented or substantially restricted or interfered with by reason of an Uncontrollable Force, the affected Party, upon giving notice to the other Party, shall be excused from such performance to the extent of and for the duration of such prevention, restriction or interference. The affected Party shall use its reasonable efforts to avoid or remove such causes of nonperformance and shall continue performance hereunder whenever such causes are removed. Page 14 of 18 WHOLESALE WATER SUPPLY AGREEMENT DI.B 0914 -0002 /LEGAL 120772987.5 Page 148 of 170 a ^a1 `I ;( ),, 1:::::::1 Ei l ()J OJ' 1 1"11:: ^ i1:, "P, r " I'" ".f "' r 8/26/2014 23. NOTICES 23.1 All notices or other communications required or permitted by this Agreement must be in writing and be personally delivered, delivered by recognized overnight courier service or given by mail or via facsimile. Any notice given by mail must be sent, postage prepaid, by certified or registered mail, return receipt requested. All notices must be addressed to the Parties at the following addresses or at such other addresses as the Parties may from time to time direct in writing: Tacoma: Water Superintendent P.O. Box 11007 Tacoma, WA 98411 Phone: (253) 502 -8245 Fax: (253) 502 -8694 City: Assistant Director of Engineering /City Engineer 25 West Main Street Auburn, WA 98001 Phone: (253) 931 -3010 Fax: (253) 931 -3053 23.2 Any notice will be deemed to have been given (a) if personally delivered, when delivered, (b) if delivered by courier service, one (1) business day after deposit with the courier service, (c) if mailed, two (2) business days after deposit at any post office in the United States, and (d) if delivered via facsimile, the same day as verified; provided that any verification that occurs after 5:00 p.m. on a business day, or at any time on a Saturday, Sunday or holiday, will be deemed to have occurred as of 9:00 a.m. on the following business day. 24. MISCELLANEOUS 24.1 The rights and obligations of the Parties arising under this Agreement may not be sold, assigned or otherwise transferred in whole or in part by a Party without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. Subject to the foregoing, this Agreement shall be binding upon the Parties' respective successors and permitted assigns. 24.2 The Parties agree that in taking actions or making determinations required or provided for under this Agreement, each Party shall act in fairness and in good faith. The Parties will cooperate and use commercially reasonable efforts to facilitate the implementation of all aspects of this Agreement. During the Term, each Party, upon the request of the other Party, shall, without further consideration, execute, deliver and acknowledge all such further documents and do and perform all such other acts and things as either Party may reasonably request to effectively carry out the intent of this Agreement. Page 15 of 18 DI.B 70914- 0002 /LEGAL 120772987.5 WHOLESALE WATER SUPPLY AGREEMENT Page 149 of 170 a ^a1 ` ;( ),, 1:::::::1 1'ii l ()J ^al'" 1 Ii`1I' ^ 1:, "P, r " I'" ".f "' r 8/26/2014 24.3 A Party shall not have the right to offset any amounts owed to the other Party pursuant to this Agreement against any amounts due from the other Party pursuant to this Agreement, nor may a Party offset any amounts due to the other Party pursuant to this Agreement against any amounts owed by the other Party pursuant to this Agreement. A Party may not withhold any payment due the other Party by reason of a Dispute; such payment shall be paid "under protest" and any and all Disputes with respect to such payment shall be resolved pursuant to Section 17. 24.4 Any of the terms or conditions of this Agreement may be waived at any time and from time to time, in a signed writing, by the Party or Parties entitled to the benefit of such terms or conditions. Any waiver given by a Party shall be narrowly construed to specifically waive, in time and subject, only the express matter contained in such waiver. The failure of either Party to insist on or enforce strict performance of any provision of this Agreement or to exercise any right or remedy under this Agreement or Applicable Law will not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will be and remain in full force and effect. Tacoma's review, revision or approval of or comment upon any matter arising under this Agreement, or Tacoma's failure to review, revise, approve or comment upon any matter arising under this Agreement, shall not in any way (a) relieve or release City from any of its obligations arising under this Agreement, or (b) subject Tacoma to any liability with respect to such matter. 24.5 This Agreement shall be governed by and construed in accordance with the laws of the State of Washington (regardless of the laws that might otherwise govern under applicable principles of conflict of laws of such state). Except with respect to a lawsuit or judicial action or proceeding commenced by a third party in another jurisdiction and subject to Exhibit B, the Parties will (a) agree that any lawsuit, judicial action or proceeding arising out of or relating to this Agreement must be heard in the Superior Court of the State of Washington, in and for the County of Pierce, or the United States District Court for the Western District of Washington in Tacoma; (b) waive any objection to the laying of venue of any such suit, action or proceeding; and (c) irrevocably submit to the jurisdiction of any such court in any such lawsuit, judicial action or proceeding. 24.6 Terms defined in a given number, tense or form shall have the corresponding meaning when used in this Agreement with initial capitals in another number, tense or form. References containing terms such as "hereof," "herein," "hereto," "hereinafter" and other terms of like import are not limited in applicability to the specific provision within which such references are set forth but instead refer to this Agreement taken as a whole. "Includes" or "including" shall not be deemed limited by the specific enumeration of items, but shall be deemed without limitation. The term "or" is not exclusive. The headings contained in this Agreement are included solely for the convenience of the Parties. Accounting terms used but not defined herein have the meanings given to them under generally accepted accounting principles in the United States consistently applied throughout the specified period and in the immediately prior comparable period. The term "day" means a calendar day unless otherwise Page 16 of 18 WHOLESALE WATER SUPPLY AGREEMENT DI.B 0914 -0002 /LEGAL 120772987.5 Page 150 of 170 a ^a1 ` ;( ),, 1:::::::1 1'ii l ()J ^al'" 1 Ii`1I' ^ 1:, "P, r " I'" ".f "' r 8/26/2014 specified as a "business day "; a business day means a day, other than a Saturday or Sunday or public holiday, on which banks are generally open for business in Pierce County, Washington. 24.7 Any provisions of this Agreement prohibited or rendered unenforceable by Applicable Law shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement. In such event, the remainder of this Agreement will remain valid and enforceable. Upon such determination that any term or other provision is prohibited or rendered unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in an acceptable manner to the end that transactions contemplated under this Agreement are fulfilled to the greatest extent possible. 24.8 This Agreement may be amended only by an instrument in writing executed by the Parties that expressly refers to this Agreement and states that it is an amendment hereto. This Agreement constitutes the entire agreement between the Parties and supersedes all other prior agreements and understandings, oral and written, between the Parties with respect to the subject matter hereof. No amendment, modification or waiver of any provision of this Agreement will be valid unless set forth in a written instrument signed by both Parties. If a Party becomes aware of a conflict between this Agreement and any other agreement in place between such Party and any Person, it will promptly notify such other Party, and the Parties will work in good faith to resolve the conflict. 24.9 Nothing contained in this Agreement shall be deemed or construed by the Parties, or by any third party, as creating the relationship of principal and agent, or of partnership or of joint venture, between the Parties. Neither Party shall enter into any contract, agreement or other commitment, or incur any obligation or liability, in the name of or otherwise on behalf of the other Party. This Agreement shall create no rights, responsibilities and /or obligations in, to or from any Persons other than Tacoma and City. 24.10 Sections 13,14,16,17,18, 20, 24.5 and all other terms and conditions of this Agreement that must be reasonably construed to survive the expiration or termination of this Agreement in order to give full force and effect to the intent of the Parties as set forth herein shall survive the expiration or termination of this Agreement, regardless of whether such survival is expressly specified herein. 24.11 This Agreement may be executed in several counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same instrument. 24.12 This Agreement has been negotiated on an arm's - length basis by the Parties and their respective counsel and shall be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either Party. Page 17 of 18 DI.B 70914- 0002 /LEGAL 120772987.5 WHOLESALE WATER SUPPLY AGREEMENT Page 151 of 170 a ^a1 `I ;( )" 1:::::::1 Ei l ()J OJ' 1 1"11:: ^ i1:, "P, r " I'" ".f "' r 8/26/2014 IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the Effective Date. Dated this day of City of Tacoma Department of Public Utilities Water Division Linda A. McCrea Water Superintendent Approved as to form: Page 18 of 18 DI.B 70914- 0002 /LEGAL 120772987.5 2014. City of Auburn Nancy Backus Mayor Approved as to form: WHOLESALE WATER SUPPLY AGREEMENT Page 152 of 170 a ^a1 ` ;( ),, 1:::::::1 1'ii l ()J ^al'" 1 Ii`1I' ^ 1:, "P, r " I'" ".f "' r 8/26/2014 Exhibit A WHOLESALE SERVICE CONNECTIONS [To be added] Exhibit A — Page I of I WHOLESALE SERVICE CONNECTIONS DI.B 0914 - 0002 /LEGAL 120772987.5 Page 153 of 170 a ^a1 `I ;( ),, 1:::::::1 Ei l ()J OJ' 1 1"11:: ^ i1:, "P, r " I'" ".f "' r 8/26/2014 Exhibit B Dispute Resolution Procedures The following procedures shall govern the resolution of any dispute arising under the Wholesale Water Supply Agreement dated - (the "Agreement ") between the Parties that cannot be resolved by good -faith negotiations between the Parties, unless the Parties mutually agree to use different procedures to resolve a specific dispute by executing a document setting forth such different procedures. The Parties agree that these dispute resolution procedures are intended to be used in conjunction with and governed by Chapter 4.48 RCW, and both Parties hereby waive their right to a trial by jury for any dispute arising under the Agreement. The Party that believes that continued good -faith negotiations will not produce a resolution of the issue or issues that are the subject of such negotiations will notify the other Party in writing that it is invoking the dispute resolution procedures of this Exhibit B. 2. Within twenty (20) days of the date of such notice invoking the dispute resolution procedures of this Exhibit B, the Parties shall meet and select an individual to recommend to the court as referee of the dispute resolution process in accordance with RCW 4.48.020. The Parties shall select an individual who is qualified as a juror as provided by statute, is competent as a juror between the Parties, is a duly admitted and practicing attorney, and has experience presiding over civil litigation of contract disputes. The Parties will use the following procedure to select the recommended referee: 2.1 Each Party will make a list of three individuals that are qualified pursuant to Paragraph 2 to serve as referee and exchange such list with the other Party. If the Parties agree upon a person from either list, or if both Parties list the same person, that person will be the recommended referee. 2.2 If the Parties are unable to agree upon a referee after exchanging their respective lists, they will make a joint list setting forth all six candidates from the two lists. Upon the selection of the recommended referee, or the creation of the joint list pursuant to Subparagraph 2.2 of this Exhibit B, the Party that invoked the dispute resolution procedures shall file a complaint, in the superior court of the appropriate county as set forth in Section 24.5 of the Agreement, setting forth the issue or issues in dispute, and the other Party shall file an answer to such complaint. Not later than twenty (20) days after the filing of the answer, the Parties shall jointly file a motion, with the Agreement (including this Exhibit B) attached, with the court requesting an order of reference that: Exhibit B — Page i of 3 DI.B 70914- 0002 /LEGAL 120772987.5 DISPUTE RESOLUTION PROCEDURES Page 154 of 170 a ^a1 `I ;( )" 1:::::::1 Ei l ()J OJ' 1 1"11:: ^ i1:, "P, r " I'" ".f "' r 8/26/2014 3.1 Directs that the issue or issues raised by the complaint and answer be resolved pursuant to Chapter 4.48 RCW by reference to a referee; 3.2 Appoints, pursuant to RCW 4.48.020, either the recommended referee selected by the Parties pursuant to Subparagraph 2.1 of this Exhibit B, or a single referee from the joint list prepared pursuant to Subparagraph 2.2 of this Exhibit B; and 3.3 Directs the referee to conduct the proceeding in accordance with the procedures set out in Paragraphs 4 -10 of this Exhibit B. 4. In accordance with RCW 4.48.060, the Parties hereby waive their rights to discovery and cross - examination, and direct that the proceeding be conducted in the same manner as a motion for summary judgment as follows: 4.1 The Parties shall present their respective positions by written briefs and affidavits, and without testimonial evidence or cross - examination; 4.2 Oral argument will be conducted before the referee; and 4.3 The burdens of proof and persuasion that pertain in a civil trial shall apply, rather than those that apply to motions for summary judgment. After appointment of the referee, the Parties shall endeavor in good faith to prepare for the referee a joint statement of facts and the questions to be decided in the proceeding. In the absence of an agreed -to joint statement of facts and questions to be decided, each Party may include its own statement of facts and questions to be decided in its initial brief. 6. Within ninety (90) days after the submission of the joint statement of facts and questions to be decided, or within ninety (90) days after the appointment of the referee if the Parties cannot agree to a joint submission of facts and questions to be decided, each Party shall submit to the referee a one -page statement of the proposed resolution and /or award it seeks for each issue in dispute, and its initial brief. The statement and initial brief (excluding any attached affidavits or evidentiary documents) shall not exceed fifty (50) 81/2" x 11" double- spaced pages with 11/2 -inch margins and 12 -point typeface. The statement and initial brief shall be filed simultaneously by e -mail and regular mail with the referee and opposing Party. 7. Within thirty (30) days after the date the Parties filed their initial briefs, the Parties shall file their respective reply briefs with the referee and the opposing Party. The reply briefs (excluding any attached affidavits or evidentiary documents) shall not exceed twenty -five (25) 81/2" x 11" double- spaced pages with 11/2 -inch margins and 12 -point typeface. The reply briefs shall be filed simultaneously by e -mail and regular mail with the referee and opposing Party. Exhibit B — Page 2 of 3 DI.B 70914- 0002 /LEGAL 120772987.5 DISPUTE RESOLUTION PROCEDURES Page 155 of 170 a ^a1 ` ;( )" 1:::::::1 1'ii l ()J ^al'" 1 Ii`1I' ^ 1:, "P, r " I'" ".f "' r 8/26/2014 After the reply briefs have been filed, if the referee deems that additional responses are needed, then the referee may request that the Parties file a supplemental brief only as to those specific matters or questions raised by the referee. Such supplemental briefs shall be limited to fifteen (15) 81/2" x 11" double- spaced pages with 11/2 -inch margins and 12 -point typeface, and shall be filed at such time requested by the referee. Any such supplemental briefs shall be filed simultaneously by e -mail and regular mail upon the referee and opposing Party. 9. When all briefs have been filed, the referee will schedule oral argument on the issue or issues in dispute. 10. After the completion of oral argument, the referee will prepare his or her proposed report in accordance with RCW 4.48.70 and shall provide a copy of the proposed report to the Parties, who shall have the right to suggest changes and modifications to the proposed report, all in accordance with RCW 4.48.110. The referee will file the final report with the court within twenty (20) days of the completion of the process under RCW 4.48.110. 11. Either Party may move the court to modify or set aside, in whole or in part, the final report of the referee. If the court modifies or sets aside, in whole or in part, the final report of the referee and makes another reference, then this Exhibit B shall also apply to such reference. 12. Each Party shall be responsible for its own costs of the dispute resolution process (including any judicial proceedings), and the Parties shall each pay one -half of the other costs of the dispute resolution proceeding, including the fees of the referee. The fees of the referee shall be established in accordance with RCW 4.48.100. Exhibit B — Page 3 of 3 DI.B 70914- 0002 /LEGAL 120772987.5 DISPUTE RESOLUTION PROCEDURES Page 156 of 170 'Alu,BURN VVA,S I � I N G "i'(')N' Agenda Subject: Capital Project Status Report AGENDA BILL APPROVAL FORM Department: Attachments: Public Works Capfta1_Pr_qect Status t Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember: Osborne Meeting Date: September 15, 2014 Date: September 10, 2014 Budget Impact: $0 Staff: Sweeting Item Number: DI.0 DI.0 AUBURN * MORE THAN YOU IMAGINED Page 157 of 170 CAPITAL PROJECT STATUS REPORT Date: September 10, 2014 DLC Page 158 of 170 Page 1 of 9 Project Budget {$) Design Construction c +t4 `o t a d a v Proj, Street, Total Estimated c Adv. E Finish Project c �L m No. No. Location /Description Utilities Other Total Budget Costs a Date c0 Date Manager Status p 0 u° D Street NE Utility Improvements: 300,000 42,200 (Water) (430 Port) n This project will complete storm, sewer, 1 N water and street improvements related 567,944 162,203 1,840,847 1,840,847 100% Aug -13 100% Aug -14 Truong Final pay in process. N/A Jennings a (Sewer) (Sewer) (431 Part) Port) Northwest to the Port of Seattle mitigation 171,296 531 agreement on D Street NE. (Storm) (432 Port) SCADA System Improvement - Technology Upgrades This project will upgrade the City's 2,814,399 SCADA system to meet Public Works (Water) aAll goals. Budget and costs reflect 1,853,374 sites have been converted. 2 r4 5,529,323 5,470,379 100% Nov -09 99% Sep -14 Sweeting Punchlist, documentation, and T51 T51 cn technology contract and (Sewer) design /construction engineering. 861,550 training is underway. Construction contract costs for the (Storm) physical site improvements are shown separately. Academy Booster Pump Station: G) This project will update /replace the 3 c existing pump station in the Academy 3,526,255 3,526,255 3,168,295 100% Sep -12 98% Sep -14 Vondrak Work is underway. Carollo Rodarte (Water) Engineers water service area in order to meet fire flow demands. SCADA System Improvement - Physical 420,420 Site Improvements: (Water) This project will complete security site 4 N improvements at various utility 52,815 544,425 544,425 100% Mar -14 70% Dec -14 Sweeting Work is underway. T51 RL Alia Q locations throughout the City. Budget (Sewer) 71,190 and cost numbers reflect construction (Storm) contract and contingency amounts only. DLC Page 158 of 170 Page 1 of 9 CAPITAL PROJECT STATUS REPORT Date: September 10, 2014 DLC Page 159 of 170 Page 2 of 9 Project Budget {$) Design Construction c +t4 `o t a d a v Proj, Street, Total Estimated o Adv. o Finish Project c �L m No. No. Location /Description Utilities Other Total Budget Costs a Date c0 Date Manager Status p 0 u° 104th Street & 8th Street NE Intersection Improvements: c This project will provide safety 298,608 100,000 Valley Electric 5 N improvements at the intersection of 8th 398,608 398,608 100% Jun -14 65% Dec -14 Larson Work is underway. N/A of Mount a Street SE and 104th Avenue SE, (Street) (Fed. Grant) Vernon including signal modifications and sight distance improvements. AWS and M Street SE Intersection Improvements: This project will complete improvements at the intersection per N Option 2 selected by the Public Works 6 ° Committee, which includes adding a 530,000 517,500 1,047,500 1,047,500 100% Jun -14 13% Dec -14 Larson Work is underway. N/A Rodarte (Street Street TIB ( ) right turn lane from westbound Auburn Way S to M St SE and re- aligning the intersection of 17th St SE (on the north side of Auburn Way S) to be perpendicular to Auburn Way S. 30th Street NE Storm Improvements: Bids opened on September 2nd and This project will replace the 30 -inch N were significantly higher than storm drainage line along 30th Street NE 2,974,699 anticipated. Therefore, Staff is 7 ,y 2,974,699 2,822,299 100% TBD TBD Truong Otak from the north end of the Airport to the (Storm) preparing recommendation to reject U Brannon Park Storm Pump Station to all bids and re- advertise the project in address localized flooding issues. the Spring of 2015. DLC Page 159 of 170 Page 2 of 9 CAPITAL PROJECT STATUS REPORT Date: September 10, 2014 DLC Page 160 of 170 Page 3 of 9 Project Budget {$) Design Construction c +t4 `o t a d a v Proj, Street, Total Estimated o Adv. o Finish Project c �L m No. No. Location /Description Utilities Other Total Budget Costs a Date c0 Date Manager Status p 0 u° Sewer Pump Station Improvements (Repair & Replacement Program): This project will repair and modify existing sanitary sewer pump station Award in process. Budget and costs a facilities located at: F St SE, R St NE, N 1,350,594 u pdated to reflect bid amount and Jacobs /Norto 8 22nd St NE, Rainer Ridge, Valley 1,350,594 1,350,594 100% Aug -14 Jan -15 Truong a (Sewer) additional budget being added to the n Corrosion v Meadows, 8th St NE, Area 19, North taps, Peasley Ridge, Riverside, and project. Terrace View to address access, corrosion resistance, site security and new generators where needed. Annual Traffic Signal Improvements: This project includes procuring and N m 324,267 9 y 324,267 324,267 100% Aug -14 Dec -14 Barba Award in process. N/A v installing traffic signal equipment (328 Fund) upgrades for existing signals. 2014 Arterial and Collector Crackseal Project: c 100000 Project is Advertising for construction 10 ,y This project will provide cracksealing 100,000 97,069 100% Sep -14 Nov -14 Carter v (Street) bids. along 9.5 miles of arterial and collector streets within the City. BNSF Utility Crossings Project: This project will address utility crossings 780,000 00 of the BNSF right -of -way that will be (Water) °m affected by the 3rd rail line that 320,000 11 y 1,600,000 1,600,000 99% Sep -14 Apr -15 Truong Contract documents being finalized. Parametrix BNSF /Sound Transit plan to building in (Sewer) U 2015. The project will also replace a 500,000 storm drain pipe adjacent to the (Storm) railroad tracks at 37th Street. DLC Page 160 of 170 Page 3 of 9 CAPITAL PROJECT STATUS REPORT Date: September 10, 2014 rage 4 or y Project Budget {$) Design Construction c +t4 `o t a d a d Proj, Street, Total Estimated o Adv. o Finish Project c �L m No. No. Location /Description Utilities Other Total Budget Costs a Date c0 Date Manager Status p 0 u° Well 4 Improvements: eai This project will construct a new 1,303,519 12 1,303,519 1,259,139 100% Sep -14 Jul -15 Wickstrom Contract documents being finalized. RH2 v building to house a standby generator (Water) and disinfection equipment. Well 1 Improvements: Ln This project will rehabilitate Well 1 so 13 G1 that it can function at full capacity and 2,476,568 2,476,568 2,400,000 97% Sep -14 Jun -15 Vondrak Contract documents being finalized. Golder (Water) Associates complete modifications to the Howard Road Corrosion Control Facility. M &O Storm Drainage Improvements: 220,000 This project will construct a new (Water) c 999,400 14 m detention and treatment system for 470,000 (Ecology 2,179,041 2,179,041 60% Oct -14 Jun -15 Wickstrom Consultant design work underway. Brown & a drainage at the M &O Facility and (Sewer) Caldwell v expand and improve the existing decant 489,641 Grant facility. (Storm) 37th St & B St NW BNSF Pre - Signal: Final design underway. BNSF v This project will complete °m 76,900 307,550 permitting in process. Advertisement 15 ,y improvements to the rail crossing at 384,450 384,450 95% Nov -14 May -15 Sweeting KPG v (Street) (Federal) date adjusted to reflect additional 37th Street NW and B Street NW to time needed for BNSF permitting. address safety concerns. 2014 Citywide Pavement Patching and Overlay Project: This project will c complete pavement patching and 16 N overlay treatments on arterial, collector 173,000 2,774,100 3,014,700 99% Dec -14 Jun -15 Carter Design work is underway. N/A (ICON) and local roadways for the purpose of pavement preservation through the City. Consultant design work underway. Lakeland Hills Reservoir Improvement: Coordination with communications This project will provide various Ln companies underway. Advertise and 17 c improvements at the reservoir, 1,528,334 1,528,334 1,528,334 85% Dec -14 Oct -15 Larson finish dates adjusted to reflect Gray & (Water) Osborne including painting, seismic upgrades, advertising the project during a more and facility modifications. favorable construction season for u1c., Pqrip 11 of 17n operational purposes. rage 4 or y CAPITAL PROJECT STATUS REPORT Date: September 10, 2014 DI.0 Page 162 of 170 Page 5 of 9 Project Budget {$) Design Construction c +t4 `o t a d a v Proj, Street, Total Estimated o Adv. o Finish Project c �L m No. No. Location /Description Utilities Other Total Budget Costs a Date c0 Date Manager Status p 0 u° 2011 Storm Pipeline Repair and Replacement. Phase 2: This project will construct storm Design is underway. Advertise and G1 drainage improvements on Hi -Crest finish dates adjusted to reflect 18 N Drive NW. The City is also designing and 377,740 377,740 411,195 65% Jan -15 Nov -15 Barba advertising the project during a more N/A (Storm) constructing the relocation of a favorable bidding and construction Lakehaven Utility District (LUD) season. Watermain that is in conflict with the storm improvements, at LUD's expense. Auburn Way South Pedestrian Improvements - Dogwood to Fir Street: This project will construct new sidewalks, street lighting system, 740,830 00 landscaped median island, a designated 219,782 (State) mid -black crosswalk, relocation of (Street) 100,000 Final design and right -of -way 19 N 1,520,651 1,418,011 92% Jan -15 Dec -15 Sweeting CH21VHiII v existing utility poles, and a u -turn at Fir 130,039 (Federal) acquisition underway. Street. This project also includes a (Water) 330,000 public education element for pedestrian (MIT) safety. This project is planned to be constructed concurrent with project CP1119. DI.0 Page 162 of 170 Page 5 of 9 CAPITAL PROJECT STATUS REPORT Date: September 10, 2014 DI.0 Page 163 of 170 Page 6 of 9 Project Budget {$) Design Construction c +t4 `o t a d a v Proj, Street, Total Estimated o Adv. o Finish Project c �L m No. No. Location /Description Utilities Other Total Budget Costs a Date c0 Date Manager Status p 0 u° Auburn Way South Corridor Improvements - Fir St. SE to Hemlock St. SE: This project will widen AWS between Fir 200,849 G1 and Hemlock Streets from 3 lanes to 5 (Street) 2,425,402 " lanes and includes new sidewalks, street 13,853 (TIB) Final design and right -of -way 20 N 3,517,005 3,484,703 92% Jan -15 Dec -15 Sweeting CH2MHill v lighting system, bus pull -outs, and (Water) 836,601 acquisition underway. improvement of the Hemlock St. 40,300 (MIT) intersection to include u -turns and a (Sewer) new traffic signal. This project is planned to be constructed concurrent with project CP1118. Valley AC Watermain Replacement: Design is underway. Advertise and This project will repair or replace G1 finish dates adjusted to reflect 21 a asbestos cement water lines along 1,233,574 1,233,574 1,208,722 65% Mar -15 Aug -15 Chalmers advertising the project during a more N/A Water ( ) v AWN, 49th and B St NW and at the favorable bidding and construction M &O /Parks Maintenance area. season. 277th - Auburn Way North to Green River Bridge: 1,020,700 This project will complete the widening (Federal) Design is underway. Working on an ei of S 277th from the intersection of 989,185 2,300,000 22 N 8,309,885 8,309,885 38% Mar -15 Apr -16 Vondrak agreement with Kent for S 277th St Parametrix Auburn Way North to L Street NE, (Street) (Developer) transfer of right -of -way to Auburn. including the construction of a 4,000,000 pedestrian trail and relocation of the (TIB) floodway along S 277th. DI.0 Page 163 of 170 Page 6 of 9 CAPITAL PROJECT STATUS REPORT Date: September 10, 2014 DI.0 Page 164 of 170 Page 7 of 9 Project Budget {$) Design Construction c +t4 `o t a d a v Proj, Street, Total Estimated o Adv. o Finish Project c �L m No. No. Location /Description Utilities Other Total Budget Costs a Date c0 Date Manager Status p 0 u° Fulmer Wellfield Improvements: This project will be done in phases. The first phase 1A will complete investigation of the Fulmer Wellfield c area to determine the required analysis 533,294 (Phase 23 N and drilling program needed to utilize 1,750,000 1,750,000 1) 1,030,358 85% N/A TBD Fenhaus Consultant design work is underway. Golder v (Water) Associates the full water rights. Phase 1B will (Phase 2) complete a drilling and testing program as well as an alternatives analysis. Phase 2 will complete the physical improvements. Auburn Way South & Riverwalk Intersection Improvements: 00 This project will construct 252,684 N improvements to the intersection of (Street) 2,333,108 24 y 2,645,792 2,645,792 20% Mar -15 Dec -16 Larson Design is underway. CH2MHill v AWS and Riverwalk Drive and complete 60,000 (Federal) minor widening and add additional (Water) capacity from the MIT Plaza signal to the Dogwood signal. AWS Flooding Phase 2: This project will construct conveyance 1,638,000 N improvements on 17th Street SE from A (Storm) ° Street SE to K Street SE and increase the 900,000 25 N 2,898,000 2,805,300 35% Mar -15 Dec -15 Wickstrom Design is underway. KPG v capacity of the existing detention pond (Water) located on A Street SE. The project will 360,000 also replace sewer and water facilities (Sewer) adjacent to the storm drain line. Storm Drainage Pipeline Repair and Replacement: 26 N This project will replace and /or repair 333,000 333,000 30% May -15 Aug -15 Wickstrom Design is underway. N. =_ aging and damaged storm lines throughout the City. DI.0 Page 164 of 170 Page 7 of 9 CAPITAL PROJECT STATUS REPORT 2014 Local Street Reconstruction Date: September 10, 2014 Project Budget {$) Design Construction d v +t4 t prof, Street, Total Estimated Adv. Finish Project c °—�° T No. No. Location /Description Utilities Other Total Budget Costs U Date Date Manager Status p u° SOS Program DLC Page 165 of 170 Page 8 of 9 2014 Local Street Reconstruction Project; This project will complete the 250,000 N reconstruction of the following local {Water) 27 ,"+ roadways_ 2,298,162 2,869,950 100% Jun -14 27% Dec -14 Carter Work is underway. Jacobs Rodarte u K St NE - East Main to 4th St NE (Sewer) H St SE & 19th St SE - 21ST St SE to 17th St SE 24th St SE - M St SE to R St SE Other SOS Projects: CP1402, 2014 Citywide Pavement 176,083 176,083 Carter For status see CP1402. Patching and Overlays. 2014 SOS Program Totals 2,474,245 3,046,033 2014 TOTAL SOS PROGRAM 2,474,245 3,046,033 CPS TOTALI 50,294,330 1 47,875,639 DLC Page 165 of 170 Page 8 of 9 OTHER PROJECTS - ACTION BY OTHER COMMITTEE p Date: September 10, 2014 C7 .. Sv c0 CD O O O h O d Ll Total Proj. Y i Estimated No. No. Location /Description Costs Fenster Levee Project: E o This project will complete new levee Finish A r, u improvements on the Fenster Levee 1,265,000 U Date along the Green River. Date Manager Status Airport Runway & Apron v N Rehabilitation: B N Asphalt and crack repair, application of 676,679 100% u a slurry seal, and striping at the Auburn Dec -14 Andersen Municipal Airport. King County TOTAL OTHER PROJECTS 1,941,679 Sv c0 CD O O O h O d Ll Y i L o E Adv. Finish Staff° U Date U Date Manager Status p u v Work is underway. 100% Jun -14 65% Dec -14 Andersen King County King County Colemon/ Work is underway. 50% Jun -14 50% Nov -14 Century West Blackline, Inc. Wickstrom Page 9 of 9 'Alu,BURN VVA,S p � I N G "i'( AGENDA BILL APPROVAL FORM Agenda Subject: Date: Significant Infrastructure Projects by Others - Public Works September 10, 2014 Status Report Department: Public Works Attachments: Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember: Osborne Meeting Date: September 15, 2014 Budget Impact: $0 Staff: Gaub Item Number: DI.D DI.D AUBURN * MORE THAN YOU IMAGINED Page 167 of 170 SIGNIFICANT INFRASTRUCTURE PROJECTS BY OTHERS - PUBLIC WORKS STATUS REPORT p Date: September 10, 2014 -UOTE: 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 (Mfrastructure by others (such as pump stations etc.) (D O O O h O 1of1 Anticipated Completion Sponsor/ Permit(s) Date Per No_ Applicant Location /Description Length Issued Applicant Status King County Reddington Levee: 1 Flood Control This project will replace the Reddington Levee from approximately 0.9 Miles Yes Oct. 2014 Work on this is nearing completion. District 26th St NE to 43rd Street NE. Auburn High School Replacement: Auburn This project will include roadway and utility improvements to support N/A - Multiple Phase 2 construction which includes the partial demolition of 2 School District the new Auburn High School. Improvements include modifications Block Yes Summer 2015 the old building, additional utility work, some remodeling, and to Storm, Water and Sanitary Sewer mainlines and roadway Development improvements on 4th Street NE is underway and on schedule. improvements on Main Street and 4th Street NE. 124th Ave SE Half Street Road Improvements: Work is underway. Contractor has completed the roadway Yarrow Bay This project will complete half street roadway improvements on widening and utility work. Remaining work includes 3 Development 124th Ave SE from SE 304th St. north to approximately SE 290th 3,800 Feet Yes Fall 2014 landscaping, fence installation, channelization and final punch St. for the 3rd phase of the Verdana (Bridges) Plat development list. that is in Kent. S 300th Street Half Street Road Improvements: 4 PNW Holdings This project will complete half street roadway improvements on S 400 Feet Yes Fall 2014 Work is underway. LLC. 300th Street from 58th Place S. to approximately 62nd Ave. S for the Westrid a Plat development on the west hill. Auburn Way South and M Street SE /Howard Road: 5 Puget Sound This project will replace bare steel gas lines found during the Unknown Yes Summer 2014 Only restoration work remains to be completed. Energy relocation efforts associated with the City's AWS and M Street Intersection improvements. 6 Puget Sound A Street SE - 23rd to 29th Street SE: 1000 Feet Yes Oct. 2014 Only restoration work remains to be completed. Energy This project will replace steel gas lines. 112th Ave SE AND SE 304th Street: Alpine View This project will complete half street roadway improvements to 7 LLC support the Hazel Heights development. Improvements include new 300 feet Yes Spring 2015 Work is underway. street lighting and widening of 112th to include a turn lane and sidewalks. -UOTE: 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 (Mfrastructure by others (such as pump stations etc.) (D O O O h O 1of1 'Alu,BURN VVA,S I � I N G "i'(')N' Agenda Subject: Action Tracking Matrix AGENDA BILL APPROVAL FORM Department: Attachments: Public Works Matrix Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember: Osborne Meeting Date: September 15, 2014 Date: September 10, 2014 Budget Impact: $0 Staff: Gaub Item Number: DI.E DI.E AUBURN * MORE THAN YOU IMAGINED Page 169 of 170 M CD 910120149- 37 P .., Updated: -4 O 0 .a O